The Last Media UG (haftungsbeschränkt) (hereinafter: Linkly) runs an interactive online platform on the Internet address linkly.co (hereinafter: linkly.co). The platform grands the possibility to add several URLs to the user's Profile which can than be shared via only one link. There is also the possibility to create redirecting URLs (URL Shortener). The online offer of linkly.co is primarily intended for individuals, besides also for business customers (hereinafter: Member or user).
If you are younger than twelve (12) years old, you may not register with Linkly. Also if you are not fully aware about the consequences of the publication of your personal data on the Internet, you can not log in to Linkly you. Because the publication of your personal data on the Internet requires your prior consent. In order to explain this consent independently, you have to have a certain capacity for insight and personal maturity. So you have to be able to assess the meaning and scope of consent to data processing.
The term "data processing" includes the collection, storage, modification, transfer, blocking, erasure and benefits of your personal data, in particular the publication of your personal data on the Internet. Personal information is any information about your personal circumstances (eg. As name, age, location, pictures, etc.).
You do not have the required ability to understand the meaning of a registration on linkly.co if you are not twelve (12) years old.
1.1 When registering as a member of linkly.co, the user must actively agree to the validity of these General Terms and Conditions (hereinafter: GTC) in a field provided for this purpose. Before concluding the registration, the user has the opportunity to take note of the terms and conditions of the GTC in detail, to print them out and / or to save them. Deviating conditions of users who are in conflict with these terms and conditions do not apply.
1.2 Unless explicitly regulated by these terms and conditions and / or on the individual internet pages of linkly.co, these terms and conditions apply to the use of all offers, contents, functions and other services (in the hereinafter summary: applications) of linkly.co.
1.3 For the use of individual services of third parties (cooperation partners, eg operators of mobile phone shop, fan shop, video portal, etc.) deviating and / or additional conditions of third parties may apply. In such cases, the member is informed of deviating and / or supplementary conditions of third parties. The use of these services is subject to the conditions of the respective cooperation partners.
2.1 With the registration of the user as a member of linkly.co (clause 3), a contract of use between Linkly and the member for whom these GTC apply is concluded.
2.2 Linkly immediately sends an e-mail after registration to the e-mail address provided by the user, with which Linkly confirms the access of the data transmitted with the registration and transmits an activation link. Only with the activation of this activation link does the user agreement between Linkly and the user come about.
2.3 The user does not have the right to conclude a user contract. Linkly may decline membership without giving a reason. In such event, Linkly will promptly delete the information provided by the user in the registration form. The username specified in such case will be blocked for a period of one month to avoid immediate use on linkly.co.
3.1 Individuals can become a member of linkly.co at the age of twelve (12). Traders can join linkly.co if they are fully operational. Linkly is entitled, but not obliged, to verify the age and location of the user by means of appropriate official papers. Each registration as a member requires that the user enters all mandatory fields in the registration form.
3.2 By registering the user assures
that he fulfills the conditions for registration set out in point 3.1;
that all data provided by him on the occasion of the registration and / or subsequent changes (mandatory information and voluntary information) - with the exception of the pseudonym (username) - are true;
that he does not use the linkly.co platform and the data disclosed to him on linkly.co for the purposes of commercial or political advertising or for the purposes of recruitment;
3.3 The member has in his own interest to ensure that the specified e-mail address is correct and allows access to e-mails. Linkly is not liable for any disadvantages arising from the failure to receive messages. Insofar as the personal details of the member (name, e-mail address, etc.) change after registration, the member must make the changes immediately in his personal profile. Linkly assumes no liability for the accuracy of the information provided by users.
3.4 Each member can terminate the use relationship at any time without giving reasons, most simply by deleting their own profile under "SETTINGS" on their own Linkly page, alternatively in writing by e-mail (support[at]linkly[dot]co).
3.5 Linkly may terminate the User Agreement at any time with fourteen (14) days notice. Linkly's right to terminate without notice for cause (deletion of the profile) and the right to suspend or terminate the profile remain unaffected (Section 11).
3.6 When termination takes effect, the user relationship ends and the entire record saved in the member's profile is completely deleted. The username remains stored in isolation for one month after termination and is blocked for further use on linkly.co.
3.7 Linkly has the right to delete profiles of members who have not logged into linkly.co for a period of at least six (6) months.
