General Conditions of Business
The following General Conditions of Business regulate the contractual relationships between LineUpr and the users and contractual parties as well as the associated agreements between the parties.
Agreements are concluded with LineUpr GmbH, Glacisstraße 20 b, 01099 Dresden, Germany.
Additional identification and the details registered in the commercial register of business names and corporate entities as well as the name of an authorized person responsible for the business of LineUpr, can be obtained from the disclaimer on the LineUpr website.
Please read through the following General Conditions of Business (hereinafter referred to as the ʻGCBs’) carefully.
Art. 1 Subject matter of the user agreements and generalities
1) The LineUpr website is a tool underpinned by semantic techniques for purposes of ‘event marketing’. The services provided on the website enable organizers to create their own mobile web apps and websites for the presentation of content for their events.
2) LineUpr provides an innovative ‘CMS - Content Management System’ to provide backup support to organizers for the creation of suitable event presentations in the form of a mobile app and a website for desktop users.
3) LineUpr operates as a ‘self-service problem solution’ whereby the content of the events are created and serviced completely, or to a great extent, by the organizer him-, her-, or it -self.
4) The description of the services of LineUpr, shown in the ‘description of services‘, are solely legally binding for the services provided, apart from these present GCBs. And, these can, under circumstances be concretized by additional indications in the agreements and in the invoices.
5) The contractual parties of LineUpr are consumers and (retail) traders within the meaning of Art. 14 of the German Federal ‘BGB – Buergerliches Gesetzbuch’ (Civil Law Code). A trader is a natural or legal person or a legally incorporated partnership, which all act in the concluding of agreements in the exercise of their trading activities or of their independent occupational activities. The contractual parties are obliged to inform LineUpr upon the conclusion of an agreement with it, to give notice when they are registered traders. Otherwise, LineUpr must assume that they are consumers.
Art. 2 The conclusion of an agreement and further services
1) The user agreements are contracted upon the registration of the contractual party or organizer on the website of LineUpr. The chargeable use is contracted when the contractual party or organizer registers for the ‘Unlimited’- or ‘Plus’/‘Premium’ Model Services, or extends the ‘Basic’ Model Service to the ‘Unlimited’- or ‘Plus’/‘Premium’ Model Services. Once the user or contractual party registers, they obtain access to the ‘CMS – Content Management System’ and can create one event free-of-charge (app and website). This means, that each user obtains a free-of-charge ‘Basic’ Model Service upon registration. The ‘Plus’/‘Premium’ Model Service is an upgrade on the ‘Basic’ Model Service, which enables additional functions against payment. These functions are indicated in the registration procedure. The conclusion of the ‘Unlimited’ Model Service automatically enables all the functions of the ‘Plus’/‘Premium’ Model Service for each created event, for a definite time period of 1 year without the necessity of having to purchase a chargeable upgrade for each event.
2) The service models provided by LineUpr include the following options:
- a free-of-charge but restricted individualised Basic Modell Service for one event (the service content is shown in the registration procedure);
- a chargeable but individualised ‘Plus’/‘Premium’ Modell Service for one event (the service content is shown in the registration procedure);
- and, a chargeable but individualised Unlimited Modell Service for the duration of one year (the service content is shown in the registration procedure). This Model offers the creation of an unrestricted number of events, on the basis of the ‘Plus’/‘Premium’ Model Service.
The detailed description of the services provided is shown during the registration procedure as well as the specific user agreement.
3) Independent of the type of Model selected by the user or contractual party, the following stipulations are applicable, unless otherwise provided.
Art. 3 Withdrawal rights for users or contractual parties (from chargeable services)
Withdrawal instructions and withdrawal rights
Users and contractual parties can withdraw from their agreements within fourteen (14) days without stating reasons. The time period for withdrawal is fourteen (14) days from the date of the conclusion of an agreement. To exercise the right of withdrawal, users or contractual parties must give a definite declaration of withdrawal to LineUpr by means of postal mail or email.
To comply with the withdrawal time period, it is sufficient that the declaration of withdrawal is received by LineUpr before the expiry of the fourteen (14) days, addressed to:
Glacisstraße 20 b
Phone: +49 351 89664695
The consequences of a withdrawal
When a user or a contractual party withdraws from an agreement, LineUpr is obliged to refund all payments received from the user or contractual party, to include the consignment charges (except the additional charges incurred for the selection of a form of consignment other than the originally selected more economic standard consignment), with immediate effect and at the latest within fourteen (14 days) from the date upon which the declaration of withdrawal is received at LineUpr. The refund will be made by the same method employed for the original payment transaction to LineUpr, unless otherwise agreed. But, in no case will charges be made on the user or contractual party for making the refund.
