1.1 The following Terms of Service (ÒTermsÓ) govern the access to and the use of the services provided by Amen Internet GmbH (ãAmenÒ) to the users of its services (ãUsersÒ). These services will be referred to as the Amen ServicesÓ. Amen will not accept Users terms, which deviate from these Terms, unless explicitly agreed upon in writing.
1.2 Amen reserves the right to modify its Terms at any time, particularly in order to implement legal requirements or functional changes. Amen will notify its Users about the changes. By accepting these changes, the User agrees to be bound by the revised Terms.
1.3 At any time, the current version of the Terms may be viewed, printed and downloaded at www.getamen.com.
2.1 Amen operates a community portal (the Community Portal). On this Community Portal, Users have the possibility to post their opinion, remark or information, for instance about a certain person, thing or place or to upload additional information (collectively referred to as the Amen Opinion). The Amen Opinion, posted on the Community Portal, can be read and commented on by all Users of the Community Portal, who by commenting create another Amen Opinion. Users can comment on an Amen Opinion by indicating that they follow the respective Amen Opinion or by objecting to this Opinion by posting a different Amen Opinion.
2.2 Users have access to the Community Portal via the website www.getamen.com or after uploading the application which is offered for certain mobile telephones or other mobile devices free of charge (the Amen App).
2.3 Amen may provide its Users with administrative messages concerning the Amen Services. These communications are part of the Amen Services.
3.1 A prerequisite for the use of the Amen Services is the Users registration. The User may register by giving his full name, email address and choosing a password or by accepting the Facebook Connect button, which allows Amen to receive directly from Facebook the additional data which the User has provided to Facebook, for instance on his Facebook profile. In the course of registration, the User shall accept Amens Terms of Service. The registration and the Amen Services are free of charge. The User may supply additional information to Amen such as location information or a profile picture.
3.2 Only natural persons of full age and of unlimited legal capacity, legal entities and partnerships are allowed to register.
3.3 When registering, the User shall provide true, complete and correct data. If the given data changes after registration, the User is obliged to correct the data in his User Account immediately. Amen may check or have checked the data provided by the User for plausibility and refuse or revoke the registration.
3.4 During the registration, the User selects a username and password (the Access Data), which he will need for future login. The User shall ensure that the Access Data will not become known by a third party. Should third parties receive access to Amen Services, through the abuse of Access Data due to fault of the User, the User shall be responsible for any activities or actions which take place under his User name. Amen shall not be liable for loss or damages, which result from the abuse or loss of the Access Data.
3.5 The User may delete his User Account at any time. The UserÕs Amen Opinions or other comments cannot be deleted. They and the License granted according to section 6 of these Terms remain unaffected from any deletion of the User Account.
4.1 By posting the Amen Opinion, following or opposing other UsersÕ Amen Opinions, the User asks Amen to make his Amen Opinion public. The Amen Opinion is instantly disseminated on the Community Portal. The User should only post Amen Opinions that he wants to be made public.
4.2 Amen does not guarantee that the Amen Opinion is complete, truthful, accurate or reliable and does not endorse any Opinion. By using Amen Services, the User may be exposed to content that might be offensive, harmful, inaccurate, deceptive or otherwise inappropriate. Under no circumstances Amen is liable for any Amen Opinion or any consequences thereof.
5.1 The User is solely responsible for any Amen Opinion that he posts on the Community Portal and for any consequences thereof.
5.2 The User is obliged to ensure that his Amen Opinion does not violate these Terms, the applicable law, good manners or any third party rights (personal rights, copyrights, intellectual property rights, data protection rights etc.) or jeopardize pubic policy. In particular, the User undertakes not to post an Amen Opinion, which might offend, denigrate, harass or harm in any other way another person. He shall not post an Amen Opinion, which violates provisions of the Criminal Code (Strafgesetzbuch, StGB), the Interstate Treaty governing the protection of Minors in the media (Jugendmedienschutz-Staatsvertrags, JMStV) or laws governing narcotics, drugs or weapons. Therefore, the User also undertakes not to post any content that shows pornography or that promotes violence or sedition, not to incite criminal acts, not to provide instructions on how to commit criminal acts and to refrain from providing or causing to be provided, services that involve pornographic and / or erotic content.
5.3 The use of Amen Services for commercial, self-promotional or advertisement purposes is prohibited. The User undertakes not to post advertising or automated messages with the same or similar content (Spam) or to invite people to take part in competitions, snowball schemes, chain letters, pyramid schemes and similar promotions. The User also undertakes not to post any information which, given its type or nature (e.g. viruses), size or reproduction (e.g. spamming, overloading, flooding the Services), could interfere with the operation of Amen Services.
5.4 Amen will respond to notices of alleged violation against these Terms properly provided to it. At all times and at its sole discretion, Amen reserves the right to remove Amen Opinions alleged to be violating any of these Terms from the Community Portal without prior notice, the right to refuse to distribute any Amen Opinion on the Community Portal, to terminate User Accounts with immediate effect, reclaim usernames and refuse a new registration of the respective User. The User shall be liable for any damage to Amen due to a posting inconsistent with these Terms.
