Terms of Service

 

1. Scope of application of the terms of service
(1) These Terms of Service apply to the online offer of Cruisecheck24 (hereinafter referred to as the Operator), which can be accessed on the Internet at www.cruisecheck24.com. This is a platform on which users can publish reviews, articles and photos, as well as create profiles.
(2) You can view the currently valid terms of service at www.cruisecheck24.com/nutzungsbedingungen in german language. The terms of service displayed in english are translated. The operator does not guarantee the correctness of the translation.

2. Provision
The operator strives for a 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 concerns and other events beyond its control.

3. Content
(1) The contents located on the Portal are distinguished into:
- contents posted by operator
- content posted by user
(2) For the contents posted by the operator, the limitations of liability according to point 10 apply.
(3) For the content posted by the user, these include in particular: Ratings, questions and answers to ratings, private messages to other users, photos, videos, blog and forum posts, user profiles.
(4) The operator assumes no liability for the legality and accuracy of the content posted by the user. If content posted by the user violates laws, applicable law or parts of these terms of use, the operator is authorized to block or delete this content.

4. Terms of service for posting content
(1) The use of Cruisecheck24 is free of charge and can be used equally by registered and non-registered users. Certain functions are only available to registered users. Registered users bear sole responsibility for all activities that take place in connection with their user account.
(2) The minimum age for the content posted by the user is 14 years.
(3) The contract language is exclusively German.

5. Obligation of the user to cooperate when posting content
(1) The user undertakes to observe applicable law (e.g. criminal, competition and youth protection law) when creating and using his own content and not to violate any rights of third parties (e.g. name, trademark, copyright and data protection rights).
(2) The User undertakes vis-à-vis the Operator that any content posted on the Portal will not violate applicable law or morality, neither by its content nor by its form. The same applies to the setting of external links. In particular, it is not permitted to distribute content that
- Racism
- Glorification of violence and extremism of any kind
- incitement and instigation to commit crimes and violations of the law, threats against life, limb or property
- hounding against persons or companies
- Statements that violate personal rights, slander, defamation and defamation of users and third parties, as well as violations of the law of fair trading
- copyright infringing content or other infringements of intellectual property rights
- sexual harassment of users and third parties
- Pornography
- depict, concern or include offensive, sexist, obscene, vulgar, vile or disgusting material and expression
.
(3) The user commits himself to the operator to have used the service to be rated. He has no personal or business relations with the evaluating company. No remuneration was offered by the company or third parties for writing this rating.
(4) Content protected by copyright may only be included verbatim in contributions without the consent of the respective rights holder within the scope of the applicable quotation law. Quotations are to be marked by highlighting using the quotation function and indicating the source. Foreign-language quotations must also be translated into German to the extent that the content is roughly evident. In particular, incorrectly quoted contributions 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.

6. 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 for third parties. This means in particular that the User may not use messages with advertising content without the consent of the Operator and the recipient (in particular: spam messages).
(2) In the event that the User uses the option to inform third parties about the existence of the Portal via the recommendation function provided by the Operator, the User shall ensure that the third party agrees to the sending of the promotional recommendation e-mail.
(3) In the event that the Content contains hyperlinks to third-party sites, the User warrants that it has the right to use the hyperlink and that the website to which the link is made ("Landing Page") complies with applicable law and third-party rights.
(4) If the user has registered, he is obliged to handle the log-in data with care. Without exception, the user is prohibited from disclosing the log-in data to third parties and/or allowing third parties to access the profile by circumventing 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. This includes in particular:
- the use of software, scripts or databases in connection with the use of the Portal;
- the automatic reading, blocking, overwriting, modification, copying of data and/or other content, unless this is necessary for the proper use of the Portal.
(6) It is also a violation of privacy and therefore not permissible to remove the anonymity of other users or to disclose information of other users from private messages, e-mails or chats that are not intended for the public. Users may not include in their posts or otherwise disclose any information that could reveal 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 any disruptions in the use of the portal or its functionalities, the user shall inform the operator of this disruption without delay. The same applies if the User obtains information about content published by third parties that obviously violates applicable law or the rights of third parties.

