As of January 9, 2008
1. Scope of application of Terms
1.1 Lalisio GmbH ("Lalisio") with its corporate seat in Puschkinstraße 1, 99084 Erfurt, Germany, operates online services (hereinafter referred to as "Services") under different second- und third-level-domains (lalisio.com, classic.lalisio.com, studeo.lalisio.com etc.). These general terms and conditions (hereinafter the "Terms") exclusively apply to all Services provided by Lalisio and to the participation of the user in all Lalisio Services.
1.2 Opposing terms by the user are not accepted by Lalisio. An explicit objection by Lalisio is not necessary.
1.3 These Terms are made available to the user on Lalisio's servers. In the event that the Terms are not available to the user for reasons which Lalisio is responsible for, Lalisio will, at the request of the user, send the Terms to the user in writing or as dataset.
1.4 The user accepts the following conditions by using or registering on the website, or by downloading data on a data carrier ("Download"). If not otherwise explicitly stated, all further offers which expand or improve the current Services, including the offer of new Services, are subject to these Terms. The Services are offered in a design found appropriate by Lalisio and are subject to their availability.
1.5 Employees of Lalisio - except for the executive management - are not authorized to enter into agreements or to make any representations and warranties which differ from these Terms.
2. Description of Services
2.1 The Services contain:
(a) a social-networking and communication platform on the internet, which allows users to connect and communicate with one another. Users may, following registration, invite other persons to search for other persons (members) within the platform, whose profiles are stored in a centralized data base. Members can view the profiles of other members and contact them.
(b) access to personal content as well as the procurement of access to data of third parties ("Partners"). Partners, to whom Lalisio procures access, are independent providers and not agents of Lalisio.
2.2 If a service is not described or otherwise identifiable as a proprietary service of Lalisio, Lalisio only assumes the position of an agent between the user and the third party.
2.3 Lalisio has the right to amend the provided Services at any time, especially with regard to technical developments, changes of the business volume, and the integration, or, as the case may be, deactivation of existing offers, without having to notify the user in any particular way.
2.4 Lalisio preserves the right to offer its Services or parts thereof subject to charges and fees. Lalisio will timely notify the user as to prices and conditions via e-mail.
2.5 "Lalisio" is a registered trademark of Lalisio GmbH.
3. Access to Lalisio products
Lalisio will, to the best of its efforts, ensure full-time access to its website. The access to the Services of Lalisio may be limited due to server maintenance and modifications of the sites, as well as in the event of high user frequency.
4. Registration
4.1 The user must register in order to have access to the Services of Lalisio. However, there is no legally enforceable claim to be registered as user. The registration is free of charges. With its registration, the user accepts that the registration data provided by him will be saved by Lalisio. The user has the right to be informed of the status of his personal data.
4.2 Only those users may register who are 18 years of age or older.
5. Password
The user promises to secure that password and user account are not made accessible to third parties or employees of Lalisio. The user must ensure to log out of his user account after each session. The user is responsible for all actions initiated by using his password or his user account and which are caused by the fact that the user has negligently, wilfully or intentionally provided a third party with access to his password or his user account. The user promises to immediately notify Lalisio about any improper use of his password or user account and about the unauthorized circulation of the password.
6. Sale of literature and data sets
6.1 Lalisio serves as an agent for the sale of literature and data sets from online bookstores as well as online data bases through its Partners. To this end, Lalisio only provides the technical platform as well as access to its Partners. The conclusion and the content of an agreement for the sale of goods, rights, or the performance of Services, are solely subject to the respective terms provided for by the Partner. Lalisio may neither release nor receive any legally binding declarations or Services within the implementation or the rescission of an agreement on behalf of the Partner.
6.2 Each Partner is solely responsible for the accuracy of the content provided for in his or her data base. This also applies to information by the Partner as to availability, pricing and time for delivery of the respective source. Lalisio does not give any guaranty as to the completeness and accuracy of the product and service information of third parties accessible through Lalisio.
