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Nutzungsbedingungen

1. Subject of the Terms of Use

(1) CannaTrust GmbH, Alexanderplatz 1, 10178 Berlin (hereinafter referred to as “Portal Operator”) provides the rating platform CANNATRUST at www.cannatrust.uk (hereinafter referred to as the “Portal”) on which companies can present their products and users can review them. Users can retrieve available contents on the portal or upload their own contents (such as reviews and photos), and use the further free services provided at the respectively current time on the portal within the limits of their reserves availability.

(2) These Terms of Use govern the provision of services by the Portal Operator and the use of these services by you as the user.

(3) Provisions stating otherwise, unless they are explicitly referred to in the following terms, shall not apply.

(4) You can find information on the Portal Operator here.

(5) The contract language is German.

2. Changes to the Terms of Use

The Portal Operator reserves the right to change these Terms of Use at any time with effect for existing contractual relationships as well. The Portal Operator must inform you about such changes at least 30 calendar days before the planned effective date of the changes. Unless you object within 30 days from receipt of the notification and if you also continue the use of the services after expiration of the period for objection, the changes shall apply as effectively agreed from the expiration of the period. In the event of your objection, the contract shall be continued on the present conditions. Your right to object and the consequence will be explained by the Portal Operator in the notification of the change.

3. Registration permission

(1) Use of the services available on the Portal requires your registration as a user. There is no right to participate. The Portal Operator is entitled to reject requests for participation without a statement of reasons.

(2) You are permitted to register only if you are of legal age and legally competent without limitations. People under age are not permitted to register. In case of a legal entity, the registration must be made by a natural person with rights of representation and unlimited legal competence.

4. Registration on the Portal

(1) The registration is free of charge for you.

(2) The contact details and other information requested by the Portal Operator must be entered completely and correctly by you.

(3) Once you have entered all of the requested data, the Portal Operator will check it for completeness and plausibility. If the information is correct from the perspective of the Portal Operator and if the Portal Operator does not have any other concerns, the Portal Operator will activate your requested access and inform you of this by email. The email will be considered the acceptance of your request for participation. From receipt of the email, you will be entitled to use the Portal within the scope of these Terms of Participation and Use. For this purpose, you have to confirm your activation before then by clicking on the link contained in the email.

(4) If applicable, we also offer a registration and login by means of other login/identification services, provided that you have an account or accounts with one or more such services (e.g. “Login with Facebook”/”Login with Google”). You can use particular data of yours from your existing account this way and use these data once to fill the user account at cannatrust.uk. The User Agreement will become effective on completion of the sign-on. Furthermore, you can afterwards always log in to the Portal by means of the desired login/identification service and also use potential features of the login/identification service in the relevant online offer.

a. Facebook
“Login with Facebook” (Facebook Connect) is a service of Facebook. Accordingly, the Data privacy policies and Terms of Use of Facebook apply to it. Besides the information you can find in the data privacy policies of Facebook, you will be informed in the course of the registration or login process about which data Facebook lets the online offer access and you will be asked to grant your corresponding consent. We or the online offer will never find out the login details for your Facebook account in this process.

b. Google
“Login with Google” (Google+ sign-in) is a service of Google. Accordingly, the Data privacy policies and Terms of Use of Google apply to it. Besides the information you can find in the data privacy policies of Google, you will be informed in the course of the registration or login process about which data Google lets the online offer access and you will be asked to grant your corresponding consent. We or the online offer will never find out the login details for your Google account in this process.

5. Responsibility for the login details

(1) In the course of the login process, you will be asked to enter a user name and a password. With these data, you can activate the access to the Portal after receipt of the email according to Sec. 4 (3) and confirmation of the link contained in the email and then log in. It is within your responsibility that the user name does not infringe on the rights of third parties, in particular not on any rights to names or trademarks and that it does not violate morals.

(2) You must keep the login details including the password secret and not make them accessible to unauthorised third parties.

