UVEX

Terms and Conditions for 100ciclisti.com


Preamble

"100ciclisti" refers to the contractual services and digital (virtual) products offered by platify GmbH or to the company platify GmbH itself.

The term ‘user’ refers to the natural person or legal body that makes use of the services and/ or products offered by platify GmbH on www.100ciclisti.com.

These terms and conditions intend to regulate the contractual relationship between platify GmbH and their users. For using the 100ciclisti Online Shop, please refer to the 100ciclisti online shop terms and conditions.

By registering as a user at 100ciclisti, the user accepts the following terms and conditions. The user concludes a contract with platify GmbH Heiliggrabstrasse 72, D-96052 Bamberg. For further contact details, trade register information as well as the names of the authorized representatives of platify GmbH please refer to the legal notice in the footer of the homepage.

The products and/or services offered by 100ciclisti are intended for adult users only.

The user can read, print and download theses terms and conditions any time by clicking on the link "Terms & Conditions" on the 100ciclisti website.

1.Subject of the contract

1.1

100ciclisti offers two different kinds of products/services: services that are free of charge and services that are subject to fees.

Free 100ciclisti services include: Using the contact platform (community) for professional or recreational bikers and related functions such as creating a user profile, writing articles and comments, evaluating user comments, exchanging information with other users, uploading pictures and inviting other users to visit their profile.

In addition to that, 100ciclisti offers further digital (virtual) services/products to registered users which are subject to fees. These special services include: sending mobile text messages to other users, downloading applications and several other subscription services.

1.2

Details regarding product costs and service fees can be found on the 100ciclisti website. All fees stated on the 100ciclisti website are binding. The fees (including relevant taxes) are due once the invoice has been issued. The payable fee is the amount specified on the website at the time the user first uses the services or places his/her order.

The users can pay the product/service fees via PayPal, an on-line payment service offered by the company PayPal. For details regarding fee payment please refer to point 4 of these terms and conditions.

1.3

Every use and/or further distribution of those services and website contents that have not specifically been offered for these purposes require prior written approval by platify GmbH.

1.4

100ciclisti will not publish any data and/or information that violates the law or any other contractual agreement such as these terms and conditions. 100ciclisti is entitled to delete any entry or user generated content that violates the law – 100ciclisti can do so anytime and without any authorization.

1.5

The user acknowledges the fact that no website can guarantee 100% - i.e. permanent – availability as this is not possible from a technical point of view. 100ciclisti will do their very best to ensure that the website is available as constantly as possible. It might occur however that the site is temporarily unavailable or its services have to be shut down for a certain period of time – particularly due to website maintenance procedures, security and capacity issues or events which cannot actively be influenced by platify GmbH (such as failures in communications systems, strikes, power outages etc.)

1.6

100ciclisti provides a contact platform where users have the chance to get in contact with each other and therefore provides those technical applications that the users require to establish contact to one another. 100ciclisti, however, is not involved in user communication. If users decide to conclude contracts with other users, 100ciclisti is not involved in these contracts, does not enter these contracts at any time and thus does not become party of these contracts. The users themselves are responsible for execution and fulfillment of the contract. 100ciclisti cannot be held liable if no contact is established between the users via the 100ciclisti website with regard to such a contract. Neither can 100ciclisti be held liable for violations to contract obligations or breaches of contract if the relevant contract has been concluded between users. 100ciclisti explicitly denies any contractual or liabilities concerning these contracts.

2 Registration, terms of use; Contractual agreement for paid products and / or services.

2.1

The user must register prior to accessing the services provided by the 100ciclisti web site.

2.2

The user ensures that all data submitted as part of the registration, especially the given e-mail address was submitted truthfully and correct. The user is bound to notify 100ciclisti of any changes to his user data without delay.

2.3

The user ensures that he was of legal age at the time of registration, or in the case of a legal entity is represented by a person of legal age.

2.4

As part of the registration the user has to specify a password. The user is obligated to keep this password secret to himself. 100ciclisti will not reveal this password to third parties and will at no point contact the user to ask for his password.

