End user - terms of useREALCLIXX Welcome to the terms of use of REALCLIXX. REALCLIXX offers you the possibility to use different Social Media services and streaming services in a (web) app retrieve, aggregate and display them. So you can easily a personalized stream / live feed or a timeline without having to timeline without having to log in to every single platform separately. to have to log in.
In order for us to provide a good user experience for you and all of our other experience for you and all our other users, we work every day to improve REALCLIXX to improve. For this purpose, we will also process your data that you leave on REALCLIXX will be processed and anonymized. Besides your data you leave on REALCLIXX, you will only be charged if you book paid additional content on REALCLIXX.
Please also note that with regard to the individual social media and streaming services, which you connect with REALCLIXX , the respective there applicable privacy statements and terms of use apply and must be observed by you. So that you can use REALCLIXX meaningfully it is necessary that you connect the individual services to your REALCLIXX account. The contents of your social media services and the streaming platforms will then be integrated on your behalf on REALCLIXX on your behalf, but REALCLIXX itself does not store the data REALCLIXX itself does not cache the data provided by these services.
In addition, you still have the possibility to upload content directly to REALCLIXX (UPLOADS) or to post text contributions. This data will be then stored and processed by us.
1. definitions.
1.1 REALCLIXX - The platform available at https://realclixx.com. Platform where you can link and access your social and multimedia services and our and multimedia services as well as our own social network connected to it. network. REALCLIXX is a digital service in the sense of Service in the sense of § 327 paragraph 2 sentence 2 BGB.
1.2 OPERATOR - The operator of REALCLIXX is the company RealClixx e.K., Sägewerkstraße 5, 83416 Saaldorf-Surheim, Germany. The operator becomes at the same time the contractual partner for the use of REALCLIXX.
1.3 USER - All persons who have registered on REALCLIXX and have a user account on REALCLIXX.
1.4 COMPANIES - All companies that use REALCLIXX commercially. use.
1.5 EXTERNAL CONTENT - External content is content that is. multimedia content that REALCLIXX has obtained from the channels connected by the USER to REALCLIXX in order to keep the respective USER always up to date. always up to date. The EXTERNAL CONTENT will be only from the providers, which the respective USER has integrated into REALCLIXX has integrated. You are responsible for what is shown to you in your feed is you and the provider of the corresponding EXTERNAL corresponding EXTERNAL CONTENT.
1.6 ANONYMIZED EVALUATION - Like any platform, REALCLIXX requires REALCLIXX data in order to evolve. A further development is only possible if we monitor the use of REALCLIXX by our USERS and analyzing how certain functions and certain functions and channels are used. In the context of the evaluation we will modify your personal data that you leave on REALCLIXX in such a way that neither REALCLIXX nor third parties can third parties a conclusion on your concrete use actions in retrospect. is possible in retrospect within the framework of the evaluation data. The analyses and analyses and evaluations that we create also serve us to more quickly trends and to better display current topics to our USERS. to be able to display.
1.7 NETIQUETTE - Under this term we summarize our standards and Rules together, which a peaceful coexistence on REALCLIXX shall make possible. In particular, we list here by way of example, what is not allowed on REALCLIXX.
1.8 UPLOADS - All USERS have on REALCLIXX the possibility to upload via own content, in particular texts, videos or images, to REALCLIXX, Videos or images, to upload to REALCLIXX.
2. General.
2.1 For the use of REALCLIXX by the USER and by COMPANY the following terms of use shall apply.
2.2 These Terms of Use shall primarily govern the relationship between the OPERATOR and the USER / COMPANY. In addition, these Terms of Use shall also apply to the conduct of the USER and COMPANY among themselves, as far as the relevant relevant actions take place on REALCLIXX.
2.3 USERS can be exclusively natural persons in the sense of § 13 BGB (German Civil Code), who have reached the age of 16. REALCLIXX will not accept registrations from persons under 16 years or reject them. reject.
