1.1 These terms and conditions apply to all users of the services offered by BIZ Factory GmbH in Munich related to the site under the www.temstory.com, regardless of the platforms and devices the Services is carried out. he subject of the contractual relationship is the use of this Service and the sites, functions and performances offered as part of the Service, regardless of the domains, systems, platforms (e.g. web or Facebook) and devices (e.g. desktop or mobile) on which the Service is carried out.
1.2 By using our website, you accept these terms and conditions in full. If you disagree with these terms of service or any part of these terms of service, you must not use our website and services.
1.3 The use of our service is forbidden for minors below the age of 14. Minors need a prior consent of their legal representatives before using our service.
2.1. A contractual relationship with us is established upon the completion of the registration procedure or the registration procedure provided by our third party partners.
2.2. The user may receive information about our service or advertisements relating to our service by e-mail if the user explicitly allows us to send him e-mails for advertisement and information purposes. The e-mail subscription may be cancelled by the user at any time by activation of the cancellation link provided within the advertising e-mail or by contacting us directly (see §18 Contact).
2.3. We may also send you service-related emails for account verification, invitations of other users, technical updates of our service or legal updates of our service.
3.1 The user must not use our service and its related sharing functions for spamming, insulting or stalking other natural or legal persons.
3.2 We have the right remove non-relevant content or content related to political or religious topics.
3.3 We reserve the right to restrict the functions provided to the user in general or individual cases.
3.4 We reserve the right to restrict the service’s functionality of affiliate and similar advertising links placed by users and prohibit it’s use.
3.5 We also reserve the right to throttle connections (limit the number of requests by the user to our service) to maintain server availability and general availability of our services (e.g. in high load situations).
3.6 Full access to our services is only provided to registered users. Incomplete registrations may be deleted within two weeks.
4.1 The BIZ Factory GmbH is liable for intent and gross negligence. Liability for slight negligence is excluded, unless the liability for damages resulting from the loss of life, limb or health,claims under the Product Liability Act,Guarantees or contractual obligations (cardinal obligations) are affected. The liability for violation of a contractual obligation is limited to the contract-typical damage BIZ Factory had to expect during the conclusion of the contract due to the circumstances known at that time. These limitations apply to agents and legal representatives of BIZ Factory GmbH.
4.2 The BIZ Factory GmbH (Service Provider) is neither responsible nor liable for user-generated content or for linked content on other websites.
4.3 The content is provided for entertainment and communication purposes only. All stories generated by our service are fictional and should be seen as such. It comes with no guarantee of accuracy or usability of information and/or advice. Such content is to be understood as non-binding information.
4.4 The user is responsible for comments on his stories.
5.1 We are not liable for advertisers listed within our service or advertisements placed within our service. We are not liable for loss or damage of data or personal user information, arised by the advertisers actions.
5.2 The user's interaction with third party services provided through our service services is subject of to the terms of service of the third party.
6.1 The user grant us and all other persons or entities involved in the operation of the service the right to transmit, monitor, retrieve, store, and use the user's information in connection with the operation of the service and in the provision of services to the user. We cannot and do not assume any responsibility or liability for any information you submit, or your or third parties’ use or misuse of information transmitted or received using website.
6.2 If the user is planning to take legal action against us or our services, the user shall notify us to give us an opportunity to stop using these rights.
7.1 The user is permitted to use our input masks and interfaces provided within our service.
7.2 Excessive use above a normal level is prohibited.
7.3 The user must not use our Service in any way that causes our service or any access to it to be interrupted, damaged or impaired in any way.
7.4 The service must not be used in connection with criminal offence or unlawful activities, which breach the laws of these terms of service or related terms of services from our service partners.
8.1 If the user does not act in a way confirming our terms of service or uses our service in connection with criminal offence, breaching third-party rights, public morality or unlawful activities, we are allowed to delete the user's account and account related content (in partial or complete) without any prior warning. We are also allowed to restrict the use of our applications and services, as well as blocking the user or the permanent revocation/termination of the rights of a user, possibly linked to an exclusion order.
9.1 The users agrees to defend, indemnify and hold harmless the Operators, agents, vendors or suppliers from and against any and all claims, damages, costs and expenses, including reasonable attorneys' fees, arising from or related to your use or misuse of the Website, including, without limitation, your violation of these Terms and Conditions, the infringement by you, or any other subscriber or user of your account, of any intellectual property right or other right of any person or entity.
10.1 We grant the user a limited, revocable, non-exclusive, non-assignable, non-transferable, non-sublicensable license for publishing of any content made available for publishing by the users interaction with our services, conform to our terms of service. The user warrants that he will use his published content solely within its own publish site. All data collected by us in relation with the users publishing action are reserved by us.
