Terms and Conditions

Spreadyo – General  Terms and Conditions/Terms of Use

An Internet provider of services under www.spreadyo.com and, as a result, contract partner of the User is spreadyo GmbH (Ltd.) Ruwoldtweg 15, 22309 Hamburg(hereafter called « spreadyo »).

spreadyo will provide an on-line  web platform with community character on which users can publish ideas, declarations or opinions that are formulated as so-called Spreads. Other users can join a Spread and, in so doing, proclaim in general their approval and invite others to join this Spread also.
Spreadyo's Terms and Conditions of Use and Privacy guidelines are valid at all times (link). On checking the box at login this is confirmed.

1. Area of Application and Coverage
   These conditions apply to every interaction between users as well as to regulate any transaction between spreadyo and the users. Visitors to spreadyo who do not agree to the conditions of use, may not use this service as registered members. Unregistered visitors to spreadyo have only limited features at their disposal and are unable to submit contributions or access members' profiles.
    
2. Registration

   a) Members
   Only natural persons can become a member. Anybody who registers as a member declares that he/she agrees to the Terms of Use and the Privacy Guidelines by activating the option « General Terms & Conditions read and agree ». An open-ended contract is concluded by activating the link present in the confirmation e-mail. Registered users are thereafter called members.
   Persons under the age of 14 years are not permitted to use the services of spreadyo.
   Juveniles under 18 years of age may only use spreadyo with permission of their parent or guardian.

   b) User Information
   Registration details should be complete and truthful. Multiple or repeated registrations after an account has been deleted are forbidden. The user is obliged to inform spreadyo if there is a change to this information and the profile should be brought up to date.
   An arbitrary user name ( your stage name on the website) may not infringe the rights of third parties(e.g. Name or logo rights), be against the law in any way or below the levels  of decency.
   Password and e-mail address form the user's entry data. The password should be kept secret and by loss or (presumed) breach of the secrecy, spreadyo should be immediately notified (per e-mail to info@spreadyo.com).

   c) Cancellation (Termination)
   Personal accounts may be cancelled at any time via the Administration sector of the Members area. All contributions will continue to be posted on the website but henceforth anonymously. An entitlement to deletion of ones own contributions does not exist. After deletion of the user-profile this is no longer accessible by third parties and the contract is seen as terminated.
   Spreadyo may terminate the contract at any time with 14 days notice effective at the end of the month. The right to terminate the contract immediately for cause remains unaffected.

   d) Account Types
   spreadyo conducts a freemium service. The normal account is available free of charge for all users. During a future expansion it is planned to provide additional features at a charge. The corresponding premium-accounts will be available at a fee and will  be entitled to extended services.
    

3. Purpose of the Service

   a) Use
   spreadyo offers its users an on-line networking platform in respect of Ideas, Opinions or Topics for which one is passionate or supportive. The intention is that like-minded people (so-called Mind-Buddies) are linked together positively (in a Spread) and to display a true impression of the magnitude of the worldwide or region-wise resonance for a specific topic. By joining a Spread one expresses approval for a topic (opinion, idea). The members of a Spread are able to interact using the various platform features.

   b) Applications
   Applications are available that offer members, amongst others, the following features,:
   i)creation of a personalised user profile
   ii)establishment of  groups (Spreads)
   iii) submission of blog contributions
   iv) submission of comments
   v) submission or embedment of pictures and video material
   vi) submitting and receiving of visitor's book entries
   vii)exchanges between members via personal notices
   viii)the visualisation and localisation of users on a world map
   ix)to post invitations to join a Spread
   x)privacy settings for personal information and their attribution to specific user groups

   c) Offers from Third Parties
   spreadyo reserve the right to integrate chargeable third party offers (e.g. translation services). These services will be clearly marked as such. Contract partner for such transactions that are instigated via the website is in no case spreadyo. The contract partner is always the explicitly named natural or legal person of  the third party.

   d) Newsletter and Advertising
   Upkeep of the site and its operation will be funded to a certain extent from advertising. This will always be distinguishable as such and not personalised. Distribution of newsletters to members without the members prior approval is not allowed.
    