2.4 ENTERPRISES can only be companies in the sense of § 14 BGB (German Civil Code).
2.5 These terms of use apply to all USERS and COMPANY with regard to the use of REALCLIXX.
2.6 Deviating terms of use and/or general terms and conditions of the USER or COMPANY shall not be accepted by REALCLIXX. REALCLIXX does not accept any deviating terms of use and/or general terms of business of the and agreed to them in writing.
3. user account registration and login.3.1 The use of REALCLIXX requires the registration by the USER or the COMPANY presupposes. A use of REALCLIXX without registration is not possible. The USER or the COMPANY is obliged to is obliged to provide truthful information during the registration process. make. Alternatively, the USER or the COMPANY can register with compatible social logins, such as from Facebook, Google, Github, Linkedin, Apple or Discord, etc., to log in to REALCLIXX.
3.2 As part of the registration of the USER / COMPANY on. REALCLIXX the USER / the COMPANY independently assigns a Password, which can be used for registration in the future. The USER / the COMPANY will receive after the creation of his user account an e-mail with a registration link. After clicking this registration link, the USER / the SUBORDINARY can log in to REALCLOCK with access code and password at REALCLIXX. The OPERATOR confirms the registration by e-mail. With the "forgotten password" function the password can be reset. be reset. From the moment of confirmation of registration the USER or the USER or the COMPANY will have access to REALCLIXX and to his account established user account.
3.3 The user relationship with regard to REALCLIXX comes into effect either by the installation of the App or by completion of the online registration process, i.e. the creation of a user account. user account. The user relationship in the basic variant The user relationship in the basic variant is for the USER or the SUBRECIPIENT and processing of personal data within the meaning of § 312 para. 1a BGB by the OPERATOR free of charge. The term "free of charge" is understood in such a way that the user with his personal data for the use of data for the use of REALCLIXX but - except in the case of separate separately marked additional services - no costs in the sense of a additional services - no costs in the sense of an amount of money to be paid Amount of money arise.
3.4 Additional content subject to a charge (in-app purchases) can be ordered by the USER / the COMPANY to book directly through REALCLIXX. The USER can put the desired service (additional module / function) into the shopping cart and then with a click on "book with obligation to pay" to make a binding booking. Digital additional offers (digital contents and digital services) will be activated within 24 hours and will then be available to the user available to the user for the period specified in the booking.
3.5 REALCLIXX is available 24 hours a day, 7 days a week. The OPERATOR strives for the greatest possible availability of REALCLIXX as possible. Due to maintenance work, further development or disturbances of REALCLIXX can temporarily restrict the use of the USERS and and COMPANIES may be temporarily limited or temporarily suspended by the interrupted by the OPERATOR at its reasonable discretion. The OPERATOR promises an availability of 98% to promise .
3.6 The USER / the company are obligated to secure in reasonable extent to secure the data in their user accounts. The OPERATOR is not itself obliged to back up data from the accounts; this also applies in particular with regard to the chats, direct messages and the chats, direct messages and comments from USERS / from COMPANY as well as the content or compilation of streams and feeds. and feeds.
3.7 The USERS / BUSINESSES shall be responsible for using the email address communicated to the OPERATOR to regularly retrieve the e-mail address communicated and also to to ensure, even if SPAM filters are used, that the e-mails REALCLIXX can be taken note of, even if SPAM filters are used. can be taken note of.
3.8 All contracts concerning REALCLIXX are concluded - if not explicitly stated otherwise - with the OPERATOR of REALCLIXX, the company RealClixx e.K., Sägewerkstraße 5, 83416 Saaldorf-Surheim, Germany.
3.9 The OPERATOR will provide security-related updates of REALCLIXX available to all USERS / BUSINESSES. A claim of the USERS / BUSINESSES to free of charge Functional enhancements does not exist.
3.10. Changes to existing functions that go beyond the installation of of security updates and for the maintenance of functions, will be the OPERATOR only in the presence of a valid reason free of charge and with prior information of the USER or COMPANY about the features and the Features and the timing of the changes.
