Terms

 

General Terms and Conditions   

for  the CAMOONI network  

 

§ 1 General  

(1) CAMOONI GmbH,  Heimhuder  Strasse  63, 20148 Hamburg, Germany (hereafter referred to as Provider), operates the  blogging network  CAMOONI (hereafter referred to as CAMOONI). CAMOONI members distinguish between  Corporate Bloggers,  Bloggers and Followers / Networkers.  Corporate Bloggers are companies that promote their own brands, goods or services via CAMOONI. Bloggers who use CAMOONI for commercial purposes with the aim of promoting  others, e.g. by way of  mentioning  or linking  specific brands, products or services of companies  in their  blogshots  (abstracts of blogs) or linked blogs  and receive financial reimbursement or benefits in kind, are Bloggers.  They are also considered  Bloggers  when they offer their services  as  bloggers via CAMOONI.  All other members posting  blogshots  on CAMOONI for private purposes are also Bloggers.  Members who are neither a  Corporate  Blogger nor a Blogger are considered Followers / Networkers. They can read, rate, comment on and report posts, but  cannot post blogshots.  Members must choose to register as a Corporate blogger, Blogger or Follower / Networker.   

All members have their own profile page (MySite). Bloggers and Corporate Bloggers can post blogshots for free on their MySite. In addition, CAMOONI has a GlobalSite where Corporate Bloggers can post their blogshots as showcases for a fee. For this they must acquire a credit. Blogshots are displayed by category / country / language ​​on the GlobalSite. Members can follow, comment on, rate, share and report  blogshots on both the MySite and GlobalSite. Blogs are also  rated  on  the  GlobalSite  as  blog charts, which can also be viewed by non-members by category / country / language.  

In addition, CAMOONI provides a search engine that allows Corporate Bloggers to collaborate with  Bloggers that is known as coop management (see § 4 Coop management). Corporate Bloggers and Bloggers can also have third parties use and manage their user accounts/profiles (see § 5 Business Managers and Coop Managers). Bloggers also have access to what is known as the follow me feature which is used for members with a follower account who arent following them yet. If a Blogger activates this feature, CAMOONI members with a follower account  CAMOONI will be sent a request to follow that particular blogster. Members with a follower account are free to decide whether to accept or decline such requests. 

(2)  Members use of CAMOONI is subject to  the Providers  Privacy Policy, the following General Terms and Conditions (hereafter referred to as GTC)  including  the Community  Rules. By registering on CAMOONI, the member acknowledges the afore mentioned contractual terms as being both relevant and binding. Any derogating  general terms and conditions the member may have are not recognised unless the Provider expressly agrees to their validity in writing. In addition to the Privacy Policy,  non-registered users are also subject to the CAMOONI General Terms  of Use  when using the GlobalSite.   

(3) The Provider reserves the right to modify or supplement these GTC  including the Community Rules  should the law change, if supreme court rulings  order  a change, or if changes are required for technical reasons, due to a change to CAMOONIs portfolio, or in order to optimise the services. Members are only bound by any modifications or supplements to these GTC if they expressly agree to them. The option to accept such modifications or supplements is provided when members log in for the first time since the introduction of any modifications of supplements. Should members decline any changes to these GTC, they have seven (7) days to back up and save their profile account and delete their user account. They will not be able to post new blogshots or showcases during this time. After the seven (7) days have elapsed, the members account will be automatically deleted and the usage agreement will end.  

§ 2 Registration  

(1) Registration with CAMOONI is a prerequisite for the Provider services set forth in § 1 (1) of these GTC. There shall be no entitlement to register or use CAMOONI. Persons who register with CAMOONI must be at least 16 years of age. The Provider reserves the right to reject registrations from minors or to obtain consent from a minors legal guardian before accepting registration. Should legal guardians permit minors to use CAMOONI, they accept full responsibility for the actions of said minors both on and in connection with CAMOONI.   

(2)  Registrations  may only  be made  once per e-mail address. Persons who act on behalf of a company warrant that they are authorised to register with and use CAMOONI. In addition,  Members  warrant that the data they provide, in particular during the registration process and in their user account, is genuine, complete and up to date.  They  are required to inform the Provider without delay of any and all changes to their data. The edit feature in their user account can be used to make changes to data. The selected username must not violate any third-party rights, and trademarks in particular. Usernames  with trademarks or corporate marks of the Provider (e.g.  CAMOONI  and/or blogshot)  and confusingly similar terms are prohibited.  

(3) Registration requests are accepted  by way of  a confirmation  e-mail.  

