General Terms and Conditions of Use for Calendify
Section 1 Subject-matter and scope of contract
- yoveno UG (limited liability company), represented by the CEO, Yves Sorge, Klingholzstraße 7, 65189 Wiesbaden, known as “yoveno”, operates a platform for publishing, subscribing to and sharing event calendars at https://calendify.com.
- These General Terms and Conditions (GTCs) shall apply exclusively. Any terms and conditions of the user which conflict with or deviate from these GTCs are deemed rejected unless expressly agreed to in individual cases by yoveno.
- These General Terms and Conditions of Use shall apply to consumers as well as to businesses. Within the meaning of these GTCs, a consumer is any natural person placing an order for purposes which cannot predominantly be attributed to a commercial or independent professional activity. A business, within the meaning of these GTCs, is any natural person, legal entity or partnership with legal capacity placing an order in the performance of a commercial or independent professional activity.
- yoveno reserves the right to extend the scope of the features offered on the portal at any time and to restrict features and services provided free of charge or to discontinue them completely.
- All prices indicated are gross prices in euro.
Section 2 Amendment
yoveno reserves the right to amend the General Terms and Conditions at any time and without stating its reasons for doing so. yoveno will notify the user of any change to the GTCs at least four weeks before the change takes effect and will send them to the user. If the user does not object to the amended GTCs within 2 weeks of receiving notification of the amendment, the amended GTCs shall be deemed to have been accepted. If the user objects to the amended GTCs within the time limit, yoveno shall be entitled to terminate the contract at the point in time at which the amended GTCs are to take effect, or to continue the contract under the GTCs hitherto applicable.
Section 3 Registration
- To enable full use of all features of the portal, the user is required to register with a user name and a valid e-mail address and to choose a password. This registration is free of charge.
- The user must be at least 16 years old at the time of registration.
- The user must choose a secure password and keep it confidential.
- As a basic principle, only one user account may be maintained per user. A user account must not be transferred to third parties.
- Users shall not be entitled to conclude a user contract with yoveno. yoveno may refuse a user’s registration without giving its reasons for doing so.
- The user contract is concluded by confirming the registration link which is sent to the e-mail address entered in the registration form once the form has been completed.
Section 4 Concluding a contract for additional services
- The user can book additional services from yoveno on the portal. The scope of the services and the corresponding fees are determined by the package booked.
- The additional services offered by yoveno on the portal constitute binding offers. The contract is concluded by the user selecting the package and clicking on “confirm purchase”.
- After booking a package, the user will again receive the text of the contract and of these Terms and Conditions of Use from yoveno and can view the services booked in his or her user account.
Section 5 Posting and subscribing to content
- Users can define a display name in their profile and upload a profile picture.
- Users who are logged in can subscribe to existing content or create content themselves and publish it for third parties. The amount and scope of the free content is limited.
- Event calendars can be published only if an image is attached to them.
- As a basic principle, content is published automatically without it being reviewed by yoveno. The user is therefore responsible for the content he or she creates.
- The user undertakes to provide truthful information when creating content and to update the information without delay if it should change.
- No content may be posted which
(a) violates the rights of third parties, in particular property rights, copyrights, rights to the use of names, ancillary copyrights or trademark rights
(b) glorifies violence or is pornographic in nature or otherwise violates provisions of the Criminal Code
(c) contains viruses, Trojan horses or other programs which are capable of damaging, secretly intercepting or erasing data or systems.
Section 6 Rights of use
In the event that they upload copyrighted works, users grant yoveno a non-exclusive right of use which is unrestricted in geographical, temporal and substantive scope for the intended use on the platform and/or the yoveno website. In particular, the right is granted to reproduce the respective work and/or have it reproduced, and/or to publish and/or have it published, and/or to display it on the internet for the user himself or herself within the limits of his or her access. The user asserts that he or she has the rights to all works and - if persons are depicted - that those persons have agreed to publication and have been informed about their rights.
In case of separate consent, yoveno additionally obtains the right to make the works publicly available and/or to have them made publicly available, as well as the right to sub-licence all rights from this section and the previous section, particularly in connection with and on third party websites/platforms. The aim is to achieve a maximum distribution of these contributions.
Section 7 Blocking
- yoveno may block a user account in the event that the user violates the GTCs or applicable law.
- yoveno may, in particular, block a user if he or she has provided false information during registration, violates rights of third parties or misuses yoveno services, or for any other important reason.