(3) It is also your responsibility to ensure that your access to the Portal the use of the services available on the Portal take place exclusively by you or persons authorised by you. If it stands to be feared that unauthorised third parties have obtained or will obtain knowledge of your login details, the Portal Operator must be informed immediately.

(4) You will be liable pursuant to the legal regulations for any use and/or other activity that is carried out using your login details.

6. Updating of your user data

You are obligated to keep your data (including your account data) up to date. If a change in the provided data occurs during the period of your participation, you have to correct the information without delay on the Portal in your personal settings. Should this be unsuccessful, please inform us of your changed data by email or fax without delay.

7. Termination of the participation

You can cancel the user access at any time by deregistering from the participation in the Portal.

8. Offer and availability of the services

(1) Depending on whether you are a consumer or business, the Portal Operator provides you with different information and other services on the Portal for use for a limited time and within the scope of the concluded user agreement. Such services can consist, e.g. of the provision of data, contributions, image and audio files, information and other contents (hereinafter referred to collectively as “Contents”) as well as the possibility to create personal profiles.

The subject and scope of the services are be determined according to the services agreed by you with the Portal Operator, and for the rest, according to the respective functionalities currently available on the portal.

(2) A right to the use of the services available on the Portal applies only within the limits of the technical and operational possibilities of the Portal Operator. The Portal Operator will work towards assuring uninterrupted availability of its services wherever possible. However, technical failures (such as interruption of the power supply, hardware and software faults, technical problems in the data lines) can cause temporary restrictions or interruptions.

9. Changes of services

The Portal Operator is entitled at any time to change the services made available on the Portal, make new services available free of charge or for payment, and to discontinue the provision of free services. The Portal Operator shall take your legitimate interests respectively into account in the process.

10. Protection of contents, responsibility for the contents of third parties

(1) The Contents available on the Portal are primarily protected by copyrights or other proprietary rights, and they are respectively the property of the Portal Operator, the other users or other third parties such as manufacturers and sellers of products, who have made the respective Contents available. The composition of the Contents as such is potentially protected as a database or database work in the definition of Sec. 4 (2), Sec. 87a (1) UrhG. You may merely use these Contents in accordance with these Terms of Use and within the limits prescribed on the Portal.

(2) The Contents available on the Portal originate in part from the Portal Operator and in part from other users or further third parties. Contents of the users and further third parties are hereinafter referred to collectively as “External Contents”. The Portal Operator therefore does not carry out any check for completeness, correctness and legitimacy and consequently neither accepts any responsibility nor gives any warranty for completeness, correctness, legitimacy and currentness of the External Contents. This also applies with regard to the quality of the External Contents and their suitability for a specific purpose, also where the External Contents are provided on linked external websites.

(3) All Contents on the Portal are External Contents, except for the Contents that are provided with a copyright notice of the Portal Operator.

11. Scope of permitted use, monitoring of activities of use

(1) Your right of use is limited to the access to the Portal and the use of the services respectively available on the Portal within the scope of these Terms of Use.

(2) The Portal Operator points out that your activities of use can be monitored to the legally permissible extent. This may also include, if applicable, the logging of IP connection data and review contents, as well as their analyses in case of a concrete suspicion of a violation of these Terms of Use and/or a concrete suspicion of another illegal act or crime.

12. Creation of user profiles

(1) If the feature is available on the Portal, you can also customise your user profile according to your wishes within the scope of these Terms of Use. However, please be sure to notice the limitations according to Sec. 15 in this regard.

(2) The Portal Operator normally does not carry out an identity check of the profile owner or of the information contained in the profiles. The Portal Operator therefore does not give any warranty that each profile owner is respectively the person who this profile owner says he or she is.

13. Review or comment feature, uploading of own Contents

(1) If the feature is available on the Portal, the Portal Operator makes a review and comment feature available to the users on the Platform. The user thereby has the possibility to review the products offered by the manufacturer and presented on the Portal. This serves primarily for the purpose of communicating a reliable impression of the manufacturer concerning the quality of the products and the general appearance to other users of the Portal Operator. Within the scope of this feature, you may upload Contents to the Portal and thereby make them available to third parties in observation of the following rules.

