General Terms & Conditions12. November 2018
1. Subject matter of the contract
1.1 Jutta! is a social media platform on the subject of horses and equestrian sport that is financed through advertising and is free of charge for the user.
1.2 In particular, Jutta! offers its users a platform for
- content (images, videos, text, ads) made available on Jutta! by other users or advertisers
- communication between Jutta! users within the context of chats, private messages, reactions to the content of other users (likes, dislikes, comments)
- private, non-commercial ads (offers to buy/sell)
- general or personalised advertising.
1.3 Content created by users can be disseminated, copied and commented on by other users. This can include
hings such as
- comments on posts from users
- shared content within the Jutta! platform as well as outside of it (via e-mail or other platforms such as WhatsApp and Twitter)
1.4 Registration is a fundamental requirement for the use of Jutta! The public image presented on the social network is visible to other Jutta! users. Jutta! also offers the opportunity to interact with other users and third parties in real time. Registration with Jutta! is free of charge.
2. Conditions for use
2.1 When the user registers with Jutta!, a user account will be created for the user. The contract on the use of Jutta! is thereby concluded between the user and Mandarin Medien. The user account is a user account that is not visible on the social network. The user's content, communication with other Jutta! users or posted ads will be accompanied by the user's profile name. A search function also enables the user's profile name to be found.
2.2 The option to use Jutta! does not constitute an offer but rather only an invitation to submit an offer. The user submits an offer to conclude the contract on the use of Jutta! through the conclusion of the registration. Jutta! accepts this offer from the user through the provision of the corresponding service. The contract is first concluded between the user and Mandarin Medien through this acceptance. Jutta! is not obligated to conclude the contract.
2.3 The user confirms that all of the data provided by him or her during registration are true and complete and that he or she keeps these data up to date. In this respect, the user is to provide his or her first and last name, e-mail address and a password during registration. Consequently, the user is only permitted to create one user account. It is forbidden to create multiple user accounts.
2.4 The user confirms that he or she is at least sixteen years old.
2.5 Using its technology, Jutta! cannot determine with certainty whether a user registered with Jutta! is actually the person purporting to be the user. Jutta! therefore does not provide any guarantee regarding the actual identity of a user.
2.6 The user is obligated to keep his or her selected password secret in order to prevent unauthorised access to his or her user account. Jutta! will not disclose the password to third parties, will only use it for the login process and will not ask the user for his or her password at any time – notwithstanding the login process. For security reasons and in order to prevent misuse, the user is recommended to change his or her password at regular intervals. The securing and safekeeping of the login details to the Jutta! member account (in particular the password) is the exclusive responsibility of the user.
3. General user obligations
3.1 The user is obligated
(a) to only provide information that is true and not misleading as well as to use his or her real name and not any pseudonym or alias;
(b) to observe applicable law when using Jutta! and the content on the Jutta! websites as well as to observe all third-party rights. The user is prohibited in particular from the following:
- the use of insulting or libellous content, regardless of whether the content relates to other users, Jutta! employees or other persons or companies;
- the use of content that is pornographic, abusive or immoral, that glorifies violence or that violates youth protection legislation or the advertising, offering and/or sale of goods and services that are pornographic, abusive or immoral, that glorify violence or that violate youth protection legislation; - unreasonable harassment of other users, in particular through spam (see Section 7 of the Act Against Unfair Competition [UWG]);
- the use of content that is protected by law (e.g. through copyright law, trademark law, patent law, taste model law or utility model law) without authorisation or the advertising, offering and/or sale of goods or services that are protected by law likewise without authorisation; as well as
- the use of lewd or sexually oriented communication (explicitly or implicitly)
3.2 The user is prohibited from the following actions:
(a) the distribution and public communication of the content of other users, unless this distribution and public communication is provided for within the context of the respective Jutta! application or unless the other user has consented to the distribution and public communication of the content;
(b) any action that may impair the functionality of the Jutta! infrastructure, in particular placing an excessive burden on it; and/or
(c) the advertising of goods and services without the approval of the operator outside of the advertising options provided for this purpose, in particular in groups, group chats, private messages or streams.
3.3 Jutta! is not obligated to make data and/or information provided by the user available to other users if the data and/or information do not comply with points 3.1 and 3.2. Jutta! has the right to remove data and/or information prohibited in accordance with points 3.1 and 3.2 from the Jutta! websites without notifying the user in advance.
4. Changes of services
4.1 Jutta! reserves the right to change the services offered on the Jutta! websites or to offer other services.
4.2 Furthermore, Jutta! reserves the right to change these General Terms & Conditions at any time without specifying any reasons. Jutta! will notify the user of changes to the General Terms & Conditions in due time. If the user does not object to the application of the new General Terms & Conditions within four (4) weeks after the notification, the changed General Terms & Conditions shall be considered accepted by the user. Jutta! will notify the user of his or her right to object and the significance of the objection period in the notification.
