Ekwus - Die Community für Pferdefreunde

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  General Terms and Conditions  
General Terms and Conditions for the use of
Ekwus –The community for horse lovers!

These are the General Terms and Conditions (hereinafter referred to as: "GTC") for the use of the website

and for all sub-domains belonging to this domain (hereinafter referred to as: "Ekwus-Website“).

The contracting partner of all Ekwus users is

Community Labs GbR
Represented by Mr. Boris Aljancic
Werderstraße 23
D-69120 Heidelberg
Internet: www.ekwus.de
E-mail: kontakt@ekwus.de

The contracting partner will be referred to hereinafter as "Ekwus“ .
The GTC shall also apply if you are using the Ekwus website or portions thereof from other websites that allow access to the Ekwus website, either fully or partially.

If you are a consumer as defined by the statutory provisions, you may withdraw your consent to these GTC and the resulting usage agreement in writing within one month of having provided your consent.
In order to do this, write to the address above or send an e-mail to Member Services.

To comply with the notice period, it suffices if you send your revocation in due time. If the revocation is declared in due time, you shall be bound neither to the usage agreement nor to your declaration of consent to these GTC. This right of revocation expires, however, as soon as you have registered as a member.

General provisions

§ 1 Description of services

The Ekwus website is an Internet platform where individuals and legal entities as well as partnerships that have registered as members (hereinafter referred to as "Members") may exchange information, among other things, on the subject of horses, horse riding and equestrian sports, provided it does not violate the law or these GTC.
The Ekwus website offers members the technical means to use the Ekwus website in the context of the scope provided by Ekwus and to publish their own content.
Content published by members on the Ekwus website is principally not reviewed by Ekwus and does not represent the views of Ekwus.
Ekwus only carries out a very limited verification of the data provided at the time of registration because the identification of persons on the Internet is only possible to a limited extent. Hence, in spite of various safety measures, it cannot be ruled out that information that has been provided for a member's account is actually false.
Any member offers and contents published on the Ekwus website are principally not reviewed by Ekwus in terms of legality, correctness and completeness.

§ 2 Registration and member account

The use of the Ekwus website requires registration as a member (private member / Ekwus partner / Ekwus premium partner). Registration is free of charge. It is achieved by opening a member account on condition of agreement with these General Terms and Conditions. Registration results in a contractual agreement between Ekwus and the member about the use of the Ekwus website (hereinafter referred to as : "Service Contract"). There is no entitlement to the conclusion of such Service Contract.
The registration as a private member is only allowed to natural persons (individuals) who are at least 14 years of age. With their registration, underage individuals confirm that they are acting with the consent of their legal guardians.
The registration as an Ekwus partner or Ekwus premium partner is permissible only for legal entities, partnerships and natural persons with unrestricted legal capacity.
The registration on behalf of legal entities may be carried out only by natural persons with unrestricted legal capacity who must be mentioned by name. At the time of registration, the member account holders may be named as individuals only (i.e. no married couples, families, flat-sharing communities, etc.).
The information provided and required at the time of registration as an Ekwus partner and Ekwus premium partner must be furnished in a complete and correct manner, e.g., first name and surname, the current address (no post office box), a valid e-mail address as well as, if applicable, the name of the company, its authorized representative as well as the tax no. and the VAT ID.
 If the details provided change after registration, the member is obliged to inform Ekwus immediately about any such changes.
Members are obliged to keep their password secret and to carefully guard access to their member account. Members are obliged to inform Ekwus immediately if there are any indications of a member account having been abused by a third party.
Ekwus shall never disclose the password of a member to any third parties nor ask a member for his or her or its password by e-mail or phone.
Members are principally liable for any and all activities which are carried out under the use of their member account. The member is not liable if he/she/it has not violated his/her/its obligation to exercise due diligence and, in that case, is not responsible for the misuse of his/her/its member account.
The abuse of member accounts is prohibited. A member account is not transferable.

§ 3 Subject and scope of the Service Contract

Ekwus shall make available to its members the Ekwus website with the functions outlined in § 1. Ekwus can attach certain conditions to the use of the Ekwus website or to the use of individual functions of the Ekwus website or to the extent to which individual functions and services may be used, as for example verification of the registration information, membership period or proof of payment.
The entitlement of members to use of the Ekwus website and its functions only includes the scope of the current state of technology. Ekwus shall limit its services temporarily at times when this is necessary on account of capacity limits, for the security or integrity of the servers or for carrying out technical measures, and if this serves the proper or improved provision of services (maintenance work).Ekwus shall take the legitimate interests of its members into consideration in these cases, e.g. by advance information.

