General Terms and Conditions for using Pumproom

"Pumproom” refers to the service provided subject to these General Terms and Conditions and/or Pumproom
 

Preamble

By logging on to Pumproom, users accept the following General Terms and Conditions (hereinafter the “GTC”) for using Pumproom.
These GTC shall govern the contract relationship between the User and Pumproom. The User enters into this agreement on the use of Pumproom services with Kleidkunst, Suhrsweg 8, 22305 Hamburg. Additional contact information, commercial registry data, as well as the name of the authorized representative of Kleidkunst can be found under “impirit”.
The services provided by Pumproom are intended exclusively for persons of legal age. The User can call up, print out, download and or save these General Terms and Conditions at any time, even after the agreement has been closed, under the “Terms & Conditions” link that appears on all Pumproom Web site.
 

1. Subject Matter

1.1 Details about the applicable fees for the Premium Membership are set forth on the Pumproom Web sites under "service“ The fees listed under "service" are binding. Payments for the Premium Membership shall be due immediately upon invoicing. Payment can be made using the various debiting procedures with bank transfer. Please contact us at: info(at)pumproom.net

1.2 Any use of the services and contents offered on the Pumproom Web site beyond the scope of options provided by Pumproom requires the prior written consent of Pumproom.

1.3 Pumproom shall only make data and/or information provided by the User available for other uses provided that this data and/or information does not violate any laws or these GTC. Pumproom is entitled to remove any illegal or prohibited data and/or information from Pumproom Web sites without prior notice to the User.

1.4 The User acknowledges and agrees that it is technically impossible to achieve 100% availability of the Pumproom Web sites. Pumproom shall nonetheless endeavor to keep Pumproom Web site available without interruption. Events related to maintenance, security or capacity requirements, and/or events beyond Pumproom 's control (e.g. disruptions in public communication networks, power failures etc.), may result in brief malfunctions or temporary interruptions of the services provided on Pumproom Web site.

1.5 Pumproom merely provides the User with a platform on which to establish contact with other users, and only provides those technical applications that allow users to contact one another. As regards content, Pumproom does not take part in any communication between users. If users enter into agreements with one another over Pumproom Web sites, Pumproom shall not be a contracting party to these agreements. The users alone are responsible for the execution and/or fulfillment of agreements in which they enter with one another. Pumproom shall not be held liable if users are unable to contact one another over Pumproom Web sites regarding such agreements. Furthermore, Pumproom shall not be liable for breaches of duty in relation to agreements entered into between users.


2. Registration, and Representations and Warranties upon Registration

2.1 Users must register prior to using any of the services on the Pumproom Web site.

2.2 The User warrants and represents that all of the data provided by the User for registration is accurate and complete. The User shall report any changes in the registration data to Pumproom without undue delay.

2.3 The User warrants and represents that he or she is of legal age at the time of registration.

2.4 The User shall choose a password upon registration. The User is obliged to keep this password secret. Pumproom shall not disclose the password to any third party and Pumproom shall not ask for the User's password at any time.

2.5 By completing the registration process, the User consents to enter the agreement to use the services of the Pumproom Web site. Pumproom accepts this offer by activating the membership for the use of services on Pumproom Web site. The agreement takes effect with the aforementioned acceptance by Pumproom.

2.6 Each User is entitled to register with Pumproom only once, and the User may only establish one (1) user profile.

2.7 It is technically impossible for Pumproom to determine with certainty whether any user registered with Pumproom is in fact the person he or she represents to be. Therefore, Pumproom assumes no liability for the actual identity of a user. Each user is solely responsible for checking the actual identity of another user.
 

3. Obligations of the User

3.1 The User is obliged,

3.1.1 To provide only true and non-misleading statements in the User profile and in communications with other users, and to refrain from using any pseudonyms or pen names.

3.1.2 To comply with all applicable legislation, and respect all third-party rights. In Particular, the User shall not Use any insulting or defamatory contents, regardless of whether said contents are directed at another user or Pumproom personnel or other companies Use any pornographic materials or any contents that violate any applicable legislation for the protection of minors; or advertise or promote, offer or distribute any pornographic product or products which do not comply with any applicable legislation for the protection of minors Unreasonably annoy (particularly with spam) any other user (cf. §7 of the German Unfair Competition Act) Use without authorization any contents protected by law (e.g. by copyright, trademark, patent, utility patent, or design patent laws), or advertise, promote, offer or distribute any goods or services protected by law. Use or promote any commercial practices considered unfair competition, including progressive customer acquisition practices (such as chain distribution systems, multilevel selling or pyramid sales).