3.11. The contract language is exclusively German.
4. provision and use of personal data4.1 The personal data of the USER collected in the context of the use of REALCLIXX personal data of the USER, the OPERATOR in the sense of § 327ff BGB, in order to be able to fade in the USERS / COMPANIES purposeful advertising of third parties and to further develop REALCLIXX. develop. The OPERATOR uses personal data for this purpose, such as the posting and subscription behavior and your thereby determined interests. A sale of your personal data to third parties does not take place.
4.2 However, the personal data collected will be used by the OPERATOR in anonymous form to create reports and evaluations on the basis of which create reports and evaluations on the basis of which advertising partners can can play out. A direct contact (e.g. via e-mail or chat) by third parties on the basis of the information provided by the USER / COMPANY. provided information does not take place.
4.3 The provision of personal data in the context of the opening of a REALCLIXX user account constitutes for the OPERATOR represents an essential contractual service, without which the OPERATOR REALCLIXX cannot operate.
4.4 Insofar as a USER revokes existing data protection law revokes existing data protection consents or objects to the further processing of further processing of personal data, this shall initially have no effect on the effectiveness of the contract regarding the use of REALCLIXX. If the OPERATOR under consideration of the further permissible extent of the data processing and under consideration of the interests of both parties, the continuation of the contractual relationship until the until the agreed end of the contract or until the expiry of a legal or legal or contractual notice period cannot be reasonably expected. the OPERATOR may terminate the contract without notice for good cause. period of notice for good cause. A claim for compensation of the OPERATOR in the event of revocation of consent is excluded.
5. social media functions of RealClixx.5.1 In addition to the possibility of social media channels in REALCLIXX and to integrate multimedia content from such third parties, e.g. also Streaming platforms as EXTERNAL CONTENT to be able to reload (cf. 6), REALCLIXX also offers the possibility to network directly to network with each other, to get in contact and to see what the other USER / COMPANY with which the USER has networked, publishes in his feed / stream of contributions, as far as this is allowed by the respective streaming provider / the respective data source is technically and legally enabled.
5.2 The interaction of the USERS / COMPANIES with each other is possible on REALCLIXX possible through different ways. On the one hand, the USERS / COMPANIES can exchange with each other in chats and / or direct messages. with each other. You can not only exchange text messages exchange, but also share further media content with each other. share. On the other hand, the USERS / COMPANIES can use the social timeline (stream / feed) to share content that is public or restricted to certain restricted to certain user groups such as text, images or other media content. Media content to publish and share.
5.3 The content published via the social timeline can be by other users of REALCLIXX, depending on the authorization scheme, commented on, rated (in the sense of a "like" function) or shared.
6. external content - social and multimedia content and anonymized Evaluation6.1 With regard to the integration of EXTERNAL CONTENT, REALCLIXX is merely a technical service provider to provide the relevant content with the help of REALCLIXX to be able to display. The EXTERNAL CONTENTS are not temporarily stored on servers of the OPERATOR servers of the OPERATOR, but for the personalized stream (feed / timeline) of the USER / COMPANY on his display device or on the display devices of visitors. on the display devices of visitors. An influence on the display of the EXTERNAL CONTENTS, the OPERATOR has only influence on the the order of the individual EXTERNAL CONTENTS, which are displayed via the of the connected social media providers and streaming services. are provided. REALCLIXX offers functions to individualize and influence the composition of the stream (feeds / timeline). and to influence.
6.2 In the case of social media providers and streaming services that support this support this, USERS and COMPANIES can also directly interact with the EXTERNAL CONTENT interact. Reactions (likes, comments, etc.) are sent directly via REALCLIXX to the respective providers of the EXTERNAL CONTENT and processed there by them. REALCLIXX acts in this relationship only as a technical service provider.