Unless the user or contractual party specifically informs LineUpr appropriately, that they are not in agreement with this stipulation, the user or contractual party hereby declares and agrees, that LineUpr may commence providing the previously agreed contractual service before the expiry of the withdrawal time period.
When the contractual services are commenced by LineUpr during the time period of withdrawal, then the user or contractual party is to pay LineUpr an appropriate charge pro rata of the overall charge for the service provided from the date of the commencement of the service, up to date of the receipt of the declaration of withdrawal. This is, of course only applicable when the user or contractual party has selected a chargeable service.
Art. 4 The contractual duty of the user or contractual party
1) The liability for the app or for the content transmitted and published on the website of the user or contractual party, is solely that of the user or contractual party, to include the organizer. They are obliged to uphold decency and the requirement of the objectiveness of the statute law. The user or contractual party primarily binds themselves to the following:
- to respect the rights of third parties;
- not to disseminate illegal, defamatory or offensive content;
- not to upload damaged or infected data or files;
- not to disseminate any false or ambiguous information in the content;
- not to give any false or ambiguous information in the registration;
- to give a disclaimer of the organizer on each event publication, so that the person can be identified who posted the content of the event.
2) LineUpr has the right to erase all content of the user or contractual party infringing the foregoing regulations, with immediate effect. The organizer is to keep LineUpr harmless from any claims of third parties concerning infringements of third-party rights perpetrated via the account or the access to the services of the relative organizer.
3) In addition, LineUpr hereby reserves the right to exclude the user or contractual party from the employment of the app or their website, in the case of a foregoing infringement.
Art. 5 Changes in the GCBs and divergences from the services provided
1) LineUpr hereby reserves the right to change the GCBs without stating reasons, unless these are unreasonable for the user or contractual party. In case of a change in the GCBs, users and contractual parties will be notified thereof in good time. The user or contractual party accepts the newly changed GCBs, unless they complain within six (6) weeks. At the same time as the notification of the changes in the GCBs, the user or contractual party will be instructed on the availability of withdrawal rights and the significance of the withdrawal time period.
2) Otherwise, changes in the GCBs by LineUpr will be made in the following cases:
- the changes are solely for the benefit of the user or contractual party;
- the changes are mandatory for LineUpr, to bring the GCBs in line with applicable law and in particular with alterations in statutory requirements;
- the changes are a consequence of a court order on LineUpr or a decision of the authorities;
- the changes are necessary because of the introduction of new content or elements in the services, unless the changes involve disadvantages to the user or contractual party in comparison with the original conditions.
In such cases, a notification will be issued to the user or contractual party of the intended changes in the GCBs.
3) LineUpr hereby reserves the right to diverge from the services provided, unless such is unreasonable for the user or contractual party. Divergences will be introduced in the following cases:
- to close any existing security loopholes;
- to address any existing or altered statutory requirements or to comply with an order of the court.
4) No divergences from the services provided in the foregoing sense will represent changes in the graphic form or any restructuring of the functions.
Art. 6 Invoicing, settlement and terms and conditions of payment
1) The user or contractual party can pay invoices by means of the settlement procedure provided by LineUpr. When an amount due cannot be collected and/or settled, then the user or contractual party is to bear all the charges incurred by LineUpr, in particular bank charges in connection with the refund of direct debits and similar charges to the extent of the responsibility of the user or contractual party for the circumstances involved.
2) LineUpr is entitled hereunder to transmit invoices and payment reminders solely by electronic means.
3) The charge for the ‘Unlimited’ Model Service is payable for the total definite time period with immediate effect.
4) LineUpr hereby reserves the right, to increase the charge for the ‘Unlimited’ Model Service appropriately, at the commencement of any new extended contractual time period, subsequent to the minimum user time period or to the current extension time period. An increase in charge will be made only once during any one contractual time period. In such a case, LineUpr will notify the user or contractual party appropriately at least six (6) weeks before the end of the minimum user time period and/or the current extension time period. When a user or contractual party wishes to contradict, they can do so within four (4) weeks via the ‘Contact Form’ on the LineUpr website or by postal mail or by email. Such a contradiction is tantamount to a notice to terminate the agreement foe the ‘Unlimited’ Model Service by the user or contractual party, so that the agreement terminates as of the expiry date of the existing minimum user time period, or of the current extended extension contractual time period.
