for using the service Bee-seeks-Stork
1. Service and operator
The service Biene-sucht-Storch, available at https://biene-sucht-storch.com, (hereinafter the “Service”) is an service of BISUSTO UG (haftungsbeschänkt), Bronsartstr. 12, 30161 Hannover (hereinafter the “operator”).
2. Coverage and General Information
2.1 By registering with the service (see also paragraph 4.) the user accepts the present Terms and Conditions for using the service (hereinafter referred to as “the Terms of Service”). The operator provides the service solely on the basis of the terms of service at the time of the user registration valid version.
2.2 The service, its content and the visible part of the service data, are available for the user only for purely private or non-commercial purposes. Any use for other purposes, particularly for industrial or commercial purposes is prohibited.
2.3 Users of the service can only be people of legal age (over 18 years). People under 18 years can not use the service. By registering with the service (see para. 4), the user assures to be at least 18 years old.
3. Performance of the service
3.1 The service is an internet exchange for customers looking for contact. The operator offers the user access to his database. This database enables the user to establish contacts with other members. This database also contains profiles and information about other users. The users can view the profiles of other users in the database and be contacted by them to a limited extent as well as create their own profile including photo and other images and upload it to the database. The customer only appears to other members under an anonymous desired name. Every user is also a customer of the operator, since it is not possible to use the service without paying membership. The operator is free to temporarily offer the membership free of charge, to extend it or to grant discounts.
As a paying member, all functions implemented in the service are generally available to the user until the end of the term of their paid membership. For example, a member has access to the service’s messaging system and can write messages to other members free of charge. In addition, a member can take part in the discussion on current topics in the service’s own forums and exchange ideas with other participants. Furthermore, a member can invite other users and advertise them as new members. Once the new membership has been booked and paid for, the advertising user will receive a free extension of their existing membership for another month as a thank you. The extension is limited to a maximum of one month, regardless of how many new members were successfully recruited.
3.2 The operator does not promise successful contact with other users of the service. The subject of the contract is also not a matchmaking or marriage brokerage. Subject of service is only procuring the opportunity to communicate with the users of the service.
4. Subject of the Membership Agreement and contracts
4.1 The subject of the usage contracts is the use of the services by the user for the duration of the selected membership. The use of the service is only possible after prior registration by the user and acceptance of the registration by the operator.
4.2 The description of the memberships, their scope of services and the prices of the memberships can be found in the representations in the context of the service.
4.3 The possibility of using the offered service or the possibility of logging in or registering for the service – whether free of charge or for a fee – is non-binding and in particular does not constitute a binding offer by the operator to conclude a corresponding usage contract. Rather, it is to be seen as a request to the user to submit an offer to conclude a usage contract. Upon completion of the respective registration or order process by the user on the service’s internet portal, the user submits a binding offer to conclude the contract (temporary membership) for the use of the service. The operator can accept this offer from the user by sending a separate email or by providing the corresponding service within three working days, otherwise the user is no longer bound by his offer. Only by this acceptance the contract between the user and the operator is concluded. The operator is not obliged to conclude the contract. The operator may refuse to accept the registration or order (conclusion of the contract) without giving reasons.
4.4 The user must first register with the service with his personal data. The user then has the option of ordering a paid membership.
5. Right of withdrawal
Consumers in terms of § 13 of the Civil Code (BGB) have a right of cancellation as follows:
Right of withdrawal
You have the right to withdraw this contract within fourteen days without providing a reason. The withdrawal period is 14 days from the date of conclusion.
To exercise your right of cancellation, you have to inform us (BISUSTO UG (haftungsbeschränkt), Bronsartstr. 12, 30161 Hannover, Phone: +49 511 51547230, E-mail: firstname.lastname@example.org) with an explicit statement (e.g. by letter, fax or e-mail) about your decision to withdraw from this contract. You can sure use the attached model withdrawal form, which is not mandatory.
To meet the withdrawal deadline, it is sufficient that you send your notice concerning the right of withdrawal before the withdrawal period.
Consequences of the withdrawal
If you withdraw from this contract, we will reimburse all payments we have received from you, including the shipping costs (with the exception of the additional costs arising from the fact that you have chosen a type of delivery other than that offered by us, which is cheapest standard shipping) immediately and at the latest within fourteen days from the date on which the notification about your cancellation of this contract with us has been received. For the repayment, we use the same method of payment that you used in the original transaction, unless you explicitly agreed otherwise; in no case will you be charged any fees for this repayment.
If you required that the services began during the withdrawal period, you will have to pay us a reasonable amount in the proportion of up to that point, to which you informed us of your withdrawal of this contract, services rendered compared to the total amount for the contract provided equivalent services.
