General Terms and Conditions for using roadbeat
- Subject Matter
- Registration, Representation & Warranties upon Registration
- Right of Withdrawal for Users
- Obligations of the User
- Responsibility for Content, Data and/or Information of the Users
- Rights of Use to Contents
- Liability and Release from Liability
- Cancellation of the Contract
- Data Protection
- Final Provisions
The general terms and conditions for using roadbeat are the basis of the roadbeat membership. They regulate the users rights and obligations when using roadbeat.
By registering at roadbeat users accept the following general terms and conditions (hereafter referred to as "GTC") for using roadbeat.
roadbeat operates the services of the online social network roadbeat under different top-level domains (roadbeat.com, roadbeat.net, etc.). In the following, these are summarized under the term "roadbeat website".
These GTCs regulate the contractual relationship between the user of a roadbeat website and roadbeat.
The user enters an agreement with the company roadbeat - Jens Hoppe, Oettingenstr. 25, 80538 Munich - for using the services of roadbeat. Further contact data and the commercial register data are available in the imprint of the website.
The services provided by roadbeat are intended for persons aged 16 or older.
The services provided by roadbeat for professionals (providers of products and services in the travel sector) are exclusively for persons of legal age.
The user can access, print out, download, and/or save these GTCs at any time via the "Terms & Conditions" link that appears on all roadbeat websites.
2. Subject Matter
- 2.1 As a roadbeat member you receive access to roadbeat, a social network centered on traveling.
- 2.2 The roadbeat website offers registered users two options:
- A free, private contact and communication forum (the membership in the free contact forum is referred to as "free membership" hereafter) as well as
- A nongratuitous, private contact and communication forum with additional designated provider profile and offerage pages for professionals in the niche travel segment (the membership in the nongratuitous communication forum is hereafter generally referred to as "pro membership"). Pro memberships do not authorize misusing the forums or messaging services on the platform for advertising purposes, compare paragraph 6.3. There will be an evaluation system though to detect messages possibly containing advertisement so that every user can show or hide advertising contents as he or she wishes.
Pro memberships will be possible starting in October 2008. Until then professional users can mark themselves "pros" but the provider specific services are still under construction and no payments are due.
- Details on the fees for the pro membership for commercial users will be available in April 2008 on the roadbeat website in the area "benefits". The fees listed there are binding. The fees for the pro membership are due for the entire term the moment the invoice is issued and can be paid online by selecting one of the possible modes of payment. The user can pay per debit, especially the accepted credit cards or via the optional online payment method. If a fee cannot be collected, the user bears all emerging costs, especially bank charges connected to the return of debit entries and comparable charges, to the extent in which he or she is responsible for the cost-causing event. roadbeat can send the users invoices for the pro membership fees per email. roadbeat will also make them available as download in the pro members area for the period of (1) year after the invoice is issued.
- Any use of the content and services offered on the roadbeat website beyond the scope of options provided for there, requires the prior written consent of roadbeat.
- roadbeat will only make data provided by the user available to other users if this data does not violate any laws or these GTCs. roadbeat is entitled to remove any illegal or prohibited data from roadbeat websites without prior notice to the user.
- The user acknowledges and agrees that it is technically impossible to achieve 100% availability of the roadbeat websites. roadbeat shall nonetheless aim at keeping roadbeat websites available without interruption. Events related to maintenance, security or capacity requirements, and/or events beyond roadbeats control (e.g. disruptions in public communication networks, power failures, etc.) may result in brief malfunctions or temporary interruptions of the services provided on roadbeat websites.
- roadbeat merely provides the user with a platform on which to establish contact with other users and only provides those technical applications that generally allow users to contact one another. As regards content, roadbeat does not take part in any communication between users. If users enter agreements with one another via roadbeat websites, roadbeat will not be a contracting party to these agreements. The users alone are responsible for the execution and/or fulfillment of agreements they enter with one another. roadbeat shall not be held liable if users are unable to contact one another via roadbeat websites regarding such agreements. Furthermore, roadbeat shall not be liable for breaches of duty in relation to agreements between users.