4. Rights and Duties of spreadyo

   a)Liability
   In principle, spreadyo is liable as laid down in accordance with legislation. However, liability is excluded in the following cases:
   i) for damages, unforeseen or contractually untypical, as a result of slightly negligent actions or failure to act and as long as there is no effect on life or health
   ii) for loss of data that could have been avoided had the user saved the data accordingly.

   b) Website modifications
   spreadyo reserve the right to extend, improve or adapt the Internet platform. This includes the right to modify or delete features without giving prior notice. However, all members will be informed either by public notice or internal communication on the website.

   c) Discontinuation of the Service
   Under observance of any existing periods of notice, spreadyo has the right to discontinue the service in part or entirely and to delete all content.

   d) Guarantee
   spreadyo would like to put at the disposal of its users an efficient on-line platform that will be continuously improved, technically and structurally.
   Spreadyo cannot guarantee:
   i) the particular suitability for a specific purpose
   ii) marketability
   iii) the achievement of a specific result from its use
   iv) the accuracy, integrity, reliability or actuality of all contained information, files and content on the website, as this is mainly submitted by other users unless spreadyo have adopted these contents as their own.

   e) Discontinued User-data and Content
   spreadyo does not review material and content submitted by users before publication. Each user is responsible for safeguarding personally submitted data (including communication data) and either by creating print copies or saving to have accessibility independant of spreadyo.
   
   f) Actions to be taken in cases of misuse or rights violation of third parties
   (1) spreadyo reserve the right in case of misuse of the service or the violation of the rights of a third party, in particular in the following cases and at its sole discretion to investigate and to take actions against persons who
   i) allegedly or actually contravene standing law
   ii) behave obnoxiously or unlawfully
   iii) infringe on the rights of another person, threaten or compromise the security of another person
   iv) contravene the conditions of the Terms of Use

   In these cases actions could be: informing the police, termination of membership and deleting the corresponding content;

   (2) Should you feel that, due to individual content, your rights have been infringed upon, please let us know promptly on abuse@spreadyo.com so that the content in question may be deleted if appropriate.

   g)Disablement or Termination of Memberships
   spreaddyo reserve the right to terminate or suspend memberships as well as the removal of content if the conditions of the Terms of Use are contravened. This also applies in connection with conflicts or arguments between users because of content and spreadyo has been unable to arbitrate or be helpful in other ways. In extreme cases, a deletion could occur without prior warning.

   h)Privacy protection
   spreadyo will not pass personal information to third parties for commercial purposes. However, spreadyo has the right to use submitted information and text in consideration of the privacy protection guidelines(link) for the operation of the platform.

   i) Usage rights
   (1) To achieve the purpose mentioned under 3.a) the member, as rights holder, grants spreadyo herewith the following non-exclusive right of use unlimited in time and space, of the content submitted by him/her:
   (a) the right to save the content to spreadyo's website
   (b) the right to make all or part of  submitted text accessible to the public ( « the Right to public accessibility »)
   c) the right to replicate text if so demanded by visitors to the website.
   d) the right to use website related text in other mass communication methods such as radio and television, on CD-ROMs, in print versions as well as any other currently known presentation method.
   The granting of the rights is applicable to all types of websites especially the free Internet, mobile services, payable websites, other online services, offline providers and internal networks. The granting of rights is especially not limited to the use in the Internet.
   (2) The licence holder has the right to use member's submitted material on a website also in connection with work from other rights holders or extracts thereof, to edit or to complement it or to accentuate it in part prominently as a teaser on the start-up page. For the rest, modifications and abridgements of submitted text are only permitted as long as there is no misrepresentation of the original.
   (3 In connection with the operation of the website, as described in the contract and especially for self-promotion and on the site itself, spreadyo has the right to use the  member content free of charge.
   (4) The copyrights of all or parts of names, titles and trademarks that are generated on the website belong to spreadyo
   (5) The holder of a right waives his entitlement to have his name mentioned  as originator.
    

5. Rights and Duties of the Member

   a) User Profile
   In creating a profile, the user may submit personal information. The user alone is responsible for uploading and publishing text, pictures and videos (e.g. When submitting their names, portrait, URLs etc.). User portraits may only portray themselves and not others who may be identifiable.

   b) Forbidden Content
   The user is permitted to submit further text, photos and videos. In doing so, however,  he/she commits to desist from submitting information or links that are unlawful and where the content may, for instance:
   i) contain propaganda material that complies with §86 of the (German) Criminal Code
   ii) be directed against the free democratic basic order
   iii) be directed against people of a specific nation, race, religion or ethnic group.
   iv) glorify violence, cruelty or inhumanity.
   v) outrage human dignity
   vi) be pornographic or infringe the regulations for the protection of minors
   vii) promote gambling, chain letters and similar
   viii) infringe on copyright( e.g. Pirated copies of music, photos, videos), trade mark laws (names, logos) and other commercial property rights.
   ix) violate the personal rights of a person (e.g. The right to protection of  ones private sphere; uploading of photos of other people)
   x) constitute an element of an offence or prompt to comitting an offence or give instructions on how to commit the offence.
   xi) appear to call for aboycott of persons, organisations or companies.
   xii) lead to the use of automated software and scripts in connection with the spreadyo website.