10.2 The user agrees that his published content is ad-supported. We may add any advertising materials or use user generated content for any advertisement, promotion or marketing purposes.
11.1 The user of the service may revoke his contract at any time on the free-of-charge plan.
11.2 It is sufficient to send the revocation by email or in written form to: BIZ Factory GmbH, Kreittmayrstraße 21, 80335 Munich, Germany, Email: [email protected] marketing purposes.
11.3 In case of revocation or contract termination, the user is responsible for saving his data before your contract expires.
11.4 Posts and comments or other comparable content will remain within the Service out of consideration for other users if this is required. This is meant to ensure that the context of conversations are not lost or inverted. The user can quote a removal individually on request.
12.1 We cannot provide 100 % service availability (e.g. due to high load scenarios, technical fixes, service update intervals and operational problems). But we take measures to provide the maximum availability of our service possible.
12.2 Consecutive from 12.1 we are not liable for damage taken by our service not being available.
THE WEBSITE AND ASSOCIATED MATERIALS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, THE OPERATORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. THE OPERATORS MAKE NO REPRESENTATIONS OR WARRANTY THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS, OR THAT YOUR USE OF THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DO THE OPERATORS MAKE ANY REPRESENTATION OR WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE. THE OPERATORS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE WEBSITE. IN NO EVENT SHALL THE OPERATORS OR ANY OF THEIR AGENTS, VENDORS OR SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION) ARISING OUT OF THE USE, MISUSE OF OR INABILITY TO USE THE WEBSITE, EVEN IF THE OPERATORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. YOU UNDERSTAND AND AGREE THAT ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA OR BUSINESS INTERRUPTION THAT RESULTS FROM THE DOWNLOAD OF CONTENT. THE OPERATORS SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED, OR ALLEGED TO HAVE BEEN CAUSED, DIRECTLY OR INDIRECTLY, BY THE INFORMATION OR IDEAS CONTAINED, SUGGESTED OR REFERENCED IN OR APPEARING ON THE WEBSITE. YOUR PARTICIPATION IN THE WEBSITE IS SOLELY AT YOUR OWN RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE OPERATORS OR THROUGH THE OPERATORS, THEIR EMPLOYEES, OR THIRD PARTIES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. YOU ACKNOWLEDGE, BY YOUR USE OF THE THE WEBSITE, THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. LIABILITY LIMITATION. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, SHALL THE OPERATORS OR ANY OF THEIR AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO USER OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE THE WEBSITE OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE WEBSITE OR FOR ANY INFORMATION OBTAINED THROUGH THE WEBSITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OR CORRUPTION OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF THE OPERATORS HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. THE OPERATORS'S TOTAL CUMULATIVE LIABILITY FOR ANY AND ALL CLAIMS IN CONNECTION WITH THE WEBSITE WILL NOT EXCEED FIVE U.S. DOLLARS ($5.00). USER AGREES AND ACKNOWLEDGES THAT THE FOREGOING LIMITATIONS ON LIABILITY ARE AN ESSENTIAL BASIS OF THE BARGAIN AND THAT THE OPERATORS WOULD NOT PROVIDE THE WEBSITE ABSENT SUCH LIMITATION.
14.1 Temstory servers are state-of-the-art and properly secured. The user knows, however, that for all participants, the risk of data communication can be intercepted during transmission. The confidentiality of data transferred in the context of temstory cannot be guaranteed.
14.2 The service’s privacy statement can be found under www.temstory.com/privacy
15.1 We reserve the right to extend, change or limit functions of our service at any time
under these conditions:
(a) if the changes serve to comply with compelling legal or regulatory judgments
(b) if the changes serve to adjust the services with applicable law, in particular changes of applicable law
15.2 Modifications from the Terms of Service apply only if confirmed by BIZ Factory GmbH in written form.
15.3 Changes in our Terms of Services are communicated in written form or email. If the users of our services do not contradict within two weeks after receipt of the notification, the changes apply and the changes are agreed by the user.
16.1 The relationship between the BIZ Factory GmbH (service provider), the users and
Facebook is determined by the terms and conditions of Facebook:
16.2 Facebook cannot be claimed for usage related to our services.
16.3 The users acknowledge that our services are not sponsored, supported or organized by or associated with Facebook.
17.1 A partial or full transfer of the rights of the user from the contract with BIZ Factory GmbH is impossible to third parties.
17.2 The user is only allowed to balance against BIZ Factory GmbH with undisputed or legally valid counterclaims.
17.3 For contracts with merchants, German law applies exclusively.
17.4 The law of the Federal Republic of Germany excluding the UN sales law. Jurisdiction for all litigation is Munich/Germany. BIZ Factory GmbH is entitled to sue at the general jurisdiction of the user.