Terms of use

as of March 09

The website www.activagers.co.uk (in the following „activagers “) of activagers AG provides a unique platform where diversified information can be easily shared over topics relevant for the target group often referred to as the boomers.

§ 1 Area of Application

The activagers AG is solely responsible for the content created and published by activagers AG. The Terms of Service apply only to the content of the pages created and published by activagers AG. activagers AG terms of service do not extend to or include linked content from third-party platforms.

By using the websites of activagers AG and / or registering as a member of the activagers community the user recognizes the terms and conditions activagers AG as the only existing terms of service. It is at any time possible for the user to terminate the membership by deleting his user profile.

For special products and/or services offered by activagers AG and/or its partners on the platform www.activagers.co.uk the valid terms and conditions and/or trading conditions in each case are displayed separately, if for these the available terms and conditions should not be valid. The user is enabled to accept or reject the separately valid terms and conditions and/or trading conditions by making a choice at the appropriate place. Unaffected remain the use of the terms and conditions that are non subject to the separately valid terms and conditions and/ or trading conditions.

§ 2 Amendments to the Terms of Use

Amendments to the terms of use are sent to the user in writing to the email address stored in the user profile and/or are announced on the website. If the user does not oppose to the changes within four weeks after publication, then the amendments are considered as accepted. If the user should not agree with the terms of use, then it is at any time possible for him to terminate the membership with activagers AG by deleting his user profile.

§ 3 Registration and use of community "activagers"

1. Registration
   For surfing on activagers.co.uk there is no registration necessary. In order to actively participate in the communication platform www.activagers.co.uk a free registration is required. A right for admission to this communication platform does not exist, but is subject to the approval of the communication platform operator, who at any time can disapprove the admission without giving any reason. Eligibility extends solely to unrestricted legally competent individuals. If required, participants of activagers AG must send a copy of their identity document or any other legal document. For admission participants must go under "Registration" on www.activagers.co.uk and fill-out the existing form as well as accept the terms of use. All data necessary for the registration are to be indicated completely and truthfully. With the registration a personal password is also to be specified, for whose secrecy the user is exclusively responsible. activagers makes only a technical platform available, which offers registered users / individuals the possibility of stepping with other participants into contact and communicating and or interacting by various functionalities placed in most different kinds. activagers exerts no content-wise influence on communication between the members and takes over no rights and obligations from any contracts closed over the platform.
2. It is forbidden to all users to use the website of activagers AG in any way which causes damage or overloading, or putting the websites out of operation, or disturbing co-operation with other third-parties or the internet in general.
3. By completing the registration process, each user requests an inquiry for the use of the offers on the communication platform activagers. Acceptance of this offer and completion of the user agreement of activagers AG is executed via activation. The activation of the user is communicated by sending a welcome email. The text of the contract is not being stored by activagers after contract agreement. The available contract language for activagers.co.uk is exclusively English.

§ 4 Responsibility and Rights for User Contents

1. The responsibility for all information, data, text, images, and links to other sites that is generated by the user on activagers, rests solely with the user. The user is responsible to use / generate only legally permissible content that does not violate against obligations under Section 3. An examination of the contents of the registered users regarding the legality, correctness and completeness of content does not take place. The activagers AG does not make under any circumstances external or third party-content its own.
2. By uploading content such as articles, pictures, music, videos, blog articles, etc. the user accepts hereby, if relevant in the context of the communication platform in forums, groups, video, - photo and music archives, etc. to provide a free, worldwide, non-exclusive license, particularly for the reproduction, modification and publication for the duration for which the user publishes content on activagers. If the user is not the owner of the necessary rights to the content, he assured that the rights holder of those rights agrees to grant the user those rights or that the user arranges contents accordingly that is to say free of patent and or copyright -free.
3. The user agrees to the publication of his photos, videos, music, groups, blog and forum contributions explicitly into the public display and distribution of his content according to § 22 KUG under the communications platform. This explicitly includes the provision of content by other members to members and non -members provided on activagers technical applications. The agreement also includes the publication of the user's own content to the general public websites of activagers. By completing the registration on activagers the user activates the agreement.
4. The content published on the website of activagers as well as the technical applications of the platform are protected by copyright, trademark or other trademark rights. Any use of this content outside of activagers AG provided technical and communication facilities of the platform - in particular, the reproduction, distribution, public making available, change, save – requires a written agreement with activagers AG.

§ 5 Copyright

The content that is provided on the website activagers.co.uk is copyrights protected. The use is subject to copyright. This website may neither be reproduced without the agreement of activagers AG nor changed, copied, republished, transmitted, distributed or stored. The material may be used exclusively for private, non-commercial purposes subject to strict attention to copyright.

The activagers AG makes no ownership claim to the material that the user has readily provided or published on activagers. With the supply or publication the user permits activagers AG to use the publications without reservations or any restrictions. This includes the unlimited right to copy, distribute, transmit, publicly display, perform, reproduce, edit, translate and format as well as the naming in connection with the publication of the records. For publication there will be no compensation paid. The activagers AG is not obliged to provide publication of users content, publish or use, and reserves the right to independently publish, modify or remove.

