General terms and conditions of business
§ 1 Scope of application, subject matter
(1) The Ambassador App is a service for professional and private networking within each member club of the Ambassador Club (AC), as well as between members of different Regional Ambassador Clubs (RAC). We, the operators of the Ambassador App, are the
Phone: +49 (0) 170 49 805 94
Register court: Local court Darmstadt, HRB 97983
(2) These terms and conditions apply between the users before Ambassador App and us and govern the use of Ambassador App.
(3) Use prior to Ambassador App is governed exclusively by the following terms and conditions.
§ 2 Account, User Agreement
(1) We offer members of Ambassador App free of charge the opportunity to install the App, create a user account and use the App to communicate with other registered users.
(2) Only members of full age are entitled to purchase and use the App. Each user may register only once and create only one account.
(3) In order to register with Ambassador App, the user sends personal information truthfully and completely ("user data") using the App's registration form. When registering, the User shall choose, among other things, a valid e-mail address and a sufficiently secure password, ideally consisting of at least 16 characters (preferably mixed with numbers, letters and special characters as well as upper and lower case).
(4) By clicking the "Submit" or "Register" button, the user submits an offer to enter into a contract for the use of the Ambassador App ("User Agreement"). We will then verify the data transmitted to us. If we believe that the person registered fits our network, we will accept him or her as a user. In this case, we will send the user the registration confirmation by e-mail, which will bring about the usage contract. There is no legal right to access the Ambassador App. The decision is at our discretion.
(5) After successful registration the user can complete his profile with further information (e.g. pictures, professional activity etc.).
(6) We do not have the possibility to check the data provided by users for accuracy and therefore do not take responsibility for the accuracy and/or completeness of user data. However, we reserve the right to check user data on a random basis and, for example, to request appropriate proof of the identity and age of the user. In case of changes in user data, the user must update his account immediately.
(7) Every user must keep his password strictly confidential. Should third parties gain unauthorised access to a user's account or users have evidence of misuse of the account, the user must inform us immediately and change his access data.
(8) We make the Ambassador App available for use in its current form and function. We do not guarantee the availability of the system or assure minimum availability. The availability of the system may be partially or completely limited for various reasons.
§ 3 User Responsibilities
(1) Every user is obligated to comply with applicable laws and all third-party rights when using Ambassador App.
(2) All data provided is for "internal" use on Ambassador App only. Storage or disclosure of information to third parties is not permitted.
(3) It is especially prohibited for any user,
insulting or obscene content, means of propaganda, right-wing or left-wing radical views, characteristics of unconstitutional organisations, incitement of the people, Auschwitz lies, incitement or instruction to commit crimes, content glorifying war or violence, depiction of violence, threats, violation of human dignity, promotion or advertising of drugs, narcotics or illegal substances of any kind in overt or covert form, as well as publishing punishable content of any kind, harassing other users unreasonably (in particular through spam) (cf. § 7 Law against unfair competition UWG),
to use content protected by law (e.g. by copyright, trademark, patent, design or utility model law) without being entitled to do so, or to advertise, offer or distribute legally protected goods or services
engage in or promote anti-competitive activities, including progressive customer acquisition (such as chain, snowball or pyramid schemes); and
to refrain from the following harassing actions, even if they do not specifically violate any laws
Sending chain letters,
Implementation, advertising and promotion of structural sales measures (such as multi-level marketing or multi-level network marketing),
offensive or sexually explicit communication (explicit or implicit),
Use of mechanisms, software or scripts in connection with the use of our network,
Blocking, overwriting, modifying, copying, except as necessary for proper use of the network; for example, copying through "robot/crawler" search engine technologies is not necessary for proper use of Ambassador App and is expressly prohibited,
Distribution and public display of content from the Ambassador App or from other users
To compile or transmit false information,
any action likely to interfere with the functionality of the Ambassador App, including, but not limited to, overloading, attacking or manipulating it,
Impairment of the reputation of the Ambassador App and the services offered there by the presence of the user (e.g. if after registration of the user it turns out that the member has been convicted of an intentional criminal offence and other users are aware of this conviction)
advertising for associations or communities - or their methods or activities - that are under surveillance by security or youth protection authorities
injury to one or more other users, or
Membership in a sect or a denomination that is controversial in Germany,
Distribution of commercial advertising messages of any kind from or for companies, products etc.
(4) A violation of the aforementioned obligations usually leads to the deletion of the corresponding contents or the user account. We decide on this at our own discretion.
§ 4 Granting of rights to user content
(1) By uploading content to the Ambassador App, the user grants us free of charge the unlimited right, in terms of time, space and content, to use the content non-exclusively for the purpose of operating the Ambassador App, including reporting and public relations work about the Ambassador App in all media (Internet, television, radio, books, newspapers, magazines) as well as the right to edit or redesign the contents for the above-mentioned purposes at any time - without giving reasons - to translate them into any language, to shorten them appropriately, to change them editorially or to combine them with other contents.
