CodeCheck

Terms of Use

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1. Scope of applicability of the Terms of Use 1. These Terms of Use shall apply to the online platform www.codecheck.info and the mobile app of CodeCheck AG (Limmatstrasse 291, 8005 Zurich, Switzerland) (hereinafter referred to as “Operator”). 2. Codecheck.info is a free website provided by the Operator that publishes a wide range of information and opinions on commercial products and invites users to contribute information and opinions themselves. 3. All offers are non-binding. The Operator shall reserve the express right to alter, supplement or delete the content, either in whole or in part, without separate notice, or to temporarily or permanently suspend publication. 4. You can view and print out the currently valid Terms of Use at https://www.codecheck.info/ueber-uns/nutzungsbedingungen. 2. Contract conclusion and user account 1. A User Agreement is concluded with the Operator when the registration process has been completed and a profile created. The subject matter of the User Agreement is the free use of the profile. 2. As a registered user, the User can create his/her own personalized area and customize the functions and services offered by the Operator to reflect his/her own personal interests. he/she may also provide personal details on a voluntary basis. 3. The User must set up a user account in order to create a profile. This consists of a user name and password (“log-in data”). 4. A user account can be set up only if an email address currently held by the User is provided. it can also be set up via Facebook and Google using the so-called Single Sign-On solution. The email address also serves as a means of communicating with the Operator. 5. The User assures that the details used to create his/her profile (“profile data”) are accurate and complete. The use of pseudonyms is not permitted. 6. The contract language is exclusively German 7. Any contractual relationships established through any form of communication between the User and other users shall be solely between the users involved. The Operator is not a representative and shall not be party to the Agreement. 3. Using the profile 1. When using the profile, a wide range of services are available to the User: <ul> <li>As a registered user, the User can create his/her own personalized area and customize the functions and services offered by the Operator to reflect his/her own personal interests. he/she may also provide personal details on a voluntary basis.</li> <li>The User can choose from a number of predefined profiles, add his/her personal interests to this profile and manage this information here so that the content and functions are optimized.</li> </ul> 8. The Operator shall be entitled at any time to block access to individual content, e.g. where suspicion exists that such content violates applicable law or third-party rights. There shall be no entitlement on the part of the User for individual functions of the portal to be maintained. 9. The Operator shall do everything in its power to ensure that the portal runs smoothly. By nature, this shall be limited to services that the Operator can directly influence. The Operator shall be at liberty to restrict access to the portal, either temporarily or permanently, partially or completely, due to maintenance work, capacity issues or other circumstances that are beyond its control. 4. Duty of the User to cooperate: Publishing content 1. The User shall observe applicable law (e.g. penal law, competition law and laws for the protection of young people) and violate no third-party rights (e.g. rights to a name, trademark rights, copyrights and data privacy laws) when creating and using his or her own material. 10. The User shall be obligated towards the Operator to ensure that any content published on the portal is not in violation of applicable law or public morals either in terms of subject matter or style. The same shall apply to creating external links. Not permitted in particular is the dissemination of material that depicts, pertains to or contains <ul> <li>racism</li> <li>glorification of violence or extremism of any type whatsoever</li> <li>encouragement or incitement to commit a criminal offense or to violate laws</li> <li>incitement to hatred of persons or companies</li> <li>insults, slander, libel and defamation of users and third parties and violations of the law on fair trading practices</li> <li>infringing content or other violations of intellectual property rights</li> <li>sexual harassment of users and third parties</li> <li>pornography</li> <li>offensive, sexist, obscene, vulgar, repulsive or sickening material or expressions</li> <li>surveys or chain letters</li> </ul> or that bears no specific reference to the product concerned in terms of content. 11. Without the consent of the respective rights holder, copyright-protected content may be reproduced literally in articles only to the extent permitted under applicable citation right. Citations must be highlighted using the citation function and indicating the source. Foreign-language citations must also be translated into German to the extent that the meaning is roughly comprehensible. The dissemination and/or communication to the general public of any material published on the portal without the consent of the Operator is prohibited. 