General Terms and Conditions

Please note: For reasons of readability, gender-specific wording has been omitted. The term „user“ refers to both female and male users.

A. General Information

1. Scope and subject of agreement

1.1 The present terms and conditions apply to the use of the platform https://www.guanshe.me (also called „platform“) which is provided by OuYa Connect GmbH, Stiftstr. 62, 20099 Hamburg, Germany („OuYa Connect GmbH“ and „we“). On our platform we provide a space for a community, in which amongst others, registered users can communicate with other users via a forum, write and post articles, as well as leave comments. Doing so, the users can collect points and exchange these for rewards. We also offer editorial content which is expressly marked as such.

1.2. The user is independent in the creation of the article and not bound by instructions by the OuYa Connect GmbH and acts at his own responsibility. We merely make the platform available for this purpose to users.

The user grants OuYa Connect GmbH the right of use, unlimited in time and without geographic restrictions, of his posted and/or used contents or other contents that he made available (articles, forum posts, comments, photos, videos or similar) , within the needed scope for operating the platform and its corresponding services. This includes particularly the right to publish the contents uploaded or else transferred by the user, onto the platform and make necessary reproductions, edit the contents as far as needed for conversion into a suitable file format for the platform or make editorial changes if needed, make them publicly accessible, to send or otherwise reproduce the content publicly. This does not apply for personal data that has been entered by the user in relation to the set-up of a profile. The Privacy Policy applies to this. The user grants us the right of use by uploading or direct posting of the content onto the platform or sending it via E-mail. We remain entitled to make contents available to other users within the scope explained above also after termination of the contract with the user, as far as it is necessary for the operation of the platform. Providing access to others in such a case will be done anonymously, unless the user explicitly demands the removal of the contents uploaded by him via E-mail to admin(@)guanshe.me.

1.3 The user can obtain points for different activities on the website. A list with all activities for which the user can obtain points, can be found at https://guanshe.me/m/point/home/. 

Upon reaching a fixed amount of points, the user can exchange the points for a reward. The current catalogue of rewards can be found at https://guanshe.me/m/reward/home/These rewards are available while stocks last.  

The current amount of points can be seen at any time at https://guanshe.me/member.php. 

The collected points expire 18 months after registration date, should they not be exchanged for a reward by this date.

Points cannot be converted to cash.

1.For the purposes of these General Terms and Conditions, „users“ shall mean unrestrictedly contractually capable natural persons who have reached the age of 18 or legal persons that have registered and whose registration has been confirmed by OuYa Connect GmbH. By registering or using the platform, the user accepts these General Terms and Conditions.

1.5 Regarding the use of individual additional services the below stated Special Terms shall additionally apply. In case of a contradiction between the General Terms and Conditions and the Special Terms, the Special Terms shall be valid before the General Terms and Conditions, unless this has not been explicitly excluded in the Special Terms. General Terms and Conditions of the user shall not apply. We object such General Terms and Conditions herewith explicitly. 

2. Registration

2.1 In order to be able to use the platform, the user has to register. For registration the user enters the requested data into the registration form. In order to be able to use the platform with the full features, a confirmation of the E-mail address is required. By clicking on the confirmation link in the E-mail and confirmation by the administrator, the user account will be activated and the contract of use becomes effective. The user profile can then be used according to the corresponding membership level. Users shall not be entitled to the execution of such a contract of use.

2.2 The user is obliged to provide truthful, up-to-date and complete details in accordance with the registration form. The data shall always be kept up-to-date. If subsequent to registration any of the data changes, the user shall update the information in his user account without delay or shall inform us about the changes, should the user not be able to carry out the changes himself. Multiple registrations are not permitted. We reserve the right to demand proof of identity of the user, and/or check his profile at social networks such as Xing, LinkedIn, Facebook or others in order to verify the identity of the registered user. Furthermore, we reserve the right to ask the age of majority and may deny the use of the platform or individual services. We accept no responsibility for the correctness of the data provided by the user onto the platform.