6.3 If the user enters into agreements with third parties to purchase goods or Services through the internet or other networks, such agreements are concluded between the user and the third party exclusively. The user may raise eventual defences arising from such transactions only with regard to the third party.
7. User-generated content
7.1 The user is solely and exclusively responsible for the content uploaded by him or her ("user-generated content"). The information, opinions and suggestions contained in such user-generated content are not displayed in the name of Lalisio but do solely represent the author’s opinion and/or knowledge. Lalisio does not scrutinize the individual messages as to their accuracy and validity. Answering the question of another user is not part of the Services of Lalisio but the sole responsibility of the author of such answer.
7.2 In the event that a user uploads proprietary content on the Lalisio website or participates in a discussion, the user promises NOT to
(a) make any statements violating the law or good moral standards and/or the rights of third parties,
(b) make any statements which discriminate third parties based on their sex, descent, race, sexual orientation, language, home country and ancestry, belief, religious or political views, or because of physical impairment or disease,
(c) upload data of commercial or business content or for any other advertising purposes,
(d) upload data with pornographic content (within the meaning of Sec. 184 of the German Criminal Code (StGB)),
(e) upload data which threatens others,
(f) upload fictitious data,
(g) upload data, which contains viruses, trojans, worms or other programs harmful to the functionality or use of the Lalisio websites or the hard- and software of Lalisio members,
(h) upload photographies of their person on the Lalisio website which are older than five (5) years and which do not clearly and unmistakably identify the user. The user secures that the public display of the photography uploaded by him or her on the Lalisio website is authorized. The upload of photographies or illustrations of others or not existing persons or of other beings (animals, fantasy characters, etc.) is prohibited. The uploaded photos may not contain company logos.
7.3 Lalisio has the right to block, delete or modify content which
(a) violates Sec. 7.2 above or other provisions of these Terms,
(b) may impair the use of the Services for other users due to their length and data size.
7.4 Lalisio will notify the user of any intended block, deletion or modification; in this case, the user has the right to fully withdraw his contribution or have such contribution withdrawn from the platform.
8. External Links
8.1 Lalisio and third parties may create links to other websites ("Sites") or sources, and may save and publish such Sites or sources on the Lalisio website. As Lalisio does not have any control over external Sites and sources, Lalisio is not responsible for the availability and content of such Sites or sources.
8.2 In the event that content on external Sites or sources causes a violation in the sense of Sec. 7.2 or an impairment in the sense of Sec. 7.3 lit. (b), Sec. 7.3 through 7.4 apply accordingly insofar as Lalisio is not obliged to allow links to such Sites or sources and/or may delete or interrupt links to such Sites or sources.
9. Liability of Lalisio
9.1 If Lalisio uploads content as proprietary service on its website, Lalisio warrants that it is authorized to display such content and to grant the user a right of use to the respective content. To this respect, Lalisio is liable pursuant to the provisions of law.
9.2 For damages other than those caused by death or personal injury, Lalisio is only liable, as far as they are based on wilful, intentional, or grossly negligent conduct, or in the event of an at least simply negligent breach of a material contractual obligation. Material contractual obligations are obligations where the fulfilment of which is necessary to facilitate the due implementation of the agreement, the violation of which impairs the attainability of the purpose of the agreement and on the compliance of which the user generally relies. Non material contractual obligations are particularly the accuracy, availability and timeliness of the editorial Lalisio data, including their technical imprecision and spelling mistakes, as far as the use of the data is not materially impaired thereby.
9.3 Lalisio is not responsible for the accuracy and the content of information in the registration and/or profile data of the users or for any other user-generated content. Lalisio is not liable for potential abuse of such information.
9.4 Lalisio has no possibility to verify whether a registered user on the Lalisio website actually is the person the user pretends to be. Lalisio therefore does not give any warranty as to the actual identity of a user. Users must convince themselves of the identity of another user.