5. Further duties of the User to cooperate 1. The User may not advertise for him-/herself or third parties without the express consent of the Operator. This means, in particular, that the User may not include any advertising messages without the consent of the Operator and the recipient (in particular: spam messages). 12. In the event that the contents contain hyperlinks to third-party websites, the User shall ensure that he/she is authorized to use the hyperlinks and that the website to which the link is established (“landing page”) complies with applicable law and third-party rights. 13. The User shall be obligated to handle the log-in data with care. Without exception, the User shall be prohibited from disclosing the log-in data to third parties and/or from enabling third parties to access the profile without using the log-in data. 14. The User shall refrain from any activity that would compromise the operation of the portal or the underlying technical infrastructure and/or would subject these to excessive strain. This includes, in particular: <ul> <li>the use of software, scripts or databases in connection with the use of the portal;</li> <li>automatically reading, blocking, overwriting, modifying, or copying data and/or other material, unless such is necessary to enable the portal to be used correctly;</li> </ul> 15. In addition, disclosing the identity of other users or disclosing details from the personal messages, emails or chats of other users that are not intended for the general public is also an infringement of personal privacy and, as such, prohibited. Users must not include in their articles, or disclose in any other manner, any information that could be used to identity another user or that the User has obtained from other users solely through personal messages, emails or chats. 16. Should any problems occur when using the portal or its functions, the User shall inform the Operator of this immediately. The same shall apply where the User has obtained information about material published by third parties that is obviously in violation of applicable law or third-party rights. 6. Usage rights 1. The User shall grant the Operator the non-exclusive, irrevocable, and transferable right, unlimited in terms of time and space and free of charge, to exploit the material published on the platform. The Operator shall be entitled to use, edit and exploit the content at any time. This shall also include, in particular, the right to reproduce, disseminate and communicate the content to the general public, in particular the right to make such publicly available. The User shall waive the right to be named as the author. The option available to the User to grant rights to published content in accordance with specific licensing models to third parties shall remain unaffected by this provision. 2. The Operator shall hold all rights to the contents of the portal. The User shall not be permitted to reproduce, disseminate and/or publicize material that the Operator, other users or third parties have published on the portal. 7. Liability 1. Unlimited liability: The Operator shall be liable without limitation for cases of intent and gross negligence and in accordance with the Product Liability Act. In cases of slight negligence, the Operator shall be liable for damages arising from death, injury, or impaired health. 3. In all other cases, the following limited liability shall apply: In cases of slight negligence, the Operator shall be liable only in the event of violation of a contractually essential obligation, the fulfillment of which makes the due execution of the Agreement at all possible and upon the observance of which the User should be able to regularly rely (material obligation). The amount of liability for slight negligence shall be limited to the damage foreseeable at the time the Agreement was concluded, where the occurrence of such should typically be expected. This limitation of liability shall also apply in favor of the Operator’s vicarious agents. 8. Right to indemnification In the event of a claim for alleged or actual breach of law and/or violation of third-party rights due to action undertaken by the User relating to the use of the portal, the User shall indemnify the Operator and its employees and/or representatives from all third-party claims arising as a result thereof. In addition, the User shall be obligated to reimburse all expenses incurred by the Operator on grounds of third-party claims. Reimbursable expenses shall include the cost of appropriate legal defense. 9. Term of contract/termination 1. The Agreement shall run for an indefinite period and can be terminated by either party at any time without notice and without stating a reason. 4. In addition, the right of the parties to end the contractual relationship by way of extraordinary termination for good cause shall remain unaffected. 5. The Operator shall have good cause to terminate this Agreement where the customer is in continuous violation of his/her obligations under Section 4 or 5 of this agreement. 10. Personal data The Operator is the person responsible for processing the user’s personal data and shall ensure that the statutory requirements regarding Data Privacy Law are being complied with. 11. CodeCheck Subscription / Supporter (App Store / iTunes) You can subscribe to the CodeCheck app for 99 Cent per month or to the supporter version for 4,99 Euro per month. Prices may vary and can change depending on the country you are visiting the site from. If you choose to purchase a subscription, it will be done through your iTunes account. The subscription can be cancelled monthly and, if not cancelled, will be automatically renewed 24 hours prior to expiration. The subscription can be managed via the App Store / iTunes user preferences after purchase. You can also cancel your subscription from there. 