§ 4  Penalties, suspension and termination

Ekwus may undertake the following measures where there is clear evidence that the member concerned violates statutory regulations, infringes upon the rights of third parties or violates the Ekwus GTC or when Ekwus has another legitimate interest in doing so, especially for the protection of its members from fraudulent activity:

  • Deletion of content;
  • Warning of members;
  • Limitation or restriction of the use of the Ekwus website;
  • Temporary suspension;
  • Permanent suspension.

When selecting such a measure, Ekwus shall consider the legitimate interests of the member concerned, especially whether there may be evidence that the member concerned is not to be held responsible for the violation.
Ekwus may permanently suspend a member from using the Ekwus-Website (permanent suspension), if

  • false contact information has been provided, in particular a false or invalid e-mail address;
  • a member has transferred his/her/its member account;
  • a member does damage to other Ekwus members or Ekwus to a considerable extent, in particular if it/he/she abuses the services provided by Ekwus or fails to meet his/her/its payment obligations;
  • there are other solid grounds.

Once a member has been permanently suspended, there is no entitlement to restoration of the suspended member account.
Once a member has been suspended, this member is banned from re-registration.
Private members and Ekwus partners may terminate this Agreement at any time without observing any period of notice and without providing any reasons for their decision. For such cancellation, a notice in writing to the contracting partner is sufficient, or an e-mail to Member Services or use of the cancellation function in the member profile administration section. All data provided by private members, including photographs and video content, shall thereupon  be deleted immediately and permanently. Any text contributions shall from then on become permanently anonymous.
Ekwus premium partners may terminate this Service Contract at any time with a period of notice of fourteen days before the expiration of the contract. A written communication to the contracting partner is required for the notice of termination. Any photographs and video content provided by Ekwus premium partners shall be deleted immediately. Any text contributions provided by Ekwus premium partners shall from then on become permanently anonymous immediately. The data provided by Ekwus premium partners shall be deleted upon the expiry of the legally required period of retention.
Ekwus may terminate the service contract at any time for the end of the running month, with a period of notice of fourteen days. The right to suspension shall not be affected by this.

§ 5  Circulation, Fees

In as far as Ekwus offers a service free of charge, this does not include those costs which are incurred by the member as a result of general access to the Ekwus website or registration on the website (e.g. postage, telecommunications charges and Internet connection costs).
Registration as a member with Ekwus is free of charge. There are three types of member accounts:

  • private members
  • Ekwus partner
  • Ekwus premium partner

The use of the Ekwus website is free of charge to private members and Ekwus partners. In return, the members agree with the insertion of advertising content on the Ekwus website and the sending of messages - in particular advertising content - by Ekwus and Ekwus premium partners to their Ekwus mailbox.
The respective applicable fees for the use of the Ekwus website for Ekwus premium partners arise from the current scale of fees. The fees are due immediately and can be paid via the payment methods offered by Ekwus, in particular bank transfer. The Ekwus premium partnership is entered into for one month and is extended by one month respectively if not terminated on time, cf. § 4 of the General Terms and Conditions.
Ekwus shall send invoices to the Ekwus premium partners by mail, to the respective address provided. Ekwus premium partners shall be in default of payment after an expiry of a 30 day period following communication of the invoice amount even without any further reminder being sent or communicated.
Ekwus premium partners may offset fees only against outstanding receivables that are undisputed or have been declared legally effective. Members are forbidden from attempting to bypass the fee structure of Ekwus.
Ekwus reserves the right to invoice a handling fee for the deletion of contents or for the suspension of members on account of violation of the General Terms and Conditions, as far as the member is responsible for the violation, unless the member is able to furnish evidence that damage has not occurred at all or is considerably lower. Furthermore, Ekwus may charge a fee for reinstating a suspended member account. The handling fee amount can be found in the current fee scale.
Ekwus may change its fees at any time. The members will be informed on the Ekwus website, in due time, of any such price changes before the introduction of such changes.

§ 6  Prohibited content

It is forbidden to publish content violating or infringing prescriptions by law, directives by authorities or morality on the Ekwus website. In individual cases, Ekwus reserves the right to be stricter than the legal provisions would require.

§ 7 General principles

Members are obliged to obey the applicable laws when using the Ekwus website as well as when using other services provided by Ekwus. It is the responsibility of each member to ensure that the contents published by him/her/it are legal and do not violate the rights of third parties.
Members are responsible for archiving content available on the Ekwus website and stored by Ekwus, which they need for the purposes of furnishing evidence, accountancy purposes etc., on a storage medium that is independent of Ekwus.
Members must not use addresses, contact data and e-mail addresses which they have obtained through the use of the Ekwus website for any other purposes than for contractual and pre-contractual communication. In particular, it is forbidden to resell these data or to use them for sending advertising content unless the respective member has explicitly agreed to this in advance.