9.5 Lalisio’s liability for a loss of data is limited by the typical time and effort to restore such data. Such time and effort is calculated upon the damages, which would have occurred in the event reasonable security measures had been set in place (for example data protection through back-up copies).
10. Rights of use
10.1 As to content which is labelled as proprietary service of Lalisio, Lalisio grants each user a simple right of use to view and one-time copy such content with the copy and paste function of the user’s browser for private purposes. A right to further copy, modify or display the content is not granted to the user.
10.2 The extent to which Lalisio grants rights with regards to data provided by Partners is subject to the agreement between the user and the Partner of Lalisio. The user also promises vis-à-vis Lalisio to respect the limitations contained in such agreement.
10.3 Lalisio conveys the right to every user to publish data on the Lalisio sites. By uploading data for publication purposes on the Lalisio website, the user thereby grants Lalisio the non-exclusive right to use, exploit, modify and publish such content to the largest possible extent permitted by law, especially to provide or in any other form publish such content for other users on Lalisio’s second and third level domains. Any other user has the right to use and modify such data for personal purposes. Any further transmission of such data to third parties or their publication is not permitted. A modification of user data may not lead to their distortion.
10.4 Users who upload data on the Lalisio Sites warranty that they are entitled to grant Lalisio and the other users the rights of use referred to in the above subsection. The users indemnify Lalisio, its executive management, employees and contractors from any and all claims which a third party raises with the allegation that such user has violated third party rights by uploading data on the Lalisio Sites and by granting the rights of use referred to in the above subsection.
10.5 If a third party raises any claims against Lalisio or a user due to an illegal upload of user data, Lalisio may block or delete such user data. Lalisio will promptly inform the user of such third party claim. If a third party raises a claim against the user based on the upload of data on the Lalisio Sites, the user shall promptly inform Lalisio accordingly.
11. Use and protection of data
11.1 The user is informed according to Sec. 33 para. 1 of the German Federal Law on Data Protection (BDSG) and Sec. 13 para. 1 of the German Telemedia Act (TMG) that Lalisio saves user data in machine-readable form and processes such data according to German data protection law within the scope of the agreement with the user (Sec. 28 para. 1 no. 1 BDSG and stock data according to Sec. 14 para. 1 TMG).
11.2 Lalisio automatically collects and saves on its server log files information, which the user’s browser transmits to Lalisio. These are: browser type/browser version, operating systems used, referrer URL (the previously visited site), host name of the accessing computer (IP-adress), time of server-request. This data may be attributed to individual persons unidentifiable to us. No compilation of this data is made in other data sources, the data is furthermore deleted after a statistical analysis.
11.3 In addition, the user is informed, that Lalisio uses a server, which is provided and operated by Hetzner Online AG subject to a server hosting agreement. However, Hetzner Online AG does not process or otherwise use any data.
11.4 Lalisio may transmit the name, address and billing number of a user as well as information to the products and services ordered as well as information to the payment method, and as far as applicable, customer numbers to those providers, whose products and cervices have been ordered by the user or appear during the billing process. There is no transmission of such data to unauthorized third parties.
11.5 The information provided for on the “Profile”-Site is accessible to other users. The user consents thereto. The user decides at his own discretion, which information he displays on the “Profile“-Site. In addition, the user has the option within the functionality of the "privacy" site to configure which personal data will be published.
11.6 At any time, the user has the right to demand disclosure of the data saved in relation to his person as well as their provenience and recipient as well as the purpose of the processing of such data.
11.7 The user has the possibility to invite other persons who are not yet members of Lalisio to become a member of Lalisio. Lalisio uses the data needed for this process only for the purpose of the invitation. The data are not used for any other purpose.
