Lifestream.fm / Terms En

Standard Terms of Use

Preamble

The following Standard Terms of Use shall apply to the relationship between construktiv GmbH, represented by its managing director Kai Tietjen, Haferwende 1, 28357 Bremen, Germany, as the provider of the Internet service "Lifestream.fm" (hereinafter referred to as Lifestream) and registered users (hereinafter referred to as the Users) and shall in this regard apply to all the services offered under the URL www.lifestream.fm and the associated sub-pages and additional pages. These Standard Terms of Use determine the principles for use of the service and contain provisions on data protection, including consent to data storage.

§ 1 Description of the Lifestream Service

1.1 Lifestream makes available to registered Users a platform on which Users can group their activities and content from other supported Web 2.0 services in a profile and display them to other Users. Lifestream only displays the information made available by the User.

1.2 Lifestream reserves the right to modify, extend, restrict, and discontinue its platform at any time with regard to content, structure and/or scope. Furthermore, Lifestream reserves the right to suspend or restrict availability of the platform for maintenance, capacity or security reasons.

1.3 Lifestream is not involved in the communication between Users or any conclusion of contracts between Users and does not become party to any contract.

1.4 The Lifestream website is chiefly characterized by the fact that registered Users display to other Users their activities in Web 2.0 services supported by Lifestream. In this connection Lifestream draws attention to the fact that authentication of Internet Users is difficult and for this reason Lifestream cannot guarantee that each registered User is actually the person he or she purports to be. Every User must therefore convince himself of the identity of another User if necessary.

§ 2 Registration; Conclusion of a Contract

2.1 Use of the entire Lifestream website requires registration as a User.

2.2 A contract concerning use of the Lifestream website comes into being by submitting the data required for registration after prior acceptance of these Standard Terms of Use. The User gives an assurance that all the data provided by him is true and complete and that any changes in User data will be corrected without delay.

2.3 When logging in for registration, the User selects a username and a password. The User is obliged to keep his password secret.

2.4 The User can cancel his registration with Lifestream at any time in text form (e.g. letter, fax, email) without having to state reasons. Cancellation must be sent to:

construktiv GmbH
Managing Directors: Tovias Ihde, Kai Tietjen
Haferwende 1
28357 Bremen

Telefax: +49 (0)421 / 20 70 978
Email: info@construktiv.de

2.5 Lifestream reserves the right to amend these Terms of Use as and when required. The amendments enter into force as soon as they have been announced on the website www.lifestream.fm. Registered users are notified of the amended Terms of Use by email.

2.6 If a User does not consent to the amended Terms of Use, he can terminate his Lifestream membership by cancellation or serving notice. The User is committed to abide by the amended Terms of Use if he continues to use the Lifestream website after one month following announcement of the amendments.

§ 3 Users' Rights and Duties

3.1 Registered Users shall be entitled to use the Lifestream website in full within the scope of these Terms of Use.

3.2 The Users are fully responsible for the information that they publish on other Web 2.0 services and present in a consolidated manner using the Lifestream platform and acknowledge that the information entered in such Web 2.0 services is available to other persons as a result of using Lifestream.

3.3 When the Lifestream website is being used, general laws must be observed. In particular, Users are obliged

to refrain from disseminating material that is either illegal or in any other way defamatory or offensive
to use information and data obtained from other Users solely for private purposes
to refrain from threatening or harassing third parties or violating third-party rights (especially the general right of personal privacy, copyrights and any other rights involving industrial rights protection)
to refrain from uploading to the Lifestream website any data that is either infected or harmful in any other way
to provide solely true information about themselves upon registration and, in particular, to refrain from registering with a false identity

3.4 Notwithstanding any consequences in common law and/or criminal law, non-observance of the above code of conduct shall entitle Lifestream to terminate the relevant User's access without notice and to permanently exclude the same from use for the future, or to privatize him. The method of sanctioning is at Lifestream's discretion.