- Group moderators are entitled to choose their members. They may choose freely whether or not a user may join their group.
3. Registration, Representation & Warranties upon Registration
- Users must register prior to using any of the services available on the roadbeat websites. As this is a community with real names the user assures that all data entered during registration is true and complete. The user may not use pseudonyms or stage names. Every user may only register once and create one user profile. During the roadbeat membership this data should be kept up to date.
- The user warrants that he or she is at least 16 years old at the time of registration. If the user wants to appear as a professional in the travel sector, he or she warrants that he or she is of legal age at the time of registration.
- During registration the user selects a user name that is displayed to persons who cannot view your real name in accordance to the release levels you've set. When choosing a user name, do not use names,
- Which are identical with the name of another person
- Which is protected by copyright, through trademark rights or any other kind of protected right
- Which violate or may violate the rights of other individuals or legal bodies
- Which may provoke or offend other members, e.g. vulgar or insulting user names
- During registration the user selects a password. The user must use a password that is as secure as possible and keep it secret. roadbeat does not know your password as it is saved in encrypted form and will not forward the password to third parties or at any time ask the user to tell them their password.
- By completing the registration process, the user consents to enter the agreement for using the services of the roadbeat websites. roadbeat ratifies the agreement by activating the membership for the use of services on roadbeat websites. The agreement takes effect with the aforementioned ratification by roadbeat.
- It is technically impossible for roadbeat to determine with certainty whether any user registered at roadbeat is in fact the person he or she represents. Therefore roadbeat assumes no liability for the actual identity of a user. Because of the fact that only people invited by already registered users can become new members, the danger of phony profiles is minimized. In case of doubt every user is solely responsible for checking the actual identity of another user.
- The roadbeat memberships are not negotiable
4. Right of Withdrawal for Users
If a user is registered at roadbeat for a purpose that is not related to either his or her commercial or freelance activity, the following provisions apply to him or her as a consumer under the law (§13 German Civil Code):
4.1 Right of Withdrawal
The user may withdraw from registration for the free or pro membership in written form (e.g. by letter, fax, or email) within two (2) weeks without stating a reason. The two-week period begins when the membership is activated by roadbeat but not before the receipt of these instructions.
Furthermore, the user may withdraw from registration for the pro membership in written form (e.g. by letter, fax, or email) within two (2) weeks without stating a reason after changing from a free membership to a pro membership. The two-week period begins when the pro membership is activated by roadbeat, but not before the receipt of these instructions.
For meeting the withdrawal deadline in each of the aforementioned cases, the date of dispatch of the withdrawal notice is decisive. In each of the aforementioned cases, the withdrawal notice can be sent by mail to roadbeat – Jens Hoppe, Oettingenstr. 25, 80538 München, Germany. The user can also deliver the withdrawal notice by using the contact form available on all roadbeat sites, or by sending a fax or letter to roadbeat. The fax number and email address of roadbeat are sent to the user upon registration and can also be found at
The users right to cancel his or her membership (see section 9) shall not be affected by the users right of withdrawal (this section 4).
5. Obligations of the User
As a roadbeat member the user has a variety of opportunities to participate in the community and supply content on the roadbeat platform transcending his or her profile page, such as texts, photos, videos.
The user is obliged,
- To provide only true and non-misleading statements in the user profile and in communication with other users and to refrain from using any pseudonyms, pen or stage names.
- To post as a profile picture only photos of him- or herself in which the user can be clearly and plainly recognized. The user warrants and represents that the public display of the photos he or she uploaded within the community are not prohibited on the roadbeat website.