The use of Jutta! is free of charge for the user.
6. Term, blocking
6.1 Unless barred by special provisions on the term and termination of individual applications or Jutta! memberships in the individual case, the contractual relationship can be terminated by either party at any time.
6.2 Even in the event of the existence of special provisions on the term and termination, either party has
the right to extraordinary termination of the contractual relationship for cause at any time without
observing a notice period. There shall be cause for extraordinary termination if the continuation of the
contractual relationship until the expiry of the statutory notice period is not reasonable for the
terminating party considering all of the circumstances of the individual case and weighing the interests
of both parties. Jutta! shall have cause for termination in the event of the following in particular:
(a) the user fails to comply with legal regulations;
(b) the user breaches his or her contractual obligations;
(c) the presence of the user significantly adversely affects the reputation of the services offered on the Jutta! websites (e.g. if it turns out, after the registration of the user, that the user has been convicted of an intentional crime and other users are aware of this conviction);
(d) the user advertises for associations or communities – or their methods or activities – that are monitored by security or child safety authorities;
(e) the user harms one or more other users; or
6.3 If there is cause in accordance with point 6.2, Jutta! can also impose the following sanctions against
the user independently of a termination in accordance with point 6.2:
(a) the deletion of all content posted by the user;
(b) the blocking of access to the service of the Jutta! websites or individual applications; or
(c) the issuing of a warning.
In the event of the blocking of the user account, the use is not authorised to create a new user account.
7. Responsibility for content, availability
7.1 Jutta! does not assume any responsibility for the content, data and/or information provided by the users of the Jutta! websites nor for content on linked external websites. In particular, Jutta! is not responsible for the content being truthful, fulfilling a specific purpose or being able to serve such a purpose
7.2 If the user notices use of the Jutta! websites and apps that is unlawful or in breach of the contract (including the use of pseudonyms or false identities), the user can report this.
7.4 Jutta! merely offers the user a platform and in principle is not involved in user content or communication between users.
7.5 The user accepts that 100% availability of the Jutta! websites is not always technically possible. However, Jutta! will make an effort to keep it available as continuously as possible. In particular, maintenance, security or capacity requirements as well as events outside of the power of Jutta! (such as disruptions to public communications networks, power outages, etc.) can lead to disruptions or the temporary suspension of the service on the Jutta! websites.
8. Rights of use
By posting or uploading content to Jutta!, the user grants Mandarin Medien a simple right to duplicate, distribute and publicly communicate the content on Jutta! (websites and apps) without restriction to time or place. The granting of the right of use covers all websites operated by Mandarin Medien - even under top-level domains (TLDs) other than the TLD "de". The copyright to the content will be attributed to the first and last name selected during registration unless the user has also selected a nickname for the services. The granting of the right of use does not establish an obligation of Mandarin Medien to pay remuneration.
9. Liability of Jutta!
9.1 Mandarin Medien is liable without restriction for damages arising from injury to life, limb or health due to a breach of obligation by Mandarin Medien or one of its legal representatives or auxiliary agents as well as for damages brought about due to the lack of a property guaranteed by Mandarin Medien or in the event of fraudulent behaviour by Mandarin Medien. In addition, Mandarin Medien is liable without restriction for damages caused by Mandarin Medien or one of its legal representatives or auxiliary agents deliberately or through gross negligence.
9.2 Mandarin Medien is liable in the event of a breach of material contractual obligations caused by slight negligence, except in cases specified in points 9.1 and 9.3, with the amount limited to the typical foreseeable damages for this type of contract. Material contractual obligations are, abstractly, those obligations whose fulfilment makes the proper execution of the contract possible in the first place and with which the parties to the contract can regularly trust that there is compliance. Apart from this, any liability on the part of Mandarin Medien is excluded.
9.3 The liability in accordance with the Product Liability Act remains unaffected.
10. Applicable law, place of jurisdiction and miscellaneous
10.1 Jutta! can make use of subcontractors. Even in the event of the use of subcontractors, Jutta! shall remain responsible for the fulfilment of the obligations assumed by Jutta!
10.2 Jutta! has the right to transfer rights and obligations to third parties in full or in part. Apart from this, the right to transfer is excluded.
10.3 Jutta! can send notices to the user via e-mail, fax or post unless otherwise regulated in the General Terms & Conditions.
10.4 We do not participate in arbitration proceedings before a consumer arbitration authority.
10.5 The place of fulfilment is the location of the registered office of Mandarin Medien.
10.6 German law shall apply to the exclusion of the provisions of private international law and the UN Convention on Contracts for the International Sale of Goods (CISG), which has been adopted into German law.