Terms and Conditions
1 Coverage, Definitions
(1) The service uk.myzooclub.com that you are registering for is an offer from the zooplus AG company ("ZOOPLUS" or "WE"). zooplus is offering a communication platform for general use online at the internet address uk.myzooclub.com ("COMMUNITY"). The zooclub Communit
(2) As defined by these Terms and Conditions, a user is anyone who uses the Community by registering as a member or using the communication services offered as a member, guest, or visitor.
(3) By agreeing to these Terms and Conditions, the user assures that he/she is 18 years of age or older, or that he/she has received the explicit consent of a parent or legal guardian to use the Community.
(4) zooplus reserves the right to change these Terms and Conditions at any time. Before each login, the user will be advised of the current & valid version of the Terms and Conditions. However, there will be no individual notification of the user. Every u
2 Rights of the User
The user has the right to use the Community and the communication opportunities offered there solely for private purposes.
3 Responsibilities of the User
(1) Any use of the Community other than private use is prohibited, especially commercial uses and thus especially use for advertising. Thus especially the single or mass dispatch of e-mails with the same or very similar content (junkmails, spam, etc.) ove
(2) The dispatch of data or software that could illegally influence the recipient is prohibited within the Community, as is use with intent of disruption of the data transmission which could lead to property damage or monetary damage.
(3) The user does not have the right to decompile, change, translate, de-assemble, develop derivative programs, apply reverse engineering, or carry out other changes or duplication on zooclub, personally or via a third party.
(4) The user does not have the right to undertake illegal or inappropriate activities while using the Community, personally or via a third party. The user is especially prohibited from sending, publishing, or making available the following: messages or fi
(5) The instructions or directions from zooplus employees in regard to the maintenance and order of the Community are to be followed/obeyed.
(6) The user may not take any actions to remove or blend out advertisements on the website.
4 Rights and Responsibilities of zooplus
(1) zooplus makes the Community available to the public free of charge for private information exchange and communication.
(2) The user has no legal right to permanent or enduring use of the Community. Particularly, zooplus is not obligated to a constant availability or accessibility of its services. Nonetheless, zooplus endeavors to maintain the services of the Community err
(3) zooplus explicitly reserves the right to change, restrict, or completely discontinue the services offered or part of the services offered. Particularly, the user has no right to any claim against zooplus regarding temporarily unavailable services due to maintenance work.
(4) If the user violates these Terms and Conditions, especially the responsibilities on the user defined in § 3, zooplus has the right to make use of its virtual domestic authority. This means that zooplus has the right to ban the user in question from the Community without stating a reason and to completely delete the content of this user.
(5) zooplus has the right to delete nicknames and other content (where applicable) that has not been used for more than three months in a row. The nickname will be released for use/registration after deletion.
(6) The Community is exclusively intended for personal use and communication; a commercial use is explicitly prohibited.
(7) The users of the Community are explicitly advised that the distribution of inappropriate content may have legal consequences. In these cases, zooplus has the right and in some cases the responsibility to immediately remove known inappropriate or illegal content and to save it for purposes of proof. In these cases, zooplus has the right to ban the user in question from future use of the Community.
(8) In the case of a violation of the general Terms and Conditions, including legal violations, and appropriate behavior, zooplus has the right to record the activities of the user, as well as the content of his or her online communication over the Community. Respectively, zooplus is obligated to comply with the current relevant data privacy and protection laws.
§ 5 Responsibility for Content
(1)The user is responsible for the content and entries he or she publishes in the internet pages of the Community, as well as any chatting entries or other communication he or she takes part in. zooplus is not obligated to screen or review entries and materials before they are published, or to regularly review its internet pages for inappropriate or illegal material. Inappropriate material includes content which is offensive or violates general ethics or the rights of a third party, especially trademark or copyright rights, or general personal and identity rights.
(2) After confirmation of concrete content and its inappropriate or illegal nature, zooplus has the right to remove this content or block access to it. Furthermore, zooplus has the right to temporarily or permanently expel the user who has created or published the inappropriate content from use of the Community. Claims from aforementioned user regarding the removal of or blocked access to the inappropriate content, or regarding the user's temporary or permanent expulsion are out of the question.
(3) The user releases zooplus from all claims from third parties regarding the violation of their rights through content published or communicated by the user. The user is also particularly required to compensate zooplus for all damages that may result from claims by third parties against zooplus due to content or communication published by the user.
§ 6 References and Definitions
(1) zooplus provides the Community referred to in paragraph § 1 simply as a service. zooplus takes no responsibility for content that is published or communicated by users in the community internet pages, particularly including hyperlinks and similar references. This is no longer true when zooplus has positively recognized inappropriate or illegal content.
(2) Honorary chat moderators (so-called operators or ops) are users selected by employees of zooplus (or administrators of chat rooms used by zooplus) who monitor the sentiment and content of the chat and communication in the chat rooms. In the case of a violation of the terms and conditions or so-called netiquette, by course of their own determination, they will either alert a zooplus employee or to proceed themselves against violations, including the possible temporary or permanent expulsion of users and/or the deletion or blocking of inappropriate content or communication.
(3) Honorary chat moderators are explicitly not vicarious agents of zooplus. They do not receive any kind of payment for their activities and are not bound to directives from zooplus. Furthermore, they are neither authorized by zooplus, nor are they provided with special functions from zooplus, to follow or record "private dialogues" of other users.
§ 7 Other
(1) In the case that a clause of these Terms and Conditions becomes invalid, the remaining clauses remain intact and valid. In place of the invalid clause, the parties will agree to honor an appropriately similar rule, that is nearest to the original intention as possible, but is valid.
(2) Applicable law for all disputes resulting from this use is German law.