(4) All logins for user accounts are personalised and may only be used by the member permitted to do so as well as their authorised representative. Members are required to keep their username and password secret, and to protect said data from being accessed by unauthorised third parties.   

(5) Members are responsible in full for any and all actions carried out using their password, user account and profile. Members must inform the Provider without delay in the event of suspecting misuse by a third party. As soon as the Provider is informed of any unauthorised use, it will block the unauthorised members login and, if necessary, delete the members user account. The Provider reserves the right to amend a members username and password for technical reasons. In such cases, the Provider will inform members  of this without delay.  

§ 3 Showcases 

(1) Corporate  Bloggers  can purchase credit to post their  blogshots as  showcases on the GlobalSite. Credit may be purchased in amounts ranging between 5 and 250 Euros. Corporate  Bloggers submit a binding request to purchase the selected credit when clicking on the Buy now button. Corporate  Bloggers can amend and view orders before submission. However, purchase requests can only be submitted and transmitted by checking the I have read and accept the GTC box to acknowledge acceptance of said GTC which then form an integral part of the request.  

(2) Contracts are only entered into when the Provider submits a declaration of acceptance to be sent in a separate e-mail (order confirmation) when requests are accepted. Invoices in the members user account also include the contract text. On German-language CAMOONI pages, contracts are concluded in German. Otherwise contracts will be concluded in English.  

(3) Blogshots posted on the GlobalSite using credit  (showcases)  will be ranked on CAMOONI for the  period  of  time  displayed  in the  order  process  before being automatically deleted. The afore mentioned period of publication will be reduced if the member violates the GTC or the Community Rules  during this period. In this case, the Provider can delete the blogshot immediately. In this case a repayment of the already used credit is excluded.  If members change from a Corporate Blogger account to either a blogster or a follower account, all blogshots - including paid showcases - will be deleted automatically. Such an account change does not entitle the member to reimbursement of credit used to pay for showcases that have been deleted. 

(4) SHOWCASE prices are based on the CAMOONI price list applicable at the time of ordering. All prices are net and in euros. Companies whose registered office is in Germany will receive an invoice subject to 19% VAT via their user account. Payments can be made via PayPal or credit card (Visa, Mastercard). Corporate  Bloggers can view their available credit, invoices and order history at any time in their user account.   

(5) Payment of ordered credit is due immediately upon conclusion of contract.   

§ 4 Coop management  

(1) Coop management provides  Corporate  Bloggers with the option to cooperate with other members via a search system. To this end,  Corporate  Bloggers can enter their search criteria in the coop management settings and then receive an instant overview of members who are potential candidates for  a cooperation. They can  then view the profiles (sed cards) of the displayed members. Every call of a  sed card is subject to a charge. The prices are displayed in the coop management and deducted from the credit account in the case of the order.  The due amount will be deducted from a  Corporate  Bloggers credit after viewing the first one (1) to three (3)  sed cards. Up to six (6) additional  sed cards can be viewed within the scope of a search. Fees of  Corporate  Bloggers whose registered office is in Germany are subject to 19% statutory VAT. Viewed  sed cards are saved in a list in the memberMySiteAs a fee is charged to view  sed cards, previously viewed  sed cards will no longer  appear in subsequent searches.  Section 3 of these GTC apply  mutatis mutandis with regard to the order process, pricing and payment.  

(2) The Provider merely facilitates contact between  Corporate  Bloggers and other members, meaning that it does not act as a contracting party to the cooperating parties within this context. The Provider does not provide any warranty that  cooperations  will be entered into, nor that they will  generate any degree of success. The Provider also provides no warranty for any mistakes that occur between the  cooperation  parties. 

§ 5 Business managers and coop managers 

(1) Corporate Bloggers can appoint business managers, and Bloggers can appoint coop managers to manage their user account. Business managers are persons or companies that manage and use a Corporate Bloggers user account and profile. Corporate Bloggers can choose between two types of business manager in their user account: administrator or moderator. They differ from one another in terms of the access and usage rights granted by the Corporate Blogger. Coop managers are persons or companies that act on behalf of blogsters in the coop management (see § 4 for further details). There is only one type of coop manager. More information about the access and usage rights for business managers and coop managers are available by visiting hier ]. Business managers and coop managers may be third parties, i.e. they do not have to be members of the same company as Corporate Bloggers or Bloggers. However, users to be appointed as business managers or coop managers must be registered CAMOONI members. Their membership type (Corporate Blogger, Blogger, follower/network) is of no importance, but they must be at least 18 years old. 