   Dubious content can be reported to spreadyo via the link in each contribution or per e-mail via abuse@spreadyo.com.

   c)Spreads (initiators and supporters)
   Members are able to submit a new Spread and, in doing so, takes the rôle of initiator. Every other member of a Spread that joins via the website or by invitation gives notice of his supportive attitude toward the basic message of the Spread and is known henceforth as a Supporter.

   A member that, as initiator, has submitted a Spread may delete this again as long as no supporter has joined the Spread. In this period, the Spread is not visible to other users on the website. Deletion is no longer possible as soon as the first supporter has joined.
   Modifications to the text of the Spread title and Spread description are also not possible, as otherwise  a change to the descriptive information would have to be retrieved promptly by all supporters to counteract a non-approval with a withdrawal. Changes to these texts are possible in individual cases by application to the supporters. There is no entitlement on the part of the user to have the spread deleted unless this violates the Terms of Use.

   spreadyo has the right to delete Spreads entirely or in part if the content is not permitted according to section 5b or are otherwise of unlawful nature.

   Supporters and initiators may withdraw from a Spread. Their contributions to this Spread, however, will be made anonymous but not deleted. The term « made anonymous » refers to the originator reference respectively its profile but not to submitted personal information contained in the body of the Spread( texts, photos etc.)

   d) Sending Invitations
   A feature for sending invitations to join a Spread is available to all members. Sending E-mails using this function will contain the address of the sender and may only be used to send invitations to persons who are known personally to him and  who he can expect will not be offended to receive the message. It is not permitted to use e-mails via this feature for any other purpose e.g; advertising, spam, private communication

   e) Behavioural Standards
   Users of spreadyo commit to not using the platform for the following activities:

   i)automatic or manual copying, saving, processing, modifying, intercepting or transmitting information or contact details.
   ii)uploading « trojan horses », viruses or scripts with malicious codes.
   iii)introduction of unauthorised advertising, junk mail, chain letters or similar
   iv)brute force attacks
   v)transmission of personal information of other users without the explicit permission of  the relevant person(s)
   vi)excessive use of the internal message or e-mail function for transmitting spam
   vii)harassment of other users through defamation, spam or other personal attacks.

   Dubious content can be reported per e-mail via abuse@spreadyo.com.

   e) Commercial Use
   The services of spreadyo is meant solely for private use. A commercial use is only possible with spreadyo's permission and against a fee under the following conditions and after verification:
   i) the publication of added-value service numbers or added-value SMS numbers is not allowed.
   ii) Participation with use of the name or company name of an enterprise, institution, society, party or association is only possible within the framework of a personal registration by one of its authorised representatives. In this sense, Spreads may be supported or submitted by this representative on behalf of an enterprise.
    

6. Final Provisions

   a) Modifications of the Terms of Use
   spreadyo reserve the right, at its sole discretion and in consideration of the users interests, to modify at any time the Terms of Use also for existing contractual relationships.
   The client will be informed per e-mail of the modification and has the right, within 14 days, to oppose the changed conditions. If the user disagrees, spreadyo is entitled to give proper notice of termination. Cost-free applications may be  suspended, terminated or  incur a charge for further use. All users will be notified of modifications either by notices on the website or per e-mail.

   b) Proxies (Assistants)
   In achieving it contractual obligations, spreadyo may make the use of third parties as proxies.

   c) Takeover of Contract
   spreadyo may transfer the contractual relationship with the user to a third party that will takeover the rights and duties of the contract. In this case, the right of the user to termination remains unchanged.

   d) Severability Clause
   Should individual clauses of these Terms of Use be or become invalid or incomplete, the validity of the remaining General Terms and Conditions remains unaffected.

   e) Choice of Law
   These Terms of Use are covered solely by the laws of the Federal Republic of Germany and exclude the application of the UN Uniform Law on the International Sale of Goods. This choice of law, however, is only valid for consumers from whom the accorded consumer protection  due to compelling regulations of the usual country of residence has not been revoked.

Version 1.0
Hamburg, March 2009
spreadyo GmbH