Terms of Use

1. Scope of the Terms of Use

  1. These terms of use apply to the online offer Ocean Rabbit (Ocean Rabbit UG Рhaftungsbeschränkt), which is available on the Internet at oceanrabbit.com. This is a platform on which users can create profiles.
  2. You can access and print out the currently valid terms of use under oceanrabbit.com/terms-of-use.

2. Conclusion of contract and user account

  1. By completing the online registration process, a user contract with the operator is concluded. The subject of the user contract is the free use of the profile.
  2. Creating a profile requires the creation of a user account. This consists of a user name (e-mail address) and a password (“log-in data”).
  3. The creation of a user account is only possible by providing a current, non disposal e-mail address of the user. This e-mail address is also used for communication with the operator and is visible to other registered users within the member area.
  4. Registrations with a disposal e-mail address will be deleted.
  5. The user assures that the data used when creating his profile (“profile data”) is accurate and complete. The use of pseudonyms is not permitted.
  6. The contract language is exclusively English.
  7. In the case of any communication between the user and other users, any contractual relationships arise exclusively between the users involved. The operator is neither a representative nor does he himself become a contractual partner.

3. Use of the profile

  1. When using the profile, the user can use various services:
    1. The user has the possibility to publish his own content (text, images, etc.) within the profile / portal.
    2. The user has the possibility to make direct contact with other users
  2. The operator is entitled at any time to block access to individual contents, e.B. if there is a suspicion that they violate applicable law or the rights of third parties. The user has no claim to the maintenance of individual functionalities of the portal.
  3. The operator makes every effort to ensure trouble-free operation of the portal. This is naturally limited to services over which the operator has an influence. The Operator is at liberty to restrict access to the Portal in whole or in part, temporarily or permanently, due to maintenance work, capacity issues and other events beyond its control.

4. User’s duty to cooperate: Posting content

  1. The user undertakes to observe applicable law (e.B. criminal, competition and youth protection law) when creating and using his own content and not to violate any rights of third parties (e.B. name, trademark, copyright and data protection rights).
  2. The user undertakes vis-à-vis the operator that any content posted on the portal does not violate applicable law or morality by its content or form. The same applies to the setting of external links. In particular, the distribution of content that
    1. Racism
    2. Glorification of violence and extremism of any kind
    3. Incitement and incitement to crimes and violations of the law, threats against life, limb or property
    4. Agitation against persons or companies
    5. Statements infringing the personality, defamation, defamation and defamation of users and third parties as well as violations of unfair competition law
    6. Copyright-infringing content or other infringements of intellectual property rights
    7. sexual harassment of users and third parties
    8. Pornography
    9. offensive, sexist, obscene, vulgar, heinous or disgusting materials and expressionsrepresent, concern or include.
  3. Copyrighted content may only be included verbatim in contributions without the consent of the respective rights holder within the framework of the applicable citation law. Quotations are to be marked by highlighting by means of a quotation function and reference to the source. Foreign-language quotations must also be translated into English so that the content is roughly visible. In particular, contributions that are not correctly quoted can be removed or corrected by the moderators. The distribution and/or public reproduction of any content of the portal without the consent of the operator is prohibited.

5. Further obligations of the user to cooperate

  1. The user may, without the express permission of the operator, use the portal only for private purposes and may not advertise for himself or third parties. This means in particular that the user may not use any message advertising content without the consent of the operator and the recipient (in particular: spam messages).
  2. In the event that the user uses the opportunity to inform third parties about the existence of the portal via the recommendation function provided by the operator, he must ensure that the third party agrees to the sending of the advertising recommendation e-mail.
  3. In the event that the contents contain hyperlinks to third-party sites, the user assures that he has the right to use the hyperlink and that the website to which reference is made (“landing page”) is compatible with applicable law and third-party rights.
  4. The user is obliged to handle the log-in data carefully. Without exception, the user is prohibited from communicating the log-in data to third parties and/or from enabling third parties to access the profile by bypassing the log-in data.
  5. The User must refrain from any activity that is likely to impair and/or excessively burden the operation of the Portal or the technical infrastructure behind it. These include, in particular:
    1. the use of software, scripts or databases in connection with the use of the Portal;
    2. the automatic reading, blocking, overwriting, modification, copying of data and/or other content, insofar as this is not necessary for the proper use of the portal;
  6. It is also infringing and therefore not permitted to remove the anonymity of other users or to disclose information from other users from private messages, e-mails or chats that are not intended for the public. Users may not include or otherwise disclose information in their contributions that could provide information about the identity of another user or that the user has received from other users exclusively in private messages, e-mails or chats.
  7. Should there be disruptions during the use of the portal or its functionalities, the user will inform the operator of this disruption immediately. The same applies if the user obtains information about content published by third parties that obviously violates the applicable law or rights of third parties.

6. Rights of use

  1. The user grants the operator a spatially and temporally unlimited, irrevocable transferable to third parties, non-exclusive, free of charge right to exploit the posted content in the online offer. The operator is entitled to use, edit and exploit the content at any time. This includes, in particular, the right of reproduction, the right of distribution and the right of communication to the public, in particular the right of making available to the public. The user waives the right to name the author. This provision does not affect the possibility of the user to grant third parties rights to posted content according to certain license models.
  2. All rights to the contents of the portal belong to the operator. The user is prohibited from duplicating, distributing and/or publishing content that the operator, other users or third parties have posted on the portal.

7. Liability

  1. Unlimited liability: The operator is liable without limitation for intent and gross negligence as well as in accordance with the Product Liability Act. For slight negligence, the operator is liable for damages resulting from injury to life, body and health of persons.
  2. In all other respects, the following limited liability applies: In the event of slight negligence, the operator shall only be liable in the event of a breach of an essential contractual obligation, the fulfilment of which makes the proper execution of the contract possible in the first place and on the observance of which the user may regularly rely (cardinal obligation). The liability for slight negligence is limited to the amount of the damage foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected. This limitation of liability shall also apply in favour of the vicarious agents of the operator.

8. Right to Indemnity

The user indemnifies the operator and his employees or agents from all resulting claims of third parties in the event of claims due to alleged or actual infringement of rights and/or infringement of the rights of third parties by actions carried out by the user in connection with the use of the portal. In addition, the user undertakes to reimburse all costs incurred by the operator as a result of the claim by third parties. Eligible costs also include the costs of an appropriate legal defence.

9. Personal data

  1. The user hereby consents to the storage of the personal data entered by him. This also applies to the storage of ip addresses, which are transmitted each time the portal is used. In particular, the user also consents to the presentation of the personal data entered by him in his profile display within the portal for other users of the portal and third parties who are not users of the portal.
  2. The use of the portal makes the collection, processing and use of personal data by the operator unavoidable. The operator assures to treat all stored data carefully and to process it exclusively within the framework of the data protection consent of the user. Any further use of personal data by the operator will only take place if this is legally permissible or if the user has given his prior consent.
  3. The user further agrees that the operator may use the user’s personal data for direct marketing purposes. This includes the advertising of the user by e-mail and by post.

10. Duration of contract/termination

  1. The contract runs for an indefinite period of time and can be terminated by both parties at any time without observing a notice period and giving reasons.
  2. In addition, and beyond, the right of the parties to terminate the contractual relationship by extraordinary termination for good cause remains unaffected.
  3. For the operator, there is an important reason to terminate this contract if the customer sustainably violates his obligations under sections 4 or 5 of this contract.

11. Final provisions

  1. Should the contract contain ineffective provisions, the validity of the remaining validity of the contract shall remain unaffected.
  2. This contract is governed exclusively by German law.