3.8 The member himself has to take care of a data backup which the member wants. Linkly assumes no liability in this respect.
3.9 Each member is allowed to keep three (3) member profiles. The guiding of multiple profiles is not allowed.
4.1 The member must treat his access data, in particular his password, strictly confidential and may not disclose it to third parties or share it with third parties.
4.2 Should the Member make accessible his access data, in particular passwords, to third parties or otherwise misuse or disseminate them, Linkly shall have the right to temporarily suspend or permanently delete the profile of the member concerned.
4.3 If the member has reason to believe that a third party uses his access data and / or his profile, the member must immediately notify Linkly thereof in writing (letter, e-mail) and linkly all available clues and evidence for such third-party use to submit.
4.4 The Member is solely responsible for the use of his access data, in particular passwords, by third parties or for acts or declarations made via his profile, irrespective of whether this is done fraudulently or not. The full legal member or fully legal member releases Linkly from all related claims of third parties, including the costs of defense of claims (legal fees and court costs) at the statutory amount on first request. This does not apply if the member is not responsible for the use of third parties. Any liability of Linkly for loss or misuse of access data is excluded.
5.1 On linkly.co members can (selection)
6.1 Linkly collects, processes and uses personal data within the framework of the legal provisions (in particular TMG, BDSG). Without further consent, Linkly collects, processes and uses personal data only insofar as this is necessary for the execution of the contract and the use of linkly.co.
6.3 Linkly expressly points out that the data published by members on linkly.co are voluntarily made available to a broad public and can also be indexed by search engines.
6.4 Since absolutely complete protection of data on the Internet against unauthorized access by third parties (hackers) according to the current state of the art is not possible despite Linkly's constant updating of firewalls and other protection devices, the highest possible security standards are not liable for unauthorized knowledge Third party member data unlawfully gaining access to stored data by deliberately overcoming the protection devices used against unauthorized access.
6.5 Linkly is entitled at any time to discontinue the services of linkly.co without stating any reasons wholly or partially with immediate effect and to delete all stored user data. The member is fully responsible for securing the content posted by the member. Linkly assumes no liability in this respect. Liability of Linkly is particularly excluded if any damage suffered by the member is due to the fact that it has not carried out its own data backups and thereby ensured that lost data can be restored at a reasonable cost.
7.1 The liability of Linkly for the accuracy, completeness, timeliness and legality of the data and content posted by private or commercial members (eg profile information, trademarks, company names, products, descriptions, prices, delivery times, applicability, availability, etc. in any form, eg text, photos, graphics files, links, etc.) is excluded. This disclaimer applies in particular if such content infringes intellectual property rights (trademark rights, copyrights, etc.) or personal rights (eg general privacy rights, rights to one's own image, etc.) of third parties. Furthermore, Linkly is not liable for the possible misuse of content posted by members by other members or third parties. As soon as Linkly becomes aware of any infringement in the Content posted by Members or on the linked external sites, Linkly will remove such content and / or links within a reasonable period of time and make all technically and personally possible and reasonable arrangements to avoid identical violations in the future.
7.2 Linkly does not control the content posted by members on linkly.co by way of prior checking. Even a continuous control of these third-party content Linkly is neither possible nor reasonable without concrete evidence of an infringement. Linkly has the right, but no obligation, to check content posted by members or links to external websites for compliance with the terms and conditions and laws and delete the content or links in case of occurred or threatened violations in whole or in part.
7.3 Linkly also has no influence on the content of linked external sites that Linkly itself linked to and whose content was lawful at the time of linking. Also Linkly is not possible a continuous contentwise control of these foreign sides and without concrete indications for a legal offense also not reasonable. As soon as Linkly becomes aware of violations on these third-party sites, such links will be removed within a reasonable period of time.
7.4 Linkly is not liable for the uninterrupted usability or accessibility of linkly.co, nor for technical transmission delays or failures. In particular, Linkly is not responsible for the proper functioning of Internet infrastructure or transmission that is not the responsibility of Linkly or its agents.