5) In cases of settlement by direct debit, LineUpr will require the name of the bank and the postal address of the user or contractual party, as well as his-, her-, its approval to settle by direct debit. In cases of settlement by credit card, LineUpr will require the postal address as well as the approval of the user or contractual party. The relative charges are to be borne by the user or contractual party.
Art. 7 Duration and termination of the agreements
1) In case of the free-of-charge ‘Basic’ Model Service, an account will be opened for the creation of several events. This represents the underlying prerequisite for the creation of any event. The agreement for the ‘Plus’/‘Premium’ Model Service is contracted by means of an upgrade and enables additional functions, which are concretized by the package provided by LineUpr. The contracting of the agreement will require no particular termination of the original agreement. The duration of the ‘Basic’ Model Service continues together with the existence of the account. The ‘Plus’/‘Premium’ Model Service is also contracted for the time period during which the account exists.
2) The chargeable ‘Unlimited’ Model Service runs initially for the minimum user time period of one (1) year contracted by the user or contractual party. Thereafter, the agreement for the ‘Unlimited’ Model Service extends to run for a time period of the same duration, unless notice is given to terminate by the user or LineUpr within the necessary time period of notice. The contractual parties can give notice to terminate the agreement for the ‘Unlimited’ Model Service with stating reasons, of four (4) weeks for the expiry of the minimum user time period or subsequently for the expiry of the extension time period, via the online Contact Form, by postal mail, message or email message.
3) Independent of the model selected by the user or contractual party, both the user or contractual party and LineUpr are entitled to give notice to terminate the agreement, without observing a time period of notice, extraordinarily at all times on material grounds. A material ground for an extraordinary and immediate termination of an agreement is, when the continuation of an agreement is unreasonable for the party giving notice, up to the expiry of the statutory time period of notice to terminate, under consideration of all circumstances of individual cases and the interests of both parties.
4) Material grounds for LineUpr in particular would be the following circumstances:
- failure to observe statutory requirements by the user or contractual party;
- infringements by the user or contractual party of their contractual duties;
- the user or contractual party exploits the app or their website for associations or communities and their events, which are under the scrutiny of the security authorities or the authorities for the protection of juveniles;
- the user or contractual party is a member of a sect or controversial religious denomination in Germany.
Art. 8 Stipulations concerning the content of third parties
1) When LineUpr employs services or content from third-party providers, in particular interfaces, graphics and/or texts, their exploitation is only from free sources or subject to appropriate licensing.
2) LineUpr can adopt no liability for the content, data and information made available, employed and posted by the user or contractual party. This also applies to proposals made by LineUpr and adopted by the user or contractual party. No verification of the legal position will be undertaken by LineUpr and such is a matter for the user or contractual party.
3) In case of the occurrence of material grounds for giving notice to terminate an agreement under Art. 7, Section 4, LineUpr can impose the following sanctions, independent of the notice to terminate:
- the erasure of content, which the user or contractual party has introduced;
- deactivation of the access to the services of the LineUpr website or to individual applications; or
- the issuing of a caution.
4) Otherwise, LineUpr hereby refers to liabilities for the content of the user or contractual party on the ‘Disclaimer’ of LineUpr, which is viewable via the link.
Art. 9 Liabilities and limitations of liability
1) LineUpr is liable without limitation for premeditative and gross negligent infringements of contractual duties and statutory duties, perpetrated by LineUpr, its legal representatives or vicarious agents involving death or injury to persons or encroachments upon their health, as well as loss or damage to property.
2) The following are also applicable hereto notwithstanding the stipulations of Art. 9, Section 1:
- LineUpr will make every effort to ensure access to the website of the user or contractual party, and the availability of the app, twenty-four (24) hours a day and seven (7) days a week. There is no claim to the services of LineUpr in cases of non-culpable breakdowns or restrictions of the use, e.g. disruptions in the internet, or ‘Act of God’ (force majeure), or to indemnities for loss or damage or diminution. The same applies for temporary encroachments caused by necessary updates for the app, or servicing- and maintenance -routines on the website. In addition, no warranty, guarantee or liability can be adopted for the app being capable of display and fully functional on all mobile terminal equipment (e.g. by erroneous browser settings).
