General terms and conditions
§ 1 Object
The following rules determine the code of practice of members and users of the site Phapz
The following rules determine the code of practice of members and users of the site Phapz
§ 2 Realization of the license agreement
2.1 With registration of the user as member on Phapz a license agreement is made between indicated parties, where these ABG apply.
2.2 After complete registration, with providing of all needed data, the user receives a mail, with access and verification to the given user data inlcuding an activation link.
2.3 Every natural person after the age of 12 years and every legal entity is allowed to register on Phapz and use the offered data for personal use.
2.1 With registration of the user as member on Phapz a license agreement is made between indicated parties, where these ABG apply.
2.2 After complete registration, with providing of all needed data, the user receives a mail, with access and verification to the given user data inlcuding an activation link.
2.3 Every natural person after the age of 12 years and every legal entity is allowed to register on Phapz and use the offered data for personal use.
§ 3 Costs
3.1 The usage of www.phapz.com is free. Until further notice all services and features of www.phapz.com is free. Therefrom excluded are offerings of third-party supplier, for potential costs which may arise by third-party supplier, on behalf of Phapz no liability will be taken over.
3.2 Phapz retains the right, to form the usage of predetermmined services, in due course, for valuable consideration. Should services or features turn subject to a charge, we will inform users in time. Moreover we retain the right to place reasonable advertisings in reasonable coverage.
3.1 The usage of www.phapz.com is free. Until further notice all services and features of www.phapz.com is free. Therefrom excluded are offerings of third-party supplier, for potential costs which may arise by third-party supplier, on behalf of Phapz no liability will be taken over.
3.2 Phapz retains the right, to form the usage of predetermmined services, in due course, for valuable consideration. Should services or features turn subject to a charge, we will inform users in time. Moreover we retain the right to place reasonable advertisings in reasonable coverage.
§ 4 Specification of the offer on www.phapz.com
4.1 Phapz is a game of skill in which the user has to name the slowly generated total picture by revealing pixel alike elements to win the puzzle.
4.2 Full details of one single user will be filed in a central database.
4.3 Phapz retains the right, to utilize programs in the database system of www.Phapz.com, which give conclusion about the users manners. These programs subserve the enhancement of savety communication in the www.Phapz.com network. The application of the data gained by these programs amongst others particularly commercial services does not take place.
4.1 Phapz is a game of skill in which the user has to name the slowly generated total picture by revealing pixel alike elements to win the puzzle.
4.2 Full details of one single user will be filed in a central database.
4.3 Phapz retains the right, to utilize programs in the database system of www.Phapz.com, which give conclusion about the users manners. These programs subserve the enhancement of savety communication in the www.Phapz.com network. The application of the data gained by these programs amongst others particularly commercial services does not take place.
§ 5 Registration, Inhibition, Deletion
5.1 We retain the right, to verify individual-related data by official certificates in case of suspicious given details during registration.
5.2 The user assures by registering that, - during registration and/or potential later alteration the full given details (mandatory fields/voluntary data), except username (alias), are correct and truthful.
5.3 The user has to make sure by own interest, that the given mail address is correct and allows access to retrieved mails. We are not liable for potential disadvantages which result of unreceived mails. In case of altering personal data of the user, they will need to be changed immetiately on the profile, we are not liable for integritiy of the given data of a user.
5.4 The contractual relationship can be cancelled by the user anytime without any further statement.
5.5 Phapz can cancel the contractual relationship with a deadline of fourteen (14) days. Unaffected is the right of termination with immediate effect for cause and the definite or temporary inhibiton of the profile.
5.6 The profile deletion will take effect with termination. Entries of users will not be deleted.
5.7 The user is responsible itself for potential data protection. Phapz is absoutely not liable.
5.1 We retain the right, to verify individual-related data by official certificates in case of suspicious given details during registration.
5.2 The user assures by registering that, - during registration and/or potential later alteration the full given details (mandatory fields/voluntary data), except username (alias), are correct and truthful.
5.3 The user has to make sure by own interest, that the given mail address is correct and allows access to retrieved mails. We are not liable for potential disadvantages which result of unreceived mails. In case of altering personal data of the user, they will need to be changed immetiately on the profile, we are not liable for integritiy of the given data of a user.
5.4 The contractual relationship can be cancelled by the user anytime without any further statement.
5.5 Phapz can cancel the contractual relationship with a deadline of fourteen (14) days. Unaffected is the right of termination with immediate effect for cause and the definite or temporary inhibiton of the profile.