6.3 In order for USERS to view EXTERNAL CONTENT on REALCLIXX, it is it is - depending on the external data source - necessary to give REALCLIXX sufficient rights to integrate the EXTERNAL CONTENT in the context of a one-time in the context of a one-time authorization. More detailed information about the corresponding integration options and functions of the compatible external compatible external services are available at: https://realclixx.com/faq/Einbindung .
6.4 In the case of the integration of EXTERNAL CONTENT, the terms of use of the respective Terms of Use, the Terms of Use of the respective external external services, which are used by the USER / COMPANY as a data source. used as a data source. The respective terms of use are available on the respective external services can be accessed.
6.5 EXTERNAL CONTENTS can be integrated by the USER on REALCLIXX only only if the respective provider of the external service allows the service supports the integration on REALCLIXX at the time of data retrieval and offers and offers appropriate interfaces. The OPERATOR does not guarantee a permanent compatibility to individual external services as a data source. As far as interfaces are not [any more] available interfaces are not [any longer] available, interaction with the EXTERNAL CONTENTS is possible. The compatibility of REALCLIXX to external services (social media services / streaming services) can change at any time and is change at any time and is not guaranteed by the OPERATOR.
6.6 Insofar as an external service (social media service / Streaming service) discontinues the cooperation with REALCLIXX and/or REALCLIXX for legal or technical reasons a further use of interfaces to certain external data sources data sources [more], the affected external services can no longer be used on REALCLIXX. services can no longer be used on REALCLIXX by the USER / COMPANY. be used. Already existing integrations may not work may no longer work. A claim of the USER / the COMPANY for support / integration of a certain external service does not exist. As far as chargeable additional content (cf. para. 3.4) of REALCLIXX can no longer be used, because a external service is no longer supported by REALCLIXX itself, the supported by REALCLIXX itself, the OPERATOR shall reimburse the USER / COMPANY the chargeable part as far as the OPERATOR is responsible for the incompatibility. Incompatibility can be attributed to the OPERATOR.
7. UPLOAD function - transfer of necessary rights of use to. UPLOADS7.1 The USER / COMPANY is exclusively responsible for his UPLOADS. Insofar as copyrights to UPLOADS exist (e.g. video, text or image upload), the USER shall retain his rights as the as the author and all other existing intellectual property rights to the UPLOADS.
7.2 If a USER / the COMPANY uses UPLOADS that are copyrighted or otherwise otherwise legally protected UPLOADS, he shall grant the OPERATOR and the and the companies or processors belonging to the OPERATOR free of charge. the necessary, non-exclusive, worldwide and temporal rights to the exclusive, worldwide and temporally unlimited rights, these UPLOADS for the purpose of displaying the contributions in the social media functions or for the purpose pursued in each case, and and only to the extent necessary to make them available in REALCLIXX to edit and use.
7.3 In order for the OPERATOR to be able to offer the social media functions of REALCLIXX can offer and use the UPLOADS for further use, the UPLOADS must be saved by the OPERATOR. In order to ensure the function of REALCLIXX, it may also be necessary for the OPERATOR to store the that the OPERATOR has to process the provided UPLOADS, in particular to cut or technically adapt the provided UPLOADS. The right of use of the the right to use the UPLOADS includes in particular the right to technically and to technically prepare them for the purpose of further processing. technically for the purpose of further processing. If, with regard to a function used by the user function used by the user, the USER or the SUBRECIPIENT shall transfer to the USER or the COMPANY also these rights to the OPERATOR.
7.4 The USER / the COMPANY confirms with the provision of UPLOADS, that he owns sufficient rights with regard to all UPLOADS sufficient rights in order to transfer to the OPERATOR the rights designated in the preceding provisions and that he/she is not aware of any conflicting is not aware of any conflicting rights of third parties.
7.5 By making UPLOADS available, the USER / the COMPANY confirms that he/she does not transfer any UPLOADS that are protected by copyrights, trade secrets or proprietary rights or property rights of third parties and that a UPLOAD does not contain any undesirable or prohibited content within the meaning of clause 8.3.