(2) Corporate Bloggers can click on the business manager button in their user account to search for CAMOONI members by username (if displayed along with their profile photo) and ask them to be their business manager. Corporate Bloggers must define the business managers access and usage rights in advance by selecting administrator or moderator in the request. When creating a sed card, i.e. not in the user account, Bloggers can search for CAMOONI members and ask them to be their coop manager. A designated field is available for blogsters to enter usernames. After a blogster sends a request, the recipient will receive an e-mail via the address they entered on CAMOONI. This e-mail contains a go to user account button so the user is taken to their user account where they can accept or decline the request. Bloggers can only appoint one coop manager, while Corporate Bloggers can appoint as many business managers as they like. Business managers and coop managers can manage as many user accounts as they like once they have been granted the corresponding rights to do so. 

(3) Corporate Bloggers and Bloggers warrant that the content which business managers and coop managers post using the assigned user accounts/profiles is subject to the same usage rights as those granted to the Provider in § 9. 

(4) The Provider merely mediates between Corporate Bloggers/Bloggers and business managers/coop managers. § 4(2) of these GTC apply mutatis mutandis. Corporate Bloggers/Bloggers bear sole responsibility vis-à-vis the Provider in terms for all actions performed by business managers/coop managers on their behalf when using the assigned user accounts/profiles. Corporate Bloggers/Bloggers and business managers/coop managers shall, on first request, indemnify the Provider from all third-party claims asserted against CAMOONI due to the actions of the business managers/coop managers using the assigned user accounts/profiles. This also applies to any privacy violations, breaches of private and trade secrets, fines, penalties, intellectual property violations, copyright levies  and legal defence fees.  

§ 6 Vouchers 

The Provider will, at its discretion, issue vouchers in the form of free codes (FREE CODES) that can be used free of charge for CAMOONI services for which a fee is normally charged (e.g. showcases). Registration as a Corporate Blogger is required to be able to take advantage of a FREE CODE. It should be noted that Corporate Bloggers are only allowed to promote themselves on CAMOONI. As a result, FREE CODES may not be used to promote others. There is no entitlement to receive a FREE CODE and each FREE CODE may only be redeemed once. FREE CODES can only be redeemed online on CAMOONI and cannot be exchanged for cash payment. Any commercial resale of FREE CODES is strictly prohibited. FREE CODES cannot be used in conjunction with purchased credit. 

§ 7 Blog content / Advertising restrictions for bloggers  

(1)  Content that members post is governed by these GTC as well as the Community Rules.  

(2)  Bloggers may offer their services as bloggers (especially as guest bloggers) to others only in coop management. They  may not promote  their  own services as a blogger in or through  blogshots  posted on  their  MySite or GlobalSite.  However, blogshots  may be posted on the MySite or GlobalSite  for commercial purposes with the aim of promoting others, e.g. by way of  mentioning or linking specific brands, products or services of companies in their  blogshots (abstracts of blogs) or linked blogs and receive financial reimbursement or benefits in kind.  When posting such  blogshots, Bloggers must select the provided Ad-frame label to designate them as being advertising.  

(3)  Sed cards are only to be uses in the coop management. Nevertheless, Corporate Bloggers can download and duplicate sed cards after purchasing them for internal purposes. Reselling or publishing sed cards is strictly prohibited. CAMOONI holds the exclusive rights to use sed cards and their content.   

§ 8 Deleting, blocking and amending content   

(1) The Provider is entitled, at its discretion and without a prior hearing, to block a member from using CAMOONI temporarily or permanently. It is also entitled to block individual items and  to  block or delete member content if there are reasonable grounds to suspect that the members actions are in violation of the law, these GTC, the  Community  Rules, or if the Provider is legally obliged to block or delete member content. Blocking and/or deletion applies to the person or company linked to the member, meaning that the person or company  that was blocked  and/or deleted  is not permitted to re-register under a different name. There shall be no entitlement to unblocking or retraction of a deletion, even if it subsequently emerges that there were not sufficient grounds for doing so.  

(2) The Provider reserves the right to amend or add to CAMOONIs content, structure and user interfaces.   

§ 9 Usage licence / Copyrights  

(1)  Members grant the Provider a non-exclusive, transferrable, sub-licensable, free of charge, global licence to use the content they post on  CAMOONI which  constitutes  intellectual property, such as text, photos and videos. If members terminate their membership, the Provider may continue to publish content that members posted on CAMOONI unless the Provider is legally obliged to remove the content from CAMOONI.  Any further use by or for CAMOONI is not permitted following termination of membership. 

