The Website available under the URL http://www.mixxt.net ("mixxt.net" or "Website") is made available by mixxt GmbH ("mixxt"), Irmintrudisstraße 13, 53111 Bonn, represented by the Managing Director Oliver Ueberholz. For respective networks, other top level domains, as for example "mixxt.de" or "mixxt.com", are available (for the purpose hereof also included in the terms "mixxt.net" or "Website").
- Eligible users and conclusion of contract
- The Website is made available to users of 12 (twelve) years of age or older. Users have the opportunity to register on the website. Prerequisite for the registration and ongoing availability of the usage relationship includes an email address which is valid and active long term. Furthermore, correct and complete information has to be provided and any amendments thereto have to be updated.
- Upon registration the user can choose his user name, his so-called mixxt ID and a password. The user shall keep his password strictly confidential and shall not grant access to third parties to mixxt.net via his mixxt ID.
- This agreement is made by the user submitting the registration form and confirmation of this registration by mixxt, in which the user is communicated an activation code valid for first log in.
- To become member of a network, the user has to register separately for a respective network.
- ("Widerrufsbelehrung") – Information on revocation
- Declaration on Revocation
A user may revoke the registration of his network within two weeks without giving cause: Easiest way is via the opt-out link (Link). Revocation may be effected otherwise in text form (e.g. fax or email). The respective period commences after mixxt’s receiving this notice in text form, however not prior to formation of contract. The respective period further does not commence until mixxt has performed its obligations pursuant to Sec. 312 c para. 2 BGB in connection with Sec. 1 para. 1,2 and 4 BGB-InfoV and Sec. 312e para. 1 s. 1 BGB in connection with Sec. 3 BGB-InfoV. Timely sending of the revocation suffices. Revocation may be effected by the opt-out link or is to be sent to the address mentioned above, email firstname.lastname@example.org, Faxnumber +49 228 299 799 779
- Consequences of revocation
Upon valid revocation the parties have to return performances and services received and emoluments taken. If the user is unable to return services holy or partly or return such only in a deteriorated state, the Admin may be obliged to compensate mixxt.
- The right to revocation forfeits if mixxt has with explicit consent of the Admin prior to the end of the respective period commenced performance or the user has himself caused services to be rendered (e.g. by logging in or a processing network content).
End of the declaration on revocation.
- Access to and content of the services
- mixxt.net is a communication platform which allows third parties (so called "Admins") to create and independently administer an own community or own network for their personal needs and to offer such for users for membership. mixxt only provides the software for the networks, whereas the content exclusively originates from users, which are members of the respective networks.
- Apart from the software, mixxt provides on its own pages further contend, including e.g. Blogs, Twitter, Streams and summaries of user activities.
- As part of the usage relationship, mixxt regularly provides information on updates & changes. The user may further opt-in, upon registration or any time later, to receive the weekly email newsletter.
- All networks usually contain advertising. Whether and to what extent advertising is published on a certain network is at the respective Admin’s discretion. Hiding advertising is provided for as a paid-for service.
- User obligations
- Each user shall respect applicable laws of the Republic of Germany. It is prohibited to publish any content which promotes violence, endangers juveniles, is racist or pornographic, and to link to such content. Each user has to adapt his behaviour and published content to the fact that mixxt.net is accessible to users from the age of twelve. Additionally, content considered indecent by mixxt, as well as such of questionable legality, is prohibited.
- With regards to content and materials used, each user has to secure that such is free from any rights of third parties and does not infringe any third parties’ rights. The user indemnifies mixxt against and holds mixxt harmless from any claims by third parties, based on published content or materials or the user’s behaviour, including reasonable legal fees unconnected with such claims.
- User activities, which aim at rendering mixxt.net dysfunctional or impede usability, are prohibited, appropriate civil remedies and criminal law enforcement may be sought. Specifically prohibited are any activities which may influence the physical or logical structure of the service, as well as automated grabbing of data, including data crawling and data scraping.