12. Final provision 1. Should the Agreement contain any invalid regulations, the validity of the remainder of the Agreement shall remain hereby unaffected. 2. The aforementioned Agreement shall be governed exclusively by Swiss Law. Conditions of Participation for Competitions run by CodeCheck AG 1. Subject matter of the Conditions of Participation and Organizer 1. These Conditions of Participation govern the conditions for participating in a competition. The description and procedure of each current competition can be found on our company’s web pages/websites, including www.codecheck.info and the mobile app, or on a social media platform such as Facebook. 2. Organizer of the competition is CodeCheck AG, Limmatstrasse 291, 8005 Zürich, Switzerland. 3. By participating in the respective competition, the participant hereby accepts these Conditions of Participation. 2. Participation 1. All natural persons aged 18 and above, resident in Germany, Austria, Lichtenstein or Switzerland, are eligible for participation. Excluded are employees, staff or consultants of the Organizer, associated companies, and family members of these employees and their relatives. The same shall apply to any cooperation partners. Participation using a false identity or the identity of a third party is not permitted. 2. Those eligible to participate in the competition can do so by providing a valid email address. 3. Participation is possible until the end of each month. 3. Prizes and winner notification 1. The respective prize is described in detail on the www.codecheck.info website or in CodeCheck’s Facebook profile and in an email sent to the winner. 2. The winners are drawn at random from the pool of eligible participants. The winners are informed accordingly in an email sent to the email address provided by them. 3. The winners must confirm receipt of this notification within four days. Should it not be possible to contact one of the winners after this four-day period has elapsed, an alternative winner shall be drawn and the original winner shall forfeit his/her claim to the prize.. 4. Each participant may win one prize only. 5. The win is not transferable and cannot be exchanged or paid out in cash. 6. Should there occur circumstances for which the Organizer is not responsible, the respective winner shall accept an appropriate substitute prize. Circumstances for which the Organizer is not responsible include in particular any such that affect the sponsors (marked as “advertisement”) of the prizes. 7. The prizes shall be sent to the winner by post to the address provided. The risk shall be transferred to the winner upon handover of the prize to a transport person. The Organizer shall not be responsible for any damage caused during delivery. 4. Exclusion 1. Violation of these Conditions of Participation shall entitle the Organizer to exclude the respective participant from participation. This shall apply, in particular, in the event that the participant is not eligible to participate, he/she has provided false information or has registered using several email addresses or has actively interfered, or attempted to interfere, with the proper procedure of the competition in any other manner in order to increase his/her chances of winning. 2. If the person excluded from participation has already won a prize, the prize can be revoked retroactively. 5. Premature termination and changes The Organizer shall, at any time and without notice, reserve the right to prematurely terminate or change the procedure of the competition, in full or in part, where technical (e.g. computer virus, manipulation of or errors in hardware/software) or legal reasons make it impossible to guarantee the due and proper performance of the competition. 6. Data privacy 1. The Organizer shall be responsible for processing the participants’ personal data, where such processing is carried out by the Organizer. The Organizer shall use personal details about the participants and other person-specific data only in line with the statutory regulations of Data Privacy Law. The Organizer shall process the information only where such is necessary for running the competition or where the participant has consented to this. The data shall be used solely for the purpose of running the competition and shall be subsequently deleted, unless you have consented to further use of your data. 2. The participant may request information on the data stored under his/her name at any time. In all other matters, our Data Privacy Policy, which can be viewed at https://www.codecheck.info/ueber-uns/datenschutz, shall apply accordingly. 7. Final provision 1. Should the Conditions of Participation contain any invalid regulations, the validity of the remaining Conditions shall remain hereby unaffected. 3. The aforementioned Conditions shall be governed exclusively by Swiss Law. No legal action may be taken to verify the result of the draw. 4. It is understood that the place of jurisdiction for all disputes arising from or related to these Conditions of Participation shall be the organizer’s registered office.