2.5

By completing the registration process the user is offering to agree to the contract for accessing the services (terms of use contract) of the 100ciclisti web site. 100ciclisti accepts the users offer by activating the users account. The users account is activated when the user clicks the so called activation link which is contained in the users registration confirmation e-mail. Through the account activation the contract becomes legally binding.

2.6

Every user may only register a single time and may only create one profile.

2.7

100ciclisti is technically not able to determine the identity of the person a user is portraying on the 100ciclisti web site. 100ciclisti gives absolutely no guarantee as to the actual identity of a user. Every user has to assure himself of another users actual identity.

2.8

A registered user may further order paid (digital) products and services from the 100ciclisti web site (e.g. Mobile Text Messages, downloads of various applications, usage of various applications). These paid products / services are available for order individually or as part of a subscription.

To be eligible to order these paid products/services the user must be registered (see section 2.1 - 2.7). Through clicking the "Purchase" button the users places a binding offer to purchase the selected products/services to the current price. After the user has placed his order he is sent an order confirmation email from 100ciclisti to the email address the user specified. The confirmation email lists all relevant details to the products and services the user intends to order. The confirmation email is not an acceptance to provide the listed products and services, it merely serves to inform the user that his order has been received. The acceptance to provide the products and services contained on the order and the associated contract of purchase by 100ciclisti becomes legal binding only after either the products / services are shipped , electronically made available to or are made available for download by the user.

3. Consumer rights for early termination of contract.

In so far as a user registered with 100ciclisti for reasons that do not serve a commercial interest or a purpose that can be attributed to a users commercial activities the user is given the following consumer rights (intended as written in § 13 German Civil Code [BGB]):

3.1 Right for early termination of contract.

The user has the right to terminate a contract executed either at the time of registration and/or executed as part of a service / product purchase without reason within 2 weeks (termination period). The intention to terminate a contract is only accepted and valid in written form (e.g. E-Mail, Fax or Letter). The termination period commences no earlier than the receipt of this document. For a timely termination the time the intend to terminate was sent is considered. The intend to terminate is to be directed to: 100ciclisti GmbH, Heiliggrabstrasse 72, D-96052 Bamberg (Fax-Nr.: +49 941 307 970 70, E-Mail: staff100ciclisti.com).

The users rights for cancellation from section 7 remain untouched from a users right for early termination of contract a defined by section 3.

3.2 Waiving the right for the early termination of contract.

According to § 312 d Abs. 3 BGB (German Civil Code [BGB]) the user waives the right for the early termination of contract within a 2 week period if any one of the following applies. 100ciclisti has begun providing the products/services to the user, the user has explicitly agreed to use the products/services or if the user himself has invoked the provisioning of the products/services he has registered for or ordered (e.g. by downloading, or making actual use of the products/services provided by 100ciclisti).

3.3 Consequences for the early termination of the contract.

In the case of a valid early termination of contract both parties are obliged to return the considerations defined as part of the contract according to the law. If the user is unable to fully or partially return or returns the services/products to 100ciclisti in a worse state he is obligated to reimburse 100ciclisti. The obligation to refund payments must be exercised within 30 Days. The refund period begins for the users from the time his intend to terminate was sent, for 100ciclisti the time the intend to terminate is received.

4. Payment Processing

4.1

Prepayment by depositing funds into our bank account.

4.2

Payment by debit from the users bank account or charging to the users credit card.

4.3

Payments via Paypal. Payment processing may be handled in cooperation with PayPal (Europe) S.à r.l. & Cie, S.C.A., 5th Floor, 22-24 Boulevard Royal, L-2449 Luxembourg further referred to simply as PayPal. The user may be redirected to the PayPal website as part of the purchase flow. By transferring the payment through PayPal the user is advancing his payment in relation to 100ciclisti.

The user has to register and accept the PayPal terms and conditions to make payments with the PayPal service. The PayPal terms and conditions can found on the PayPal website (www.paypal.com).

Paypal may transfer any information required for debt collection to 100ciclisti if a users payments can not be collected or only partially collected from the payment service.

