General Contractual Terms and Conditions for Participation in OPENPUZZLE

These General Terms and Conditions are intended for providers of information in the form of images or text, hereinafter referred to as member(s), on the OPENPUZZLE platform. The content of the services provided to its members by OPENPUZZLE and the functional principle of these services are summarized at www.openpuzzle.com. These services are free of charge for the members. OPENPUZZLE is under no obligation to maintain this free status.

The General Terms and Conditions below conclusively govern the contractual relationship between the member and OPENPUZZLE.

The member concludes the contract for use of the services provided by OPENPUZZLE with

jimlukas GmbH
Mörikestraße 17,
72250 Freudenstadt, Germany

For further contact data, any data from the commercial registry, and the name of the authorized representative(s), please refer to the masthead.

The member can access, print, download and save these General Terms and Conditions at any time, even after concluding the contract, at the AGB hyperlink provided at the OPENPUZZLE platform.

Section 1: General rights and obligations of OPENPUZZLE

  1. OPENPUZZLE provides registered members with a closed, free platform to present themselves and to communicate. This platform is essentially financed by means of advertising. By registering for membership, the member thereby agrees to accept the display of advertising windows when using this platform.
  2. OPENPUZZLE will make the data and/or content – hereinafter referred to as "information" in general – provided by the member available to third parties unless this information violates statutory regulations, these General Terms and Conditions, or the General Terms of Use. OPENPUZZLE is authorized – without prior notice – to remove information that is posted in violation of these General Terms and Conditions or that is suspected of being in violation of the law.
  3. OPENPUZZLE provides only a technological platform that permits members to present themselves on this platform and to contact other members. OPENPUZZLE does not contribute to the content of the communication. Any legal transactions concluded in the framework of the OPENPUZZLE platform involve only the respective members, not OPENPUZZLE. The members are solely responsible for handling and fulfilling mutually agreed contracts. OPENPUZZLE is not liable if no contact is established between the members via the OPENPUZZLE platform in connection with such a contract. Furthermore, OPENPUZZLE is not liable for violations of obligations arising from contracts concluded between the members.
  4. OPENPUZZLE reserves the right, with one (1) month's notice, to introduce fees for the membership as such and/or for the use of certain services.

Section 2: Registration

  1. Every member must register before using the services of OPENPUZZLE.
  2. When registering for participation in OPENPUZZLE under his/her own member profile, the member is obligated to make true statements, not to use any pseudonyms or noms de plume, and to make any subsequent changes via his/her member account without undue delay.
  3. Each member may register only once and may create only one member profile (“profile”).
  4. The member shall ensure that he/she will be able to receive and acknowledges those e-mails that are sent to him/her at the e-mail address specified by the member during the registration process.
  5. The member is solely responsible for managing the member account. The account is protected by a password.
  6. Access to certain services offered by OPENPUZZLE is possible only for registered members. There is no claim to registration. In particular, OPENPUZZLE reserves the right to subject previously unrestricted services to mandatory registration.
  7. Each member specifies his/her own password during registration. He/she can subsequently change it at any time using the corresponding function in his/her account. Passwords must be kept strictly confidential at all times. OPENPUZZLE will not forward the password to third parties and will never ask the member about the password.
  8. The membership data allow the member to view or change his/her data in the member profile or to withdraw or expand any granted data-processing agreements.
  9. The member shall always ensure that the membership data do not become accessible to third parties, and he/she shall be liable for all information disseminated under the membership data and other activities.
  10. The password-protected area must be exited after every use. Insofar as the member becomes aware of misuse of the membership data by third parties, he/she is obligated to report this to OPENPUZZLE in writing without undue delay – and in advance by telephone or by simple e-mail. Once it has been informed of such misuse, OPENPUZZLE will block access to the password-protected area for persons using these membership data. This block may be revoked only after a separate request by the member to OPENPUZZLE or after registering anew.

Section 3: Minors

  1. Minors may register at OPENPUZZLE if they possess sufficient maturity and judgment to understand and observe the applicable terms of use and if they register with the consent of their legal guardians.
  2. If the legal guardians allow the minor to use OPENPUZZLE, they hereby accept their responsibility for the minor's online behavior, the consequences of any misuse of OPENPUZZLE by the minor, and the general conditions of use of OPENPUZZLE.
  3. Minors who provide false information during registration regarding their authorization to use OPENPUZZLE as per Section 3, Item 1, are subject to tortious liability for any damage they cause.