5.6 The profile deletion will take effect with termination. Entries of users will not be deleted.
5.7 The user is responsible itself for potential data protection. Phapz is absoutely not liable.
§ 6 Access data
The user has to treat access data privileged and is not allowed to hand it to third parties or use it consolidated. If the user is granting admission to access data, uses it improperly or spreads it, Phapz reserves the right to temporarily inhibit or delete the affected user permanentely. If there is reason to believe that a third party is using user data and/or profile without knowledge of the user, the user has to report it immediately (letter or mail) and communicate full references and pieces of evidence for possible foreign use.
The user has to treat access data privileged and is not allowed to hand it to third parties or use it consolidated. If the user is granting admission to access data, uses it improperly or spreads it, Phapz reserves the right to temporarily inhibit or delete the affected user permanentely. If there is reason to believe that a third party is using user data and/or profile without knowledge of the user, the user has to report it immediately (letter or mail) and communicate full references and pieces of evidence for possible foreign use.
§ 7 Data usage and protection
7.1 Individual-related data will only be used and handled under the content of legal requirements, without agreement they will not be handed over to third parties, they will only be used and handled site internal.
7.2 Which data will be levied for which purpose , saved and handled, which compulsory statement has to be done, which details can be done voluntaily by users aswell as the security of data on www.Phapz.com will be guaranteed and information about technical qustions (cookies, logfiles, etc.) can be found in privacy policy.
7.3 Despite the present status of technic and constant upgrading of firewalls and other guards, an entire protection of data towards unauthorized access of third parties is not entirely feasible. For any unauthorized gain of information of individual-related data by third parties, by break-through towards the protection mechanism that is applied against unauthorized access, Phapz will not be liable.
7.4 Phapz retains the right, to stand down offered services without specification at anytime and delete any stored data completely. Users have to procure their own protection for published content. If the user has any eventual damage based on not performing an own backup of data, which ensures to recover lost data by acceptable effort, Phapz will not be liable.
7.1 Individual-related data will only be used and handled under the content of legal requirements, without agreement they will not be handed over to third parties, they will only be used and handled site internal.
7.2 Which data will be levied for which purpose , saved and handled, which compulsory statement has to be done, which details can be done voluntaily by users aswell as the security of data on www.Phapz.com will be guaranteed and information about technical qustions (cookies, logfiles, etc.) can be found in privacy policy.
7.3 Despite the present status of technic and constant upgrading of firewalls and other guards, an entire protection of data towards unauthorized access of third parties is not entirely feasible. For any unauthorized gain of information of individual-related data by third parties, by break-through towards the protection mechanism that is applied against unauthorized access, Phapz will not be liable.
7.4 Phapz retains the right, to stand down offered services without specification at anytime and delete any stored data completely. Users have to procure their own protection for published content. If the user has any eventual damage based on not performing an own backup of data, which ensures to recover lost data by acceptable effort, Phapz will not be liable.
§ 8 Duties of users
8.1 It is prohibited, within the web presence of Phapz, to make use of software whatsoever or to perform the act to make it accessible for other users. The availability of offered services must not be influenced. Messages are not authorized to be abused for advertisement and/or the aim of selling a product or service. Disregarding the rules of conduct will result in instant deleletion of the user profile, furthermore non-compliance can have a legal consequence according to civil and/or criminal law. By accepting the AGB, the user confirmes to comply with the listed terms of use.
8.1 It is prohibited, within the web presence of Phapz, to make use of software whatsoever or to perform the act to make it accessible for other users. The availability of offered services must not be influenced. Messages are not authorized to be abused for advertisement and/or the aim of selling a product or service. Disregarding the rules of conduct will result in instant deleletion of the user profile, furthermore non-compliance can have a legal consequence according to civil and/or criminal law. By accepting the AGB, the user confirmes to comply with the listed terms of use.
§ 9 Liability of Phapz
9.1 For correctness, completeness, actuality and legitimacy of user made data Phapz will not be liable. 9.2 Phapz will not be liable for linked content on others pages. When noticing of violations of rights and liberties on linked others pages, these links will be deleted instantly if possible.
9.3 We do not guarantee for a 100% usability, accessability or availability of www.Phapz.com, nor for technical conditioned delay in transmission or failures. Especially for irregular features of transmission routes nor infrastructure of internet, Phapz will not be liable.