- To comply with all applicable legislation and respect all third-party rights when using content and services on roadbeat websites. In particular, the user shall not
- Use any insulting or defamatory contents, regardless of whether said contents are directed at another user or roadbeat personnel or other companies,
- Use any pornographic materials or any contents that violate any applicable legislation for the protection of minors; or advertise or promote, offer or distribute any pornographic product or products which do not comply with any applicable legislation for the protection of minors,
- Use contents which may persuade others to illegal or otherwise immoral acts,
- Set links to websites with contents violating any applicable legislation, endangering the protection of minors or containing other prohibited contents,
- Unreasonably annoy (particularly with spam) any other user (cf. §7 of the Unfair Competition Act),
- Use or promote any commercial practices considered unfair competition, including progressive customer acquisition practices (such as chain distribution systems, multilevel selling or pyramid sales), or
- Use without authorization any contents protected by law (e. g. by copyright, trademark, patent, utility patent, or design patent laws), or advertise promote, offer or distribute any goods or services protected by law.
- To refrain from engaging in any of the following annoying actions, even if they do not constitute a breach of any applicable laws:
- Sending chain letters (excepting sending identical private messages to more than one (1) user at the same time),
- Performing, advertising, and promoting any form of structural distribution measures (such as multi-level marketing or multi-level network marketing)
The user is responsible for all contents distributed in his or her name. For this reason he or she chooses a password and takes such measures as needed to guarantee its secrecy. The user is also responsible for unauthorized use of his or her users account by third persons. If roadbeat has notice of or a strong suspicion of a fraudulent use of the users account, roadbeat may take necessary measures and especially lock or close down the access to roadbeat temporarily.
The user is prohibited from the following:
- Employing any mechanisms, software or scripts to manipulate or misuse data or features connected to the use of roadbeat websites. However, the user may use the interfaces or software provided by roadbeat within the scope of services and APIs available on the roadbeat websites.
- Blocking, overwriting, modifying, and copying of any contents of the roadbeat websites, unless said actions are necessary for the proper use of the services on the roadbeat websites. For example, the use of the "Robot/Crawler" search engine technology is not required for the proper use of the services and is therefore prohibited.
- Distributing or publicly disclosing the contents of any websites of roadbeat or any other user.
- Performing any actions, which may impair the operability of roadbeats infrastructure particularly actions, which may overload said infrastructure.
roadbeat users can write reviews on the platform and tag content. The following rules apply for reviews/ratings:
- Ratings/reviews must comply with the truth.
- Ratings/reviews must have a clear reference to the reviewed object (country, region, city, spot, provider or offer).
- Ratings/reviews must be objective and exact. Negative reviews/ratings are possible but have to be expressed factually, best constructively. It is prohibited to use devaluating tags.
- Content provided by professionals/companies are only permitted on the professionals page or on his or her offer pages, not in the area of review comments on his offer - excluded are responses and statements to reviews of his or her offer made by others.
- Family members or employees of a professional may only review the company if the relationship is mentioned openly.
- The entry of URLs, email addresses or telephone numbers for advertising purposes is forbidden. This is only allowed within the professional's profile.
- Reporting rumors or unconfirmed statements of other persons is forbidden.
roadbeat reserves the right to publish these reviews on the roadbeat website. roadbeat members cannot lodge any claims to have their reviews published.
roadbeat reserves the right to block individual reviews if there is evidence that justifies the suspicion of laws or these GTC being violated. roadbeat reserves the right to verify reviews and delete them if necessary.
roadbeat also reserves the right to assess the reviews of the members in a transparent way. For example, roadbeat is allowed to assess reviews as more significant by roadbeat members with a higher level because of extensive activity than the reviews by members who post less reviews. The same is true for reviews by roadbeat members who are rated experts by other roadbeat members in their field of expertise.
6. Responsibility for Content, Data and/or Information of the Users
- roadbeat assumes no responsibility for content, data, and/or information, posted by users of the roadbeat websites or for content of external websites linked to roadbeat and especially does not guarantee that this content is true or serves a certain purpose.
- If the user notices an antinomian use of the roadbeat websites or use contrary to this agreement (including the use of pseudonyms or misleading identities), he or she can report this anytime via the contact form on the roadbeat websites or via the special "report violation" links.