12. Duties and obligations of the user
12.1 The user shall only upload such data on the Lalisio Sites which do not violate applicable law, good moral standards or third party rights. The user indemnifies and holds Lalisio harmless, its executive management, employees and contractors from all claims, which result from a breach of the aforementioned obligations, or are raised by third parties. It is the user’s obligation to secure the data uploaded by him on the Lalisio Sites.
12.2 The user shall not,
(a) pretend to be another person, pretend to have a relationship with another person or to have any technical or professional skills which in fact he does not have,
(b) upload software or viruses or other information, data or programs which are meant and capable to interrupt, destroy or impair the functionality of computer soft- or hardware or of telecommunication installations,
(c) interrupt the technical processing of the Services,
(d) interrupt or interfere with the Services or with the server or networks related to the Services, and shall comply with provisions, procedures or other rules of network related to the Services,
(e) collect or save personal data of other users,
(f) intercept or attempt to intercept e-mails or other messages for other users,
(g) send e-mails and comparable messages to other members with the exception of communication purposes, and shall especially not advertise or solicit any goods or Services to other members (except for those cases expressly allowed by Lalisio),
(h) send chain letters, snowball systems or multi-level-marketing through Lalisio.
13. Cookies
13.1 Cookies are files which are stored on the hard drive of the user and not on the Lalisio server. The information contained in such Cookies facilitates the navigation and avoids the necessity that the user has to enter his registration data at any further session. Furthermore, Cookies may be used to design content according to the user’s personal interests, to implement orders and offers or Services, and to inform the user - with the user’s consent - about special offers and new products. Users may avoid the storage of Cookies on their hard drive by adjusting their browser accordingly. If users do not accept Cookies, the functionality of the Lalisio Services may be impaired; Lalisio is not liable for impairments of such kind.
13.2 With the user’s consent, Lalisio stores the data which Lalisio collects from the user in Cookies on the user’s hard drive, and retrieves such information in connection with each further user session.
14. Changes in Terms
14.1 Changes of these Terms are sent to the user via e-mail. If the user does not object within one month following the receipt of such notice, the changed Terms are deemed to be accepted. Together with the notice which contains the changed conditions, Lalisio will separately inform the user of his right to object and the consequences of his silence.
14.2 Terms and conditions which Lalisio introduces with regard to newly introduced Services, are not considered as changes of the respective Terms then in force.
14.3 If Lalisio introduces or raises fees for Services or the procurement of Services already existing, these fee provisions become effective if the user has been notified and does not object to such amendment within one month. The user shall be separately informed about his right to object.
15. Termination of the agreement or parts thereof
15.1 The user may terminate this agreement at any time.
15.2 Lalisio may terminate the agreement with the user for good reason at any time. Such good reason includes, but is not limited to, a wilful or intentional breach by the user of these Terms or if the user does not remedy a violation after written notification within a reasonable deadline.
15.3 In addition, Lalisio may terminate this agreement with the user with two weeks notice. Lalisio may terminate this agreement with respect to individual Services at any time if the agreement between Lalisio and a Partner is terminated.
15.4 In addition, a termination of individual Services is permitted within two weeks notice. The termination will be announced on the Lalisio sites and will be effective upon expiry of the applicable deadline.
15.5 The termination of this agreement does not affect claims which have vested prior to the termination of this agreement.
16. Notices
If notices are to be transmitted pursuant to this agreement, such notices shall, for evidentiary purposes, be made in writing, unless the law provides for a stricter form.
17. Applicable law
This agreement and these Terms are governed by German Law under exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG).
18. Place of performance and jurisdiction
18.1 The place of performance shall be the corporate seat of Lalisio.
18.2 As far as legally permissible, the courts at the corporate seat of Lalisio shall have exclusive jurisdiction.
19. Severability
If any provisions of these Terms should be or becomes invalid, the validity of the remaining provisions shall remain unaffected thereby.
20. German version of these Terms
The original version of these Terms has been written in German. In the event that the English version of these Terms differs from the German version, the German version shall prevail.
