Preamble
On registering as a user of the Relopia platform you accept the following general terms and conditions for the use of Relopia, hereinafter referred to as the "Conditions of Use").
Relopia operates the services of Relopia under various domains (Relopia.com, Relopia.at, ...etc) as well as other subdomains and aliases of these domains. All websites on which Relopia provides the services of Relopia are hereinafter referred to collectively as the "Relopia platform".
These Conditions of Use regulate the relationship between the user and Relopia, regardless of which of the websites the user is registers on or logs into.
The offerings are aimed solely at over-age persons.
1. Control
1.1. The Relopia platform provided works in real-time mode on our server.
It is not therefore possible for the operator of the system to exert direct control on entries posted on Relopia.
1.2. Please note that we cannot monitor the contributions of our visitors and members online. We accept no liability for the content, the correctness and the form of individual contributions posted. Every author of entries is solely and personally responsible for his or her contributions as the author.
1.3. The statements made in user contributions do not represent opinions or statements of fact with which the operator of this platform identifies or agrees with.
1.4. The operator distances itself from the content on this platform and is not responsible for said content.
2. Prohibited contributions
2.1.We hereby explicitly prohibit the posting of illegal, racist, pornographic, inhumane, insulting contributions, and contributions which go against common decency, as well as hyperlinks to same.
2.2. This also includes infringements of the rights of third parties, such as is the case with Warez, Keygen and Unlocker software products, for example, to name just a few, as these infringe copyright.
Should the administrator or a moderator become aware of contributions of the nature described above, these will be removed from the system without any notification to the author, or will be corrected by the administrator or moderator.
2.3. Equally, the administrator or moderator can exclude that user from Relopia.
Due to the technical structure of the platform, it is not possible for the operator to carry out full and absolute control of the contents of the platform. Each user is therefore personally responsible for legal infringements. For this reason, should content of the above-mentioned nature nevertheless be found on the platform, this does not indicate any toleration or identification with this content on the part of the operator. Should the user become aware of content of this type, he or she should notify the platform operator without delay.
3. Data protection
The personal data saved during the registration process is not forwarded to third parties by the system operator or used to create spam email lists – data protection is not only taken very seriously at Relopia.com, but is also implemented on a daily basis. Relopia is aware that the highly sensitive treatment of all personal data provided by users to Relopia is of the utmost importance.
4. Object
4.1. The Relopia platform offers registered users a free level of usage.
4.2. Any use of the services and content on the Relopia platforms, with the exception of the options provided by Relopia, require prior written agreement from Relopia.
4.3. The user recognises that 100% availability of the Relopia platform cannot be guaranteed for technical reasons. However, Relopia undertakes to keep the Relopia platform available constantly as far as possible. In particular, maintenance, security and capacity demands, as well as events outside the control of Relopia (such as faults on the public telecommunications networks, power cuts, etc.), may result in short-term errors or in the temporary cessation of services on the Relopia platform.
4.4. Relopia is simply offering users a platform to bring users together with other users, and for this purpose Relopia provides only those technical applications which facilitate general contact between users. Relopia does not take part in the communication between users in terms of content. Should users create contracts between themselves via the Relopia platform, Relopia shall not be in involved in these contracts in any way and is therefore not a contractual partner. The users themselves are solely responsible for processing and fulfilling the contracts concluded with other users. Relopia accepts no liability if no contact takes place between the users via the Relopia platform in connection with a contract of this nature. Furthermore, Relopia shall accept no liability for breaches of duty of the users arising from the contracts concluded between users.
5. Registration, assurances during the registration process
5.1. The user is required to register before making use of the services on the Relopia websites.
5.2. The user shall assure that all data given by him / her during the registration process is true and complete. The user is required to inform Relopia of changes to his / her user data without delay.
5.3. The user shall assure that s/he is over-age at the time of registration.
5.4. During the registration process, the user chooses a password. The user is required to keep this password secret. Relopia will not forward the password to third parties and will not at any stage ask the user for his/her password.
5.5. Every user may only register once and may only create one user profile.
5.6. For technical reasons, Relopia cannot determine with certainty whether a user registered on Relopia is actually the person that the user claims to be. Relopia therefore provides no guarantee of the actual identity of a user. Every user is required to use due diligence in ascertaining the identity of another user.
5.7. By default, every user of Relopia receives an email sent to him/her on a weekly basis which informs him/her of upcoming events in the coming week. This email can be deactivated at any time. To do this the user can go to "Edit account". In these emails there are no adverts or any other products not included in Relopia.
6. Obligations of the user
6.1. The user is required to give only true and no misleading details in his / her profile and in his / her communication with other users.
6.1.2. The user shall ensure that the public display of the photos he or she provides is permitted on the Relopia websites. The uploading of photos or illustrations of others or non-existent persons or other creatures (animals, fantasy beings, etc.) is not permitted.
6.1.3. When using the content and services on the Relopia websites, the relevant laws and all third party rights must be observed. In particular, the user is prohibited from using offensive or slanderous content, regardless of whether this relates to other users, Relopia staff or other persons or companies, pornographic content or content which contravenes youth protection law, and from advertising, offering or selling pornographic products which contravene youth protection law, pestering other users unreasonably (in particular with SPAM; see German law on unfair competition, 1984, UWG), to use legally protected content (e.g. by copyright, trademark, patent, registered designs or registered design laws), without being legally authorised to do so, and from advertising, offering or selling legally protected goods or services, as well as undertaking or promoting anticompetitive actions, including progressive customer advertisement (such as chain, snowball or pyramid systems).