9.4 For damages by violating life, body or health, aswell as intent or wanton negligence, Phapz is liable in context of legal requirement. By violating fundamental contractual obligation (cardinal duty) by simple negligence, liablity of Phapz is limited on replacement caused by predictable, typically occuring damage. Towards the production liability law the liability of projecting regulations remain untouched. For every additional, by force majeure and indcidents you can not be responsible for, liability by Phapz is excluded.
9.5 If liability of Phapz is limited or excluded, the same applies for persons which are directly or indirectly connected with the company.
9.1 For correctness, completeness, actuality and legitimacy of user made data Phapz will not be liable. 9.2 Phapz will not be liable for linked content on others pages. When noticing of violations of rights and liberties on linked others pages, these links will be deleted instantly if possible.
9.3 We do not guarantee for a 100% usability, accessability or availability of www.Phapz.com, nor for technical conditioned delay in transmission or failures. Especially for irregular features of transmission routes nor infrastructure of internet, Phapz will not be liable.
9.4 For damages by violating life, body or health, aswell as intent or wanton negligence, Phapz is liable in context of legal requirement. By violating fundamental contractual obligation (cardinal duty) by simple negligence, liablity of Phapz is limited on replacement caused by predictable, typically occuring damage. Towards the production liability law the liability of projecting regulations remain untouched. For every additional, by force majeure and indcidents you can not be responsible for, liability by Phapz is excluded.
9.5 If liability of Phapz is limited or excluded, the same applies for persons which are directly or indirectly connected with the company.
§ 10 Electronic attacks
10.1 Electronic attacks in any way at the server, the data base, the network of www.Phapz.com or at individual user are strictly forbidden. Every eletronic attack results in immediate exclusion of the responsible member and will be, as far as practicable legal, by civil law or criminal law traced.
10.2 As elctronic attacks the following apply, without having the list terminal:
- Hacking assaults and attempts, that serve as way to overcome, bypass or overrule the security barrier of www.Phapz.com by any other means.
- To intercept or the try of intercepting messages for other specific recipients.
- Utilising of computer programs (crawler, spider, bot, etc.) for automatic readout, storing, editing, modifying or redirecting of data from the database of www.Phapz.com or automatic uploading of content to www.Phapz.com for example on your own profile, mails, messages, guest book entries, forums, groups, etc..
- Culpable utilizing and/or circulating of virus, worms, trojans, etc..
- Utilizing of links, programs, or any other procedures that may could or should harm server, database, network of www.Phapz.com or individual user.
- Brute force attacks
- Phishing
- Uploading of data or content on www.Phapz.com in kind or state (for example error, virus, worms, trojans, etc..), factor or reproduction (spamming, mailbombs, etc..), that may harm operations of computercenter or data network of Phapz or computer and programs of member of www.Phapz.com.
10.1 Electronic attacks in any way at the server, the data base, the network of www.Phapz.com or at individual user are strictly forbidden. Every eletronic attack results in immediate exclusion of the responsible member and will be, as far as practicable legal, by civil law or criminal law traced.
10.2 As elctronic attacks the following apply, without having the list terminal:
- Hacking assaults and attempts, that serve as way to overcome, bypass or overrule the security barrier of www.Phapz.com by any other means.
- To intercept or the try of intercepting messages for other specific recipients.
- Utilising of computer programs (crawler, spider, bot, etc.) for automatic readout, storing, editing, modifying or redirecting of data from the database of www.Phapz.com or automatic uploading of content to www.Phapz.com for example on your own profile, mails, messages, guest book entries, forums, groups, etc..
- Culpable utilizing and/or circulating of virus, worms, trojans, etc..
- Utilizing of links, programs, or any other procedures that may could or should harm server, database, network of www.Phapz.com or individual user.
- Brute force attacks
- Phishing
- Uploading of data or content on www.Phapz.com in kind or state (for example error, virus, worms, trojans, etc..), factor or reproduction (spamming, mailbombs, etc..), that may harm operations of computercenter or data network of Phapz or computer and programs of member of www.Phapz.com.
§ 11 Legal consequences if violating against this AGB
11.1 By violating one or various regulations of the sites policy, especially against one or various regulations of §§ 5., 6., 7. and 10, Phapz can inhibit or delete the related profile including all deposited data with immediate effect without any statement about the reason with exclusion of any compensation claim, which ends the usage agreement. With legal age, capacity to contract and/or age of ciminal responsibility, more charges (recovey of damages, injunction, etc..) and recompense of criminal charge remain reserved.