5. User Obligations

5.1

The user is obliged to,

  • (a) Refrain from posting misleading or dishonest information to his profile or in communication with other user. The use of a pseudonym or artistic name is permitted as an exception to this rule.
  • (b) Only upload photos to 100ciclisti to which the user has the full and exclusive rights to make them available to the public without any restrictions what so ever. Photos uploaded to the user profile must clearly identify the users person. The uploading of photos that represent other people, fictional characters or beings (animals, fantasy creatures etc.) is not permitted.
  • (c) Ensure that any uploaded photos are free from all forms of copyright and other legal restrictions. The upload photos must not violate local state laws, be deemed offensive or violate another persons rights
5.2

In using the services and information provided by 100ciclisti the user is obliged to obey all applicable laws and regulations and to respect the rights of third parties.

Accordingly the following is explicitly forbidden,

  • (a) To make available or post offensive, defamatory, slanderous content regardless if these contents are directed at other users, 100ciclisti employees and contractors,other persons or businesses.
  • (b) To make available or post content that is pornographic or violates child protection and safety laws. To make available content that sells, advertises or promotes content that is pornographic or violates child protection and safety laws.
  • (c) To make available or post content or images that are deemed to: depict violence, are discriminatory, slanderous, racist or illegal.
  • (d) To harass other users by posting unsolicited email (spam) or mass posting of content considered to be spam. (vgl. § 7 UWG, Law against unfair trade practices).
  • (e) To make available or post content or images that are legally protected (e.g. through trademarks, patents, copyright, utility models, design laws) without having the right to do so. It also not permitted to advertise, sell or offer legally protected content and images.
  • (f) To act out or promote unfair trade practices including progressive customer acquisition (chain letters, snow ball schemes or pyramid schemes).
5.3

The user is forbidden to act in any way that is a nuisance, even if these acts do not violate any specific laws or regulations including the following:

  • (a) The distribution of chain letters,
  • (b) The implementation, application or promotion of multi-level-marketing or multi-level-network-marketing.
  • (c) To communicate in a suggestive or sexual manner be it explicit or implicit.
5.4

The user if forbidden the following acts:

  • (a) The use of any mechanism, software or script in conjunction with any use of the 100ciclisti website which is not explicitly permitted as part of the products and services provided by 100ciclisti.
  • (b) Blocking, overwriting, modifying, copying as far as this is not required for a proper use of the products and services provided by 100ciclisti. The copying of content with so called "Robots/Crawlers" search engine technologies is not required for a proper user of 100ciclisti and is explicitly forbidden.
  • (c) The aggregation, archiving, processing, publishing or making publicly available of data, content or other information from the 100ciclisti website or from other users.
  • (d) Any act that places excessive strain on or negatively impacts the functionality of the 100ciclisti infrastructure.

6. Changes to the products and services provided by the 100ciclisti website.

100ciclisti reserves the right to make changes to or provide alternatives to the provided products and services as far as the changes and alternatives are deemed as being reasonable towards the user.

7. Termination of Contract, Refunds, Running-Time of subscription based products and services.

7.1

The user can terminate the use of Bikemoment at any time without reason. The termination of use can be requested by contacting customer support. As part of the termination the user must supply his 100ciclisti username and the e-mail address associated with his 100ciclisti account.

7.2

100ciclisti can terminate the users usage without giving reason by giving notice within 14 working days before the end of the month. The termination notice can be sent by e-mail, telephone or fax. The right for immediate extraordinary termination of use by 100ciclisti for important reasons remains untouched.

7.3

An important reason for an immediate extraordinary termination of use by 100ciclisti is given when the continued use of 100ciclisti up to the end of the lawfully given cancellation period, under consideration of individual circumstance and consideration of 100ciclisti and the users interest is deemed unreasonable.

Important reason for an immediate extraordinary termination are particularly the following:

  • (a) Violation of local laws and regulations by the user.
  • (b) Violation of a users contract obligations. Particularly section 2 and 4 of these terms.
  • (c) The public image of the 100ciclisti website and the offered products and services are tarnished or negatively affected by the users presence. (e.g. If a user is convicted of criminal offenses after registration and other users have knowledge of the conviction.)
  • (d) The user advertises for or calls for forming associations or communities, or their activities and methods which are being watched by local agencies or parental authorities.
  • (e) The user causes material or immaterial damages to another user.
  • (f) The user is a member of a sect, cult, or any other faith community deemed controversial in Germany or any other country.
7.4

