§ 1 Scope, Definitions
(1) The SPiN AG, Bischof-von-Henle-Strasse 2b, 93051 Regensburg, (henceforth called "SPiN"), is providing a communication platform at http://www.freggers.com for the general public (henceforth called "Community"). The following General Terms of Use apply to each user of this Community.(2) A user within the context of these General Terms of Use is each person, which uses and/or registers at the Community named in Sec. 1 and/or takes advantage of the offered communication opportunities.
(3) The user assures with the acknowledgement of these General Terms of Use that he/she either is over 18, or has the express permission of his/her parent(s) or legal guardian to use the Community named in Sec. 1.
(4) SPiN retains the right to change these General Terms of Use at any time. The user will be referred to the currently applicable version of the Terms of Use every time he/she logs in. However, there will not be an individual notification to the user; it is his/her responsibility to review the Terms of Use for changes each time the Community is being accessed and used. Continued usage of the Community after logging in following a change in the General Terms of Use constitutes the acknowledgement and agreement by the user to the revised General Terms of Use.
§ 2 User's Rights
The user has the right to use the Community referenced in § 1 Sec. 1 for private purposes only, including the offered communication opportunities within the Community.§ 3 User's Responsibilities
(1) Any usage of the offered communication opportunities within the Community referenced in § 1 Sec. 1 for purposes other than private communication, especially for business and specifically advertising purposes, is forbidden. In particular, it is expressly forbidden to send sporadic or mass mailing of similar content or the same content throughout the Community (junk mail, spamming). Access and usage of the Community referenced in § 1 Sec. 1 may only be gained through a web browser, or through a software package authorized by SPiN prior to the usage thereof.(2) The sending of data or software that could affect the hard- or software of the receiver in an illegal manner is forbidden. Usage for purposes that could cause an interruption of the data transfer, leading to physical, material or property damage, is also forbidden.
(3) The user does not have the right to decompile, change, translate, disassemble, develop derivative software or reverse-engineer the Community software or parts thereof; nor affect any other changes, or make copies or have copies made by third parties.
(4) The user does not have the right to engage in unlawful and illegal activities while using the Community referenced in § 1 Sec. 1, nor allow third parties to do so. The same applies to actions that constitute inappropriate behavior and bad manners. It is especially forbidden for the user to send messages or data containing illegal content, or content that constitutes inappropriate content and bad manners. This applies specifically to any content spread, made available, or propagated, of criminally relevant, youth-endangering, illegal, or otherwise unlawful nature; especially if it is pornographic, racist, violence-promoting, or violates the individual rights of third parties. Furthermore, it is forbidden to offer, announce, extol, or otherwise make available any opportunities for sexual acts or actions. It is not allowed to use the Community to spread, copy, use or make available through links, any works that are copyrighted (art, music, literature, software, etc.), if the legal requirements to do so are not met. This also applies if the user is an operator or paying member.
(5) The user is obligated not to annoy, harass or otherwise harm other users. Furthermore, it is not allowed to gain unfair advantage, over other users with only one Fregger, by the registration or sms verification of additional Freggers.
(6) Instructions given by SPiN staff members in order to uphold order within the Community are to be followed.
§ 4 SPiN's Rights and Responsibilities
(1) SPiN is providing the Community for private information exchange and communication purposes to the general public free of charge.(2) The user does not have a legal right to the permanent usage of the Community. SPiN is especially not obligated to provide constant availability or accessibility of the service. However, SPiN will make every effort to run the Community without interruptions, and develop it further to accommodate the needs of the users. SPiN does not guarantee the accessibility of the Community, nor does it claim the Community to be free of errors.
(3) SPiN expressively reserves the right to make changes, restrict, or completely cease the offered service, or parts thereof, at any time. It is especially possible that the service is temporarily unavailable due to maintenance. This does not give the user any rights against SPiN.
(4) If the user violates the Terms of Use, especially the responsibilities of the user as defined in § 3, SPiN has the authority to invoke its virtual domiciliary right. This means that SPiN has the right to block the user in question from accessing the Community, without giving reasons, and to further completely delete any and all content associated with that user. This applies to chat moderators and VIP members as well - there are no exceptions.
(5) SPiN has the right to delete nicknames and any associated content of registered users if the handle has not been used for three consecutive months. The handle will then be released for new registration after its deletion.
