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Terms of Services

December 2012

These terms of services (also referred to as "TOS") govern the use of the platform dawawas.de (including all domains e.g. "dawawas.com"). dawawas is operated by conceptspace GmbH, Brüsseler Platz 8, 50672 Köln (further referred to as "operator" or "we"). All users (further referred to as "Users") who register for the platform accept these TOS.

This English language version is for convenience purposes only. A German language version can be found at www.dawawas.de/inhalte/agb/. The German language version is the only legally applicable version of these TOS. In any case of contradictions the German version supersedes the English version. The column on the right provides a short explanation of the Terms of Services and is not legally binding.

§ 1 Description of dawawas

dawawas is a platform that aims to assist users in organizing and sharing photos and other media (together "content"). dawawas is free of charge.

Users may currently access dawawas through internet, mobile Apps for several smartphones as well as some TV sets with internet capability. Functions may be limited on mobile and TV adapted versions of dawawas. We may offer further ways to access dawawas in future.

A registration is necessary for use of dawawas. Without registration only public events may be viewed on dawawas. In this case these TOS apply accordingly. This in particular includes clauses §§ 3, 4, 5, 6 and 8 as far as these clauses have no reference to a registration for dawawas.

The platforms goal is to allow users to share memories of events with others.

dawawas is free, you will have to register in order to use it.

§ 2 Registration

All users of dawawas assure that they will use their own email address for registration only. Further all users assure that any information given is correct. Users are obliged to keep passwords secret and not to disclose passwords to third parties. Minimum age for registration is 14. Users are not allowed to register for multiple accounts.

After registration a user may freely choose a username, if available. This username may be change later on. We reserve the right to claim any username if necessary. This might be required in case of a claimed violation of trademarks.

You can join dawawas if you are older than 14 years. You will need an email address and will have to choose an username for the registration.

§ 3 general obligations for users

Users are fully legally responsible for all content that they upload to dawawas. Users ensure that they will not violate any laws in using dawawas. They further guarantee not to upload or share any illegal or indecent content.

In particular the following content is not allowed on dawawas:

  • molesting, threatening, insulting and defamatory content
  • sexual orientated and pornographic content
  • racist and discriminating content
  • content that depicts alcohol or drug abuse
  • content harmful to minors
  • copyrighted content unless necessary rights are obtained or owned by user

Any attempt to access third party data without permission is forbidden. This includes any attempt to compromise our systems. The following is forbidden in particular:

  • any electronic attack such as denial of service attacks
  • automatic "scraping" of information from dawawas (e.g. through bots or spiders)
  • any attempt to gain access to user accounts or spying/phishing on login information
  • Spamming and unwanted advertisement
  • Spreading of harmful software such as viruses, worms and Trojans.

Users are not allowed to spread or distribute unwanted invitations or other unrequested content through our systems.

All photos or other content that show third persons may only be uploaded with such third person’s permission. No comments in relation to such third persons that violate their rights are tolerated.

We strongly encourage our users to settle disputes amongst them amicably.

Any user may report illegal or inappropriate content using the contact-/feedback function. Please do not abuse this functionality. We reserve the right to temporarily or permanently suspend accounts of users who repeatedly abuse this function for false accusations. This may also be a cause for termination of the agreement.

In all cases of reported content we may delete any such content from dawawas without further notice or investigation. We may reinstate this content if a complaint is later on proved to be unsubstantial. We are not obliged to do this neither are we obliged to investigate content nor moderate between users.

Any user will indemnify and hold harmless the operator in case of any third party claim regarding a violation of such third party’s rights through content uploaded by a user. This includes operators legal fees, such as lawyers’ fees and law charges.

dawawas does not accept any insults or law violations. If you want to upload a photo, you have to be the copyright owner of it and need the consent of all people shown in it.

§ 4 Use of data and data protection / privacy

We consider the protection of user data as one of the foundations of dawawas. Please see our privacy policy for details.

If you want to know more about this, take a look at our privacy policy.

§ 5 OPERATOR LIABLITY

SUBJECT TO THE APPLICABLE LAW WE ARE CONSIDERED AS A SERVICE PROVIDER. WE ARE THEREFORE NOT OBLIGED TO MONITOR THE CONTENT ON DAWAWS NOR TO CONDUCT INVESTIGATIONS FOR ILLEGAL ACTIVITIES. OPERATOR IS THEREFORE NOT LIABLE FOR THE LAWFULLNES OR ACCURANCY OF CONTENT GENERATED OR UPLOADED BY USERS. WE MAY THOUGH CHECK USER CONTENT (SUCH AS PHOTOS OR TEXTS) FOR LEGAL COMPLIANCE AND MAY DELETE CONTENT IF NECESSARY.