In case of an important reason as defined in section 7.3 100ciclisti is permitted to, independently from a termination as specified in section 7.3 sanction the user by:

  • (a) Deleting any content the user has made available.
  • (b) Send out a cease and desist warning.
  • (c) Temporarily or permanently block the users access to the products and services provided by Bikemoment.
7.5

The following circumstances exclude the user from receiving a refund for prepaid charges:

  • (a) 100ciclisti terminates the contract for important reasons as specified in section 7.3
  • (b) 100ciclisti blocks the user according to section 7.4
  • (c) The user terminates his contract. The users entitlement for a refund for prepaid charges (especially in the case of subscriptions) remains untouched if the user terminates the contract for important reasons for which 100ciclisti is directly responsible.
7.6

Unless a fixed term has been defined for a paid subscription or service, the term of a contract is based on the billing cycle that the user was informed of as part of his order. Unless defined otherwise a subscription is automatically renewed at the end of billing cycle for another 3 month billing cycle. The subscription remains effective until the user cancels his contract at the end of the contracts terms. Refer to section 7.1 paragraph 2 and 3. Section 7.2 paragraph 2 and 3 and sections 7.3 and 7.5 remain untouched.

8. Liability and Responsibility for a users content, data and or information.

8.1

100ciclisti is in no way responsible for and does not endorse any user generated comments, user content, user data and or information including any linked to content. 100ciclisti does not guarantee that any provided content is truthful or is fit for any purpose, or serve a particular purpose.

8.2

Any detected use of the 100ciclisti website that is a violation of contract or local laws and regulations can be reported by the user through the contacts page.

9. Customer Care / Support

Any customer questions related to a customers contract, subscription or the services provided by 100ciclisti can be asked by contacting 100ciclisti via the contacts page, fax or written letter.

10. 100ciclisti Liability for Damages

10.1

100ciclisti liability for infringements of contractual obligations and in tort is limited to willful intent and gross negligence. This is not applicable to injury to life, limb or health, claims due to the breach of cardinal obligations or compensation for damages due to delay (section 286 of the German Civil Code [BGB]). In this respect, 100ciclisti is liable for every degree of fault. Cardinal obligations are those fundamental rights and obligations that result from the nature of the contract and whose damnification would endanger the purpose of the contract and on whose adherence the contractual parties may regularly rely. Liability for cardinal obligations is limited to regularly foreseeable damages.

10.2

In so far as liability for damages as set out in 10.1 is excluded or limited towards the user, it is also applicable to personal liability for damages compensation for employees, staff, representatives, and agents of 100ciclisti.

10.3

The use of both the free and paid products and or services provided by 100ciclisti often requires the use of certain technical systems, such as terminals, software programs, transmissions, telecommunications and other services from third parties through which the user may incur additional costs in particular for call charges. These additional costs are to be paid separately by the user. 100ciclisti does not make available such terminals, software programs, transmissions, telecommunications and other services and cannot therefore take any responsibility or be held liable or give any warranty on behalf of these services as supplied by any third party companies or suppliers.

11. Indemnity

11.1

The user relinquishes 100ciclisti from all responsibilities and claims for compensation, including claims for punitive damages that are brought towards 100ciclisti by another user or third parties, resulting from infringements of another other users or third parties rights that are related to content made available by the user.

11.2

The user agrees to cover any reasonable expenses incurred by 100ciclisti that result from the violation of a third parties rights, this includes all reasonable legal fees and costs incurred.

The above responsibility of the user does not apply if and in so far he or she is not responsible for the infringement.

11.3

If the content provided by a user violates a third parties rights the user agrees at the discretion of 100ciclisti, to acquire the usage rights for 100ciclisti at his own expense, or to rework the content in such a way as to be free from all rights.

11.4

If a user uses the products and services provided by 100ciclisti to violate the rights of a third party, the user will immediately cease and desist from using the services for breach of contract or the law, when requested to so by 100ciclisti.

12. Governing Law

These Terms and Conditions will be governed by the laws in force in Regensburg, Germany. You hereby consent to the non-exclusive jurisdiction and venue sitting in Regensburg, Germany to resolve any disputes arising under these Terms and Conditions.

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