7.5 Linkly is not liable for damage caused by force majeure, war, terrorism and nature events or by other events for which Linkly is not responsible (eg strikes, lockouts, power failures, traffic disruptions, orders by the public sector, etc.) ,
7.6 Linkly is liable for damages resulting from injury to life, limb or health in accordance with the statutory provisions. The same applies to damage caused by intent or gross negligence. In the event of a simple negligent breach of a material contractual obligation (cardinal obligation), Linkly's liability is limited to compensation for foreseeable, typically occurring damage. Liability under the Product Liability Act remains unaffected by the above provisions. Incidentally, any further liability of Linkly is excluded.
7.7 To the extent that the liability of Linkly is excluded or limited, this shall also apply to employees, representatives and vicarious agents of Linkly.
8.1 The member assures that the profile information provided by him - with the exception of the pseudonym (username) - is true and that the content he has provided does not violate legal regulations (eg StGB, TMG, BDSG, MDStV, press laws, UWG, HWG, PAngV, JuSchG, etc.).
8.2 The member ensures that all content used by him (eg profile information, texts, photos, graphic files, links, trademarks, company marks, products, descriptions, etc. in any form) is for use on linkly.co and that conflicting rights of third parties (eg personality, trademark, copyrights, etc.) do not exist or are violated in this respect.
8.3 The member ensures the technically flawless condition as well as the virus-free content of his content. Full or full legal members are liable to Linkly for any damages occurred to Linkly through any errors contained in the content it has posted eg. viruses, worms, Trojans, etc.
9.1 The member may use the services of linkly.co exclusively for the intended purposes according to these terms and conditions. All member content on linkly.co is the sole responsibility of the member.
9.2 The member may only post contents (in particular texts, photos, illustrations, signs, symbols, trademarks, company marks, etc. in any form) on linkly.co as far as it has the rights required for publication on linkly.co.
9.3 The member may not provide personal data of other members (eg names, photos, telephone and fax numbers, address data, e-mail addresses, etc.) or personal messages of other members of linkly.co (eg e-mails , Messages, etc.) without the prior express consent of the parties involved neither publish nor make available to third parties.
9.4 The Member may not publish, exchange or otherwise make available to third parties on linkly.co any access data (in particular passwords) including their own access data for linkly.co, postal addresses, codes or serial numbers of any kind; this does not apply to so-called messenger data (eg ICQ, MSN, etc.) and your own private homepage.
9.5 The member may not put links on linkly.co on Internet sides with illegal content.
9.6 The posting of the following contents on linkly.co is not permitted to the member - in any form (eg in his own profile) - propaganda material, signs of unconstitutional organizations, sedition, Auschwitz lie, prompting or leading to criminal offenses, war or violence glorifying content Representation of violence, threat, violation of human dignity, promotion of drugs, narcotics or illegal substances of any kind in an open or covert form, as well as criminal content of any kind.
9.7.1 It is strictly forbidden for members to distribute on linkly.co - in whatever form (eg in their own profile) - erotic images of minors, minors in unnatural postures or pornography of any kind. 9.7.2 The member is strictly prohibited to stop or distribute on linkly.co - in whatever form (eg in their own profile) - images or contents of any kind that imply or show nudity, sexual or pornographic acts. As far as in erotic representations, the sexual character is clearly recognizable and in the foreground, the posting, distribution and publication on linkly.co - in whatever form - is not permitted. The member may not offer, announce, advertise, request or otherwise make available any sexual acts. Linkly reserves the right to change the username (alias) of a member or delete the profile if it contains inappropriate or offensive elements, violates applicable youth protection or may infringe third party rights (list not exhaustive).
9.8 Any unauthorized advertising, in any form whatsoever, including, but not limited to, the posting of commercial content (advertising, personnel recruiting, chain letters, pyramid schemes, competitions, lotteries, pageants, etc.) to other members of linkly.co and the use of personal information Data of other members (in particular names, photos, telephone and fax numbers, address data, e-mail addresses, etc.) for commercial purposes of any kind (in particular advertising) is strictly prohibited to the member.
10.1 Electronic attacks of any kind on the servers / databases / network of linkly.co or on individual users are strictly prohibited. Any electronic attack leads to the immediate exclusion of the responsible member and - as far as legally possible - civil and criminal prosecution.