7. Additional terms of service for registered users
(1) By completing the online registration process and creating a profile, a usage contract is concluded with the operator. The subject of the user contract is the free use of the profile.
(2) The creation of a profile requires the creation of a user account. This consists of a user name and a password ("log-in data").
(3) The creation of a user account is only possible by providing a current e-mail address of the user. This e-mail address is also used for communication with the operator.
(4) The user warrants that the data used in the creation of his profile ("profile data") is accurate and complete. The use of pseudonyms is not permitted.
(5) In any communication of the user with other users, any contractual relationships arise exclusively between the users involved. The operator is neither a representative nor does he become a contractual partner himself.

8. Profile use
(1) When using the profile, the user can use various services:
- the user has the possibility to publish or modify his own content (text, images, etc.) within the portal
- the user has the possibility to send messages to other users
(2) The operator is entitled to block access to individual contents at any time, e.g. 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 shall endeavor 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 concerns and other events beyond its control.

9. Rights of use
(1) The user grants the operator a spatially and temporally unlimited, irrevocable, non-exclusive, gratuitous right, transferable to third parties, to exploit the content posted 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 public reproduction, in particular the right of public access. The operator is entitled to use the content for the purpose of PR and advertising (in all media and on all social platforms) for its own offers. The user waives the right to name the author. This provision does not affect the user's option to grant third parties rights to posted content according to certain licensing models.
(2) All rights to the contents of the portal belong to the operator. The User is prohibited from copying, distributing and/or publishing content that the Operator, other Users or third parties have posted on the Portal.

10. Liability
(1) Unlimited liability: The operator is liable without limitation for intent and gross negligence and in accordance with the Product Liability Act. For slight negligence, the operator is liable for damages resulting from injury to life, limb and health of persons.
(2) In all other respects, the following limited liability shall apply: In the event of slight negligence, the operator shall only be liable in the event of a breach of a material contractual obligation, the fulfillment of which is a prerequisite for the proper performance of the contract and on the observance of which the user may regularly rely (cardinal obligation). The liability for slight negligence is limited to the amount of damages foreseeable at the time of the conclusion of the contract, the occurrence of which must be typically expected. This limitation of liability also applies to the benefit of the operator's vicarious agents.
(3) The operator is not liable for data loss, the content posted by the user.
(4) In addition, the provisions of the disclaimer apply. To be read on www.cruisecheck24.com/haftungsausschluss.

11. Right of exemption
The User shall indemnify the Operator and its employees or agents against all claims of third parties arising from alleged or actual infringement and/or violation of third party rights by actions taken 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 claims made by third parties. Reimbursable costs also include the costs of an appropriate legal defense.

12. 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 display of the personal data entered by him/her in his/her profile display within the portal for other users of the portal and third parties who are not users of the portal.
(2) The user also consents to the use of his/her personal data for the personalization of advertisements placed on the portal (personal data will not be passed on to the advertisers). The user also agrees that advertisements of third parties, of whatever kind, may be placed on his profile pages.
(3) The use of the portal makes the collection, processing and use of personal data by the operator unavoidable. The operator assures to handle all stored data with care and to process it exclusively within the scope of the user's consent under data protection law. Any further use of personal data by the operator will only take place if this is legally permissible or the user has consented in advance.
(4) The User further agrees that the Operator may use personal data of the User for direct marketing purposes. This includes the advertising approach of the user by e-mail and by mail.

13. Contract duration / Termination
(1) The contract shall run for an indefinite period and may be terminated by either party at any time without notice and without stating reasons.
(2) In addition and beyond this, the right of the parties to terminate the contractual relationship by extraordinary termination for good cause shall remain unaffected.
(3) The Operator shall have good cause to terminate this Agreement if the Customer persistently violates its obligations under Sections 4, 5 or 6 of this Agreement.

14. Final clauses
(1) Should the contract contain invalid provisions, the validity of the rest of the contract shall remain unaffected.
(2) The present contract shall be governed exclusively by German law.