3. User Obligations, User Profiles and Rules of Conduct (Responsibility for own Content)

3.1 Once the user has registered, he can set up a user profile, whereas each user may only set up one user profile. The user is responsible that his user profile is used by himself only and shall be liable for all actions that third parties might carry out using his user profile, fully according to the applicable laws, unless the user is not responsible for the said misuse of his user profile.

3.2 The user is obliged to state all information at the creation of the user profile correctly and completely. The data shall be kept up-to-date. The user has the possibility to add a photo to his user profile. The user assures that the use of the photo as a public profile photo is in line with legal regulations and that he holds the necessary rights of use and has the permission to transfer them to us.

3.3 The user is obliged to follow the rules of these Terms and Conditions, pay attention to the forum rules and follow the orders of our supporters.

3.4 The user will seek to ensure to maintain and encourage the mutual respect within the communication. The user is solely responsible for all contents that he uploads or posts to the platform. The user is prohibited from

  • choosing a user name that might infringe any rights of third parties (personal rights, trade mark rights, copyrights etc.) or is contrary to accepted principles of morality
  • using or posting any insulting, threatening, harassing, defamatory or illegal contents
  • using or posting discriminating contents (disadvantage or hate speech against persons because of their race, ethnical or other origin, religion, handicap, sex, age or sexual orientation), using or posting pornographic, obscene, morally reprehensible, vulgar, glorifying violence, sexist or extremist contents or using or posting contents or products that violate the law
  • violating applicable law or inciting law infringement
  • publishing or distributing contents that violate the property rights of third parties (personal rights, trade mark rights, copyrights etc.)
  • using data of third parties for commercial or illegal purposes
  • uploading, posting or reproducing the image of another person without the written agreement of the concerned person
  • publishing or distributing contents, that cause damages to network, servers or other infrastructure components, disturb the function of these or access these (e.g. distribution of worms, Trojan horses, viruses, spyware, password fishing etc.)
  • commercial activities and/or (also via link) e.g. ads, games, promotional contests, raffles, bartering, pyramid schemes without the explicit agreement of OuYa Connect GmbH

3.5 The user shall assure prior to uploading or making available any contents that the use is permissible under applicable law. Furthermore, the user is obliged, as far as necessary,  to obtain the rights of use for the use of the contents that allow himself to grant OuYa Connect GmbH the necessary rights of use.

3.6 Passwords must be kept strictly confidential at all times and must not be given to third parties. As soon as the user has knowledge that a third party has accessed his access data or else obtained access to his user profile, he is obliged to inform us immediately via E-mail to admin(@)guanshe.me. We are entitled to block the user profile temporarily until clarification.  

3.7 In addition to that, it is prohibited for the user to publish content that pursues commercial interests, undertake or encourage anticompetitive acts, including progressive customer canvassing through chain, snowball or pyramid schemes. Furthermore, it is prohibited for the user to carry out other harassing actions towards other users or third parties on the platform, to intent to obtain unauthorised access to third party data as well as make use of the platform in a way that could cause overload or disruption of our systems.

3.8 The removal of content can partly be done by the user himself, partly only by us.

3.9 Should there be violations of obligations on the part of the user, we will take appropriate measures in order to end these. In particular, we are entitled to edit, block or delete contents that infringe rights. In exceptional cases we are also entitled to exclude the user completely or partly from the use of the platform and block or delete his user account accordingly.

4. Comments and Ratings

4.1 In certain cases the user has the possibility to comment on or rate contributions from other users such as forum posts, articles and more as well as editorial content and events. Through the comments and ratings of other users, the user shall have the opportunity to obtain a view of the rated contents.

4.2 The user is prohibited from any behaviour that does not pursue the aim of a fair and meaningful evaluation and commenting of the given contents. Furthermore, the user is obliged regarding the evaluation or commenting, not to upload any illegal contents or to use such and to omit false factual allegations and details that might violate the personal rights of third parties. When rating or commenting and uploading photos, the user is obliged to describe the contents to be evaluated as detailed as possible, submit ratings as objectively as possible, not to submit a rating or publish a photo should the user be an employee, owner or operator of the content or objects to be evaluated or connected in a similar way, e.g. as a family member or if the user had been promised any benefits by the employee, owner or operator of a content or object to be evaluated for submitting a positive rating or comment.