7. Rights of Use to Contents
- When the user posts content (forum contributions, tips/ratings) and/or transfers his or her photos, the user grants roadbeat an unlimited, irrevocable and non-exclusive right of use to the respective contents and/or photos together with the user account chosen by you.
- roadbeat is entitled to duplicate forum contributions, tips/ratings and photos within roadbeat services, distribute them, make them publicly available, and provide them on call (online-, access-, and transfer rights) as well as store them in archives and add them to databases. In doing so roadbeat will protect the users intellectual property rights and personal rights.
- roadbeat is only authorized to change/edit contents and photos provided by users if this is necessary for graphical or editorial reasons.
- The granting of the rights of use mentioned above is free of charge for roadbeat.
- The user guarantees that he possesses all rights to the contents and photos he or she transferred and especially is authorized to assign those rights to roadbeat. Persons visible on photos must be of legal age and have consented to the upload or dispose of a corresponding consent of the legal guardians.
- The user has no right to the publication of his or her content and photos in roadbeat. roadbeat decides on publication at its own editorial discretion.
8. Liability and Release from Liability
- 10.1 roadbeat is liable for any culpable breach of basic obligations under this agreement and in compliance with statutory provisions for assumption of warranted properties (§§ 444 German Civil Code). For damages based on the absence of an agreed property roadbeat is only liable for those damages, which are included in the agreement. In all other cases roadbeat is only liable if the occurred damage was caused wantonly negligently or intentionally.
If roadbeats liability is released for reasons mentioned above this is also true for liability of employees, representatives and auxiliary persons of roadbeat.
The liability for damages for injuries of life, body or health as well as the liability according to the Product Liability Act remain unaffected by the provisions mentioned above.
- By offering third persons a platform, roadbeat is not adopting these contents and therefore will neither consent to nor oppose these contents or edit them. The respective professional or member bears the sole responsibility for external contents which he or she has uploaded to the roadbeat websites - roadbeat is not responsible for any of these contents. If roadbeat is informed that external contents violate these GTC, roadbeat will react adequately according to these GTC.
- If there are only suspicions of a violation against these GTC, roadbeat is not liable for not taking measures against them unless proof for the violation can be found.
- The user shall indemnify and exempt roadbeat from all actions (especially violation of personal rights, copyrights, trademark rights and ancillary copyrights), including damage claims, asserted by others or third parties against roadbeat resulting from an infringement of their rights by the contents posted by the user on roadbeat websites. Furthermore, the user shall indemnify and exempt roadbeat from all actions, including damage claims, asserted by other users and third parties against roadbeat resulting from an infringement of their rights regarding the use of the services on roadbeat websites by the user. The user assumes all reasonable costs roadbeat incurs due to an infringement of the rights of third parties, including all reasonable legal-defense costs. All other rights, including damage claims by roadbeat, are hereby unaffected.
- The obligations of the user mentioned above shall not apply if the user is not responsible for the infringement.
- If rights of third parties are infringed by the contents posted by users, the user shall at his or her own expense and at roadbeats discretion either obtain the right to use said contents or render said contents free of infringement. If the user infringes the rights of third parties by using the services of roadbeat websites, the user shall suspend the antinomian use or use contrary to the contract immediately on demand of roadbeat.
9. Cancellation of the Contract
- The user may cancel the free membership at any time without having to state a cause. The notice of cancellation can be delivered using the contact form under my "profile/profile manager" on all roadbeat websites. After canceling the membership, the user profile data is deleted and the names used for previous forum articles or object ratings are replaced by the initials.
- The user and roadbeat may cancel the pro membership without cause by giving notice within fourteen (14) business days to the end of the minimum runtime chosen by the user in the course of the registration process or to the end of any renewal period after said minimum runtime expires. The user and roadbeat may also convert the pro membership to a free membership without cause by giving notice within fourteen (14) business days to the end of the minimum runtime chosen by the user in the course of the registration process or to the end of any renewal period after said minimum runtime expires. The notice of cancellation or notice of conversion can be delivered using the contact form under my "profile/profile manager" on all roadbeat websites or per fax or letter to roadbeat and the user respectively. When canceling per letter or fax the registered user name must be included. If the user has canceled the pro membership, the user is entitled to retain a free membership until it is separately canceled. The provisions of this section 6.2 shall not affect the right of both parties to terminate the agreement for good cause.