Section 4: Effectiveness of the membership

  1. By completing the registration process, the member submits an offer to conclude the contract for the use of the services of the OPENPUZZLE platform. OPENPUZZLE accepts this offer by activating the member. This acceptance realizes the contract between the member and OPENPUZZLE.
  2. The member can request in writing his/her registration to be deleted at any time, insofar as this deletion does not conflict with the completion of ongoing contractual relationships. If the member chooses to delete his/her registration, OPENPUZZLE will delete all membership data and all other stored personal data of the member as soon as these data are no longer required.

Section 5: Right of withdrawal for consumers

If the member registers for a purpose that can be assigned neither to his/her commercial nor to his/her freelance vocational work, the following provisions shall apply to him/her as a consumer as per the law (Section 13 of the German Civil Code – ¶13 BGB):

Right of withdrawal: The member may withdraw the registration for the membership in writing by e-mail within two (2) weeks, without the need to state reasons. The term begins with the activation of the membership, but no earlier than with the receipt of these instructions.

The member may furthermore withdraw the registration for a paid membership in writing by e-mail within two (2) weeks, without the need to state reasons, once he/she has changed from a free membership to a paid membership. The term begins after activation of the paid membership, but no earlier than with the receipt of these instructions.

In any of the cases above, timely submission of the withdrawal message is sufficient to uphold the withdrawal term.

The right of withdrawal is exercised by deletion of the account assigned to the member by means of two clicks of the mouse. Additionally, a withdrawal function is integrated into the initial (verification) e-mail that a new user receives during the registration process: with one click of the mouse, the member can exercise his/her right of withdrawal here as follows:

You have received this e-mail because you have created a free member account at www.openpuzzle.com. You can cancel your free registration within the period set by law […] (cf. ¶4 of the Terms&Conditions). To do so, please click here or send an e-mail to kontakt@openpuzzle.com

In any of the aforementioned cases, the withdrawal may also be sent by regular (non-electronic) mail to the address below:

jimlukas GmbH
Mörikestraße 17
72250 Freudenstadt, Germany

OPENPUZZLE will immediately confirm, i.e. generally within two working days at the latest, receipt of the withdrawal from the member who wishes to cancel his/her membership.

The member's rights to terminate the contract, as outlined in Section 16, shall remain unaffected by the member's right of withdrawal.

Premature expiration of the right of withdrawal: According to Section 312d, Para. 3 of the German Civil Code (¶ 312d Abs. 3 BGB), the member's right of withdrawal expires before completion of the two-week withdrawal term if OPENPUZZLE has already begun providing the services for which the member has registered with the express agreement of the member of if the member himself/herself initiated provision of the services for which the member has registered (e.g. by the member making use of services from OPENPUZZLE provided to the member by OPENPUZZLE as part of the membership selected by the user during registration).

Consequences of withdrawal: In the case of an effective withdrawal, the mutually received services shall be returned within the framework of the statutory regulations, and any drawn benefits (e.g. interest) shall be surrendered. If the member cannot return the services received or if he/she can do so only partially or only in an impaired condition, he/she shall pay compensation in this respect if applicable. The member must fulfill obligations to reimburse payments within 30 days after submission of his/her declaration of withdrawal.

Section 6: Transfer of rights to images

  1. The most important identifying feature of OPENPUZZLE is a cross-border mosaic of portrait images (and the associated "profile" that are available, i.e. the master data of the members), which function as puzzle pieces. If applicable, OPENPUZZLE will exploit portions of this image mosaic online and offline, i.e. in the form of posters, flyers, t-shirts or in corresponding online services or print media of OPENPUZZLE or its business associates, as well as for other marketing purposes.
  2. After a delay for the confirmation of his/her membership by OPENPUZZLE as defined in Section 2, the member shall transfer to OPENPUZZLE the required simple, non-expiring, irrevocable and transferable licenses and exploitation rights for the portrait photography posted in OPENPUZZLE by him/her that are required for this purpose.
  3. The member will post only portrait photographs of himself/herself that clearly and accurately depict the member. The member shall ensure and avow that public presentation of the portrait photographs in OPENPUZZLE is permissible. The transmission of photographs or depictions of other persons or non-existing persons, animals or objects is not permissible. The portrait photographs submitted by the member must not include any company logos.