- yoveno is also entitled to delete the user’s individual contents from the portal without giving its reasons for doing so.
- If the user's account has been blocked or terminated by yoveno, the user is not authorised to log in again.
Section 8 Term and termination
- The free user contract runs for an indefinite period of time and may be terminated at any time without notice. The user may also terminate the free user contract by completely deleting his or her user account.
- The term of the chargeable additional services is determined by the package chosen by the user. The term shall be extended by the term agreed at the time the contract was concluded, unless those chargeable additional services are terminated in writing and with 4 weeks’ notice to the end of the term agreed in the contract.
- The right of extraordinary termination without notice for good cause remains hereby unaffected.
Section 9 Fees
- The monthly fees for the user contract are determined by the package chosen by the user. Those fees are payable monthly in advance to yoveno by the first day of each month.
- If the user falls into arrears, yoveno shall be entitled to block the user or his or her content until payment has been received in full. If the user falls into arrears to a sum exceeding two months’ fees, yoveno shall be entitled to terminate the contract extraordinarily and to demand immediate repayment in full of the amount remaining for the term agreed in the contract.
- Fees for one-time services are due for payment immediately upon booking.
- yoveno will make the invoices available for download on a monthly basis in the user’s personal space.
Section 10 Liability
- yoveno shall not be liable for claims based on the internet platform’s temporary unavailability to the user, in particular due to maintenance work, provided that the downtime does not exceed a total time of more than 0.5 % of one year per calendar year, and in the event of longer downtimes, provided that the unavailability is not due to intentional acts or omissions or gross negligence.
- yoveno itself neither organises nor is responsible for the listed events and functions.
- The user is responsible for the correctness and completeness of his or her offers, contents and descriptions.
- The user is aware that the listed events and functions are content which has been entered by other users. yoveno shall not be liable, in particular, for the events and/or functions actually taking place, for the date or venue listed, or for the conditions described.
- yoveno is not liable for the accessibility, availability and error-free transmission of contents via the interface provided by it, where and to the extent this falls within the user’s area of responsibility.
- As a basic principle, yoveno is not liable for damages caused by slight negligence.
- The limitations of liability under the foregoing sections shall not apply to damages arising from injury to life, body or health, fraudulent concealment of defects, claims under the Product Liability Act, in case of intentional acts or omissions or gross negligence, or breach of obligations the fulfilment of which is essential for proper execution of the contract and upon which the user may ordinarily rely.
Section 11 Indemnification
- The user shall indemnify yoveno, its employees, authorised representatives and vicarious agents against all claims or demands of third parties - including reasonable costs for legal defence - arising out of or in connection with this contract and alleged violations hereof or the alleged violation of rights of third parties. yoveno reserves the right to assume the sole defence and to assume alone any dispute which may lead to a claim for indemnification against the user. The indemnification obligations of the user in question shall remain unaffected hereby. It remains at yoveno's discretion whether or not to acknowledge claims in the event of a claim by third parties which is not obviously unfounded. If yoveno accepts such a claim, the user cannot argue that such a claim does not exist. However, he or she may avert this possibility by expressly accepting liability for further proceedings.
- yoveno shall inform the user without delay, within the scope of what is permitted by law, in the event that third parties or authorities assert claims against it or if yoveno should become aware of evidence of a violation of legal and/or official regulations or a violation of rights of third parties which is attributable to the user.
- The user will assist yoveno to the best of his or her ability in its legal defence. If the violation alleged by yoveno is based on the fact that data, designs and/or other information made accessible online by the user or at the instigation of the user infringe copyrights, trademark rights and/or other industrial property rights of third parties, yoveno may demand that the user assume not only the costs of the reasonable legal defence but also the costs of any damages.
- yoveno is entitled to remove or deactivate the content immediately if there are indications that the content might violate the rights of third parties. There are indications of illegality and/or violation of rights, in particular but not exclusively, where authorities and/or other third parties take measures of any kind whatsoever against yoveno and/or the user and base those measures on the allegation of illegality and/or violation of rights.
Section 12 Final provision
- These GTCs shall be governed exclusively by German law, but excluding application of the UN Convention on the International Sale of Goods.
- Where the parties are registered traders, jurisdiction and venue for all disputes arising out of or in connection with this contract shall be vested in the courts of the city where yoveno has its registered office.
- Should one or more provisions of these GTCs be or become invalid, either in whole or in part, the validity of the remaining provisions shall not be affected thereby.
Version of: 20.01.2020