3.1.3 To refrain from engaging in any of the following annoying actions, even if they do not constitute a breach of any applicable laws:

Sending chain letters

Sending identical private messages to more than one (1) user at the same time

Performing, advertising and promoting any form of structural distribution measures (such as multi-level marketing or multi-level network marketing) or

Communicating in any insinuating or sexual way (suggestive or explicit).

3.2 The User is prohibited from the following:

Employing any mechanisms, software or scripts when using Pumproom Web site. However, the User may use the interfaces or software provided by Pumproom within the scope of the services available on the Pumproom Web site.

Blocking, overwriting, modifying and copying of any contents of the Pumproom Web site, unless said actions are necessary for the proper use of the services on the Pumproom Web site. For example, the use of the "Robot/Crawler" search engine technology is not required for proper use of the services, and is therefore prohibited.

Distributing or publicly disclosing the contents of any of the Web sites of Pumproom or any other user

Performing any actions which may impair the operability of Pumproom 's infrastructure, particularly actions which may overload said infrastructure.
 

4. Changes to the Services on Pumproom Web site

Pumproom reserves the right to modify the services offered on the Pumproom Web site and/or to offer services different from those offered at the time of the User's registration at any time, unless this is unreasonable for the User.
 

5. Termination of Membership, Reimbursement of Advance Payments

5.1 The User may terminate the Free Membership at any time without cause. The User may deliver notice of termination using the contact form available on all Pumproom Web site at any time. The termination notice shall include the User’s registered name and an email address of the User registered on the Pumproom Web site.

5.2 The User may terminate without cause the Premium Membership to the end of the minimum runtime chosen by the User in the course of the registration process, or to the end of any renewal period after said minimum runtime expires, by giving notice of fourteen (14) business days. The user may deliver notice of termination using the contact form available on all Pumproom Web site, or by sending a fax or letter to Pumproom. The termination notice shall include the registered name of the User and an email address of the User registered on the Pumproom Web site. If the User has terminated the Premium Membership, the User is entitled to retain a Free Membership until such termination takes effect. The provisions of this section 5.2 shall not affect the right of both parties to terminate the agreement for good cause.

5.3 A good cause is defined as an event which makes it unacceptable for Pumproom to continue the agreement to the end of the termination period, taking into account all circumstances of the individual case and weighing the interests of Pumproom against the User's. A good cause includes any the following events:

If the User fails to comply with any applicable legal provisions

If the User breaches a contractual obligation, in particular an obligation set forth in sections 2 and 3 of these GTC

If the reputation of the services offered on the Pumproom Web site is substantially impaired by the online-presence of the User (if, for example, it is discovered after registration that the User has been convicted of a criminal offence, and if said conviction is known to other users);

If the User promotes any communities or associations (or any of their methods or activities) which are under surveillance by authorities responsible for public safety or the protection of minors, or;

If the User causes harm to any other user(s)

If the User is a member of a religious sect or a denomination that is controversial in Germany.

5.4 In the event of a good cause in accordance with section 5.3 and notwithstanding Pumproom 's right to terminate the contract in accordance with section 5.3, Pumproom is entitled to:

Delete the contents posted by the User

Issue a warning, or

Block the User's access to the services on the Pumproom Web site.

5.5 In the following cases, the User shall not be entitled to claim reimbursement of any advance payments:

If Pumproom has terminated the contract for good cause pursuant to section 5.3,

If Pumproom has blocked the User’s access in accordance with section 5.4, or

If the User has terminated the agreement. However, the User's right to claim reimbursement of any advance payments shall not be excluded in this case if the User has terminated the agreement for a good cause attributable to Pumproom. 

 

6. Responsibility for the User’s Content, Data or other Information

6.1 Pumproom does not make any warranties or representations regarding any data and/or information provided or made available by any user on any of the Pumproom Web sites or on any external websites linked to them. In particular, Pumproom does not warrant or represent that said data and/or information is true or accurate, or that it fulfils or serves any particular purpose.

6.2 The User may report any activities of any other user which violate applicable laws adn/or any of the terms and conditions of these GTC (including the use of pseudonyms or false identities) using the contact form available at all Pumproom Web site.
 


7. Customer Service/Support

Queries regarding agreement with Pumproom or regarding Pumproom services can be sent by the customer to Pumproom using the contact form available at all times on all Pumproom Web site, or by sending a fax or letter.
 