(a) The Portal Operator reserves the right to activate and deactivate the review and comment feature for particular products. Users have no right to the availability of the review and comment feature.

(b) The user has the possibility to review the products offered by the manufacturer and presented on the Portal. This serves primarily for the purpose of communicating a reliable impression of the manufacturer concerning the quality of the products and the general appearance to other users of the Portal Operator.

(c) For this reason, the user may submit solely reviews that give a true view of the product characteristics. The reviews shall furthermore be written objectively.

(d) The Portal Operator reserves the right in relation to the user to fully or partly delete untruthful, unobjective, insulting or libellous reviews and, in cases of particularly serious violations of the above rules, block users from the future user of the Portal Operator’s Platform.

(2) By uploading the Contents, you will grant the Portal Operator in each case a free and transferrable right to use the respective Contents, in particular

     – for the storage of the Contents on the server of the Portal Operator and their publication, in particular making them publicly available (e.g. by displaying the Contents on the Portal);

     – for processing and reproduction, insofar as this is required for the provision or publication of the respective Contents; and

     – for the granting of rights, also free rights, to third parties to use your Contents in accordance with Sec. 14.

If you remove the Contents from the Portal that have been uploaded by you, the right to use and exploit, which has been granted to us above, will expire. However, we will remain authorised to retain copies created for the purposes of backups and/or evidence. The rights of use granted to the users for the Contents uploaded by you shall also remain unaffected.

(3) You are fully responsible for the Contents uploaded by you. The Portal Operator does not carry out any check of the Contents for completeness, correctness, legitimacy, currentness, quality and suitability for a certain purpose.

You declare and warrant to the Portal Operator that you are the sole owner of all rights to the Contents uploaded to the Portal by you or, instead, that you are otherwise authorised (e.g. by an effective permission from the rights holder) to upload the Contents to the Portal and to grant the rights of use and exploitation pursuant to the above paragraph (2).

(4) The Portal Operator reserves the right to reject the uploading of Contents and/or to edit, block or remove already uploaded Contents without prior notice, insofar as the uploading of Contents or the uploaded Contents themselves have led to a violation of Sec. 13 or if concrete indications are given that a serious violation of Sec. 13 will occur. However, the Portal Operator shall take your legitimate interests and select the mildest means to defend against the violation of Sec. 13.

14. Right to use Contents made available on the Portal

(1) Unless a further use is permitted in these Terms of Use or on the Portal or such is facilitated by means of a corresponding feature (e.g. download button) on the Portal,

     – you may exclusively retrieve and display the Contents, which are available on the Portal, online for personal purposes. This use right is limited for the duration of your participation in the Portal according to the contract;

     – you are prohibited from editing, modifying, translating, presenting or publicly showing, publishing, exhibiting, reproducing or disseminating the Contents available on the Portal in full or in part. It is likewise prohibited to remove or modify copyrights notices, logos and other marks and protection notices.

(2) You are authorised to download Contents (“Download”) and print out Contents only to the extent that there is a possibility for downloading or printing available as a feature on the Portal (e.g. by means of a Download button).

(3) Your compulsory legal rights (including to the reproduction for private and other personal use pursuant to Sec. 53 UrhG) remain unaffected.

15. Prohibited activities

(1) You are prohibited from any activities on or in connection with the Portal, which violate applicable law, infringe on rights of third parties or violate the principles of the protection of minors.

You are prohibited from the following actions, in particular:

     – uploading and disseminating the offer and advertising of pornographic contents, services and/or products or such violating laws for the protection of minors, data protection regulations and/or other laws;

     – use of Contents that insult or libel other users or third parties;

     – use, provision and dissemination of contents, services and/or products, which are legally protected or encumbered with the rights of third parties (e.g. copyrights), without being expressly authorised for this;

(3) Furthermore, you are also prohibited from the following activities, also regardless of a potential legal violation, when uploading own Contents to the Portal and in the communication with other users (e.g. by sending personal messages):