(6) The Community is provided exclusively for private use, and the exchange of communication. Any use thereof for business purposes is expressly forbidden; see § 3 Sec. 1 for specifics. Should the user violate this regulation and use the Community for business purposes, especially advertising purposes, a contract violation fee of 1,000 euros will be assessed by SPiN for each instance of violation against the contract. This does not affect SPiN's possible additional claims for damages.
(7) The users of the Community are hereby warned that any spreading of unlawful content may result in criminal prosecution. Should SPiN learn of such an instance, SPiN has the right, and may be obligated, to immediately remove any unlawful, illegal, or inappropriate content, and retain such materials for evidence purposes. In such cases, SPiN has the right to ban the user from the Community.
(8) Should SPiN suspect a user of violating the General Terms of Use, or the penal law, or of displaying inappropriate behavior, it retains the right to record the actions of that user and any chat content associated with that user. SPiN obliges itself to comply with any and all data protection acts while doing so.
§ 5 Responsibility for Content
(1) The user is solely responsible for any and all content published by him/her on the Community's website, forums, and chats. SPiN is not obliged to review content for lawfulness prior to publishing, or to review their Internet pages on a regular basis for possible illegal content. Unlawful content is defined as such as is deemed inappropriate, against the generally accepted ethics, violates intellectual, business or other patent rights of third parties, especially copyrights and trademarks, as well as general personal rights.(2) Once SPiN gains concrete knowledge of such content and its illegality, it has the right to remove such content or block access to it. SPiN furthermore has the right to permanently or temporarily ban the user whom has introduced such illegal content, from accessing the Community. Any rights to claims by the user regarding removed content or the blocking of access to certain content, and/or the temporary or permanent ban of the user him/herself, are excluded.
(3) The user releases SPiN from all claims by third parties resulting from infringements on their rights which were caused by unlawful content posted by the user. The user in particular has to reimburse SPiN for any damages resulting for SPiN based on third parties invoking their rights to damages because of infringement of their rights.
§ 6 Registration
(1) The user has the ability to register a nickname and protect it with a password. The user will appear in the community under this nickname. When registering, the user must provide personal information, for example their name, e-mail address, and sex). The user affirms that all information provided is accurate and factual (this includes optional information such as the birthday listed in the profile). If SPiN has reason to believe the information provided is not accurate, the company reserves the right to require the user to verify the information provided by submitting legal documents such as an identification card.(2) SPiN has the right to request and save the user’s telephone number as part of this registration, or can collect this information after registration has been completed.
(3) Upon providing a user access to the Web site and the related ability to use the related services, SPiN has officially rendered its services. Upon logging in for the first time using a nickname and password, the user has made use of this service.
§ 7 Use of the Cash Account
(1) Upon registering a username, each registered user receives an account for a game currency called "Cash". A user can load their Cash account with Cash by making payments to SPiN. Cash can then be applied to use certain functions and services within the community.(2) The user decides how to make payment and the amount to pay, that is how much Cash they would like to load onto their account. The Cash account can be loaded based on fixed amounts that are set forth in the price list. A user can load Cash onto their account multiple times as long as the maximum amount set by SPiN (if such a maximum is set) has not been reached.
(3) The desired number of Cash is credited to the user’s account two days after receiving payment, at the latest. If payment is not carried out correctly or fails for reasons outside of SPiN’s control (for example the bank does not make payment, the account number is wrong, etc.), the Cash will not be credited and the user will not receive any notification of said failure. SPiN reserves the right to decline another attempt at loading the account with a reference to the previously failed direct debit or bank transfer.
(4) The user is responsible for verifying the level of Cash in their account. SPiN provides all users with the ability to verify their respective Cash account balance under the heading "Cash", and print out a copy of the balance, should they so desire. Furthermore, SPiN backs up all account information using normal measures based on the current state of technology using backup systems. SPiN would like to stress, however, that based on the current state of technology it is not possible to protect hardware and software against all external abuse and data loss. An invoice or receipt for the account balance is not provided.
(5) If a user has a justified reason to believe that their username or password (and therefore Cash account) are being or have been the victims of abuse, the user must promptly inform SPiN of this in writing, by e-mail, or by telephone. SPiN will suspend the user’s account within 24 hours of receiving notice, otherwise SPiN can be held liable for losses of Cash in the Cash account (if SPiN is responsible for the delay), however, only up to a maximum of 50 euros.