7.6 COMPANIES that carry out UPLOADS shall be liable to the OPERATOR for damages incurred by the OPERATOR due to UPLOADS, as far as a UPLOAD intentionally or negligently triggers an infringement against rights of third parties or if the COMPANY, due to the UPLOAD, fails to fulfil its obligations obligations resulting from the aforementioned provisions. The COMPANY reserves the right to provide evidence that it is not responsible for the occurrence of damage due to an UPLOAD.
7.7 USER shall be liable for UPLOADS in accordance with the statutory provisions.
7.8 Insofar as a COMPANY is responsible for an UPLOAD that causes damage as in the sense of clause 7.6, the COMPANY shall indemnify and hold harmless the the OPERATOR from any claims of third parties in this respect upon first first request. The obligation to indemnify shall not apply if the COMPANY does not COMPANY is not responsible for the infringement within the meaning of clause 7.6.
7.9 The USER / the COMPANY is not obliged to use the upload functions or social media functions on REALCLIXX. use.
8. Netiquette - Prohibited Actions.
8.1 The aim of REALCLIXX is, among other things, also to provide on REALCLIXX. an exchange of information and opinions of the USERS and COMPANIES among themselves. So that the use of REALCLIXX for for all USERS and COMPANIES, the following rules apply for the use of REALCLIXX the following regulations apply to the use of REALCLIXX for USERS and BUSINESSES.
8.2 REALCLIXX promotes the freedom of expression in the sense of Art. 5 para 2 GG. However, this is also subject to limits, namely especially especially there, where the general personal right of third parties or other rights of third parties is inadmissibly affected. The OPERATOR reserves the right to delete contributions, which violate these terms of use or applicable law of the Federal Republic of Germany, to block them. block. If a contribution of a USER / COMPANY is blocked, the OPERATOR shall the OPERATOR will inform the USER / COMPANY concerned. COMPANY concerned. The affected USER / the affected COMPANY can COMPANY can then complain to the OPERATOR. The OPERATOR shall decide within a reasonable period of time, at its own discretion whether to remedy the complaint. The affected USER / the affected COMPANY concerned shall be entitled to take legal action.
8.3 USERS / COMPANIES are generally prohibited from using content (including in the form of UPLOADS) to publish content that violates applicable Laws of the Federal Republic of Germany, in particular but not conclusively:
§ 86 f. StGB (dissemination of propaganda material of unconstitutional of unconstitutional organizations) § 89a StGB (preparation of a heavy state-endangering act of violence) § Section 91 StGB (instruction to commit a serious act of violence endangering the violent crime) § 100a StGB (Treasonable falsification of the state) § 111 StGB (Public incitement to commit criminal acts) § 126 StGB (Threat of criminal acts) §§ 129 - 129b § 129a para. 3 StGB (Advertising for a terrorist organization) § 130 StGB (incitement of the people) § 130 a StGB (instruction to commit criminal acts) § 131 StGB (depiction of violence) § 140 StGB (rewarding and approval of criminal acts) § 166 StGB (insulting confessions, religious societies and ideological associations) §§ 184b §§ 184 ff. StGB (distribution of pornographic writings) §§ 185 - 187 StGB (insult, defamation) § 189 StGB (disparagement of the memory of the deceased) § 201a StGB (Violation of the most personal sphere of life by means of image recordings) § 241 StGB (Threats) § 269 StGB (Falsification of data data relevant to evidence)
8.4 USERS / COMPANIES are not allowed to publish untruths or Misrepresentations to be published on REALCLIXX. Content that is obscene, defamatory, defamatory, threatening, pornographic, pedophilic, revisionist (denying the existence of the Holocaust), harassing, hateful, racist, xenophobic, glorifies violence and/or is ethnically offensive and/or contain other illegal or immoral content and/or which disparage or infringe a trademark and/or other property right of a third party of a third party, are undesirable on REALCLIXX and will be will be deleted by the OPERATOR without comment.