By submitting or posting an Amen Opinion on the Community Portal, the User grants Amen a worldwide, non-exclusive, royalty-free, transferable license (with right to sublicense) to use, copy, reproduce, modify, adapt, publish, display, delete, distribute, promote, publicly or digitally perform the Amen Opinion or parts of it (the Amen Content) and / or to use it in a similar way (the License).
the Excerpt Right, i.e. the right to unlimited use of the Amen Content or adapted versions thereof; the Right to Display the Amen Content on the Community Portal or in any media format and to delete it; the License will not terminate by the deletion of the User Account; - the Duplication, Reproduction and Distribution Right, i.e. the right to duplicate, reproduce and distribute the Amen Content, including in other ways than on the Community Portal; - the Adaptation Right, i.e. the right to adapt, alter, abridge, divide and cut the Amen Content, to combine and use it with other Amen Content or other works and services, or to adapt the Amen Content in any other way; - the Advertising Right, i.e. the right to utilize the Amen Content, edited or unedited, as often as desired in the form of extracts, especially for advertising purposes in online or offline media; - the Merchandising Right, i.e. the right to commercially exploit the Amen Content via all distribution channels, including internet, promotion, presentation, and publishing; - the Printing Rights, i.e. the right to make, publish, reproduce and distribute illustrated or non-illustrated books, booklets, comics, analogous and digital picture and sound carriers, audio and video text etc., also in the form of summaries, outlines, synopses, deduced from the Amen Content, also in an altered form and - the Publishing Rights, i.e. the right to reproduce and distribute the Amen Content in any issues and editions of media without any limitation regarding the quantity thereof, including the right of preprint or reprint (also of extracts) in papers and magazines, as well as rights to include the same into data processing facilities for exploitation thereof.
7.1 Amen shall only be liable for willful intent or gross negligence. Amen shall not be liable for slight negligence, if no essential contractual obligation is violated, as far as no guarantee has been agreed upon for the quality of a service, as far as there is no maliciously concealed defect, default or impossibility for which Amen is responsible. In case of slightly negligent violation of essential contractual duties, the fulfillment of which is required for the due execution of a contract and the observance of which the User relies on and may rely on, the claim for damages shall be limited to the amount of typically predictable damage. The above limitation of liability does not apply to claims for damages that result from injury to life, body or health. The liability according to the German Product Liability Act (Produkthaftungsgesetz) remains unaffected.
7.3 As far as Amens liability is excluded or limited, the same applies for the personal liability of Amens officers, employees, representatives and agents.
7.4 Liability for subsequent damage, for instance loss of earnings and similar indirect damage and compensation for useless expenditures is excluded.
7.5 Under the current state of technology, due to maintenance work or interference with communication networks of third parties, data transfer via open networks such as the Internet cannot be completely guaranteed to be available any time and error-free. Therefore, Amen does not ensure and is not liable for constant and uninterrupted availability, accuracy, security and reliability of its Community Portal. Amen will not be liable for any harm to the Users computer system, technical failure, data loss or other harm resulting from the UserÕs access to Amen Services or from any Amen Opinion. Amen cannot guarantee that its website is virus-free. The User shall take all necessary safety measures and install the latest security updates, in order to prevent viruses.
7.6 The User is solely responsible for any Amen Opinion that he posts on the Community Portal and for any consequences thereof. Amen does not control the content posted on the Community Portal and cannot take responsibility for such content. Amen is therefore neither liable for any Amen Opinion nor for any link to a third partys website, or availability, accuracy, content or services from such websites.
Amen reserves all copyrights and similar rights with regard to the Amen Services. The User is obliged to recognize and comply with the copyrights.
9.1 Amen undertakes to handle all personal User data (such as name and email address) (the Personal Data) in strict confidence according to statutory provisions and to collect, process, store and use the Personal Data only for the purpose of executing the contract, unless the User expressly consents to other uses. The Personal Data are collected, used and processed electronically. A separate Data Privacy Statement states more detailed information.
9.2 The User consents explicitly to the collection, use and processing of his or her Personal Data according to the Data Privacy Statement.
10.1 For these Terms and all legal relations between the User and Amen, German Law shall apply without the provisions of the German Conflict of Laws and the International Sale of Goods. If the User is a consumer, the legal provisions and rights in the country of the UserÕs residence remain unaffected.
10.2 Jurisdiction over any disputes arising in connection with Amen shall lie with the courts in Berlin, Germany, as far as legally admissible
Should individual provisions of these Terms shall be or become void, the validity of the remaining provisions hereof shall in no way be affected. The parties will undertake to replace the invalid provision in mutual consent by a valid provision, which approximates the economic purpose of the invalid provision as closely as possible. The same shall apply if the provisions are found to be incomplete.