"Rennteam" refers to the service provided subject to these General Terms and Conditions and/or Rennteam GmbH.
By logging on to Rennteam, users accept the following General Terms and Conditions (hereinafter the "GTC") for using Rennteam.
Rennteam operates Rennteam services under various top-level domains (rennteam.com, rennteam.net, rennteam.org, rennteam.eu, rennteam.ch, rennteam.it etc.), as well as various sub-domains and aliases of these domains. All Web sites on which Rennteam provides Rennteam services are hereinafter referred to as "Rennteam Web sites."
These GTC shall govern the contract relationship between the User and Rennteam, irrespective of which Rennteam web site the User is registered with or logged on to.
The User enters into this agreement on the use of Rennteam services with Rennteam GmbH, Gerwigstr. 66b, 76137 Karlsruhe, Germany. Additional contact information, commercial registry data, as well as the name of the authorized representative of Rennteam GmbH can be found under Imprint.
The services provided by Rennteam 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 Rennteam Web sites.
1.1 The Rennteam Web sites offer users a private communication forum for arranging contacts.
1.2 Any use of the services and contents offered on the Rennteam Web sites beyond the scope of options provided by Rennteam requires the prior written consent of Rennteam.
1.3 Rennteam 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. Rennteam is entitled to remove any illegal or prohibited data and/or information from Rennteam 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 Rennteam Web sites. Rennteam shall nonetheless endeavor to keep Rennteam Web sites available without interruption. Events related to maintenance, security or capacity requirements, and/or events beyond Rennteam'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 Rennteam Web sites.
1.5 Rennteam 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. If users enter into agreements with one another over Rennteam Web sites, Rennteam 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. Rennteam shall not be held liable if users are unable to contact one another over Rennteam Web sites regarding such agreements. Furthermore, Rennteam shall not be liable for breaches of duty in relation to agreements entered into between users.
1.7 Group moderators are entitled to choose their members. They may freely choose whether or not a user may join their group.
2.1 Users must register prior to using any of the services on the Rennteam Web sites.
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 Rennteam without undue delay.
The User shall not use pseudonyms or pen names.
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. Rennteam shall not disclose the password to any third party and Rennteam 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 Rennteam Web sites. Rennteam accepts this offer by activating the membership for the use of services on Rennteam Web sites. The agreement takes effect with the aforementioned acceptance by Rennteam.
2.6 Each User is entitled to register with Rennteam only once, and the User may only establish one (1) user profile.
2.7 It is technically impossible for Rennteam to determine with certainty whether any user registered with Rennteam is in fact the person he or she represents to be. Therefore, Rennteam assumes no liability for the actual identity of a user. Each user is solely responsible for checking the actual identity of another 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 Rennteam 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 Rennteam Web sites. However, the User may use the interfaces or software provided by Rennteam within the scope of the services available on the Rennteam Web sites.
Blocking, overwriting, modifying and copying of any contents of the Rennteam Web sites, unless said actions are necessary for the proper use of the services on the Rennteam Web sites. 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 Rennteam or any other user
Performing any actions which may impair the operability of Rennteam's infrastructure, particularly actions which may overload said infrastructure.
Rennteam reserves the right to modify the services offered on the Rennteam Web sites 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.
5.1 The User may terminate the membership at any time without cause. The User may deliver notice of termination using the contact form available on all Rennteam Web sites at any time. The termination notice shall include the Users registered name and an email address of the User registered on one of the Rennteam Web sites.
5.2 The right to terminate the agreement for good cause shall not be affected. A good cause is defined as an event which makes it unacceptable for Rennteam 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 Rennteam 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 4 of these GTC
If the reputation of the services offered on the Rennteam Web sites 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.
5.3 In the event of a good cause in accordance with section 5.2 and notwithstanding Rennteam's right to terminate the contract in accordance with section 5.2, Rennteam is entitled to:
Delete the contents posted by the User
Issue a warning, or
Block the User's access to the services on the Rennteam Web sites.
6.1 Rennteam does not make any warranties or representations regarding any data and/or information provided or made available by any user on any of the Rennteam Web sites or on any external websites linked to them. In particular, Rennteam 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 Rennteam Web sites.
Queries regarding agreement with Rennteam or regarding Rennteam services can be sent by the customer to Rennteam using the contact form available at all times on all Rennteam Web sites, or by sending a fax or letter.
Whatever the legal grounds, liability for damage claims based only on ordinary negligence against Rennteam (including its vicarious agents) shall exist only if Rennteam 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 Rennteam's business liability insurance, provided the insurance company has effected payment to Rennteam. Rennteam 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.
9.1 The User shall indemnify and exempt Rennteam from all actions, including damage claims, asserted by other users or third parties against Rennteam resulting from an infringement of their rights by the contents posted by the User on Rennteam Web sites. Furthermore, the User shall indemnify and exempt Rennteam from all actions, including damage claims, asserted by other users or third parties against Rennteam resulting from an infringement of their rights regarding the use of the services on Rennteam Web sites by the User. The User assumes all reasonable costs Rennteam incurs due to an infringement of third party rights, including all reasonable legal-defense costs. All other rights, including damage claims by Rennteam, 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 Rennteam'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 Rennteam Web sites, the User shall discontinue such use that violates these General Terms and Conditions and the law, if so requested by Rennteam.
Rennteam recognizes that any data provided by the User to Rennteam is extremely important to the User, and Rennteam shall therefore be particularly sensitive in handling such data. Rennteam 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, Rennteam shall not provide or otherwise disclose any personal data of the User to any third party without authorization. Details on Rennteam's treatment of the User's data are set forth in the Data Protection Policy of Rennteam accessible from each of the Rennteam Web sites.
When the User posts his or her contribution to a forum, the User grants Rennteam an unlimited, irrevocable and assignable right of use for the respective contribution, which Rennteam is entitled to utilize for any purpose. In particular, Rennteam 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, Rennteam 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 Rennteam. Copying, downloading, dissemination, distribution and storing of the contents of Rennteam and/or third parties, with the exception of the cache memory when searching for forum pages, is prohibited without its express consent.
12.1 These GTC and any amendments thereto must be in writing to be valid. No secondary agreements exist.
12.2 Rennteam reserves the right to amend these GTC at any time, without giving reasons, unless an amendment is unreasonable to the User. Rennteam 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. Rennteam 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 Rennteam using the contact form provided on each of the Rennteam Web sites, or by letter or fax. Rennteam may send notices to the User by email, fax or post to the addresses given in the Users 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 Rennteam's main place of business.
12.6 Place of jurisdiction, insofar as legally admissible, shall be the main place of business of Rennteam.
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.