11.2 The adult, respectively legally competent user, releases Phapz of full claim, that third parties against Phapz or employees, jobholders or other assistants regarding violation of one single user towards all legal, towards all rights of third parties or towads contractual duties, assurance or warranty plead, including costs of necessary legal consult (in legal extent), on first demand from duty. Furthermore the user is bound, to support Phapz with defence of such claims with best in all conscience and confer all informations and/or futher details that are required for that purpose.
11.3 By violating towards one or various regulations of this sity policy, especially towards one or various clauses of §§ 5., 6., 7. and 10., the user is bound to pay an equitable discretion that is determined by Phapz and with any issue case the conractual penalty will be validated by competend court, which needs to be paid on first demand to Phapz. In such a case additionally the user is bound to hand in an usual declaration to cease and desist under pain of a contractual penalty by legal standards which needs to happen immediately after demand by Phapz.
11.1 By violating one or various regulations of the sites policy, especially against one or various regulations of §§ 5., 6., 7. and 10, Phapz can inhibit or delete the related profile including all deposited data with immediate effect without any statement about the reason with exclusion of any compensation claim, which ends the usage agreement. With legal age, capacity to contract and/or age of ciminal responsibility, more charges (recovey of damages, injunction, etc..) and recompense of criminal charge remain reserved.
11.2 The adult, respectively legally competent user, releases Phapz of full claim, that third parties against Phapz or employees, jobholders or other assistants regarding violation of one single user towards all legal, towards all rights of third parties or towads contractual duties, assurance or warranty plead, including costs of necessary legal consult (in legal extent), on first demand from duty. Furthermore the user is bound, to support Phapz with defence of such claims with best in all conscience and confer all informations and/or futher details that are required for that purpose.
11.3 By violating towards one or various regulations of this sity policy, especially towards one or various clauses of §§ 5., 6., 7. and 10., the user is bound to pay an equitable discretion that is determined by Phapz and with any issue case the conractual penalty will be validated by competend court, which needs to be paid on first demand to Phapz. In such a case additionally the user is bound to hand in an usual declaration to cease and desist under pain of a contractual penalty by legal standards which needs to happen immediately after demand by Phapz.
§ 12 Modification of AGB
Phapz maintains the right on modificating these AGB without mentoning any reasons. Upon modification users will recieve the modificated conditions within two (2) weeks by mail. In case of no contradiction within two (2) weeks after receiving the mail, the altered conditions pertain accepted, thereupon users will be referred explicitly. With receiving a contradiction towards the modificated AGB, Phapz pertains the right, to terminate the contractual relationship with immediate impact including the deletion of all userdata with exclusion of any right to claim damages, also upon this will be referred explicitly.
Phapz maintains the right on modificating these AGB without mentoning any reasons. Upon modification users will recieve the modificated conditions within two (2) weeks by mail. In case of no contradiction within two (2) weeks after receiving the mail, the altered conditions pertain accepted, thereupon users will be referred explicitly. With receiving a contradiction towards the modificated AGB, Phapz pertains the right, to terminate the contractual relationship with immediate impact including the deletion of all userdata with exclusion of any right to claim damages, also upon this will be referred explicitly.
§ 13 Integration of third parties
Phapz is entitled to delegate third parties with a service delivery of divisions or complete service portfolio. Data security remains untouched.
Phapz is entitled to delegate third parties with a service delivery of divisions or complete service portfolio. Data security remains untouched.
§ 14 Place of jurisdiction and applicable law
As far as legally valid, the place of jurisdiction is Berlin. This AGB and legal relationship underlie the right of German Federal Republic with exclusion of provision of international private law (IPR)
As far as legally valid, the place of jurisdiction is Berlin. This AGB and legal relationship underlie the right of German Federal Republic with exclusion of provision of international private law (IPR)
§ 15 Salvatorius clause
In case of a void clause within the general terms and conditions or being or becoming partly incomplete, all other terms will remain untouched apart from that. The void claus will be replaced with a clause, that sense and purpose will be effective in law and economically nearest. The same applies for eventual gaps in general terms and conditions.
In case of a void clause within the general terms and conditions or being or becoming partly incomplete, all other terms will remain untouched apart from that. The void claus will be replaced with a clause, that sense and purpose will be effective in law and economically nearest. The same applies for eventual gaps in general terms and conditions.