- LineUpr is only liable for gross negligence when LineUpr infringes essential contractual duties, i.e. those duties whose explanation actually enables the execution of the contractual agreement, and compliance with which, the user or contractual party can regularly expect (so-called ‘cardinal contractual duties’). The liability of LineUpr is limited to the type of loss or damage foreseeable at the date of the contracting of the agreement and/or to the typical loss or damage foreseeable at the point in time of the infringement.
- The regulations of Art. 9 include all contractual and statutory claims, which may result from these terms and conditions of use and from the use of the services provided by LineUpr. Otherwise, any other liability of LineUpr is excluded hereunder. This applies in particular to loss of data or loss or damage to the terminal equipment of the user or contractual party by the non-premeditated behaviour of LineUpr.
Art. 10 Data protection and advertising
1) The collection and use of personally identifiable data as well as private postal addresses and locations may only be made with the approval of the user or contractual party, or in so far as is permitted by the statute law.
2) The self-developed content made available by LineUpr as well as their design, are copyright protected. All rights are hereby reserved by LineUpr. The copying, reproduction and dissemination of all texts, graphics, video- and sound –sequences and other content are only permitted with the permission of LineUpr.
3) Once the user or contractual party has approved the collection and use of data, there is always the possibility of switching off this function within the app by means of the ‘Opt Out’ button.
4) LineUpr exploits raised data for the expansion of statistics on user behaviour, which however reveal no identification whatsoever. All such evaluations are held anonymously and are not personally referred.
5) LineUpr acts according to the general data protection statutory requirements enshrined in the German Federal ‘BDSG – Datenschutzgesetz’ (Data Protection Legislation and in the ‘TMG – Telemediengesetz’ (Telemedia Legislation), for the individual use of information- and communication –services to the public at large, in text, sound and image. Under the ‘BDSG’-Data Protection Legislation, LineUpr acts on the principles of data-reduction, data-economy, data-transparency and data-security. The data raised and exploited by LineUpr, and also by its contractors, are only employed for the necessary execution of the agreements concluded with the users and contractual parties, and for the servicing of the contractual relationship thereunder, as permitted under statutory requirements, and when required by either of the parties.
6) The user or contractual party hereby declares and agrees, that the user data may also be exploited by LineUpr for purposes of advertising, market research or for the required design of telemedia, and for the creation of user profiles in anonymous form. The possibility exists at all times to contradict the exploitation of the user data. Under no circumstances are user profiles brought together in conjunction with the relative personally referred data. The introduction of advertising is conducted under consideration of the statutory requirements of Art. 4a of the ‘BDSG’-Data Protection Legislation, Art. 12 et seq. of the ‘TMG’-Telemedia Legislation and Art. 7, II of the German Federal ‘UWG – Unlauterer Wettbewerbs-Gesetz’ (Legislation governing unfair competition).
7) Should the user or contractual party require information on their raised personally referred data, or the erase of the same, the sending of an email message to: email@example.com is sufficient.
8) The data protection rights of the user or contractual party are otherwise published in the ‘Datenschutzrichtlinien’ (Data Protection Declaration) of LineUpr, which can be viewed by clicking on the link.
9) LineUpr is entitled to exploit the app created by the user or contractual party for its own advertising purposes.
Art. 11 Final stipulations
1) LineUpr is entitled to assign its contractual rights and duties in whole or in part to third parties. In such a case, the user or contractual party will be given specific notice thereof.
2) The place of the corporate domicile (registered office) of LineUpr is Dresden, Germany.
3) The place of fulfilment for the contractual duties is the place of the corporate domicile (registered office) of LineUpr.
4) The place of jurisdiction for all disputes concerning the content and extent of the agreement, is the place of the corporate domicile (registered office) of LineUpr. The place of jurisdiction is not applicable for consumers, but only when the user or contractual party is a registered trader, a legal person under the public law, or a holder of special assets under the public law.
5) The body of law of the Federal Republic of Germany is applicable, to the exclusion of the United Nations Convention of Contracts for the International Sale of Goods.
6) Should any one stipulation of these present GCBs be or become ineffective, or be altered because of individual contractual arrangements, then such is not to affect the validity and effectiveness of the remaining stipulations of the GCBs, unless any insistence on the terms and conditions of the agreement involves hardship for a contractual party.
(Version: July 2019)