Terms and Conditions for Bikemoments.com

Preamble

„Bikemoments“ refers to the contractual services and digital (virtual) products offered by Bikemoments GmbH or to the company Bikemoments GmbH itself.

The term „user“ refers to the natural person or legal body that makes use of the services and/ or products offered by Bikemoments GmbH on www.bikemoments.com.

These terms and conditions intend to regulate the contractual relationship between Bikemoments GmbH and their users. For using the Bikemoments Online Shop, please refer to the Bikemoments online shop terms and conditions.

By registering as a user at Bikemoments, the user accepts the following terms and conditions. The user concludes a contract with Bikemoments GmbH St. Georgen Platz 6, D-93047 Regensburg. For further contact details, trade register information as well as the names of the authorized representatives of Bikemoments GmbH please refer to the legal notice in the footer of the homepage.

The products and/or services offered by Bikemoments are intended for adult users only.

The user can read, print and download theses terms and conditions any time – also after concluding the contract - by clicking on the link „AGB“ on the Bikemoments website.

1.Subject of the contract

1.1

Bikemoments offers two different kinds of products/services: services that are free of charge and services that are subject to fees.

Free Bikemoments services include: Using the contact platform (community) for professional or recreational bikers and related functions such as creating a user profile, writing articles and comments, evaluating user comments, exchanging information with other users, uploading pictures and inviting other users to visit their profile.

In addition to that, Bikemoments offers further digital (virtual) services/products to registered users which are subject to fees. These special services include: sending mobile text messages to other users, downloading applications and several other subscription services.

1.2

Details regarding product costs and service fees can be found on the Bikemoments website. All fees stated on the Bikemoments website are binding. The fees (including value-added-tax) are due once the invoice has been issued. The payable fee is the amount specified on the website at the time the user first uses the services or places his/her order.

The users can pay the product/service fees via PayPal, an on-line payment service offered by the company PayPal. For details regarding fee payment please refer to point 4 of these terms and conditions.

1.3

Every use and/or further distribution of those services and website contents that have not specifically been offered for these purposes require prior written approval by Bikemoments GmbH.

1.4

Bikemoments will not publish any data and/or information that violates the law or any other contractual agreement such as these terms ans conditions. Bikemoments is entitled to delete any entry or user generated content that violates the law – Bikemoments can do so anytime and without previous announcement.

1.5

The user acknowledges the fact that no website can guarantee 100% - i.e. permanent – availability as this is not possible from a technical point of view. Bikemoments will do their very best to ensure that the website is available as constantly as possible. It might occur however that the site is temporarily unavailable or its services have to be shut down for a certain period of time – particularly due to website maintenance procedures, security and capacity issues or events which cannot actively be influenced by Bikemoments GmbH (such as failures in communications systems, strikes, power outages etc.)

1.6

Bikemoments provides a contact platform where users have the chance to get in contact with each other and therefore provides those technical applications that the users require to establish contact to one another. Bikemoments, however, is not involved in user communication. If users decide to conclude contracts with other users, Bikemoments is not involved in these contracts, does not enter these contracts at any time and thus does not become party of these contracts. The users themselves are responsible for execution and fulfillment of the contract. Bikemoments cannot be held liable if no contact is established between the users via the Bikemoments website with regard to such a contract. Neither can Bikemoments be held liable for violations to contract obligations or breaches of contract if the relevant contract has been concluded between users. Bikemoments explicitly denies any contractual or tortiouds liabilities concerning these contracts.

2 Registration, terms of use; Contractual agreement for paid products and / or services.

2.1

The user must register prior to accessing the services provided by the bikemoments web site.

2.2

The user ensures that all data submitted as part of the registration, especially the given e-mail address was submitted truthfully and correct. The user is bound to notify bikemoments of any changes to his userdata without delay.

2.3

The user ensures that he was of legal age at the time of registration, or in the case of a legal entity is represented by a person of legal age.

2.4

As part of the registration the user has to specify a password. The user is obligated to keep this password secret to himself. Bikemoments will not reveal this password to third parties and will at no point contact the user to ask for his password.

2.5

By completing the registration process the user is offering to agree to the contract for accessing the services (terms of use contract) of the bikemoments web site. Bikemoments accepts the users offer by activating the users account. The users account is activated when the user clicks the so called activation link which is contained in the users registration confirmation e-mail. Through the account activation the contract becomes legally binding.

2.6

Every user may only register a single time and may only create one profile.

2.7

Bikemoments is technically not able to determine the identity of the person a user is portraying on the bikemoments web site. Bikemoments gives absolutely no guarantee as to the actual identity of a user. Every user has to assure himself of another users actual identity.

2.8

A registered user may further order paid (digital) products and services from the bikemoments web site (e.g. Mobile Text Messages, downloads of various applications, usage of various applications). These paid products / services are available for order individually or as part of a subscription.

To be eligible to order these paid products/services the user must be registered (see section 2.1 - 2.7). Through clicking the "Purchase" button the users places a binding offer to purchase the selected products/services to the current price. After the user has placed his order he is sent a order confirmation email from bikemoments to the email address the user specified. The confirmation email lists all relevant details to the products and services the user intends to order. The confirmation email is not an acceptance to provision the listed products and services, it merely serves to inform the user that his order has been received. The acceptance to provision the products and services contained on the order and the associated contract of purchase by bikemoments becomes legal binding only after either the products / services are shipped , electronically made available to or are made available for download by the user.