8. Liability of Pumproom

Whatever the legal grounds, liability for damage claims based only on ordinary negligence against Pumproom (including its vicarious agents) shall exist only if Pumproom breaches a basic/cardinal obligation under this agreement. In this event, the amount of claims are limited to typical and foreseeable damages.

Limits shall not apply to the extent damages are covered by Pumproom 's business liability insurance, provided the insurance company has effected payment to Pumproom. Pumproom undertakes to maintain the insurance coverage existing at the time this agreement is concluded.

This shall not affect personal injury and property damage claims based on the German Product Liability Act.
 
9. Indemnity

9.1 The User shall indemnify and exempt Pumproom from all actions, including damage claims, asserted by other users or third parties against Pumproom resulting from an infringement of their rights by the contents posted by the User on Pumproom Web site. Furthermore, the User shall indemnify and exempt Pumproom from all actions, including damage claims, asserted by other users or third parties against Pumproom resulting from an infringement of their rights regarding the use of the services on Pumproom Web site by the User. The User assumes all reasonable costs Pumproom incurs due to an infringement of third party rights, including all reasonable legal-defense costs. All other rights, including damage claims by Pumproom, are hereby unaffected.

The aforementioned obligations shall not apply to the extent the User is not responsible for the infringement.

9.2 In the event the contents posted by the User infringes any rights of any third party, the User shall, at its own expense and at Pumproom 's discretion, either obtain the right to use said contents or render said contents free of any infringement. In the event the User infringes third-party rights when using the services of Pumproom Web sites, the User shall discontinue such use that violates these General Terms and Conditions and the law, if so requested by Pumproom.
 
10. Data Protection

Pumproom recognizes that any data provided by the User to Pumproom is extremely important to the User, and Pumproom shall therefore be particularly sensitive in handling such data. Pumproom shall comply with all applicable legal provisions regarding data protection (German Data Protection Laws, European Data Protection Directives and any other applicable data protection legislation). In particular, Pumproom shall not provide or otherwise disclose any personal data of the User to any third party without authorization. Details on Pumproom 's treatment of the User's data are set forth in the Data Protection Policy of Pumproom accessible from each of the Pumproom Web sites.
 
11. Right to Contents

When the User posts his or her contribution to a forum, the User grants Pumproom an unlimited, irrevocable and assignable right of use for the respective contribution, which Pumproom is entitled to utilize for any purpose. In particular, Pumproom is entitled to keep said contribution on the forum, and on its Web sites and the Web sites of its partners, or use it for marketing the forum in any other way.

Consequently, Pumproom has a right of use over all contributions to discussion forums it operates. Duplication or the use of these contributions or their contents in other electronic or printed publications is prohibited without the express written consent of Pumproom. Copying, downloading, dissemination, distribution and storing of the contents of Pumproom and/or third partiesis prohibited without its express consent.
 
12. Final Provisions

12.1 These GTC and any amendments thereto must be in writing to be valid. No secondary agreements exist.

12.2 Pumproom reserves the right to amend these GTC at any time, without giving reasons, unless an amendment is unreasonable to the User. Pumproom shall give due notice of any amendments of these GTC to the User. If the User does not object to the applicability of the revised GTC within two (2) weeks after receipt of said notice, the amended GTC shall be deemed to be accepted by the User. Pumproom shall inform the User about the User's right to object and of the relevance of the objection deadline in said notice.

12.3 Unless otherwise stated in these GTC, the User may submit all notices to Pumproom using the contact form provided on each of the Pumproom Web site, or by letter or fax. Pumproom may send notices to the User by email, fax or post to the addresses given in the User’s current contact data in his or her user account.

12.4 If any provision of these GTC is, for any reason, invalid and/or unenforceable, the remaining provisions shall continue to be valid and enforceable to the fullest extent permitted by law. The parties agree to replace an invalid and/or unenforceable provision with a valid and/or enforceable provision which most closely approximates the intent and economic effect of the invalid and/or unenforceable provision. This also applies to contractual loopholes.

12.5 The place of performance under these GTC shall be Pumproom 's main place of business.

12.6 Place of jurisdiction, insofar as legally admissible, shall be the main place of business of Pumproom.

12.7 These GTC and the contractual relationship shall be governed by German Law, excluding international private law and the provisions of the United Nations Convention on Contracts for the International Sale of Goods that have been adopted by German Law.