THE PLAFORM CONTAINS DIRECT AND INDIRECT LINKS TO EXTERNAL SERVICES. OPERATOR FULLY DISCLAIMS THE CONTENT OF THESE EXTERNAL SERVICES AND IS NOT LIABLE FOR CONTENT HOSTED ON SUCH EXTERNAL LINKS. THE OPERATOR OF SUCH EXTERNAL SERVICE ONLY IS RESPONSIBLE FOR THE CONTENT.

OPERATOR IS NOT LIABLE FOR ANY ECONOMIC OR IMMATERIAL DIRECT OR INDIRECT DAMAGES/LOSSES OR CONSEQUENTIAL DAMAGES /LOSSES RESULTING FROM THE USE OF THE PLATFORM UNLESS THESE DAMAGEES HAVE THEIR ORIGIN IN OPERATORS’ INTENT, GROSS NEGLIGENCE OR IN CASE OF A MANDATORY LIABLITY.

THE SERVICE IS PROVIDED "AS IT IS". NO SOFTWARE OR SYSTEM IS PERFECT AND TOTALLY FREE FROM ERRORS AND BUGS. WE USE BEST EFFORTS TO DELIVER AN UNINTERRUPTED SERVICE TO OUR USERS. THIS IS NOT GUARANTEED, NEITHER ARE WE LIABLE FOR DELAYS IN TRANSMISSION OR TECHNICAL FAULTS THAT ARE NOT IN FIELD OF RESPONSIBILITY. THERE MAY ALSO BE INTERRUPTIONS DUE TO MAINTANANCE OR TECHNICAL ERRORS.

WE ARE AT ALL TIMES ENTITLED TO SHUT DOWN THE PLATFORM OR PARTS OF IT WITHOUT GIVING NOTICE IN OUR OWN DISCRETION.

OPERATOR IS NOT LIABLE IN CASE OF A SHUT DOWN OF THE PLATFORM OR PARTS OF IT THAT RESULT IN A LOSS OF DATA. DAWAWAS IS NO "ARCHIVE SYSTEM". WE THEREFORE STRONGLY ENCOURAGE USERS NOT TO USE DAWAWAS AS THE ONLY PLATFORM FOR STORING CONTENT.

dawawas is a great place to share photos, but you should always backup them. In the unlikely case that your photos get lost, dawawas will not be legally responsible for it.

§ 6 Copyright

Users will at all times keep the copyright of any content that they upload to dawawas.

Operator may use content for provision of the functions of dawawas only. This includes the right to technically process content and to create thumbnail galleries. To do this we may need to make changes in resolution or format of content in order to provide the best user experience on all devices.

The minimum and maximum resolution and file size for upload and download is set by the Operator. We may further reduce content for bandwidth and cost efficacy reasons. Content may therefore not be accessible in full resolution.

All use of content that is not necessary for the operation of dawawas (operation includes Apps and Plugins) is subject to user’s further approval.

Content of Public Events are excluded from this approval since this approval is already given when a user creates such Public event. By doing this he approves that content may be published on third party websites or apps and is publically accessible.

Content that is uploaded to dawawas will be accessible for third parties, e.g. other users. It is solely in the users decision what content he chooses to upload. The user may define such group of users or make content available publicly. Third parties who have access to the content may download it or forward it e.g. through email. We as the operator may only influence or regulate user actions within the dawawas system.

We may in several ways place ads in the content related areas and webspace around user content. This includes context-sensitive advertisement relating to topics of user events (such as Google Adsense).

We believe that your data belongs to you and to nobody else, which is why you are the only one who decides whom you would like to show your photos.

§ 7 Cancellation and termination of accounts

Users may terminate their accounts at any time without reason.

When we receive an account termination we will delete all personal data of users.

Operator may terminate user accounts with 14 days notice to the user Email address provided with the registration.

The right to terminate for cause remains unaffected. A cause in this context may be but is not limited to violation of this TOS. Such violation may be an upload of illegal, inappropriate or infringing content. In this case we are entitled to terminate the agreement with immediate effect.

If you want your account to be deleted, you can cancel your membership at any time. If you break dawawas' rules, your account may be deleted.

§ 8 Applicable Law an place of venue

This TOS and the whole agreement between the user and operator are solely governed by German law. Place of venue is – as far as permissible – Cologne

This Terms of Services are solely governed by German law.

§ 9 Adaptions and Changes to these TOS

We reserve the right to adapt and change these TOS at any time in our sole discretion. In some cases this needs approval by users. We may therefore ask our users for approval when they log in the next time. Users may also be asked for permission through other measures.

If we change our Terms of Services, we will inform you about the changes the next time you login.

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