(2) We have the right, but not the obligation, to delete, move or edit profiles, photos, messages or other materials that, in our discretion, violate the above Code of Conduct or other relevant content guidelines or otherwise appear unacceptable.
§ 5 Liability for user content
(1) We do not adopt user content (texts, profile pictures, descriptions, videos, music, etc.) as our own and accept no responsibility for the content provided by users in the Ambassador App, nor for external content to which a user links. Users are responsible for the content they upload to the Ambassador App and may only upload content to their account that they are authorized to use.
(2) We are not required by law to monitor user content or investigate circumstances that indicate illegal activity. However, should we become aware of any illegal activity by a user or information within Ambassador App, we will investigate whether the allegations are well-founded and then decide on a possible deletion of the content or alternative measures.
(3) The user guarantees us that he/she has acquired all rights to the content uploaded by him/her. If user content infringes the rights of third parties and if the third party asserts claims against us, the user shall indemnify us from all claims that the third party asserts against us due to the infringement. The user shall leave the legal defence to us at our request and shall assume all costs incurred by us, including the reasonable costs incurred for the legal defence. All further rights and claims for damages on our part remain unaffected. The user has the right to prove that we have actually incurred lower costs.
(4) In the event of an infringement of third party rights by user content, the user shall immediately discontinue the content that is contrary to the contract and/or illegal upon our request.
§ 6 Liability
(1) We are liable for injuries to life, body and health caused by our negligent or intentional breach of duty or that of our legal representative or vicarious agent, or for other damages caused by our grossly negligent or intentional breach of duty or that of our legal representative or vicarious agent, as well as for claims based on the Product Liability Act.
(2) We shall also be liable for the culpable breach of material contractual obligations, i.e. obligations whose fulfilment is essential for the proper execution of the contract and on whose compliance the contractual partner may regularly rely.
(3) In addition to the liability mentioned in paragraphs 1 and 2, we exclude any liability, in particular in the event that
Users who use Ambassador App in violation of these terms,
The Ambassador App is not available without interruption or fails,
third parties gain unauthorised knowledge of personal data of members (e.g. as a result of unauthorised access to the database).
§ 7 Property rights
(1) The Ambassador App and websites, their programming, content, design and structure are subject to copyright, trademark and competition laws. Copyright notices and brand names may not be changed or removed.
(2) Reproduction, distribution, making available for retrieval or online access (transfer to other services) of our services, the layout of the website or App, its contents (texts, images, programs) in whole or in part, in modified or unmodified form is only permitted with the prior written consent of the website operator.
§ 8 Data protection
§ 9 Termination of the User Agreement
(1) We can terminate usage contracts with a notice period of two weeks to the end of a calendar month (e-mail, text form, fax).
(2) We can terminate the user contract without notice if there is an important reason in the person of the user. An important reason exists in particular if
a user provides incorrect information within the rating system,
a user has provided incorrect or incomplete information during registration,
a user violates contractual obligations.
(3) The contract of use also ends when the user deletes his account.
(4) The cancellation / termination of the user contract does not affect any bookings made between users among each other or between users and us or any other obligations entered into.
§ 10 Amendment of the terms and conditions
We reserve the right to change these general terms and conditions at any time without giving reasons, unless this is not reasonable for the user. We will notify users of changes to the general terms and conditions by e-mail. If the user does not object to the validity of the new terms and conditions within six (6) weeks after notification, the amended terms and conditions shall be deemed accepted by the user. We will inform the user in the notification of his right to object and the significance of the objection period.
§ 11 Place of jurisdiction, place of performance, choice of law
(1) Place of performance is our registered office in Darmstadt. If a user does not have a general place of jurisdiction in Germany or is a merchant within the meaning of the German Commercial Code (HGB), the place of jurisdiction for all disputes arising from the contract of use or bookings shall be our registered office in Munich. We are also entitled to sue users at their general or special place of jurisdiction.
(2) German substantive law shall apply to the exclusion of the UN Sales Convention. If the respective contract is a consumer contract, the user can always also invoke the protection of the mandatory provisions of the law that would be applicable without the present choice of law clause.
§ 12 Final provisions
(1) Should individual provisions of this contract be invalid and/or this contract incomplete, this shall not affect the validity of the remaining provisions. The invalid and/or incomplete agreement shall be deemed to be replaced by an agreement which comes closest to the invalid agreement or the missing agreement in terms of its economic effect.
(2) The user shall only be entitled to offset a counterclaim against us if his counterclaim has been legally established, acknowledged by us or is undisputed. The user can only exercise a right of retention if his counterclaim is based on the same contractual relationship.
(3) Any general terms and conditions of a user that conflict with these general terms and conditions of business are invalid.
Status: Darmstadt, 23.07.2020