- A good cause is defined as an event which makes it unacceptable for roadbeat to continue the agreement to the end of the cancellation period, taking into account all circumstances of the individual case and weighing the interests of roadbeat against the users. A good cause includes the following events:
- If the user fails to comply with any applicable legal provisions
- If the user breaches a contractual obligation, in particular an obligation set forth in sections 2 and 4 of these GTC
- If the user promotes any communities or associations (or any of their methods or activities) which are under surveillance by authorities responsible for public safety or the protection of minors
- If the user causes harm to any other user(s)
- If the user is a member of a religious sect or a denomination that is controversial
- In the event of a good cause in accordance with section 6.3 and notwithstanding roadbeats right to cancel the contract in accordance with section 6.3, roadbeat is entitled to:
- Delete the contents posted by the user
- Issue a warning, or
- Block the users access to the services on the roadbeat websites if need be
- If roadbeat has terminated the membership without notice on behalf of a violation of these GTC, the person concerned can only reregister at roadbeat with the explicit consent of roadbeat. roadbeat members may not allow former roadbeat members whose membership was terminated without notice to access and use roadbeat.
- The user with a pro membership shall not be entitled to claim reimbursement of any advance payments if the agreement was terminated without notice by roadbeat according to section 6.3 or the users access was blocked according to section 6.4.
The user can ask questions or request explanations regarding his or her contract with roadbeat or the services offered by roadbeat via the contact form available on all roadbeat websites or per email, fax or letter.
11. Data Protection
roadbeat recognizes that any data provided by the user to roadbeat is extremely important to the user, and roadbeat shall therefore be particularly sensitive in handling such data. roadbeat shall comply with all applicable legal provisions regarding data protection (German Data Protection Laws, European Data Protection Directives and any other applicable data protection legislation). In particular, roadbeat shall not provide or otherwise disclose any personal data of the user to any third party without authorization.
Details on roadbeats treatment of the users data are set forth in the Data Protection Policy of roadbeat accessible from each of the roadbeat websites.
12. Final Provisions
- roadbeat reserves the right to amend these GTC at any time, without giving reasons, unless an amendment is unreasonable to the user; reasonable amendments are basically not associated with disadvantages for the user, for example changing contact information, including additional services, etc.
- roadbeat reserves the right to amend these GTC at any time, without giving reasons, unless an amendment is unreasonable to the user. roadbeat shall give due notice of any amendments of these GTC to the user. roadbeat shall inform the user about the users right to object and of the relevance of the objection deadline in said notice. If the user does not object to the applicability of the revised GTC within two (2) weeks after receipt of said notice, the amended GTC shall be deemed to be accepted by the user.
- Unless otherwise stated, the user may submit all notices to roadbeat using the contact form provided on each of the roadbeat websites, or by letter or fax. roadbeat may send notices to the user by email, fax or post to the addresses given in the users current contact data in his or her user account.
- These GTC and any amendments to it must be in writing to be valid. No secondary agreements exist.
- If any provision of these GTC is, for any reason, invalid and/or unenforceable, the remaining provisions shall continue to be valid and enforceable to the fullest extent permitted by law. The parties agree to replace an invalid and/or unenforceable provision with a valid and/or enforceable provision, which most closely approximates the intent and economic effort of the invalid and/or unenforceable provision. This also applies to contractual loopholes.
- The place of performance under these GTC shall be roadbeats main place of business.
- Place of jurisdiction, insofar as legally admissible, shall be the main place of business of roadbeat.
- These GTC and the contractual relationship shall be governed by German Law, excluding international private law and the provisions of the United Nations Convention on Contracts for the International Sale of Goods that have been adopted by German Law.