4.3 We do not assume any liability for the accuracy, completeness, timeliness or other aspects of the contents on the platform for evaluations and comments submitted by the users.

5. Liability of the User / Exemption

The user is aware that an illegal conduct presents a risk that we might be sued by third parties due to justified infringements of the law. Should the user have violated his obligations from these General Terms and Conditions and we will be sued by a third party because of this infringement, the user shall be obliged to exempt us of all related costs. The exemption also applies to all necessary expenses that may arise due to defending us in court, as long as these expenses are within the respective statutory rates for a lawyer.

6. Liability of OuYa Connect GmbH 

6.1 We assume unlimited liability for damages caused intentionally or by gross negligence on the part of OuYa Connect GmbH, our employees or vicarious agents, for fraudulent concealment of defects, for the explicit assumption of guarantee as well as for damages arising from injury to life, body or health.

6.2 Furthermore, our liability shall be excluded irrespectively any legal reason. We assume no liability for contents from other websites that are linked to the platform. We do not consider contents of external linked sites our own and assume no responsibility. As soon as we become aware of illegal contents or of a linking to paid websites, we will remove these links or block access to these.

6.3 Products incorporated through hyperlinks that sometimes can be found in articles, are offered by third parties, not by us. Such products are marked accordingly. We therefore do not assume any responsibility for these products, neither for the availability nor for the legal and actual quality. Contracts on the purchase of these products are exclusively made with the respective providers. The General Terms and Conditions and the Privacy Policy of the respective provider applies to the contractual relationship.

7. Availability of the Platform

The user has no legal right to a permanent use of the platform, furthermore we are not obliged to assure a constant availability and accessibility of the platform. We will do our best of course, to provide the availability of the platform as constant as possible. Necessary maintenance work, however, can result in a malfunctioning or temporary unavailability.

8. Period of Validity and Termination of the Contract

8.1 The contract of use shall be concluded for an indefinite period. We have the right to terminate the contract of use with a 14 day notice. The user may terminate the contract of use in written form, for example via E-mail to admin(@)guanshe.me at any time without notice.

8.2 The right of the parties to extraordinary termination for important reasons remains unaffected. 

9. Amendment of the General Terms and Conditions

9.1 We have the right to amend these General Terms and Conditions regarding regulations for the use of possible newly introduced additional features on the platform. The user will be informed about the proposed amendments of the General Terms and Conditions at the latest four weeks prior to the planned coming into force via E-mail to the address that he stated at the registration. The user shall be deemed to have given his consent to the amendment of the General Terms and Conditions if he does not object to the change within a period of two weeks, starting with the day that follows the notification of amendment, in written form (e.g. letter, E-mail). In the notification of amendment, we undertake to point out separately the possibility of objection, the period for objection, the requirement for the written form as well as the importance or the consequences of non-objection.

9.2 If the user does not object to the amendments of the General Terms and Conditions in due form and time, the contractual relationship shall be continued under the changed conditions.

10. Final Provisions, Applicable Law  

10.1. Should particular regulations of these General Terms and Conditions become invalid or partly invalid, the General Terms and Conditions and the Special Terms shall remain valid. In case of such invalidity the invalid regulation shall be replaced by the legal regulation.

10.2 This agreement is governed exclusively by the laws of the Federal Republic of Germany. The UN purchase law (CISG) is not applicable.

BSpecial Terms for Events

1. General Information

We may provide users a platform for publishing events. 

2. Registration, Conclusion of the Agreement

User can register directly on the platform for events that are offered by other users. A contract shall merely come about between the user and the event organiser, not with OuYa Connect GmbH.

3. Right of Withdrawal, Participation, Cancellation of the Event

The terms of participation as well as the details for the right of withdrawal will be stated directly at the event. Questions hereto shall always be directed to the event organiser. 

We assume no liability for the holding or quality of the event. All claims exists exclusively against the event organiser. 

 

Status: as of September 2018

 

OuYa Connect GmbH

Stiftstr. 62

20099 Hamburg (Germany)

E-mail: anke.pauli(@)guanshe.me