- The services of mixxt.net are not be used for illegitimate purposes. The service and the software contained shall exclusively be used for the network made available under mixxt.net and shall not be copied. It is specifically prohibited to register third parties with mixxt.net without their knowledge and explicit consent.
- The user has no right to claim access to a certain network. Access to a network is within the sole discretion of the respective Admin. A network may also be discontinued or temporarily inaccessible at any time.
- User content
- The content in different networks and communities on mixxt.net originates solely from the respective users. They are administered by and within the responsibility of the Admin of the respective network. Content containing opinions or evaluations is solely such of the respective user and not of mixxt.
- Any complaints about specific content of a network shall be directed first to the respective Admin of a network. The Admin can be contacted via his profile. Furthermore, most content is accompanied by so-called "user notification function", i.e. an icon, by which complaints about content can be articulated. In urgent matters the user may contact mixxt directly under the email address: email@example.com
- Publication of user content within a certain network is at the sole discretion of the respective Admin. There is no entitlement to publication, even if the respective user is member of the respective network. Furthermore, mixxt at any time reserves the right to delete any content of users in case of a violation of clauses 4.1 and 4.2.
- Data protection
The data protection declaration on mixxt.net is available here (http://www.mixxt.net/general/pages.privacy).
- Liability of mixxt
- mixxt shall be liable without limitation for intent and gross negligence.
- For ordinary negligence, mixxt shall only be liable in so far as an essential obligation of this agreement is breached. Such essential obligation shall be construed as containing such which this agreement has to confer upon the user by its nature and purpose or which only enables the due performance of this contract and the due performance of which the user may regularly and reasonably rely upon.
- mixxt’s liability for slight negligence is limited to typical and foreseeable damages.
- Liability for indirect damages as well as lost profit is excluded from simple negligence except for situations where liability is not restricted pursuant to above clause 7.2.
- Limitations of liability from above clauses 7.2 to 7.4 do not apply to any strict statutory liability of mixxt or liability from any contractual guarantee as well as harm to body, life or health.
- In such far as mixxt´s liability is excluded or limited this shall also apply to the personal liability of its statutory representatives or agents. The limitations of liability do furthermore apply to all kinds of claims, including tort.
- Termination, changes at mixxt.net and measures with regard to networks
- The user as well as mixxt are entitled to terminate the user relationship upon to weeks’ notice.
- mixxt shall further be entitled to terminate the user relationship for cause without notice, if a user has repeatedly provided contributions violating these terms and conditions or has else breached these terms and conditions and has not remedied such breach upon notice within an appropriate period of time, respectively has reiterated such breach. Instead of a termination, mixxt may also choose to suspend or bar the user from one or several networks.
- mixxt shall be entitled to take specific measures with regard to certain networks, in such far it considers these necessary and appropriate. This includes:
The user cannot base any claim against mixxt from such measure.
- the complete deletion of a network;
- the suspension of a network; or
- so-called "render invisible" of a network, i.e. the network stays active but is no longer publicly listed and available with neutral homepage. It is accessible to users only upon knowledge of the specific URL.
- Upon Termination of the user relationship, the user’s master data and his profile are deleted in such far as no record keeping obligation exist. Upon termination or limitation of the user relationship the user has no entitlement to claim deletion of content or material originating from him. The users may bring his respective concern to the Admin’s attention. Depending on the terms applicable to the respective networks and kind of content such concern may be complied with or not.
- mixxt shall be entitled to change the content or structure of mixxt.net at any time. This includes to terminate or make available against payment only certain offers or services. With regard to new services and offers for which the user has to bear costs, such obligation shall only come into existence upon respective confirmation by the user towards mixxt.
Additionally each Admin establishes standard terms and conditions for his network which apply in addition to these mixxt standard user terms. In case of contradiction the provisions of the mixxt user terms prevail.
- This agreement shall be governed by German law, provisions of the UN Convention on contracts for the International Sale of Goods (CISG) shall not apply. Exclusive venue of competent jurisdiction shall be Bonn, insofar as the user is "Kaufmann" (merchant) within the meaning of the Handelsgesetzbuch or has no permanent residence in Germany at time of filing of action.
Version: July 2008