(6) If the user does not have any Cash in their Cash account or has completely used their Cash, the Cash account will be deleted in accordance with the terms of use if the user does not log in with their username for a period of three subsequent months.
(7) A refund of the Cash account balance will not be issued if the user, in particular as a result of a breach of the terms of use, is suspended in accordance with Section 4.4 or has their account deleted or deletes their own account in accordance with Section 4.5.
§ 8 Refunds
(1) Furthermore, a refund of amounts paid will not be issued should the community be temporarily unavailable as a result of technical difficulties or failures, particularly those experienced within the course of routine maintenance.(2) If SPiN is forced to close the community due to operational or other reasons, users will have no claim to a refund of amounts paid. Should SPiN be forced to close the community, users will be informed of this decision in due time, at least two months before the final date of closing, which will give users enough time to use up any existing balances in their Cash accounts. In this respect, a refund of amounts paid will not be issued.
(3) The exclusion of refunds set forth in other sections of these terms of use remains unaffected.
§ 9 Right of Withdrawal
The user has the right to withdraw their declaration of intent to conclude a contract. The user has a period of two weeks to submit their notice of withdrawal. This period begins upon being informed of the right of withdrawal, at the earliest. The deadline will be considered to be met by promptly sending the notice of withdrawal. A reason for withdrawing does not need to be provided, and the notice must be submitted in written form (either by mail, fax, or e-mail) to SPiN AG. The notice can be sent via fax to +49-941-942-7722 or to the address specified in the “Legal Information” section of the Web site. If the withdrawal is submitted within the withdrawal period, the customer is no longer bound by their registration, that is by the contract with SPiN AG regarding the use of the community, or by their agreement to SPiN AG’s terms of use. However, the right of withdrawal no longer applies if the user has already used the community, or if the user agreed to the terms of use at an earlier time, for example during registration. Upon logging in for the first time using a nickname and password, the user has made use of the services provided by SPiN AG. Generally, the right of withdrawal does not apply to the later purchase of optional Cash.§ 10 Liability
(1) SPiN is not liable for any damages which occur as a result of transfer failures, interruptions, or other malfunctions within the community, insofar as SPiN is not responsible for these malfunctions or if they occur as a result of maintaining and expanding the features of the community, in particular as a result of routine maintenance.(2) Furthermore, SPiN is not responsible for damages which occur as a result of a user not handling their username, password, or other sensitive information carefully. Each user is responsible for protecting their information, in particular their password, and is responsible for preventing abuse by third parties. The user is responsible for damage which occurs as a result of their own carelessness. In case of data loss, SPiN is only liable for expenses resulting from the recovery of said data which would have resulted had the customer correctly and regularly backed up the data. In particular, SPiN is not liable for data losses with regard to the Cash account, insofar as the user did not regularly back up the balance of the Cash account through printing out the account balance or through other means.
(3) Furthermore, SPiN is only liable for malicious intent or gross negligence. With regard to slight negligence, SPiN is only liable in the case of death or bodily injury or breaches of essential contractual obligations.
§ 11 Remarks and Definitions
(1) SPiN provides the Community referenced in § 1 Sec. 1 as a service provider only. SPiN is not responsible or liable for content posted by the users on the Community website, including hyperlinks and similar indicators; unless SPiN has explicit knowledge of illegal or unlawful or inappropriate content.(2) Honorary chat monitors (so-called operators or ops) are persons chosen by SPiN employees, who monitor the general mood and content of a given chat. In case of a violation of the Terms of Use or netiquette, these ops can, based on their own discretion, either notify a SPiN employee or impose their own consequences, which could include temporary or permanent ban of users, as well as deletion or blocking of content.
(3) Honorary chat monitors are not staff members of SPiN; they are not compensated by SPiN, nor are they bound to follow SPiN's instructions. Additionally they are not authorized, nor do they have access to, special functions provided by SPiN, which would allow them to monitor or record "private messages" of users.
§ 12 Miscellaneous
(1) Should one of the regulations of these General Terms of Use prove to be invalid, the validity of the remaining regulations shall not be affected. Instead of the invalid regulation, the parties shall negotiate a replacement that comes as close to the intent of the original as possible while remaining legal; the same applies to possible loopholes in the agreement.(2) All changes or amendments to this agreement require written form; this also applies to the change or amendment of this clause.
(3) Exclusive court of jurisdiction for all legal disputes resulting from this agreement is Regensburg, provided that the user is a qualified merchant, a legal person under public law, a special fund under public law, or if the user has no jurisdiction in the Federal Republic of Germany.