8.5 USERS / COMPANIES are not allowed to interfere with telecommunication networks via REALCLIXX. telecommunication networks, nor to infringe national or international property rights (e.g. copyrights, trademark rights). violate.
8.5 USERS / COMPANIES are not allowed to interfere with telecommunication networks via telecommunication networks, nor to infringe national or international property rights (e.g. copyrights, trademark rights). violate.
8.6. activities of USERS / COMPANIES which go beyond those within the scope of a of a usual use, in particular such activities, which aim to make the use of REALCLIXX and/or individual and/or individual functions for other USERS / BUSINESSES or make them to make functionally unsuitable, are to be refrained from. This includes activities, which change the physical or logical structure of REALCLIXX or structure of REALCLIXX or individual functions of REALCLIXX beyond the beyond the extent of the intended use and/or may lead to an unusually high load of REALCLIXX and/or the servers and/or functions connected with it. If such activities of a USER / a COMPANY are aimed to REALCLIXX or the functions of REALCLIXX or to make them inoperable functions or to make their use more difficult, the OPERATOR reserves the right to civil and criminal prosecution. prosecution.
8.7 The USER / COMPANY are obliged to inform the OPERATOR about a suspected misuse of access data to REALCLIXX immediately by e-mail to info@realclixx.com. inform. In this case, the OPERATOR will block the access of the affected affected USER / the COMPANY immediately block.
8.8 The USER / COMPANY is obliged to keep his password, his PIN, if necessary also the e-mail address as well as all other data, which enable access to the app, and to change them immediately or to change them immediately or have them changed by the OPERATOR, if there is there is reason to suspect that unauthorized third parties may have obtained have gained knowledge of such access data to REALCLIXX.
8.9 The passing on of contents of the OPERATOR to third parties (also third parties (also in extracts) is not allowed without the consent of the Rights holders of the corresponding content is not permitted. It is prohibited to display REALCLIXX in whole or in part by means of a hyperlink in a in a partial window (frame or iFrame) and/or to represent display. Furthermore, it is prohibited to use data from REALCLIXX by means of technical aids (e.g. crawler, spider etc.). copy (so-called screenscraping) and further process.
8.10. The USER / COMPANY is prohibited from, copyright notices and/or brand names and/or other Change and / or remove any other information related to REALCLIXX.
8.11. In case of violation of the above conditions by the USER / COMPANY, the above conditions, the OPERATOR reserves the right, User accounts in compliance with the provisions of paragraph 12 at its to block user accounts, to disable individual functions of REALCLIXX or to terminate the or to terminate the user contract for an important reason. terminate.
9. responsible body - NetzDG & UrhDaG9.1 Description of the procedure for notification with regard to NetzDG
9.2 The agent for service of process for administrative proceedings and civil court proceedings pursuant to Section 5 (1) NetzDG is RealClixx eK, , Sägewerkstraße 5, 83416 Saaldorf-Surheim, Germany.
9.3 The authorized person for service according to § 20 UrhDaG for service in court proceedings is: RealClixx eK, Sägewerkstraße 5, 83416 Saaldorf-Surheim, Germany.
9.4 The authorized agent for service pursuant to § 92 MStV for service in proceedings pursuant to Section 115 MstV is: RealClixx eK, Sägewerkstraße 5, 83416 Saaldorf-Surheim, Germany.
10. storage of these terms of use10.1 The text of these Terms of Use shall be stored by the OPERATOR upon stored during registration. A copy of these Terms of Use will be sent to the USER or the COMPANY separately by e-mail. sent by e-mail .
10.2 These Terms of Use may also be accepted during the installation of the App on the smartphone, as well as during the online registration process for the use of the web app. and printed out.