1. Scope of application of Terms
1.1 Lalisio GmbH ("Lalisio") with its corporate seat in Puschkinstraße 1, 99084 Erfurt, Germany, operates online services (hereinafter referred to as "Services") under different second- und third-level-domains (lalisio.com, classic.lalisio.com, studeo.lalisio.com etc.). These general terms and conditions (hereinafter the "Terms") exclusively apply to all Services provided by Lalisio and to the participation of the user in all Lalisio Services.
1.2 Opposing terms by the user are not accepted by Lalisio. An explicit objection by Lalisio is not necessary.
1.3 These Terms are made available to the user on Lalisio's servers. In the event that the Terms are not available to the user for reasons which Lalisio is responsible for, Lalisio will, at the request of the user, send the Terms to the user in writing or as dataset.
1.4 The user accepts the following conditions by using or registering on the website, or by downloading data on a data carrier ("Download"). If not otherwise explicitly stated, all further offers which expand or improve the current Services, including the offer of new Services, are subject to these Terms. The Services are offered in a design found appropriate by Lalisio and are subject to their availability.
1.5 Employees of Lalisio - except for the executive management - are not authorized to enter into agreements or to make any representations and warranties which differ from these Terms.
2. Description of Services
2.1 The Services contain:
(a) a social-networking and communication platform on the internet, which allows users to connect and communicate with one another. Users may, following registration, invite other persons to search for other persons (members) within the platform, whose profiles are stored in a centralized data base. Members can view the profiles of other members and contact them.
(b) access to personal content as well as the procurement of access to data of third parties ("Partners"). Partners, to whom Lalisio procures access, are independent providers and not agents of Lalisio.
2.2 If a service is not described or otherwise identifiable as a proprietary service of Lalisio, Lalisio only assumes the position of an agent between the user and the third party.
2.3 Lalisio has the right to amend the provided Services at any time, especially with regard to technical developments, changes of the business volume, and the integration, or, as the case may be, deactivation of existing offers, without having to notify the user in any particular way.
2.4 Lalisio preserves the right to offer its Services or parts thereof subject to charges and fees. Lalisio will timely notify the user as to prices and conditions via e-mail.
2.5 "Lalisio" is a registered trademark of Lalisio GmbH.
3. Access to Lalisio products
Lalisio will, to the best of its efforts, ensure full-time access to its website. The access to the Services of Lalisio may be limited due to server maintenance and modifications of the sites, as well as in the event of high user frequency.
4. Registration
4.1 The user must register in order to have access to the Services of Lalisio. However, there is no legally enforceable claim to be registered as user. The registration is free of charges. With its registration, the user accepts that the registration data provided by him will be saved by Lalisio. The user has the right to be informed of the status of his personal data.
4.2 Only those users may register who are 18 years of age or older.
5. Password
The user promises to secure that password and user account are not made accessible to third parties or employees of Lalisio. The user must ensure to log out of his user account after each session. The user is responsible for all actions initiated by using his password or his user account and which are caused by the fact that the user has negligently, wilfully or intentionally provided a third party with access to his password or his user account. The user promises to immediately notify Lalisio about any improper use of his password or user account and about the unauthorized circulation of the password.
6. Sale of literature and data sets
6.1 Lalisio serves as an agent for the sale of literature and data sets from online bookstores as well as online data bases through its Partners. To this end, Lalisio only provides the technical platform as well as access to its Partners. The conclusion and the content of an agreement for the sale of goods, rights, or the performance of Services, are solely subject to the respective terms provided for by the Partner. Lalisio may neither release nor receive any legally binding declarations or Services within the implementation or the rescission of an agreement on behalf of the Partner.
6.2 Each Partner is solely responsible for the accuracy of the content provided for in his or her data base. This also applies to information by the Partner as to availability, pricing and time for delivery of the respective source. Lalisio does not give any guaranty as to the completeness and accuracy of the product and service information of third parties accessible through Lalisio.