10.2 Electronic attacks are considered without this list being concluded,
11.1 If the member violates one or more provisions of these Terms and Conditions, in particular one or more of the provisions of paragraphs 3, 4, 5, 8, 9 and 10, Linkly may provide the profile concerned, including all data deposited therein, without providing any information of grounds and to the exclusion of any claims for damages with immediate effect - depending on the seriousness of the breach, in whole or in part, temporarily or permanently - block or delete. With the deletion the utilization relationship ends immediately. If the member is fully legal capable or criminal responsible, the assertion of further claims (eg compensation for damages, omission, etc.) and the reimbursement of a complaint remain reserved.
The full legal member or full legal member puts Linkly of all claims, the third against Linkly, their legal representative (s) and / or vicarious agents because of a violation of the member against legal regulations (eg StGB, TMG, BDSG, MDStV, press laws , UWG, HWG, PAngV, JuSchG, etc.), against third-party rights (eg personal and / or intellectual property rights such as trademarks / copyrights, etc.), or against contractual obligations, assurances or warranties, including costs that are necessary for legal defense (attorney and court costs in the legal amount) at first request freely. The adult or fully legal member is also obliged to assist Linkly in the defense of such third-party claims to the best of its knowledge and belief and to provide the necessary information and / or information for this purpose.
11.3 Contractual penalty
11.3.1 In the event of culpably untrue information about the Company and its offer (clause 8.4), the commercial member is obliged to pay a contractual penalty of at least 500.00 EUR (i.w. five hundred euros) and a maximum of EUR 1,000.00 (i.w. one thousand euros) in each individual case, depending on the seriousness of Linkly's wrongful discretion.
11.3.2 If a member of legal age or fully capable of acting violates culpably one or more provisions of the Section 9.7 (erotic images of minors, pornography),
Section 9.8 (unauthorized advertising, use of personal data of other members for commercial purposes) or
Section 10. (Electronic Attacks) of these Terms,
the member in question shall, in each individual case, depending on the seriousness of the infringement of Linkly, pay determined at its reasonable discretion a contractual penalty of at least EUR 2,000.00 (i.w. two thousand euros) and a maximum of EUR 4,000.00 (i.w. four thousand euros) to Linkly to pay.
11.3.3 If there are more than twenty-four (24) hours between several similar violations of a member, the assumption of a unit of action and the so-called continuation context is excluded. In such cases, the adult or fully legal member forfeits the contractual penalty again with each new infringement. In the case of a dispute, the contractual penalty determined by Linkly in the individual case may be reviewed by the competent court at the instigation of the member.
11.4 In all cases mentioned in clause 11.3 above, the member of full legal capacity or full legal capacity is obliged to make a cease and desist letter to Linkly and to refund to Linkly the costs of the necessary legal action (attorney's fees) at the statutory rate.
11.5 The assertion of further claims to legal or fully capable members, in particular claims for damages, shall remain unaffected.
12.1 Linkly is entitled to transfer the rights and obligations under this Agreement in whole or in part to third parties, in particular to commission third parties with the provision of parts or the entire range of services of its services. The guarantee of the data protection remains untouched.
12.2 The member is not entitled to transfer the rights and obligations arising from the usage in whole or in part to third parties.
Linkly is entitled to change these terms and conditions at any time and without naming reasons. The changed terms and conditions will be sent to the user by e-mail two (2) weeks prior to their entry into force. If the user does not object to the validity of the changed terms and conditions within two (2) weeks after receiving the e-mail, the changed conditions shall be deemed accepted. Linkly will separately inform the user in the email containing the changed terms of the importance of the two-week period. If the user objects to the validity of the amended GTC, Linkly may terminate the existing user relationship with immediate effect, excluding any claims for damages by the user, and delete all data stored under the user's profile. Linkly will also separately notify the user in the email containing the changed terms.
As far as legally permissible, the place of jurisdiction is Bayreuth - Germany. These terms and conditions and the legal relationship between Linkly and the member are subject to the laws of Germany, excluding the provisions of international private law (IPR) and the United Nations Convention on Contracts for the International Sale of Goods (CISG).
Should individual provisions of these terms and conditions be or become ineffective or unenforceable, the validity of the general terms and conditions and the contract of use remain otherwise unaffected. The ineffective or unenforceable provision shall be replaced by the effective and enforceable provision whose effects come closest to the economic purpose pursued by the contracting parties with the invalid or unenforceable provision. The above provisions shall apply mutatis mutandis in the event that the contract proves to be incomplete.