Terms of Use
§ 1 Formation of the contract, Amendments to the Terms of Use
1.1 The following Terms govern the contractual relationship between the provider of the Internet community coolpoolspots.com, Patrick Baumann, Fuldastr. 35, 12045 Berlin, Germany (the provider) and the user.
1.2 By completing the registration process for the Internet community the user is making an offer to sign a user contract on the basis of these Terms. The launch of the user account by the provider of this offer assumes the completion of a usage contract.
1.3 Opposing or deviating conditions from these terms of the user will be, if in doubt, confirmed only by an explicit written confirmation by the manufacturer.
1.4 The provider has the right to modify these conditions during the current membership. The provider will provide the user with the changed conditions in writing and indicate the new regulations especially. At the same time the provider will give a reasonable deadline to the user for the declaration if he accepted the revised Terms of Use for the continued use of the services. If the user doesn't react within this period, then the amended terms are agreed. The provider shall inform the user at the beginning of time specifically to this legal consequence. If the user objetcs to these conditions, the supplier is entitled to terminate the license agreement at the time of entry into force of the Service in relation to other users.
§ 2 Purpose of use contract
2.1 The subject of License Agreement is to provide a globally accessible Internet community by the provider. The Internet community is dedicated to the following topic: A worldwide directory of places where you can play billiards. Users of the community enter their favorite sites and evaluate and comment on other places.
2.2 The Internet community provides the user use the following options:
- Formation of an own personal profile, which is accessible to other registered users, but not the general public of Internet users.
- Upload their own content and content using the user account.
- Posting messages in user forums about the topics therein.
- Posting places where you can play billiards.
- Posting messages and comments on places where you can play billiards.
2.3 The visual and functional qualities of the specific contractual uses, the expansion of uses with additional features, or to supplement with paid features are at the discretion of the provider. The provider may, while keeping the contractual use of opportunities right at any time, modify the concrete design.
2.4 The Internet community is available 99% in average. Inevitable, unforeseeable and exceptional events, which can lead to the unavailability of the Internet community, such as Power failures, hacking, interference, failure of telecommunication lines from the transfer point to the Internet will not be counted against the availability of minimum.
§ 3 registration, user account, use of passwords
3.1 For the use of the Internet community only natural persons can register who are at least 16 years old.
3.2 The user is required to make, pursuant to the provisions of the registration form, accurate and complete information about his person and to keep its information up to date.
3.3 The user is obliged to keep his password to be stored securely and make it inaccessible to third parties. If the password gets known to third parties, then the user shall immediately notify the provider by e-mail or in writing so that the old password is locked and a new password will be assigned. The user is not allowed to give his user account to third parties. The user acknowledges that he is fully responsible for the acts of a third party to which he provides his users' account.
§ 4 General Obligations of the user
4.1 The user may use the supplied uses only within the contractually agreed purposes. Any excess over this purposes is forbidden to the user, this particularly includes the following actions:
- systematic reading of the contact details of other users for the purpose of disclosure to third parties;
- undue harassment of other users through aggressive, obscene, abusive, libelous, or intrusive forum posts or news;
- undue harassment of other users through the mass sending of unsolicited advertising;
- extensive or permanent use of the Internet community for the publication and distribution of content that correspond to no objective purpose or theme of the Internet community and that may affect the attractiveness of the Internet community with others;
- any actions that will lead to excessive system loads or system disturbances;
- the use of fake identities for registration, posting of contributions or the sending of messages.
4.2 Each of the above-mentioned obligations entitles the provider to immediate termination of License Agreement and disabling user accounts. In addition, the provider is entitled to refuse registration of a new account for that user for the duration of one year from the date of termination.
4.3 statements and comments in news, forums and blog entries will follow the rules of a polite and respectful dealing with each other. Constructive criticisms and opinions should be expressed.
§ 5 Duties of the user on preset contents
5.1 The user shall ensure that he did not injure third party rights (eg copyright infringement, privacy violations, antitrust violations) by posting content (texts, images, photos, videos, names, brands and the like.)
5.2 The User shall indemnify the vendor against all claims of third parties against the provider in relation to an infringement committed by him. The user accepts all necessary costs of legal defense.
5.3 The provider has the right to delete content posted by users on, if they infringe the rights of third parties or third parties make any infringement claims whose validity is not clearly ruled out.
5.4 If the provider receives knowledge from a possible violation by the contents of the user's, he will forthwith notify the user in text message.
§ 6 Termination and deletion of user accounts
6.1 The User is entitled to terminate the contract with the provider at any time without giving reasons and without any time limit. The termination must be in written form or by implication can be explained by deactivation of user accounts. In the event of termination the user profile is deleted, while his articles and content published in forums or blogs remain without linking to his profile.
6.2 The Provider is entitled to terminate the contract with a period of one month to the end of the previous month.
6.3 The provider is entitled not only to the time-bound termination, but to terminate the contract without notice if there is an important reason. An important reason exists in particular if the User
- sustained and serious breaches of his contractual obligations (breach cf. § 4)
- in the use of the Internet community at fault and seriously breaches legislation.
In these cases, the provider is allowed to delete the user account and refuse to create a new account for that user for the duration of one year after receipt of the termination.
6.4 The provider will exercise his right to proper notice and to delete the user account used when the user at least one year has not logged in, and did not respond to an alarm message.
§ 7 Liability
7.1 The provider shall be liable in cases of intent or gross negligence in accordance with statutory provisions. The liability for guarantees is independent from fault. For slight negligence, the provider shall be liable only under the rules of product liability law, for loss of life, limb or health, or the violation of essential contractual obligations. The claim for compensation for the slightly negligent violation of essential contractual obligations is limited to typical, foreseeable damage if there is no liability for injury to life, limb or health. For the negligence of agents and representatives the provider shall be liable to the same extent.
7.2 The provisions of § 7.1 above cover compensation in addition to performance, compensation in lieu of performance and compensation claim for wasted expenditure, based on whatever legal grounds, including liability for defects, delay or impossibility.
§ 8 Final Provisions
8.1 It is only the law of the Federal Republic of Germany to the exclusion of private international law and the CISG. Except for claims in the field of intellectual property rights and copyright.
8.2 The invalidity of any provision of these Terms of Use leaves the effectiveness of the remainder unaffected.
8.3 For the determination of jurisdiction shall: When the user has no general jurisdiction in the Federal Republic of Germany, so jurisdiction is the seat of the provider. The provider can sue the user at his general jurisdiction.