6.3 If the user enters into agreements with third parties to purchase goods or Services through the internet or other networks, such agreements are concluded between the user and the third party exclusively. The user may raise eventual defences arising from such transactions only with regard to the third party.
7. User-generated content
7.1 The user is solely and exclusively responsible for the content uploaded by him or her ("user-generated content"). The information, opinions and suggestions contained in such user-generated content are not displayed in the name of Lalisio but do solely represent the author’s opinion and/or knowledge. Lalisio does not scrutinize the individual messages as to their accuracy and validity. Answering the question of another user is not part of the Services of Lalisio but the sole responsibility of the author of such answer.
7.2 In the event that a user uploads proprietary content on the Lalisio website or participates in a discussion, the user promises NOT to
(a) make any statements violating the law or good moral standards and/or the rights of third parties,
(b) make any statements which discriminate third parties based on their sex, descent, race, sexual orientation, language, home country and ancestry, belief, religious or political views, or because of physical impairment or disease,
(c) upload data of commercial or business content or for any other advertising purposes,
(d) upload data with pornographic content (within the meaning of Sec. 184 of the German Criminal Code (StGB)),
(e) upload data which threatens others,
(f) upload fictitious data,
(g) upload data, which contains viruses, trojans, worms or other programs harmful to the functionality or use of the Lalisio websites or the hard- and software of Lalisio members,
(h) upload photographies of their person on the Lalisio website which are older than five (5) years and which do not clearly and unmistakably identify the user. The user secures that the public display of the photography uploaded by him or her on the Lalisio website is authorized. The upload of photographies or illustrations of others or not existing persons or of other beings (animals, fantasy characters, etc.) is prohibited. The uploaded photos may not contain company logos.
7.3 Lalisio has the right to block, delete or modify content which
(a) violates Sec. 7.2 above or other provisions of these Terms,
(b) may impair the use of the Services for other users due to their length and data size.
7.4 Lalisio will notify the user of any intended block, deletion or modification; in this case, the user has the right to fully withdraw his contribution or have such contribution withdrawn from the platform.
8. External Links
8.1 Lalisio and third parties may create links to other websites ("Sites") or sources, and may save and publish such Sites or sources on the Lalisio website. As Lalisio does not have any control over external Sites and sources, Lalisio is not responsible for the availability and content of such Sites or sources.
8.2 In the event that content on external Sites or sources causes a violation in the sense of Sec. 7.2 or an impairment in the sense of Sec. 7.3 lit. (b), Sec. 7.3 through 7.4 apply accordingly insofar as Lalisio is not obliged to allow links to such Sites or sources and/or may delete or interrupt links to such Sites or sources.
9. Liability of Lalisio
9.1 If Lalisio uploads content as proprietary service on its website, Lalisio warrants that it is authorized to display such content and to grant the user a right of use to the respective content. To this respect, Lalisio is liable pursuant to the provisions of law.
9.2 For damages other than those caused by death or personal injury, Lalisio is only liable, as far as they are based on wilful, intentional, or grossly negligent conduct, or in the event of an at least simply negligent breach of a material contractual obligation. Material contractual obligations are obligations where the fulfilment of which is necessary to facilitate the due implementation of the agreement, the violation of which impairs the attainability of the purpose of the agreement and on the compliance of which the user generally relies. Non material contractual obligations are particularly the accuracy, availability and timeliness of the editorial Lalisio data, including their technical imprecision and spelling mistakes, as far as the use of the data is not materially impaired thereby.
9.3 Lalisio is not responsible for the accuracy and the content of information in the registration and/or profile data of the users or for any other user-generated content. Lalisio is not liable for potential abuse of such information.
9.4 Lalisio has no possibility to verify whether a registered user on the Lalisio website actually is the person the user pretends to be. Lalisio therefore does not give any warranty as to the actual identity of a user. Users must convince themselves of the identity of another user.