     – dissemination of viruses, Trojans and other harmful files;

     – mailing of junk or spam emails as well as chain letters;

     – dissemination of offensive, objectionable, sexually characterised, obscene or defaming contents or communication of such contents or communication suitable to promote or support racism, fanaticism, hatred, physical violence or illegal actions (respectively explicitly or implicitly);

     – harassment of other users, e.g. by multiple personal contacting without or contrary to the response of the other user, and the promotion or support of such harassment;

     – requesting other users to disclose passwords or personal data for commercial or illegal or criminal purposes;

     – dissemination and/or publication of Contents, which are available on the Portal, unless this is expressly permitted to you by the respective creator or this is explicitly made available as a feature on the Portal.

(4) You are likewise prohibited from any action that is suitable to impair the problem-free operation of the Portal, in particular to overload the Portal Operator’s systems.

(5) Should you take notice of an illegal, abusive, contract breaching or otherwise impermissible use of the Portal, please contact info@cannatrust.uk. The Portal Operator will then investigate the process and, if necessary, take appropriate steps.

(6) If there is suspicion of an illegal or criminal act, the Portal Operator shall be entitled and, if applicable, also obligated to check your activities and initiate legal steps if necessary. This can also include referring the matter to the public prosecutor.

16. Blocking of access

(1) The Portal Operator can block your access to the Portal temporarily or permanently if there are concrete indications that you are violating or have violated these Terms of Use and/or applicable law, or if the Portal Operator has another legitimate interest in blocking the access. The Portal Operator will take your legitimate interests into due account for the decision about the blocking of access.

(2) In case of a temporary or permanent block, the Portal Operator will block your access right and inform you about this by email.

(3) In case of a temporary block, the Portal Operator will reactivate your access right after expiration of the blocking period and inform you about this by email. A permanently blocked access cannot be reinstated. Permanently blocked persons are permanently excluded from participation on the Portal and they may not register again on the Portal.

17. Data privacy

It is part of the Portal Operator’s quality standards to handle the personal data of users responsibly (these data are referred to collectively as “Personal Data”). The Personal Data arising from your registration on the Portal and the use of the available services will therefore be gathered, stored and processed by the Portal Operator only in accordance with the Data Privacy Statement acknowledged by you in the registration process.

18. Limitation of liability

(1) If you should incur a loss from the use of the services made available free of charge on the Portal, the Portal Operator shall be liable only to the extent that your loss has arisen due to the use of the free Contents and/or services in accordance with the contract and only in cases of intent (including fraudulent intent) and gross negligence of the Portal Operator.

(2) The aforementioned liability limitation shall not apply in the case of fraudulent intent, in the case of damages to life, body or health, or in case of a breach of warranties nor to claims of product liability.

(3) The Portal Operator shall not be subject to any rights and duties relating to any contractual relationship between the user and manufacturer, seller or dealer. In particular, the Portal Operator does not accept any liability whatsoever for contractual terms agreed between the user and the manufacturer, seller or dealer, and to any breaches of duty of the parties to the contract.

19. Final provisions

(1) Unless expressly provided otherwise in these Terms of Use, all statements that are made in the context of the participation in the Portal shall be given in writing or by email. The Portal Operator’s email address is info@cannatrust.uk. The Portal Operator’s postal address is CannaTrust GmbH, Alexanderplatz 1, 10178 Berlin. Changes to the contact details remain reserved. In the event of such a change, the Portal Operator will inform you thereof.

(2) These Terms of Use are governed by the law of the Federal Republic to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).

(3) If you maintained your residence or place of habitual abode in Germany at the conclusion of the contract or at the time of the filing of the claim or if your place of abode is unknown at such time, the place of jurisdiction for all disputes shall be the place of our company’s registered office.

(4) Should individual provisions of this contract be or become invalid or contradict legal regulations, this shall not affect the validity of this contract in the remaining part. The invalid provision shall be replaced by the Parties by a valid provision, which comes closest to the economic meaning and purpose of the invalid provision. The foregoing provision shall apply analogously to omissions in provisions.