11. Liability.
11.1 Claims of the USER / the COMPANY against the OPERATOR. for damages or reimbursement of futile expenses, which are based on based on the relationship of use with respect to REALCLIXX, are directed regardless of the legal nature of the claim, according to the following following provisions.
11.2 The liability of the OPERATOR is - regardless of the legal legal grounds - excluded, unless the cause of damage is based on intent is based on intent and/or gross negligence on the part of the OPERATOR or their employees, representatives or vicarious agents of the OPERATOR. of the OPERATOR. As far as the liability of the OPERATOR is excluded liability is excluded or limited, this shall also apply to the personal liability of the employees, representatives or vicarious agents of the OPERATOR.
11.3 For damages resulting from injury to life, limb or health, which are based on an intentional, grossly negligent or negligent breach of duty by the OPERATOR or by a legal legal representative or vicarious agent of the OPERATOR. the OPERATOR - irrespective of the above provisions - shall be liable in accordance with the provisions above - in accordance with the statutory provisions.
11.4 Insofar as the OPERATOR at least negligently violates an essential contractual obligation, i.e. an obligation, the observance of which is of particular achievement of the purpose of the contract is of particular importance. (essential contractual obligation or cardinal obligation), the liability shall be limited to the damage liability shall be limited to the damage typically occurring, i.e. to such damage damage, i.e. damage that is typically expected to occur within the scope of the must be expected in the context of the contract. An essential contractual or cardinal obligation in the aforementioned sense is an obligation the fulfillment of which the proper execution of this contract in the first place and on the compliance of which the and on the observance of which the USER / COMPANY regularly relies and COMPANY regularly relies on and may rely on.
11.5 The liability of the OPERATOR under the Product Liability Act (§ 14 ProdHG) remains unaffected.
12. term of the user relationship - termination12.1 As far as the use of REALCLIXX without separate remuneration the contractual relationship underlying the use is concluded for an indefinite period of time. concluded for an indefinite period.
12.2 USERS / BUSINESSES reserve the right to terminate the contractual relationship contractual relationship underlying the gratuitous use at any time by at any time by deleting the corresponding user account. terminate.
12.3 The OPERATOR may terminate a user account provided free of charge to the free of charge provided user account after prior notice in text form at any time with an advance notice of 3 months. terminate. Deletion of the customer account will then take place after expiry of the period of the date communicated in the advance information, but no earlier than 3 months after the information has been sent to the USER or COMPANY. The OPERATOR does not have to provide a reason for the termination. OPERATOR not to make available.
12.4 In the case of additional content for which a fee is charged (in-app purchases) the term of the contract shall be determined by the periods specified in the booking and can be terminated by the USER / COMPANY at the next possible next possible date without notice.
12.5 Claims for compensation by the OPERATOR against the USER / the COMPANY due to an infringement caused by the exercise of data protection rights or the issuance of declarations under data protection law shall be Restriction of the permissible data processing are excluded.
12.6 With regard to the Operator's special right of termination pursuant to sec. 327q para. 2 BGB (German Civil Code) in the event of revocation of consent or objection with regard to with regard to further processing, we refer to paragraph 4.4 of these GTC.
12.7 The statutory special termination rights remain unaffected by the above clauses unaffected.
13. data security and data protection.
13.1 The OPERATOR shall take all the technical and organizational measures that are necessary to ensure the security of the data of the USERS and BUSINESSES on REALCLIXX to ensure.
13.2 The external providers connected through REALCLIXX receive from REALCLIXX in principle the data provided by the USER in the context of the integration of the the integration of the EXTERNAL CONTENTS, which are necessary for the necessary for the linking. The data of the USER are exclusively to the external provider actively selected by the USER for the Provider for the integration of the feeds and information transferred.
13.3 For the use of REALCLIXX is referred to the Privacy Policy in the (web) app or at https://blanko. respectively.
14. Priority of the German version.
14.1 To the extent that the OPERATOR provides translations of the German language version language version of these Terms of Use, the legal assessment with regard to the use of legal assessment in relation to the use of REALCLIXX shall always be the the German language version of these Terms of Use shall prevail.