(2)  CAMOONI contains all kinds of data and information subject to trademarks and/or copyrights held by the Provider or, in certain cases, by third parties.  This,  for example,  also  includes the black-sheep button with which content can be reported.  For this reason, you are prohibited from downloading, reproducing and disseminating CAMOONI, in full or in part, unless granted express permission to do so by the Provider. You may technically reproduce CAMOONI for browsing purposes.  

§ 10 Responsibility  demarcation   

(1) The Provider is not responsible for content provided or forwarded by members. This includes, in particular, content in blogshots, linked blogs and websites/apps as well as posted  links,  text, images, videos, graphics, etc.  Members are solely responsible for ensuring that content and links comply with legal requirements.   

(2) Members shall, on first request, indemnify the Provider from all third-party claims asserted against CAMOONI due to content  and links  provided or posted by members. This also applies to any privacy violations, breaches of private and trade secrets, fines, penalties, intellectual property violations, copyright levies  and legal defence fees.  

§ 11 Warranty  

(1) No warranty will be provided for the identity of  authors  of  blogshots  and blogs,  nor  for the correctness, accuracy, usability and completeness of information on CAMOONI. Accordingly, the Provider accepts no warranty  for errors, inaccuracies or incomplete content on CAMOONI.   

(2) CAMOONI is, in principle, available 24 hours per day,  seven (7) days per week. Outages due to maintenance work and/or technical updates are excluded from this, as are periods of time in which CAMOONI is not available or only available to a limited extent due to force majeure (e.g. hacker attacks, fire damage, public telecommunication network outages). The preceding scenarios do not constitute a lack of  services;  hence the Provider also accepts no liability therefor. Full use of the CAMOONI feature set requires the latest (browser) technologies and app updates along with the activation of, for instance, JavaScript, cookies and pop-ups. The use of  outdated  technologies and apps may lead to limitations of service.   

§ 12 Liability   

(1) Subject to paragraph 2 of this  Section, the Provider shall not be liable for any loss or damage arising out of the use of any CAMOONI content which has been posted, e-mailed or otherwise transferred via the services provided by CAMOONI.  

(2) The Provider is liable without limitation in the event of deliberate acts or gross negligence. However, in the event of minor negligence, the Provider is only liable if duties are  breached  whose fulfilment is indispensable for proper implementation of contract (cardinal duties). Liability as a result of breaching a cardinal duty is limited to contractually typical damage, the occurrence of which the Provider had to reckon with at the time of conclusion of contract on the basis of the circumstances known at that time.   

(3) The preceding liability limitations also apply correspondingly in favour of the Providers vicarious agents. They do not apply, however, in the event of injury to life, limb or health. Liability pursuant to the German Product Liability Act remains unaffected.  

§ 13  Contractual term  

(1) The usage contract based on these GTC is concluded for an unspecified period of time and begins upon registration with CAMOONI.  

(2) The contract may be terminated by either party at any time. Deletion of the members account constitutes termination of contract.   

§ 14  Remaining credit  

(1) Disbursement of unused credit is only possible once  the membership  has been terminated. Credit will be paid out without interest within 30 days of termination.   

(2) Credit will be paid out using the same method with which it was purchased. If members use a payment method to purchase credit that is no longer be available, e.g. if the account  originally  used has been closed, they should e-mail support@camooni.com to inform CAMOONI of their new account details.   

§ 15  Dispute resolution   

The Online Dispute Resolution (ODR) for consumers is available here: http://ec.europa.eu/consumers/odr/. The Provider is not obliged to participate in a dispute resolution procedure brought before a dispute resolution body.  

§ 16  Final provisions  

(1) Contracts concluded between the Provider and  members are governed by German Law, excluding the provisions of the United Nations Convention on Contracts for the International Sale of Goods. Statutory provisions limiting the choice of law and applicability of binding legislation, particularly that of the state in which members generally reside as consumers,  remain unaffected.   

(2)  For members who are merchants, legal entities under public law or separate public estates, the legal venue for any and all disputes arising in connection with contractual relationships between  such  members and the Provider shall be the Providers registered office.   

(3)  Should any of the individual provisions set out in these GTC and Community Rules be or become ineffective and/or violate statutory provisions, this shall  not affect the validity of the remaining provisions. The contracting parties will mutually agree to replace the ineffective provision with one that legally comes closest to the  intended  economic purpose of the invalid provision. The preceding provision applies mutatis mutandis to the closure of any gaps.   

Last updated:  March  2018  

CAMOONI GmbH,  Heimhuder  Strasse  63, 20148 Hamburg, Germany

 

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