6.1.4. The following aggravating actions are prohibited, even if they do not specifically infringe any laws:
Sending of chain letters, sending of identical private messages to multiple users simultaneously, conducting, promoting or fostering structured sales activities (such as multi-level marketing or multi-level network marketing), or suggestive or sexual communication (explicit or implicit).
6.2. The following actions are prohibited to the user:
Use of mechanisms, software or scripts in connection with the use of the Relopia websites.
However, the user may use the interfaces or software made available to him / her by Relopia as part of the services offered on the Relopia websites. The copying as part of "robot/crawler" search engine technologies, for example, is not required for the proper use of the services of the Relopia websites and is therefore explicitly prohibited. The distribution and publication of content from the Relopia websites or from other users. Every action which could impair the functionality of the Relopia infrastructure, in particular overloading the infrastructure.
7. Changes to services on the Relopia websites
Relopia reserves the right to change the services offered on the Relopia websites or to offer alternative services, unless this is unreasonable to the user.
8. Termination of the contract, repayment of sums paid in advance
8.1. The user may terminate the free membership level at any time without specifying a reason.
8.2. Relopia may terminate the contract at any time in accordance with legal provisions, citing a significant reason, even without observing a period of notice.
A significant reason shall be deemed to be if the continuation of the contractual conditions up to the expiry of the legal notice period for Relopia, taking in account all conditions of the individual situation and on weighing up the interests of Relopia and of the user, is unreasonable.
Significant reasons may be the following situations in particular:
Non-observance of legal regulations by the user, infringement of the user of his / her contractual obligations, in particular arising from points 5. and 6. of these Conditions of Use.
The retrieval of the services offered on the Relopia websites is significantly impaired by the presence of the user (e.g. should it come to light after the user registration, that the user has been issued with a final sentence and other users are aware of this judgement).
The user promotes organisations or associations – or their methods or activities – observed by security or youth protection authorities, or the user harms one or more users.
8.3. Should a significant reason exist in accordance with point 8.2., Relopia can also impose the following sanctions on the user, regardless of a termination according to point 8.2.:
Deletion of content which the user has posted, giving of a caution, or block of access to services on the Relopia websites.
8.4. In the following cases, the claim of the user to reimbursement of sums paid in advance shall be excluded: Relopia terminates the contract in accordance with point 8.2. for a significant reason, Relopia blocks the access of the user in accordance with point 8.3, or
The user terminates the contract; the claim of the user for reimbursement of sums paid in advance is not excluded, however, if the user terminates based on a significant reason arising from the area of responsibility of Relopia.
9. Responsibility for content, data and/or information of the user
9.1. Relopia shall accept no liability for the content, data and/or information provided by the users of the Relopia websites, and for the content of linked external websites. Relopia shall in particular not provide any guarantee that this content is true, meet a specific purpose, or can be used for a specific purpose.
9.2. If the user notices any use of the Relopia websites that infringes law or the contract (including the use of pseudonyms or false identities), he or she should inform Relopia via email.
10. Liability of Relopia
Compensation claims – regardless of the legal basis – against Relopia (incl. their representatives) due to minor negligence, shall only exist if a significant contractual/cardinal obligation has been infringed.
Compensation claims are in this case restricted to the level of the typically foreseeable damages.
Claims due to physical damage as well as due to damage to property shall remain unaffected by product liability law.
10. Exemption
11.1 The user shall exempt Relopia from all claims, including claims for compensation, arising from other users or other third parties to Relopia due to an infringement of their rights, by the content posted by the user on the Relopia websites.
Furthermore, the user shall exempt Relopia from all claims, including claims for compensation, arising from other users or other third parties to Relopia due to an infringement of their rights, by the use of the services on the Relopia websites by the user.
The user agrees to pay all reasonable costs arising to Relopia due to an infringement of the rights of third parties, including the reasonable costs arising for legal representation.
All further rights and compensation claims of Relopia shall remain unaffected.
The primary obligations of the user shall not apply, assuming the user is not responsible for the relevant infringement.
11.2 If the rights of third parties are infringed by the user of the user, the user shall furnish Relopia with the right to use the content, at Relopia's discretion, at the cost of the user, or provide the content free of legal protection. If by using the services on the Relopia websites the rights of third parties are infringed, the user will immediately cease the use which infringes the contract and/or law at Relopia's request.
12. Final provisions
12.1. Relopia reserves the right to change these Conditions of Use at any time without citing a reason, unless this is unreasonable for the user. Relopia shall promptly inform the user of changes to the Conditions of Use. If the user does not object to the validity of the new Conditions of Use within two (2) weeks following notification, the modified Conditions of Use shall be deemed to have been accepted by the user. Relopia shall inform the user in the notification of the right to object and the significance of the objection deadline.
12.2. Unless otherwise agreed, the user can send all notifications to Relopia via email or by fax or via a letter to Relopia.
Relopia may send notifications to the user via email or by fax or letter to the addresses which the user provided as current contact information in his / her user account.
12.3. Should individual regulations of these Conditions of Use be or become ineffectual, the effectiveness of the remaining regulations shall remain unaffected.
The contractual partners shall be required to replace an ineffectual regulation with an effectual regulation which comes as close as possible in its regulation content to the financial intended purpose and meaning of the ineffectual regulation. This shall also apply to contractual loopholes.
12.4. The place of fulfilment is the headquarters of Relopia.
12.5. The court of jurisdiction shall be the headquarters of Relopia as far as legally permissible.
12.6. Austrian law shall apply to the exclusion of international civil law and the UN Purchase Law incorporated into Austrian law.