Section 7: Transfer of rights to articles

  1. By posting an article in a forum of OPENPUZZLE, the member grants OPENPUZZLE, after a delay for the confirmation of his/her membership by OPENPUZZLE as defined in Section 2, an unrestricted, irrevocable and transferable license to the respective article, which entitles OPENPUZZLE to any type of use and exploitation, particularly permanent publication of the article in the corresponding forum, both on OPENPUZZLE's own web pages and on pages of its business associates, as well as other types of forum marketing.
  2. OPENPUZZLE thus holds the licenses and exploitation rights to all articles appearing in the discussion forums operated by OPENPUZZLE. Duplication or use of the articles or their content in other electronic or printed publications without the express written consent of OPENPUZZLE is forbidden. Copying, downloading, disseminating, selling or storing such information (with the exception of caching when visiting the forum pages) without express consent is not allowed.

Section 8: Other obligations of the member

  1. The member ensures and avows
    1. that he/she holds all usage rights required for dissemination, e.g. copyright, trademark, ancillary copyright, personal rights and other rights;
    2. that - in connection with the information posted in OPENPUZZLE by him/her and when uploading, entering or downloading data to or from the OPENPUZZLE server - he/she observes statutory or official regulations, particularly those relating to general personal rights (e.g. in connection with photographs), data privacy protection law, criminal law, copyright and trademark law, other intellectual property rights, as well as regulations pertaining to competition law and employment law, and will not violate any rights of third parties;
    3. that the information he/she posts in OPENPUZZLE
      • generally does not violate German law or other laws concerning online activities and does not violate official prohibitions or similar;
      • does not include any content that is pornographic, racist, glorifies violence, harmful to minors or extremely political;
      • does not advertise drugs or other illegal stimulants or promote traffic therein.
  2. The member furthermore agrees not to disturb other members or third parties when using OPENPUZZLE. In particular, he/she must not

Section 9: Availability

  1. The member is hereby informed that the use of the Internet generally involves the risk of transmitted data being intercepted or compromised. OPENPUZZLE therefore cannot assure that data leaving the server on which the OPENPUZZLE platform is stored or data intended for this server will be properly dated and/or will remain intact and/or confidential.
  2. 100% availability of the web site generally cannot be realized by technological means. However, OPENPUZZLE does undertake all reasonable efforts to keep the web sites available as continuously as possible.
  3. Any information concerning performance and delivery times, particularly information on availability, is non-binding unless OPENPUZZLE has assured a time or a certain availability level or bandwidth in writing. Agreed delivery and performance times shall be extended by the period during which OPENPUZZLE is prevented from rendering the service due to circumstances for which OPENPUZZLE is not responsible (e.g. force majeur, labor disputes, absence/incapacitation of employees or malfunction of technical equipment), plus an appropriate start-up time. The same applies to the period during which OPENPUZZLE awaits information or participation from the member.
  4. OPENPUZZLE provides all services subject to technical availability. Any claim to full-time availability of the services provided by OPENPUZZLE is unfounded. In particular, delays, difficulties and interruptions in access can occasionally occur due to unpredictable and uncontrollable simultaneous access by users to the server of the host provider of OPENPUZZLE, due to force majeur or due to technical modifications to the systems of the host provider or the network operator and/or gateways required for proper or improved operation. Preventive maintenance work will be announced on the web site.
  5. OPENPUZZLE expressly points out that the state-of-the-art does not permit Internet applications to be developed and/or configured in such a way that they work trouble free under all conceivable conditions of use. OPENPUZZLE accepts liability only to the extent that the services provided fulfill the agreed requirements and the indispensable performance characteristics.