9.5 Lalisio’s liability for a loss of data is limited by the typical time and effort to restore such data. Such time and effort is calculated upon the damages, which would have occurred in the event reasonable security measures had been set in place (for example data protection through back-up copies).
10. Rights of use
10.1 As to content which is labelled as proprietary service of Lalisio, Lalisio grants each user a simple right of use to view and one-time copy such content with the copy and paste function of the user’s browser for private purposes. A right to further copy, modify or display the content is not granted to the user.
10.2 The extent to which Lalisio grants rights with regards to data provided by Partners is subject to the agreement between the user and the Partner of Lalisio. The user also promises vis-à-vis Lalisio to respect the limitations contained in such agreement.
10.3 Lalisio conveys the right to every user to publish data on the Lalisio sites. By uploading data for publication purposes on the Lalisio website, the user thereby grants Lalisio the non-exclusive right to use, exploit, modify and publish such content to the largest possible extent permitted by law, especially to provide or in any other form publish such content for other users on Lalisio’s second and third level domains. Any other user has the right to use and modify such data for personal purposes. Any further transmission of such data to third parties or their publication is not permitted. A modification of user data may not lead to their distortion.
10.4 Users who upload data on the Lalisio Sites warranty that they are entitled to grant Lalisio and the other users the rights of use referred to in the above subsection. The users indemnify Lalisio, its executive management, employees and contractors from any and all claims which a third party raises with the allegation that such user has violated third party rights by uploading data on the Lalisio Sites and by granting the rights of use referred to in the above subsection.
10.5 If a third party raises any claims against Lalisio or a user due to an illegal upload of user data, Lalisio may block or delete such user data. Lalisio will promptly inform the user of such third party claim. If a third party raises a claim against the user based on the upload of data on the Lalisio Sites, the user shall promptly inform Lalisio accordingly.
11. Use and protection of data
11.1 The user is informed according to Sec. 33 para. 1 of the German Federal Law on Data Protection (BDSG) and Sec. 13 para. 1 of the German Telemedia Act (TMG) that Lalisio saves user data in machine-readable form and processes such data according to German data protection law within the scope of the agreement with the user (Sec. 28 para. 1 no. 1 BDSG and stock data according to Sec. 14 para. 1 TMG).
11.2 Lalisio automatically collects and saves on its server log files information, which the user’s browser transmits to Lalisio. These are: browser type/browser version, operating systems used, referrer URL (the previously visited site), host name of the accessing computer (IP-adress), time of server-request. This data may be attributed to individual persons unidentifiable to us. No compilation of this data is made in other data sources, the data is furthermore deleted after a statistical analysis.
11.3 In addition, the user is informed, that Lalisio uses a server, which is provided and operated by Hetzner Online AG subject to a server hosting agreement. However, Hetzner Online AG does not process or otherwise use any data.
11.4 Lalisio may transmit the name, address and billing number of a user as well as information to the products and services ordered as well as information to the payment method, and as far as applicable, customer numbers to those providers, whose products and cervices have been ordered by the user or appear during the billing process. There is no transmission of such data to unauthorized third parties.
11.5 The information provided for on the “Profile”-Site is accessible to other users. The user consents thereto. The user decides at his own discretion, which information he displays on the “Profile“-Site. In addition, the user has the option within the functionality of the "privacy" site to configure which personal data will be published.
11.6 At any time, the user has the right to demand disclosure of the data saved in relation to his person as well as their provenience and recipient as well as the purpose of the processing of such data.
11.7 The user has the possibility to invite other persons who are not yet members of Lalisio to become a member of Lalisio. Lalisio uses the data needed for this process only for the purpose of the invitation. The data are not used for any other purpose.