14.2 This applies in particular if there are differences or contradictions between the German version between the German language version and a translated version of these Terms of of these Terms of Use should occur.
15. Amendment of the Terms of Use.
15.1 The OPERATOR shall be entitled to amend these Terms of Use in the change these Terms of Use in the future, as far as this is due to justified reasons of the the OPERATOR, in particular due to changes in the legal situation or the legal situation or supreme court rulings, technical changes or further developments, changed organizational requirements of the operation of operation of REALCLIXX, regulatory gaps in the terms of use, changes of the market conditions or other comparable or other comparable reasons and the USER or the COMPANY is not unreasonably disadvantaged is not unreasonably disadvantaged by this.
15.2 In the event of future changes, the OPERATOR shall inform the USER / the COMPANY in text form (e.g. by e-mail) or in writing about the the imminent changes at least six weeks before they and inform him about the place where he can find the previous and new where he can retrieve the previous and the new terms of use. can.
15.3 The changes shall be deemed approved and shall become effective if the USER or the COMPANY does not object to them within one month after receipt of the month after receipt of the notification of change, provided that the the USER / COMPANY has expressly pointed out this consequence in the notification of the COMPANY has expressly pointed out this consequence in the notification of the changes.
15.4 Insofar as an essential component of the contract is changed by the amendment compliance with which is of particular importance for the achievement of the purpose of the purpose of the contract is of particular importance (essential contractual obligation or cardinal obligation), the change shall be made only with the express the express consent of the USER / COMPANY. A essential contractual or cardinal obligation in the aforementioned sense is such an obligation the fulfillment of which makes the proper execution of this contract possible in the first place and on which the contract and on the observance of which the USER / COMPANY can rely. the USER / COMPANY regularly relies on and may rely on; this also includes, in particular, agreements concerning the remuneration or remuneration to be paid to the OPERATOR or the scope of the performance obligations.
15.5 A change of the free of charge use of REALCLIXX into a monetary relationship is not permitted without the explicit consent of the of the USER / the COMPANY is inadmissible.
16. Notes on dispute resolution.
16.1 USERS have the possibility in case of dispute on the EU portal. "Your Europe" (https://europa.eu/youreurope/citizens/index_de.htm) an online arbitration procedure with the involvement of a recognized arbitration body to carry out. For this purpose they can the EU online conciliation platform at the URL: https://ec.europa.eu/consumers/odr/
16.2 The online conciliation procedure shall not be a mandatory prerequisite for calling competent ordinary courts, but is an alternative way of settling differences that may arise in the may arise within the framework of a contractual relationship.
16.3 Other national regulations on the implementation of arbitration procedures shall remain unaffected by the above provisions in Clauses 16.1 and 16.2 shall remain unaffected.
16.4 As a matter of principle, USER shall have the option of an alternative dispute resolution procedure within the meaning of § 36 VSBG. to strive for.
16.5 The alternative dispute resolution procedure is not a compulsory prerequisite for calling competent ordinary courts, but is an alternative way of resolving differences that may arise in the course of a within the framework of a contractual relationship.
16.6 The OPERATOR shall not participate in the alternative dispute resolution procedure within the meaning of § 36 VSBG.
17. final provisions.
17.1 The OPERATOR is entitled to use for the operation of REALCLIXX properly selected, qualified vicarious agents. to use.
17.2 The law of the Federal Republic of Germany shall apply. Exclusion of the UN Convention on Contracts for the International Sale of Goods. The above choice of law shall apply only insofar as the protection granted by mandatory provisions of the law of the the law of the country in which the consumer has his habitual residence. Residence has, is withdrawn.
17.3 For COMPANIES who are merchants in the sense of the German Commercial Code (HGB), the place of jurisdiction for all disputes arising from this contract at the OPERATOR's place of business in 83416 Saaldorf-Surheim.