Terms and Conditions

1. Subject of the Terms of Use

    1. The company heinekingmedia GmbH (hereinafter referred to as the "provider") provides the users with the "stashcat" messenger service (hereinafter referred to as the "portal") a platform which the duly registered users can use to contact each other and communicate. Users can create individual personal profiles and use the other free services currently available on the portal within the scope of the respective availability. Further information on the services can be found under section 3.
    2. The platform is provided exclusively for official use. The user assigns himself/herself to an organisation or indicates this when registering. Use for purely private use is prohibited. The provider reserves the right to delete access, or not to activate it at all, provided it has been set up by individuals who do not correspond to the groups of persons described in these Terms of Use.
    3. These Terms of Use govern the provision of the portal by the provider and the use of the portal by the duly registered user. By concluding the registration process (see section 4 of the Terms of Use), a contract of use with the provider is concluded. The subject of this contract of use is the free use of the portal.
    4. The provider reserves the right to verify the credibility of the data provided in the registration process by the usual methods and to subsequently cancel the corresponding access in case of violations of the conditions of use.
    5. The user's authorisation for use is limited to the access to the portal as well as the use of the respective services available on the portal within the framework of these Terms of Use.
    6. The user is responsible for the creation of the necessary technical conditions in the user's area of responsibility for the contractual use of the services. The provider owes the user no advice in this regard.
    7. Further information about the provider can be found in the legal notice.

 

2. Changes to the Terms of Use

    1. The provider reserves the right to change these terms of use at any time without giving reasons, unless this is not reasonable for the user. Such changes shall be notified by the provider to the user in good time prior to the planned entry into force of the changes. If the user does not object within six (6) weeks of receipt of the notification and continues to use the portal after expiry of the opposition period, the changes shall be deemed to have been effectively agreed as of the expiry of the deadline. In the change notification, the provider will inform the user about their right of objection and the consequences.

 

3. Services available on the portal, change of services

    1. The provider provides the services available on the portal for temporary use. Such services may include, for example, the provision of data, contributions, image and sound documents, information and other content, the ability to create individual user profiles and to contact other users by writing personal messages.

The content and scope of the services are determined by the respective contractual agreements, otherwise according to the functionalities currently available on the portal.

    1. A claim for the use of the free services available on the portal exists only in the context of the technical and operational capabilities of the provider. The provider is committed to providing its services in a manner as disruption-free as possible. However, temporary restrictions or interruptions may occur due to technical disruptions (such as loss of power, hardware and software errors, or technical problems with the data lines) and necessary maintenance.
    2. The provider is entitled at any time to change services provided on the portal, to make new services available and to discontinue the provision of the services, unless this is unreasonable for the user. The provider will take into account the legitimate interests of the users.
    3. The provider reserves the right to place advertisements of third parties on the portal, which could be of interest to the users.

 

4. Registration, handling of access data

 

    1. The use of the services available on the portal requires the registration of the user.
    2. The registration process on the portal is divided into different steps. In the following, the individual steps or possibilities for registration are described in detail:

Step 1: Registration by a user

- The user enters their first and last name and the complete address with the contact information of the company.

- In the next step, the user can register and set their email address and password.

Step 2: Registration for additional users

The already registered user has several options for adding more users:

- Invitation by a registration key and self-registration by the user themselves.

- Creation of a user account via the administration area and provision of a registration letter or a registration email.

    1. The user is in any case obliged to check the data provided during registration for completeness and correctness. The user warrants that all data provided or confirmed by them is true and complete. Changes to the personal data (in particular contact data) must be made by the user via the dialogs provided on the portal. The user further agrees to be contacted by the provider via the contact data stored during the registration process (email, telephone number).
    2. Each user may only register once and may only set up one user profile. As part of the registration, the user selects a password. Passwords and access data must be kept secret by the user and must be carefully secured.
    3. The provider cannot determine with certainty whether a user registered on the portal actually represents the person the user claims to be. The provider makes no guarantee for the actual identity of a user. Each user must therefore take responsibility for identifying another user.
    4. It is the responsibility of the user to ensure that their access to the portal and the use of the services available on the portal are made solely by the user. If there is concern that unauthorised third parties have gained or will gain knowledge of the user's login details, the provider must be informed immediately.

The user is liable for any use and/or other activity carried out under their login details in accordance with the legal provisions.

5. Deregistration of the user, deletion of data and content

    1. The user can terminate their participation in the portal at any time by logging out of the dialogs provided on the portal and deleting their account.
    2. With the cancellation, the user may no longer use their access.
    3. The provider is entitled to irretrievably delete all data resulting from the use within 30 calendar days after the user has logged out and after the expiration of any statutory periods of notice.
    4. The provider further reserves the right to delete the communication data (including files and documents and other content) arising during use in the following cases:
      1. In case of inactivity of the user over a period of 60 calendar days.
      2. The provider is entitled to remove unlawful content and/or content that violates the terms of use of which they become aware at any time without prior notice from the portal.