Section 10: Distribution of responsibility

  1. Using technological means, OPENPUZZLE cannot determine with certainty whether a registered user actually is the person he/she claims to be. OPENPUZZLE therefore cannot accept any liability for the actual identity of a member. Consequently, every member must convince himself/herself about the identity of another member.
  2. The member shall refrain from any improper use of OPENPUZZLE and will immediately inform OPENPUZZLE by sending an e-mail to info@openpuzzle.com if he/she suspects that information that is illegal or in violation of these contractual provisions is being provided. The same applies if the member becomes aware of attacks on OPENPUZZLE, particularly on the integrity of OPENPUZZLE, or other hazards due to hacking and viruses, etc.
  3. Beyond the initial collection of data during new registrations and the periodic data backups required for security purposes, OPENPUZZLE does not manipulate the membership data or check its content. The member himself/herself is therefore responsible, at his/her own cost, to check the information he/she provides in OPENPUZZLE or sends via the communication platform provided by OPENPUZZLE for correctness, completeness and up-to-date status, for the permissibility of the specific use and for possible confidentiality before he/she makes this information accessible.
  4. OPENPUZZLE is not liable and does not perform any content checks in this respect if the member uses hyperlinks to reference other members or the web sites of other providers outside OPENPUZZLE's area of responsibility.

Section 11: Release

  1. The member releases OPENPUZZLE from all claims (including claims for damage) asserted by other members, users or other third parties against OPENPUZZLE due to violation of their rights by the information posted in OPENPUZZLE by the member.
  2. The member also releases OPENPUZZLE from all claims (including claims for damage) asserted by other members or other third parties against OPENPUZZLE due to violation of their rights by the use of the services provided by OPENPUZZLE by a member.
  3. The member shall bear all necessary costs incurred by OPENPUZZLE due to a violation of the rights of third parties, including the costs for an appropriate legal defense. Further rights and claims for damages on the part of OPENPUZZLE shall remain unaffected.
  4. The aforementioned obligations are not applicable if the member is not responsible for the legal infringement in question.
  5. If the information of the member violates the rights of third parties, the member shall, at the choice of OPENPUZZLE, acquire the right to use the information at his/her own expense or shall modify the information so that it does not violate proprietary rights. If the member violates the rights of third parties by using the services provided by OPENPUZZLE, the member shall immediately cease the illegal use and/or use in violation of the contract when instructed to do so by OPENPUZZLE.

Section 12: Right to block/delete content

  1. OPENPUZZLE is authorized, at any time, to revoke an access authorization to its services by blocking the access data, without the need to state any reasons, particularly if the member
  2. OPENPUZZLE is authorized to block the information posted in OPENPUZZLE by the member, to delete it in serious cases, and to remove hyperlinks if OPENPUZZLE becomes aware of use in violation of the contract or if it learns – especially through investigations by public authorities or due to a warning from the allegedly injured party – of facts that provide sufficient grounds for suspicion that the information posted in OPENPUZZLE by the member is illegal.
  3. To the extent possible, this measure shall be limited to the content in question. The member shall be notified immediately and given the reasons. OPENPUZZLE shall immediately unblock or repost the information as soon as the suspicion has been invalidated.

Section 13: Liability

  1. OPENPUZZLE is liable for intent and gross negligence in accordance with the statutory regulations.
  2. In the case of simple negligence, OPENPUZZLE shall be liable only if an important contractual obligation is violated (i.e. an obligation that OPENPUZZLE must fulfill according to the contract and that is of decisive importance for the realization of the immanent objective of this contract or that could endanger the overall achievement of the contractual purpose in the event of its culpable violation) or in the case of delay or impossibility.
  3. In the case of liability due to simple negligence, this liability shall be limited to such damage that is predictable or typical. Liability for the lack of assured properties, due to malice, for harm to persons, defects of title, according to product liability law and the German Data Privacy Protection Law shall remain unaffected by this.
  4. Liability for damage that occurs due to defects in the telecommunications or line network is ruled out. The responsible line provider is responsible for this.
  5. If the web server is switched off for justifiable reasons, e.g. in the case of attacks by third parties from the Internet, denial-of-service attacks, flooding, computer viruses or similar phenomena, the parties shall assume applicability of force majeur and mutually agree to waive claims for damage, provided that the failure of the network connection does not last for longer than 48 hours.

Section 14: Proof clause

  1. Data that exist in the form of electronic registers or in another electronic form are regarded as reliable proof between the parties.
  2. With his/her initial registration, the member particularly notifies OPENPUZZLE about a binding e-mail account under which he/she can receive information and legally significant declarations at any time, and the member assures that he/she will check for incoming mail on a daily basis.
  3. The member accepts the access risk for electronic mail that OPENPUZZLE verifies has been properly sent to him/her.