3. Consumer rights for early termination of contract.

Insofar as a user registered with bikemoments for reasons that do not serve a commercial interest or a purpose that can be attributed to a users commercial activities the user is given the following consumer rights (intended as written in § 13 Common Law of the People):

3.1 Right for early termination of contract.

The user has the right to terminate a contract executed either at the time of registration and/or executed as part of a service / product purchase without reason within 2 weeks (termination period). The intention to terminate a contract is only accepted and valid in written form (e.g. E-Mail, Fax or Letter). The termination period commences no earlier than the receipt of this document. For a timely termination the time the intend to terminate was sent is considered. The intend to terminate is to be directed to: Bikemoments GmbH, St. Georgen Platz 6, D-93047 Regensburg (Fax-Nr.: +49 941 307 970 70, E-Mail: staffbikemoments.com).

The users rights for cancellation from section 7 remain untouched from a users right for early termination of contract a defined by section 3.

3.2 Waiving the right for the early termination of contract.

According to § 312 d Abs. 3 BGB (Common Law of the People) the user waives the right for the early termination of contract within a 2 week period if any one of the following applies. Bikemoments has begun providing the products/services to the user, the user has explicitly agreed to use the products/services or if the user himself has invoked the provisioning of the products/services he has registered for or ordered (e.g. by downloading, or making actual use of the products/services provided by bikemoments).

3.3 Consequences for the early termination of the contract.

In the case of a valid early termination of contract both parties are obliged to return the considerations defined as part of the contract according to the law. If the user is unable to fully or partially return or returns the services/products to bikemoments in a worse state he is obligated to reimburse bikemoments. The obligation to refund payments must be exercised within 30 Days. The refund period begins for the users from the time his intend to terminate was sent, for bikemoments the time the intend to terminate is received.

4. Payment Processing

4.1

Prepayment by depositing funds into our bank account.

4.2

Payment by debit from the users bank account or charging to the users credit card.

4.3

Payments via Paypal. Payment processing may be handled in cooperation with PayPal (Europe) S.à r.l. & Cie, S.C.A., 5th Floor, 22-24 Boulevard Royal, L-2449 Luxembourg further referred to simply as PayPal. The user may be redirected to the PayPal website as part of the purchase flow. By transferring the payment through PayPal the user is advancing his payment in relation to bikemoments.

The user has to register and accept the PayPal terms and conditions to make payments with the PayPal service. The PayPal terms and conditions can found on the PayPal website (www.paypal.com).

Paypal may transfer any information required for debt collection to bikemoments if a users payments can not be collected or only partially collected from the payment service.

5. User Obligations

5.1

The user is obliged to,

(a) refrain from posting misleading or dishonest information to his profile or in communication with other user. The use of a pseudonym or artistic name is permitted as an exception to this rule.
(b) only upload photos to bikemoments to which the user has the full and exclusive rights to make them available to the public without any restrictions what so ever. Photos uploaded to the user profile must clearly identify the users person. The uploading of photos that represent other people, fictional characters or beings (animals, fantasy creatures etc.) is not permitted.
(c) ensure that any uploaded photos are free from all forms of copyright and other legal restrictions. The upload photos must not violate local state laws, be deemed offensive or violate another persons rights

5.2

In using the services and information provided by bikemoments the user is obliged to obey all applicable laws and regulations and to respect the rights of third parties.

Accordingly the following is explicitly forbidden,

(a) to make available or post offensive, defamatory, slanderous content regardless if these contents are directed at other users, bikemoments employees and contractors,other persons or businesses.
(b) to make available or post content that is pornographic or violates child protection and safety laws. To make available content that sells, advertises or promotes content that is pornographic or violates child protection and safety laws.
(c) to make available or post content or images that are deemed to: depict violence, are discriminatory, slanderous, racist or illegal.
(d) to harass other users by posting unsolicited email (spam) or mass posting of content considered to be spam. (vgl. § 7 UWG, Law against unfair trade practices).
(e) to make available or post content or images that are legally protected (e.g. through trademarks, patents, copyright, utility models, design laws) without having the right to do so. It also not permitted to advertise, sell or offer legally protected content and images.
(f) to act out or promote unfair trade practices including progressive customer acquisition (chain letters, snow ball schemes or pyramid schemes).

5.3

The user if forbidden to act in any way that is a nuisance, even if these acts do not violate any specific laws or regulations including the following:

(a) The distribution of chain letters,
(b) The implementation, application or promotion of multi-level-marketing oder multi-level-network-marketing.
(c) To communicate in a suggestive or sexual manner be it explicit or implicit.

5.4

The user if forbidden the following acts:

(a) The use of any mechanism, software or script in conjunction with any use of the bikemoments website which is not explicitly permitted as part of the products and services provided by bikemoments.
(b) Blocking, overwriting, modifying, copying as far as this is not required for a proper use of the products and services provided by bikemoments. The copying of content with so called "Robots/Crawlers" search engine technologies is not required for a proper user of bikemoments and is explicitly forbidden.
(c) The aggregation, archiving, processing, publishing or making publicly available of data, content or other information from the bikemoments website or from other users.
(d) Any act that places excessive strain on or negatively impacts the functionality of the bikemoments infrastructure.

6. Changes to the products and services provided by the bikemoments website.

Bikemoments reserves the right to make changes to or provide alternatives to the provided products and services as far as the changes and alternatives are deemed as being reasonable towards the user.