(4) Applicable law for all legal disputes resulting from this usage agreement is the German Law. Should it contain a referral to another legal regulation, such reference shall be excluded.
Privacy Policy
1. Collection & Use of Information
Personal information is defined as any information regarding the personal or material circumstances of a particular or determinable natural person. The personal information collected during registration is used for the purpose agreed upon of participating in the freggers.com community. The information collected is only disclosed to third parties as required by law or in cases where the user has been explicitly informed prior to transfer and has voluntarily approved the transfer/further use of this information. The user profile created voluntarily by the user can be viewed by all Internet users, and in particular, can be viewed on various search engines’ results pages.2. Revocation
The user has the ability to change the information provided at any time. The sole exception is the telephone number given for the purpose of user verification. The user can revoke the consent given within the scope of this privacy policy by simply using the option made available by freggers.com to completely delete their account including their personal information. If an account is deleted, all information contained in the user’s profile is completely removed. Content submitted by the user to public areas remains in these areas, however, without any relevant personal information from their profile. Public comments made by a user which inadvertently contain sensitive/personal information can be deleted by contacting our customer service team and informing them of the exact URL to be removed. In addition, messages sent to other users which the recipient has saved are not automatically deleted. Information from users whose accounts are suspended by SPiN AG are only deleted after a 30-day period, during which time the suspension can be reversed if it is determined that the account was suspended in error. After this period expires, profile information provided by the user is deleted in the same way as is the case with a voluntary deletion, however, we reserve the right to save any information we feel necessary to maintain the suspension, such as the user’s username, e-mail address, and the telephone number provided during registration. However, this information will not be used in any way other than to maintain the suspension of the account.3. Cookies
Cookies are small text files managed by a user’s Web browser which allow users to be recognized without having to reenter their username and password. freggers.com uses cookies in order to clearly assign Web queries to a specific user, as well as to save other information which is not of a personal nature, such as the settings selected by the user for our Web site. Personal information is not disclosed, and the cookies are not compared with or linked to personal information such as a name or address for identification purposes.4. Records
Every time any page of our Web site is accessed or a user logs in or out of their account, freggers.com saves every user’s current IP address, the Web browser used, and the name and status of the file accessed by the user, and links this information to the user’s chosen username. These logs are only used for troubleshooting purposes, to optimize our software, to identify and track unauthorized access attempts, and to enforce our terms of use. This information is never used for commercial purposes. The Web site access logs are deleted after seven days provided that no relevant criminal investigations are pending, all other logs such as the log-in/log-out logs are deleted at the latest three months after being collected, provided that no relevant criminal investigations are pending. As long as we do not receive a report of abuse submitted using the options available on the Web site, private messages cannot be seen by freggers.com employees. Upon reporting abuse, the affected user’s previous private messages are securely transferred to a freggers.com employee. Users have the ability to report abuse, even with other offers. Reports of abuse are accepted, reviewed, and if necessary, transferred to the appropriate authorities by freggers.com employees. If a user purchases optional offers, the relevant payment information is saved for as long as necessary to process the payment.5. Usage statistics
In order to measure and to improve the usability of our website, we use the following web analytics services:
a) "Google Analytics", a web analytics service provided by Google Inc. Google Analytics also uses cookies in order to measure and analyze the usability of the website. The information collected in the cookie (about the user's use of the website) is transmitted to a Google server in the USA and stored there. The user's IP-address is transmitted incompletely, and therefore cannot be traced back. Google uses this information in order to provide us with statistics of the use of our website and to provide other services related to the use of the website and Internet use. Google may pass on this information to third parties if this is legally required or if the third parties process the data by order of Google. Google will not associate the user's IP address with any other data held by Google.
The processing of these cookies can be deactivated in the settings of your browser. Moreover, you can choose to disable Google Analytics for visits to any website, not just our service.
b) "ClickTale", a web analytics service provided by ClickTale Ltd. ClickTale may record mouse clicks, mouse movements, scrolling activity as well as text you type in this website. ClickTale does not collect personally identifiable information that you do not voluntarily enter in this website. ClickTale does not track your browsing habits across web sites which do not use ClickTale services. For more information see ClickTale's Privacy Policy: http://wiki.clicktale.com/Article/Privacy_policy
You can choose to disable the Service at http://www.clicktale.net/disable.html