Datenschutz ENG

Dear users!

Please read the general terms and conditions (hereafter referred to as the "terms") for your use of the flatsandfriends.com portal


§ 1 General and Scope

1.1 flatsandfriends.com is a portal of Magma Consulting GmbH

1.2 For the business relationship of flatsandfriends.com the following general terms and conditions apply at the time the contract is concluded.

1.3 Deviating, contradictory or supplementary terms, even if known are not part of the contract, unless flatsandfriends.com expressly agrees to their validity

§ 2 Services

2.1 flatsandfriends.com offers its members the opportunity to contact other members, with the aim of exchanging their homes. 

2.2 Information and e-mail addresses of members will be forwarded only to other members of flatsandfriends.com. 

2.3 flatsandfriends.com provides its members with the technical ability to publish content on the portal. flatsandfriends.com is only responsible for publishing the ads.  flatsandfriends.com does neither check the existence nor the content of the respective exchange of residential properties, nor does flatsandfriends.com guarantee the occurrence of any swap transaction. flatsandfriends.com is not responsible for the actions of its members and accepts no responsibility for the adequacy of the content or availability of information that are accessible by the use of the Service or are in connection with it. 

2.4 The portal's users have no right to the provision of certain functions by flatsandfriends.com, whether there were such functions in the past or not. flatsandfriends.com as the operator is entitled to modify functions of the portal, delete or add new functions at any time without notice for any reason or to combine the use of functions with the occurrence of substantive or personal conditions, unless the parties expressly agreed otherwise.


2.5 All users of flatsandfriends.com bear sole responsibility for all agreements that are reached through this portal.

2.6 Members who publish content (pictures and text) on flatsandfriends.com, grant flatsandfriends to royalty-free, non-exclusive, sub-licensed, perpetual but irrevocable rights to use this content (in whole or in part) worldwide for advertising purposes and to provide the services offered by flatsandfriends.com. For this, all the contents are stored by flatsandfriends.com The use of this content is not limited to distribution via the Internet as a medium. It may also be used for other measures such as eg. in the form of newsletters, banner ads, print media of all kinds, television or radio, this list is not exhaustive.

2.7 flatsandfriends.com reserves the right to process internet-connected offers of its members for use on mobile and portable devices to optimize the representation on these devices.


§ 3 Membership

3.1 The services of flatsandfriends.com can be used only by persons who are capable, under the applicable law, to enter legally binding transactions. 

3.2 Members are all natural and legal persons who have set up a member account at flatsandfriends.com.

3.3 The member's account contains the contact details of a member. By registering the member declares and guarantees that all daa in connection with the registration process is complete and correct, and any changes are immediately updated in the member account.

3.4 flatsandfriends.com is entitled to exclude and to remove any member from the portal and its flatsandfriends.com service for non-compliance and violation of the general terms and conditions without refunding any membership fees.

3.5 The contact details of each registered member are based on their own information. flatsandfriends.com is not liable for its accuracy.

3.6 The user account at flatsandfriends.com shall only be used by registered members and not by third parties. Members are responsible for keeping their user information and password secret. If data is passed on the user's account to third parties and is abused in the worst case, flatsandfriends.com nor the employees are not to be held liable , but the registered member for any emerging damages, unless the member is not responsible for the misuse of his/her member's account, because a violation of existing duty of care is not available.

3.7 Any member of flatsandfriends.com is obliged to inform in non-perception of an exchange, the exchange partners and flatsandfriends.com at least 24 hours prior to the exchange date.

3.8 Links to other sites provided outside the portal of flatsandfriends.com are illegal and are removed by flatsandfriends.com.
 

§ 4 Dealing with foreign property / flats



4.1 With the agreement of the terms of use, each member agrees to respect the property of others as to his own. 



4.2 The flat is to be found and left in clean and in hygienic condition. The owner has to be informed promptly of any damage.

4.3 Each member is obligated to adequately describe his/her flat. No false or misleading information are to be given.




§ 5 Evaluatiom



5.1 After the home exchange flatsandfriends.com allows its members evaluate each other. flatsandfriends.com does not check these evaluations. They may be inaccurate or misleading.



5.2 The evaluations have to be written factual in accordance with the requirements of fairness and may not contain any illegal, offensive, abusive or criminal content. Evaluations which contravene will not be published or deleted. flatsandfriends.com reserves the right to initiate legal action for violation against the user, who drafted the evaluation. The evaluations always represent expressions of the author and not statements of flatsandfriends.com

5.3 self-assessments or any other means of influencing the rating system is prohibited.




§ 6 Termination



6.1 Members may cancel their membership at any time by sending an e-mail to info@flatsandfriends.com. 

§ 7 Advertising



7.1 flatsandfriends.com is partially funded by advertising. The operator is allowed to advertise or accept adverts on the platform.




§ 8 Content



8.1 flatsandfriends.com assumes no responsibility for the monitoring of the services for inappropriate content or conduct. Each member is solely responsible for the content that is published on the platform of flatsandfriends.com, and any material or information which is transmitted to other members as well as for interaction with other members. flatsandfriends.com does not approve this content. 
This content is not necessarily checked before publication at flatsandfriends.com.




