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User Agreement
§ 1
Content
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The general terms and conditions
are content of the usage relationship between the upjers GmbH &
Co. KG and the users of the online services. By using this services the
user agrees to tis general terms and conditions. The inclusion of
general terms and conditions arranged by the user is expressly not
accepted.
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The usage relationship starts with
the registration of the user to one of the services of the upjers GmbH
& Co. KG and by the creation of an account for the user. It
ends by the abrogation by the user (as he for example deletes his
account) or by the upjers GmbH & Co. KG (as they for example
close or delete the users account).
§ 2
Scope of supply and services
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The upjers GmbH & Co. KG
generally enables the user to use their services by providing them in
the internet. The user has to make user he has all technical
requirements to use the services by him self.
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The user has no claim to use the
services. In particular the upjers GmbH & Co. KG reserved the
right to deny or restrict the registration of a user to one or more
services without a reason.
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The upjers GmbH & Co. KG
guarantees not that the service the user uses fits to the requirements
of the user. In particular the upjers GmbH & Co. KG guarantees
not the rightness and completeness of the content as well as correct
functionality of the services. The user has no claim for a settlement
of disadvantage caused by a failure of a service.
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Furthermore the upjers GmbH
& Co. KG guarantees not the continual availability or even
partial availability of their services. This counts in particular (but
not only) for stoppage caused by server failures or programming
failures. Furthermore the upjers GmbH & Co. KG has the right to
stop or restrict the services without an announcement for an indefinite
time for maintenance, expansions or similar reasons.
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As the servers are continual
enhanced the upjers GmbH & Co. KG my adjust the content,
technics or other manifestation at any time. Thereby the user no claims
at all.
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Hints, tips and advices how to use
the services given by the upjers GmbH & Co. KG or their
employees are always without obligation. The user has no claim for a
settlement of disadvantages caused by such hints, tips and advices.
§ 3
Coins
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The upjers GmbH & Co. KG
offers their users as the case may be the possibility to buy so called
“Coins” for money consideration. The price for one
Coin is announced on the particular website
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By this Coins the user has
opportunity to get some extra benefits compared to a normal account.
The exact description of this extra benefits is different from service
to service and is described on the particular website. The Coins only
count for that service they were bought for and are not transferable.
For the extra benefits count in addition to this general terms and
conditions the service description as a special agreement. The upjers
GmbH & Co. KG reserves the right to change this conditions at
any time.
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There is no bond to by Coins. The
extra benefits may be as a one time service or temporally limited
service. Temporally limited extra benefits count only for a special
period of time and may be purchased after this time again if the upjers
GmbH & Co. KG still offers this kind of extra benefit.
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A refund for a already purchased
Coin is not possible!
§ 4
Accountability
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The upjers GmbH & Co. KG is
only liable for personal damage to a user that is caused by intent and
by grossly negligence. For damage to property and financial loss the
upjers GmbH & Co. KG is only liable if it is caused by intent.
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The user is liable to the upjers
GmbH & Co. KG for every damage he has to represent.
§ 5
Responsibilities of the user
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The user commits to keep his access
data to the services secret. It is not allowed to deliver them to other
parties.
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The user commits to use only one
account for a service at one time. The use of more than one account for
one service at the same time is not allowed.
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The user commits not to use third
party software
(“scripts”,”bots”, etc.).
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The user commits not to exploit
failures in the services for his advantage. If he discovers a failure
he has to inform the upjers GmbH & Co. KG immediately and must
not inform other users about this failure. If the user already has an
advantage the upjers GmbH & Co. KG may take this away from him
again.
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The user commits not to post any
illegal material or profanity. In particular no political, racist,
pornographic or copyright protected material. In case of doubt the user
has to delete his content immediately and as the case my be the upjers
GmbH & Co. KG has the right to delete these content created by
the users.
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The user has to follow the
instructions and guidelines given by the upjers GmbH & Co. KG.
This also counts for the administrators and moderators of boards that
may belong to a service.
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A offense against these rules by a
user authorizes the upjers GmbH & Co. KG at any time to the
instant exclusion of a user from their services and to the deletion of
all accounts of this user. There will be no refund of coins the user
purchased and which may be still available for him.
§ 6
Abrogation
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The user has the right to cancel
his attendance to one or more services every time without a reason and
without a time limit.
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The upjers GmbH & Co. KG has
the right to abrogate one or more services at any time without a time
limit when the service or the services are discontinued.
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In the case of an abrogation has
the user no claim for a refund of coins he purchased and which may be
still available for him.
§ 7
Written form
Additional
agreements to this general terms and conditions need to be in written
form to be valid. This also counts for changes in § 7.
§ 8
Severability clause
If
there is one or more of these agreements of this general terms and
conditions not valid the others still keep their validity.
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