Section 15: Changes of services, announcement-month period

  1. OPENPUZZLE provides the type and scope of its offering on the basis of the technological, legal and commercial general framework for the use of the Internet platform. If this general framework should change and if OPENPUZZLE experiences significant difficulty in providing the contractual services as a result, OPENPUZZLE may change the offered services or may permanently cancel them with a period of notice of one (1) month. It may also continue to offer previously free services for a fee.
  2. OPENPUZZLE is authorized to change the URL of the platform, and it will inform the members about this on its web site and by e-mail with one (1) month's notice.
  3. OPENPUZZLE particularly reserves the right, if just and reasonable for the user, to change the offered services, to offer different services or to charge a fee for previously free services with one (1) month's notice, which must also extend to the future end price of the respective services and their components.
  4. OPENPUZZLE also has the right to adjust the fees and contents of its paid services to suit changed circumstances (e.g. higher personnel costs and cost of material or higher costs that OPENPUZZLE must pay to third parties to provide its services, or changed technological circumstances, etc.). OPENPUZZLE shall also inform members about this as defined above with one (1) month's notice.

Section 16: Termination of the contract

  1. The free membership may be terminated as follows at any time, without the need to state reasons:
    1. By mail to OPENPUZZLE: The member clicks on the symbol for "additional settings” and then on "delete my account” in his/her account.
    2. The member can also use the termination form provided at OPENPUZZLE to terminate his/her account.
  2. Termination by OPENPUZZLE will take place in writing or by means of a simple e-mail to the member's e-mail address provided as part of the membership data.
  3. In the form of Section 16, Item 1 (termination by the member) and Item 2 (termination by OPENPUZZLE), either party can terminate a paid membership, without the need to state reasons, within fourteen (14) days of expiration of the minimum usage period booked during the registration period, or afterward upon expiration of an extension period. After termination of the paid membership by the member, the free membership will remain in effect until it ends.
  4. The right of both parties to terminate the contract for an important reason shall remain unaffected. For OPENPUZZLE, an important reason exists in particular if, considering all circumstances of the individual case and weighing the interests of OPENPUZZLE and the member, it is not reasonable to continue the contractual relationship until the end of the termination period. The following events in particular constitute important reasons:
    1. violation of legal provisions by the member;
    2. violation of his/her contractual obligations by the user;
    3. harm to or endangerment of OPENPUZZLE's reputation by the presence of the member, for example if, after registration of the member, it becomes known that the member has been convicted of an intentionally committed offence and that other members are aware of this conviction;
    4. advocacy of the member for groups/associations or their methods or activities that are under observation by security or child-welfare authorities;
    5. harm to other members.
  5. If an important reason as defined above exists, OPENPUZZLE may also exercise its right of blockage or deletion as set out in Section 11, irrespective of a termination.
  6. If OPENPUZZLE is entitled to terminate the contract for an important reason or to block or delete content, the right of the user to claim reimbursement for advance payments shall be ruled out.

Section 17: Severability clause, jurisdiction, applicable law

  1. Supplementary agreements, additions or changes are valid only if they are made in writing. Any referenced annexes form key parts of the contract.
  2. The place of performance is Stuttgart. With the exception of the United Nations Convention on Contracts for the International Sale of Goods, exclusively German law shall apply. Whenever legally permissible, the place of jurisdiction for all disputes arising from this contract is agreed to be Lossburg, Germany.
  3. If individual provisions of this contract are or should become invalid in whole or in part or if there is a gap in this contract, this shall not affect the remaining provisions of this contract. It is hereby agreed that the effective provision that most closely approximates the purpose of the invalid provision shall be valid instead of the invalid provision. In the case of a gap, that provision which would have been agreed according to the economic intent of this contract if the contractual partners had thought about the situation in advance shall be agreed.
  4. In the event that the member uses his/her own General Terms and Conditions that deviate in content from the contractual terms of OPENPUZZLE, the terms and conditions of OPENPUZZLE shall be exclusively applicable.
  5. In each case, the valid version of the contractual terms at the time when the contract is concluded is applicable.
  6. The version used here is valid as at May 2007.

 

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