§ 4 Guarantee and Liability

4.1 Lifestream does not give any guarantee that the website made available is available at all times without any errors or that it is suitable for a certain purpose. This particularly applies if access to the Lifestream website is affected or unavailable on account of disruptions, the cause of which is beyond the influence of Lifestream.

4.2 Lifestream gives no guarantee for content provided by Users and in particular it is not obliged to check such content for legal violations without specific grounds.

4.3 If any third parties should file claims with Lifestream due to illegitimate content from Users, the responsible User is obliged to indemnify Lifestream with regard to all liability and reimburse all costs that may be incurred in the course of any pursuit of legal interests.

4.4 If Lifestream should be liable according to legal regulations, the following shall apply:

For any damage caused by harm to the body, life or health Lifestream accepts liability for any negligent action of its own and for any negligent action on the part of its legal representatives or universal agents.
Lifestream accepts liability for any damage that is covered by liability under the German Product Liability Act;
Lifestream accepts liability for any other damage that is due to willful or grossly negligent violation on the part of Lifestream, its legal representatives or any of its universal agents;
Lifestream accepts liability for any damage that is caused by simple negligence on the part of Lifestream, inasmuch as the negligence involves violation of material contractual duties (cardinal duties). Cardinal duties are such duties as the contract has to grant the contracting party according to the spirit and meaning of the contract, or ones whose fulfillment enables proper performance of the contract and on compliance of which the contracting party may rely. In such cases, however, the liability of Lifestream shall be restricted to damage that is typically associated with the contract and is foreseeable.

4.5 The provision in para. 4.4 covers all contractual and legal claims that result from these Terms of Use and use of the service provided by Lifestream. In all other cases Lifestream explicitly accepts no liability. This particularly applies to any loss of data that has not been caused by willful intent on the part of Lifestream and/or its employees.

§ 5 Term of Contract and Termination

5.1 The contract of use is concluded for an unlimited period of time.

5.2 Either party may terminate this contract at any time without having to state reasons.

5.3 Lifestream is also entitled to cancel membership at any time for a good reason. A good reason in particular is if the user has violated these Terms of Use or applicable law.

§ 6 Data Protection

6.1 Lifestream offers every User an opportunity to make data and information stored in supported Web 2.0 services entirely or partially available to other Users. Lifestream draws attention to the fact that the publication of data from the user profiles in Web 2.0 services may, inter alia, involve privacy risks. The making available of such information is at the Users' own risk.

6.2 Apart from that, Lifestream respects the privacy of its Users. Lifestream treats the personal data of its Users, made available to it direct, as confidential and only makes such data available to third parties if this conforms to applicable law or the User has consented to data being passed on. Details concerning data protection when using Lifestream are contained in the Data Protection Regulations.

§ 7 Referrals and Links

Lifestream has no influence whatsoever on the current or future design, content, or authorship of the linked sites. For this reason Lifestream explicitly dissociates itself from all content on all linked sites. This shall apply to all links and references placed on its own website and to any third-party entries. With regard to any illegal, erroneous or incomplete content, and particularly any damage or loss that may result from use or any information not disclosed in such a way, liability is held solely by the owner of the site to which the link pointed, and not the party that merely points to the respective publication in links.

§ 8 Copyright and Distinctive Mark Law

The copyright for published items created by Lifestream itself remains solely with Lifestream. Duplication and use of such graphics, sound documents, video sequences, and texts in other electronic or printed publications is not permitted without Lifestream's explicit consent.

§ 9 Final Provisions

9.1 In the event of disputes in connection with the Lifestream website German law shall apply and the UN Convention on Contracts for the International Sale of Goods shall not apply.

9.2 Merchants, public law entities and special public corporations shall be subject to the jurisdiction of Bremen courts.

9.3 If individual clauses of these Terms of Use should be or become entirely or partially invalid, this shall not affect the validity of the other Terms of Use. If any provision should be invalid, a provision shall apply that commercially comes as close as possible to the spirit and meaning of the invalid provision. The same shall apply to any provisions omitted.

Correct at: July 2008