 

6. Responsibility for content, data and/or information of users

 

    1. The provider accepts no responsibility for the content, data and/or information provided by users of the portal as well as for content on linked external websites (collectively referred to as "third-party content").
    2. The provider does not check third-party content for completeness, accuracy or legality and assumes no responsibility or liability for the completeness, accuracy, legality or timeliness thereof. This also applies with regard to the quality of third-party content and its appropriateness for a particular purpose and with regard to any third-party content on linked, external websites.

 

7. Uploading of own content by the users

    1. Subject to the following provisions, users may post content on the portal and make it available to other users.
    2. By posting content, the user grants the provider in each case a free right to use the respective content,
      1. to store the content on the provider's server and make it publicly available by displaying the content on the portal,
      2. for editing and copying, as far as this is necessary for the provision or publication of the respective content.
    3. Insofar as the user deletes the content they have posted in the portal, the right of use and exploitation granted to the provider expires.
    4. The user is fully responsible for the content they have posted. The provider does not undertake a review of the content for completeness, accuracy, legality, timeliness, quality and suitability for a particular purpose.

The user therefore declares and warrants to the provider that they are the sole owner of all rights to the content posted by them on the portal, or is otherwise authorised (e.g. by an effective permission of the copyright holder) to post the content on the portal and to grant the rights of use and exploitation according to the above section. 7.2.

    1. The provider reserves the right to edit, block or remove any content already posted (including private communication content, news) without prior notice, provided the content itself is in violation of section 9 of the Terms of Use or if there are concrete indications that there has been a serious violation of section 9 of the Terms of Use. The provider will, however, take into account the legitimate interests of the user and choose the mildest means of preventing the infringement of section 9 of the Terms of Use.

 

8. Protection of content, copyrights

 

    1. The contents available on the portal are predominantly protected by copyright or other proprietary rights and are in each case the property of the provider, other users or other third parties who have made the respective content available. The user may only use this content in accordance with these Terms of Use and in the framework specified on the portal.
    2. Any use of the content reproduced on the portal that is not permitted by German copyright law requires the prior written consent of the copyright holder.

 

9. Prohibited activities

    1. The user is prohibited from any activities in connection with the portal that violate applicable law, violate the rights of third parties or violates the principles of youth protection. In particular, the user is prohibited from taking the following actions:
      1. the posting, dissemination, offering and advertising of pornographic content, services and/or products that violate child protection laws, data protection laws and/or other law; and/or fraudulent content;
      2. The use of Content that insults or slanders other user or third parties;
      3. the use, provision and distribution of content, services and/or products that are protected by law or encumbered with third-party rights (e.g.: copyright) without explicit authorisation.
    2. Furthermore, the user is also prohibited from the following activities, irrespective of any possible violation of the law when uploading their own content on the portal or when communicating with other users (e.g. sending personal messages, participating in group discussions):
      1. The dissemination of viruses, Trojans and other harmful files;
      2. Sending junk or spam mail and chain letters;
      3. The dissemination of lewd, offensive, sexually explicit, obscene or defamatory content or messages, and such content or messages that promote or support racism, bigotry, hatred, physical violence or illegal acts, either explicitly or implicitly;
      4. The harassment of other users, e.g.: through repeated personal contact without or against the reaction of the other user, as well as promoting and supporting such harassment;
      5. Asking other users to disclose their passwords or personal information for commercial or unlawful purposes;
      6. The distribution and/or publication of content available on the portal, unless this is expressly permitted by the respective authors or provided as an explicit functionality on the portal.
      7. The making or promotion of anti-competitive activities, including progressive advertising (e.g. chain, snowball or pyramid schemes).
    3. The user is also prohibited from any action that is likely to affect the smooth operation of the portal, in particular to overload the systems of the provider.
    4. If the user becomes aware of an illegal, abusive, illegal or otherwise unauthorised use of the portal, they will inform the provider. The provider will then investigate the matter and, if necessary, take appropriate action.
    5. If there is a suspicion of illegal or criminal acts, the provider shall reserve the right and, if necessary, is also obliged to check the activities of the user and, if necessary, to initiate suitable legal action. This may include the delivery of a case to the law enforcement authorities.

 

10. Suspension of access

    1. The provider may temporarily or permanently block the user's access to the portal if concrete indications suggest that the user has violated these terms of use and/or applicable law or if the provider has any other legitimate interest in suspending the account. When deciding on a suspension, the provider will take due account of the legitimate interests of the user.
    2. In the case of temporary or permanent suspension, the provider blocks the access authorisation and notifies the user via email.
    3. In the event of a temporary suspension, the provider will reactivate the access authorisation after expiry of the suspension period and will notify the user via email. Permanently suspended access authorisation cannot be recovered. Permanently suspended individuals are permanently excluded from participation in the portal and may not log on to the portal again.

 

11. Data protection

 

The provider takes the protection of the personal data, which the users transmit to the provider as part of the registration for the portal or the use of the portal, very seriously. The provider therefore complies with all relevant statutory data protection requirements and will not pass on the user's personal data, in particular without authorisation, to third parties or otherwise inform third parties. Further information on data protection is regulated in the separate Privacy Policy of the provider.

 

12. Final provision

    1. These terms of use are governed by the law of the Federal Republic of Germany governing legal relations between residents.
    2. Should individual provisions of these terms of use be or become ineffective, this shall not affect the validity of the remaining provisions.

Last updated: August 2019