12. Duties and obligations of the user
12.1 The user shall only upload such data on the Lalisio Sites which do not violate applicable law, good moral standards or third party rights. The user indemnifies and holds Lalisio harmless, its executive management, employees and contractors from all claims, which result from a breach of the aforementioned obligations, or are raised by third parties. It is the user’s obligation to secure the data uploaded by him on the Lalisio Sites.
12.2 The user shall not,
(a) pretend to be another person, pretend to have a relationship with another person or to have any technical or professional skills which in fact he does not have,
(b) upload software or viruses or other information, data or programs which are meant and capable to interrupt, destroy or impair the functionality of computer soft- or hardware or of telecommunication installations,
(c) interrupt the technical processing of the Services,
(d) interrupt or interfere with the Services or with the server or networks related to the Services, and shall comply with provisions, procedures or other rules of network related to the Services,
(e) collect or save personal data of other users,
(f) intercept or attempt to intercept e-mails or other messages for other users,
(g) send e-mails and comparable messages to other members with the exception of communication purposes, and shall especially not advertise or solicit any goods or Services to other members (except for those cases expressly allowed by Lalisio),
(h) send chain letters, snowball systems or multi-level-marketing through Lalisio.
13. Cookies
13.1 Cookies are files which are stored on the hard drive of the user and not on the Lalisio server. The information contained in such Cookies facilitates the navigation and avoids the necessity that the user has to enter his registration data at any further session. Furthermore, Cookies may be used to design content according to the user’s personal interests, to implement orders and offers or Services, and to inform the user - with the user’s consent - about special offers and new products. Users may avoid the storage of Cookies on their hard drive by adjusting their browser accordingly. If users do not accept Cookies, the functionality of the Lalisio Services may be impaired; Lalisio is not liable for impairments of such kind.
13.2 With the user’s consent, Lalisio stores the data which Lalisio collects from the user in Cookies on the user’s hard drive, and retrieves such information in connection with each further user session.
14. Changes in Terms
14.1 Changes of these Terms are sent to the user via e-mail. If the user does not object within one month following the receipt of such notice, the changed Terms are deemed to be accepted. Together with the notice which contains the changed conditions, Lalisio will separately inform the user of his right to object and the consequences of his silence.
14.2 Terms and conditions which Lalisio introduces with regard to newly introduced Services, are not considered as changes of the respective Terms then in force.
14.3 If Lalisio introduces or raises fees for Services or the procurement of Services already existing, these fee provisions become effective if the user has been notified and does not object to such amendment within one month. The user shall be separately informed about his right to object.
15. Termination of the agreement or parts thereof
15.1 The user may terminate this agreement at any time.
15.2 Lalisio may terminate the agreement with the user for good reason at any time. Such good reason includes, but is not limited to, a wilful or intentional breach by the user of these Terms or if the user does not remedy a violation after written notification within a reasonable deadline.
15.3 In addition, Lalisio may terminate this agreement with the user with two weeks notice. Lalisio may terminate this agreement with respect to individual Services at any time if the agreement between Lalisio and a Partner is terminated.
15.4 In addition, a termination of individual Services is permitted within two weeks notice. The termination will be announced on the Lalisio sites and will be effective upon expiry of the applicable deadline.
15.5 The termination of this agreement does not affect claims which have vested prior to the termination of this agreement.
16. Notices
If notices are to be transmitted pursuant to this agreement, such notices shall, for evidentiary purposes, be made in writing, unless the law provides for a stricter form.
17. Applicable law
This agreement and these Terms are governed by German Law under exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG).
18. Place of performance and jurisdiction
18.1 The place of performance shall be the corporate seat of Lalisio.
18.2 As far as legally permissible, the courts at the corporate seat of Lalisio shall have exclusive jurisdiction.
19. Severability
If any provisions of these Terms should be or becomes invalid, the validity of the remaining provisions shall remain unaffected thereby.
20. German version of these Terms
The original version of these Terms has been written in German. In the event that the English version of these Terms differs from the German version, the German version shall prevail.