End of the revocation instruction
Sample withdrawal form
(If you would like to cancel the contract, please fill out this form and send it back to us.)
– To [BISUSTO UG (haftungsbeschränkt), Bronsartstr. 12, 30161 Hannover, E-Mail: email@example.com]:
– Hereby give I / We the notice to withdraw from my / our (*) concluded contract for the purchase of the following products (*) / the contribution of the following services (*)
(* Please indicate the membership name here)
– Ordered on (*)/delivered on (*)
– Name of the customer(s)
– Address of the customer(s)
– Signature of the customer(s) (only via communication on paper)
(*) delete as applicable
6. Obligations of the user
6.1 When registering for membership, ordering a membership and creating the user profile, various information is requested from the user. This can be both mandatory and optional information. The user assures that the information provided by him is complete and correct in every case, and that in particular the by him provided contact information is valid and assigned to him. The user is obliged to immediately adapt changes to the mandatory information he has provided in the profile.
6.2 The user is obliged to keep his access data secret for using the service. In particular, users are prohibited from disclosing their access data to third parties or from allowing third parties to use the services with their access data. If the user has justified reason to suspect that a third party might have gained knowledge of his access data, he must inform the operator of this immediately and change his password.
6.3 As part of using the service the user has to refrain from the following:
6.3.1 The reproduction, display or other indication of contact data (e.g. telephone number, addresses, e-mail addresses, etc.) or other information (e.g. links to profiles of the user on other social networks or other services, usernames on other social networks or other services, etc.) visible to other users of the service.
6.3.2 Any use of the service, its content or the data that can be viewed within the framework of the service for industrial or commercial purposes, in particular any contact with or other addressing of other users of the service within the framework of the service for the aforementioned purposes.
6.3.3 Systematically read or copy or otherwise export the contents of the service or data of the users of the service in order to use them outside the service.
6.3.4 Activities and the publication of contents of any kind that violate the law, infringe third party rights or violate the principle of protection of minors. In particular, the following actions are prohibited:
– the posting, distribution, offering and advertising of pornographic, data protection law and / or other law violating and / or fraudulent content, services and / or products;
– the use of content that offends or defames other users or third parties;
– the use, provision and distribution of content, services and / or products that are legally protected or encumbered with third-party rights (e.g. copyrights).
6.3.5 Regardless of a possible violation of the law when posting your own content as part of the service and in communications with other users (for example, by sending personal messages, by participating in discussion forums or writing guestbook entries) the following activities:
– the spread of viruses, Trojan horses and other malicious files;
– the sending of junk or spam mails as well as chain letters;
– the dissemination of offensive, sexually influenced, obscene or defamatory content or communication of such content as well as communication that is / is suitable to promote or support (explicitly or implicitly) racism, fanaticism, hatred, physical violence or illegal acts;
– harassment of other participants, e.g. through multiple personal contact without or against the reaction of the other user as well as promoting or supporting such harassment;
– asking other users to disclose passwords or personal data for commercial or unlawful or illegal purposes;
– the dissemination and / or public reproduction or providing public access of content available within the framework of the service, insofar as this is not expressly permitted by the respective author or is expressly made available as functionality within the scope of the service.
6.3.6 Any action likely to affect the smooth operation of the service, in particular to place undue burdens on the operator’s systems.
7. Availability of the service
The service is operational 24 hours a day, seven days a week with an average monthly availability of 98%. This does not apply to downtime due to maintenance and software updates as well as times in which the web server cannot be reached via the Internet due to technical or other problems that are not within the operator’s control (force majeure, third-party fault, etc.). If it is foreseeable for the operator that downtime for maintenance and software updates will last longer than three hours, the operator will inform the customer at least three calendar days before the start of the respective work.
8. User content
8.1 Users can customize their user profile under the present terms of service as they wish. Here the limitations of the point. 6 are to be respected.
8.2 By posting content within the scope of the service, the user grants the operator a free and transferable right of use of the respective content, in particular
– to store the content on the operator’s server and publish it, in particular to make it publicly available (e.g. by displaying the content on the Internet as part of the service),
– for processing and reproduction, as far as this is necessary for the provision or publication of the respective content, and
– for the granting of rights of use to third parties, including for remuneration, in the context of the use of the service.
The above right of use expires if and as soon as the user removes the content he has posted from the service. However, the operator remains entitled to keep copies of the content made for backup and / or verification purposes. The previously granted rights of third-party users to use the users content also remain unaffected.
8.3 The user is solely and fully responsible for the content he has posted. The operator does not check the content for completeness, correctness, legality, topicality, quality and suitability for a specific purpose. The user assures the operator and is responsible for the fact that he is the only person authorized to dispose of the content posted by him, in particular that he is entitled to grant the operator the rights granted here and that he has not made or will not make any disposition contrary to the contractual rights granted. The user releases the operator from all claims by third parties in connection with the contractual use of the content, including the cost of adequate legal defence,alternatively, he compensates him. This does not apply if the user is not responsible for the infringement.