By providing or publishing, the user ensures that they have the rights to this publication as to enable the use as described in this section, including all required rights for publication.

§ 6 Liability

The activagers AG does not guarantee constant availability, accuracy or availability of services offered and shall not be liable for content and programs that appear or are distributed on the website of activagers, nor for damage arising, unless such damage is intentional or grossly negligent by purpose from activagers AG. This applies to all types of damage, especially damage caused by errors, delays or interruptions in the transmission, in case of breakdown of the technical installations and service, incorrect content, loss or deletion of data, viruses or in any other way whilst making use of this online offer. For damages due to delayed data errors and / or - losses that can activagers AG can not be made accountable for (e.g. lack of functionality of the phone lines in case of power outages and contract or criminal behaviour of third parties) activagers AG assumes no liability.

activagers AG is liable for intent and gross negligence in full, but for slight negligence only in the case of violation of contractual obligations. The liability for breach of such contractual obligation is limited to the typical damage, by which at the basis of the date the contract was completed the provider must have circumstances known. The limitation on liability and gross negligence does not apply to the loss of life, limb and health.

activagers AG assumes no responsibility for the content, accuracy, legality and functionality of third-party websites may be accessed through links from the website of activagers.

§ 7 Disclaimer of Liability

1. Every user of www.activagers.de commits by the completion of his registration and use of the platform, to the following rules and frees activagers AG from all claims of third parties, as a result of a breach of the following duties and / or any other result attributable to that user to illegal and harmful acts of third parties:
   1. Each user is required to publish or upload only legitimate content, especially information, word articles, data, audio, video and photos, which neither violates law nor the rights of third parties, in particular, any copyright, trademark, design rights or other performance rights violation.
   2. Each user may only upload photos, designs or images, in which he owns the rights or have been acquired.
   3. Each user may publish commercial and industrial material only because of an explicit agreement with activagers.
   4. No user may promote, advertise or operate on activagers industrial material, advertising or distribute chain letters and / or to cults or other religious communities or sales distribution channels (such as Multi-Level Marketing or Multi-Level Marketing Network).
   5. No user may publish at or about activagers obscene, pornographic, youth, criminal, extremist, racist, abusive, libellous, threatening, anticompetitive, or other immoral, illegal content and articulate against public policy statements and infringing acts.
   6. No user may harass, threaten or insult at or about activagers or other people in any way.
   7. No user may block content at or about activagers on the platform, copy, especially through the use of robotic, crawlers or spiders software and / or take action that affects the functionality of the platform (e.g. spamming, mail bombing etc.).
   8. No user may put links to content on or about activagers that violates the above prohibitions.
2. For the elimination and prevention of the aforementioned rights, the activagers AG reserves itself the right at anytime:
   1. Delete or block immediately user-defined content, such as data, photos, videos, music, information, pictures, and texts, in violation of the law, the rights of third parties or violation against terms of the platform.
   2. Exclude the user from this service, in violation of the foregoing obligations or other important reason, either temporarily or permanently, in whole or in part.
   3. Cancel the continuation of the relationship with the user acc. to § 8.
3. Each user of activagers declares by completing his registration activagers AG free and not accountable from all and any third - party claims, which result in a violation of § 8 above duties and / or as a result of other illegal and harmful acts of third parties in connection with the users publication, distribution of content with activagers AG. The user commits himself to take over incurred legal costs as a result of violation of the rights of third parties, including the cost of an adequate legal defense of activagers AG.

§ 8 Privacy

The protection of user data is an important issue for activagers AG. The user data will be kept confidential and to the extent of third - parties only available, as allowed by privacy legislation or the user in the further use has previously agreed. Details on privacy can be learned from the separate privacy declaration.

§ 9 Termination

Each user which does not have a minimum binding contract time has at any time the right to terminate the contract - without giving any reasons or notice. The user can terminate his user account by editing the account settings.

The activagers AG can terminate the contract without adherence to a term of notice for important reasons. An important reason is particularly so where the continuation of the contract, taking into account all the circumstances of the case and weighing the interests of activagers and the user, is not reasonable, in particular because of violation of the user against the provisions of these terms of use and / or statutory provisions.

§ 10 Final clause

1. Additional agreements must be in writing.
2. These terms shall be governed by German law. If the user has his residency outside Germany, the exclusive area of jurisdiction shall be (agreed upon to) Hamburg, the headquarters of the activagers AG.
3. In case individual regulations of this contract should be void, then thereby the remaining regulations are, in their legal status, unaffected.
4. In place of the invalid regulation must be for this case with such an initial impact occur a regulation corresponding with the intended meaning and purpose of all parties concerned and as well as, concerning its substance, be feasible.
5. The jurisdiction of activagers AG is Hamburg, Germany.