§ 9 Prohibited Content / Prohibited activities



9.1 The following examples (although the list is not exhaustive) are illegal content / activities that may not be published on flatsandfriends.com. 
Content / activities which
 

• support racism, fanatism, hatred or physical harm of any kind against any group or individual,

• harass or support harassment of another person,

• include nudity, violence, or offensive images or a link to an adult website,

• request minors to give personal data,

• include the sending of "chain letters," "junk mail" or unsolicited mass mailing, instant messaging, "spimming" or "spamming",

• urge other members to supply their passwords or personal information for commercial or unlawful purposes

• a photograph of another person, you have posted without that person's consent,

• incluce criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling,

• use the account, username or password of another member,

 

may not be published on flatsandfriends.




§ 10 Data Protection



10.1 flatsandfriends.com collects, processes and uses personal data of the member in compliance with applicable data protection regulations.

10.2 flatsandfriends.com is entitled to edit and save the data received by the member in compliance with the requirements of applicable data protection regulations. The member specifically agrees that flatsandfriends.com saves and edits members information, which were provided and processed as part of the registration.



10.3 The further use of personal data beyond requires the separate consent of the member. The member's consent can be revoked at any time, of course.



10.4 flatsandfriends.com guarantees to treat all data provided and marked by the member as confidential, confidentially and to use it only in accordance with these user terms. However, flatsandfriends.com reserves to deviate from this if the member´s data must be disclosed. due to a legal or regulatory decree.



10.5 flatsandfriends.com use "persistent" cookies. They remain on the member´s computer, in order to facilitate personalization and registration services for the next visit to the site. Cookies can hold an example of what the member has selected. These cookies may be removed by the member at any time manually.

10.6 flatsandfriends.com also uses "Session" cookies. These do not remain on the member´s computer. When the member leaves the portal, the temporary cookie is erased. By using the information gathered flatsandfriends.com can analyze usage patterns and structures of the portal. In this way, flatsandfriends.com can continue to optimize its portal, as flatsandfriends enhances the content or improves the personalization and simplifies the use for its members.



10.7 On the portal data are collected and stored by means of a so-called "tracking tool" for marketing and optimization purposes. The collected data are used to create an anonymous user profile. The member may object to the data collection and storage at any time with future effect.



10.8 flatsandfriends.com does not use tracking tools without the express consent of the member to collect personal data about the member unnoticedly, to transmit such information to third party and marketing platforms, or to link data with personal data (name, address, etc.) .




§ 11 Liability and Warranty



11.1 As far as portal allows the access with links to other sites, flatsandfriends.com is not responsible for the foreign content contained therein. flatsandfriends.com does not use the foreign content as its own. The liability for third party content is excluded. If flatsandfriends.com becomes aware of illegal content on external web sites flatsandfriends.com will immediately remove the link to it.



11.2 flatsandfriends.com is not liable for the accuracy of data as well as virus-free files that are put on the portal by members.



11.3 The use of the flatsandfriends.com Services is at the own risk of the members. flatsandfriends.com assumes no liability for the uninterrupted, secure or error-free functioning of its services. flatsandfriends.com assumes no responsibility for lost data of the member.



11.4 With regard to the availability of the system no guarantee is given. It can at times be restricted due to maintenance or other reasons, in whole or in parts, eg in terms of individual features ("limited availability"). A liability for the consequences of limited availability - of whatever kind and for whatever reason - is excluded.

§ 12 Copyrights



12.1 By placing articles at flatsandfriends.com, the member grants the following non-exclusive temporally and spatially unrestricted rights of use and exploitation:

The right to store the article on the websites of flatsandfriends.com; The right to use the article in connection with the websites of flatsandfriends.com in other media, such as in other currently known methods of realization.




§ 13 Final provisions



13.1 The law of the Federal Republic of Germany applies. The application of the CISG is excluded, unless the member is a consumer, this applies only if no binding legal regulations, particularly those of consumer protection laws are circumvented by this.



13.2 flatsandfriends.com reserves the right to exclude members from the portal who violate those obligations regulated by the general terms and conditions, in particular those referred to in paragraph 3 and 9 of the terms and the continued use of flatsandfriends.com.de.



13.3 The place of fulfillment for services from the license agreement between the member and flatsandfriends.com is Hamburg.

13.4 If any provision of the contract and / or these conditions are invalid or incomplete, the remaining provisions shall remain unaffected. In place of the ineffective or incomplete provision, the parties will agree on one that both sides had agreed upon knowledge of the invalidity or incompleteness economically.



13.5 flatsandfriends.com is authorized to change these terms and conditions. flatsandfriends.com will inform the members of any change via e-mail.



13.6 Members may object to the validity of the amended terms and conditions within 4 weeks after receipt of the notice of change. In diesem Fall hat flatsandfriends.com die Möglichkeit entweder die Weitergeltung der zum Zeitpunkt des Vertragsschlusses gültigen Allgemeinen Geschäftsbedingungen zu wählen, oder das Vertragsverhältnis zu kündigen.



13.7 If the member does not object in due time, the amended terms and conditions apply as agreed from the beginning.




§ 14 Identification

Magma Consulting GmbH

Klotzenmoor 52

22453 Hamburg

Amtsgericht Hamburg

HRB 114 657 

CEO: Roman Reimer

Phone: +49173 920 9821

E-mail: info@flatsandfriends.com

Internet: www.flatsandfriends.com

Last update: December 2011