8.4 The operator reserves the right to refuse the posting of content by the user and / or to edit, block or remove already posted content (including private messages, guest book entries and other communications) without prior notice, provided that the posting of the content by the user or the posted content itself constitutes a violation of no. 6 of the Terms of Service or there are specific indications that there a serious violation of no. 6 of the Terms of Service will come. In doing so the operator will take the legitimate interests of the user into account and choose the mildest means to avert the violation.
9. Duration and termination of usage contracts
9.1 The membership runs for a certain time and can be canceled by the user at any time. The operator can terminate the membership with a notice period of 14 calendar days to the end of the month by email.
9.2 Memberships are offered with terms of 1, 3 and 6 months. Details can be found in the respective product description. Decisive for the beginning of membership is acceptance of the user’s registration by the operator (conclusion of contract).
9.3 The right of the parties to terminate the contract for good cause is not affected by the above termination regulations.
9.4 When the termination takes effect, the contractual relationship ends and the user is no longer allowed to use the access in accordance with the contract. The operator is entitled to block the user name and password when the termination takes effect.
9.5 The operator is entitled to irretrievably delete all data created by the user in the course of using the service within 30 calendar days after the termination takes effect and after the expiry of any statutory retention periods.
10. Blocking of access
10.1 The operator can temporarily or permanently block the user’s access to the service if the user violates or has violated these terms of service and / or applicable law, or if the operator has any other legitimate interest in blocking. When deciding whether to block, the operator will take the legitimate interests of the user into account.
10.2 In the event of a temporary or permanent block, the operator blocks the access authorization and notifies the user of this by email.
10.3 In the event of a temporary blocking, the operator reactivates the access authorization after the blocking period has expired and notifies the user of this by e-mail. A permanently blocked access authorization cannot be restored. Permanently banned users are permanently excluded from participation in the service and are not allowed to log in to the service again.
11.1 The following payment methods are available for payment:
At the end of your booking, you will be redirected to the secure SOFORT payment form to carry out the transfer. Registration is not required. Your data will be transmitted encrypted and the transfer will be carried out directly.
We accept Visa, Mastercard and American Express. Your credit card will be charged upon conclusion of the contract (acceptance of the registration). The payee is shown on the statement:
11.2 Users are not entitled to set off against claims of the operator, unless the counterclaims of the user are legally established or undisputed. The user is also entitled to set off against claims of the operator if the user asserts counterclaims from the same contract. The user may only exercise a right of retention if his counterclaim arises from the same contract.
12. Liability of the operator
12.1 In the event of willful and grossly negligent breach of duty, the operator is liable – regardless of the legal reason – in accordance with the statutory provisions.
12.2 In the case of simple negligence, the operator shall only be liable for damages resulting from the breach of an essential contractual obligation. Essential contractual obligations are those whose fulfilment enables the proper execution of the contract in the first place and on whose compliance the user regularly trusts and may rely on. In the event of a breach of essential contractual obligations, the obligation to pay compensation is limited to the typically occurring damage that was foreseeable when the contract was concluded.
12.3 The limitation of liability in accordance with 12.2 does not apply if it concerns damage to life, limb or health as well as claims under the Product Liability Act, or if a defect was fraudulently concealed or a guarantee was given for the quality.
12.4 The above exclusions and limitations of liability apply to the same extent in favor of the organs, legal representatives, employees and other vicarious agents of the operator.
14. Changes to the Terms of Service
The operator reserves the right to change these terms of service at any time with effect also within the existing contractual relationships. If the operator intends to change these terms of service, the operator will inform the user of this at least six weeks before the changes are planned to take effect.If the user does not object within six weeks (objection period) from receipt of the notification of the change, the change is deemed to have been effectively agreed upon expiry of the objection period. The objection must be made by email or in writing. The operator will point out this consequence separately in the change notice. If the user exercises his right of objection, the request for change is deemed to have been rejected. The treaty will then continue without the proposed amendment. The right of the contractual partners to terminate the contract remains unaffected by this.
15. Concluding provisions
15.1 These Terms of Service and the entire legal relationship between the operator and the user are subject to the law of the Federal Republic of Germany. If the user has submitted his registration for membership or his order for membership as a consumer within the meaning of § 13 BGB and at the time of his registration or order has his habitual residence in another country, the application of mandatory legal provisions of this country remains unaffected by the choice of law made in sentence 1.
15.2 Should individual clauses of the contract or the terms of service be or become ineffective in whole or in part, this shall not affect the validity of the remaining provisions of the contract/terms of service.