Final provisions

§ 8 Exercise of rights by third parties, Transfer of contract

Ekwus is entitled, following a four week notice period, to assign its rights and obligations from this contractual relationship, either in whole or in part, to a third party or to third parties. In this case, the member is entitled to discontinue the Service Contract by sending an e-mail to Member Service.

§  9 Indemnity Clause

The member shall indemnify Ekwus with respect to any and all claims that other members or other third parties may have against Ekwus for violation of their rights based on content uploaded by the member onto the Ekwus website or because of the member's other use of the Ekwus website. The member agrees to cover the costs of any legal defence of Ekwus that may be necessary including all attorneys' and court's fees at the legal rate. This does not apply if the violation of the law is not the responsibility of the member. Regarding any claim of third parties, the member is obliged to make available to Ekwus any and information - immediately, truthfully and completely - as is required for the legal examination of such potential third-party claim and for the defence.

§  10 System integrity and interruption of the Ekwus website

Members must not use any mechanisms, software or other scripts in connection with the use of the Ekwus website which can interrupt the functioning of the Ekwus website.
Members must not undertake any measures which could result in an unreasonable or excessive load on the Ekwus infrastructure.
Members must not block any contents generated by Ekwus, overwrite or modify it or intervene in other interruptive manner with the Ekwus website.
The contents stored on the Ekwus website may not be used without prior consent of the right holders, neither may they be copied or published, nor be used in other manner nor may they be duplicated. This also applies for copying in the sense of "Robot/Crawler" - search engine technologies or other automatic mechanisms.

§  11 Limitations on liability

Ekwus shall be liable to entrepreneurs, except in the case of infringement of material contractual obligations, only if and as far as Ekwus, its legal representatives, executive employees or other vicarious agents are responsible for wilfulness or gross negligence. In the case of infringement of material contractual obligations, Ekwus shall be liable for any culpable conduct by its legal representatives, executive employees or other vicarious agents.
Ekwus is liable to consumers only for wilfulness and gross negligence. In the case of infringement of material contractual obligations, debtor's delay or impossibility of performance for which Ekwus is at fault,  Ekwus shall be liable, however, for any culpable conduct by its legal representatives, executive employees or other vicarious agents.
Except for wilfulness and gross negligence by its legal representatives, executive employees or other vicarious agents of Ekwus, liability shall be limited to the foreseeable damage normally resulting from such negligence upon conclusion of an agreement.
A liability for the compensation of indirect damages, especially lost revenues, exists only in the event of wilfulness and gross negligence by Ekwus' legal representatives, executive employees or other vicarious agents.
The aforenamed exclusions of liability and limitations towards entrepreneurs or consumers are not valid in the case of the assumption of explicit guarantees by Ekwus and for damages arising from injury to life, body or health as well as in the case of compelling legal regulations.

§  12 Written form, applicable law and place of jurisdiction

Any and all communication which is transmitted within the scope of the Service Contract to be entered into with Ekwus must occur in written form or by e-mail.
The postal address as well as the e-mail address of a member is those which were provided as current contact data in the member account by the member.
For all members, the Service Contract  including these General Terms and Conditions, shall be subject to the substantive law of the Federal Republic of Germany with exception of the United Nations agreement concerning international sales of moveable goods.
For members that are entrepreneurs under the German Civil Code, merchants as defined by the commercial code of the Federal Republic of Germany, or a federal special fund under public law or a legal entity under public law, Heidelberg shall be the exclusive place of jurisdiction for any disputes arising  from the Service Contract and these General Terms and Conditions.
For members who are consumers, the place of jurisdiction shall be the respective domicile of the member. For any disputes arising from the Service Contract and these General Terms and Conditions Heidelberg shall be an additional place of jurisdiction for consumers.

§  13 Change to these GTC, Salvatory Clause

Ekwus reserves the right to amend these General Terms and Conditions at any time and without naming reasons. The amended conditions shall be sent out to the members by e-mail at the latest two weeks before their coming into effect. If a member does not object to the validity of the new Terms and Conditions within two weeks after receipt of the e-mail, the amended General Terms and Conditions shall be deemed as having been agreed upon. Ekwus, in the e-mail which contains information on the amended conditions, shall separately point out to the members the two-week deadline concerning the aforenamed objection.
Should any provision of these GTC be invalid, the remaining provisions shall remain in force. In such case, the invalid provision shall be deemed to be replaced by a provision that effectively comes economically closest to the meaning and purposes of the invalid provision. The same shall apply to any potential loopholes.

Date: 31 August 2010

This is just a translation of the original and binding document. Click here for the original and binding document.

In case of discrepancies between both versions of this contract, the german version shall prevail. In case of dispute, the German version of this contract shall be binding. German law shall apply to this contract.

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