Term of use
Section 1: Scope of Services
triper provides an online service through the Internet site “www.triper.one/.de/.me/.info/.tv” and its sub-sites (hereinafter “triper” or “triper-platform”) through which users create and publish events as “hosts” and view events published as “guests”. triper.one also allows the exchange of electronic messages between the users, especially between “hosts” and “guests” as well as the publicly visible exchange of articles, comments, reviews of events, etc.
The aim of triper is to enable “hosts” and “guests” to get in contact with the aim of organizing non-commercial events where “hosts” and “guests” meet each other to spend some time and make experiences together. triper itself is not the provider and / or participant of the respective events and thus not involved in the contractual relationships between “hosts” and “guests” and their fulfillment. Nevertheless, in the event of conflict, triper will endeavor to mediate between the participants and try to find a mutually acceptable solution to the conflict.
triper pursues the idea of a non-commercial merger of users and their social activities without the intention of making profits on the part of users. Therefore, events are in principle to be offered and performed free of charge by the “hosts”. A financial benefit of the “host” due to the performance of events is not desired. If the event includes fees to third parties (such as concert tickets or other entry fees), the “host” may request reimbursement of those costs from the “guest”, if he/she agreed in advance. The costs must be clearly stated in the event offer the “host” set on triper and it must be quantified truthfully.
On the users’ profile pages, triper displays information about the respective user and his/her activities. Performed events as well as the “hosts” and the “guests” can also be assessed by the users involved.
Users have the opportunity to “follow” other users. By activating this feature, the followers of the user’s activity being followed will be kept up to date through electronic messages.
Section 2: Registration and user account
To use the online services of triper, in particular for the setting of events and the exchange of electronic messages with other users, a registration of the user on “www.triper.one” is required. A prerequisite for registration is that the user is a natural person. If the user is underage, he may only register with the approval of the guardian. In this case, triper reserves the right to make the provision of services dependent on the submission of proof of the consent of the legal guardians. The user is obliged to truthfully and completely indicate the data collected during the registration of triper. If the data is changed after registration, the user has to update the data without delay in the password-protected user area of triper.
By submitting the registration form, the user makes an offer to conclude a contract with triper. If triper accepts the registration, the user will receive a confirmation e-mail with a personalized link. Upon receipt of the confirmation e-mail, triper and the user enter into a contract for the use of the triper platform. In order to complete the registration, the user must call the link provided with the confirmation e-mail to verify his e-mail address. A claim for conclusion of a contract does not exist. Upon successful registration, an account on the triper platform will be created for the user, which he/she can access with the help of his/her e-mail address and his chosen password during registration. The password can be changed by the user at any time via the password-protected user area. It must be kept secret by the user and protected against access by unauthorized third parties. If the user determines or suspects that his access data are being used by a third party unauthorized, he must notify triper immediately and change his password immediately. Each user may only register once one the triper platform. User accounts are not transferable.
Section 3: Published events, rights of use of published content
The user has to publish his event offers in the appropriate category. His offers have to be described truthfully and stating all relevant characteristics in words. Optionally, images and videos can be uploaded by him. The user grants triper a non-exclusive, transferable, sublicensable, royalty-free, worldwide license to use the content published on the triper platform, in particular photos and videos. The license ends when the uploaded content or user account is deleted.
which violates copyright, trademark and competition law regulations, statutory provisions on the protection of minors or contains false information or is misleading in any way.
Section 4: Other contractual obligations
The user is obliged to refrain from all actions that could jeopardize the safe operation of triper or bother other users or that would otherwise go beyond the proper use of triper. He is particularly obliged to refrain from sending advertisements, chain letters or other annoying content via its triper account, sending viruses or other technologies that could harm triper.one or the interests or property of other users, exposing the infrastructure of triper to excessive stress or otherwise interfere with or endanger the functioning of the triper platform, reproducing, making publicly available, distributing, operating or otherwise using the content of triper without the prior approval of triper in a manner that is beyond the proper use of the triper platform, without the written consent of triper, using crawler, spider, scraper or other automated mechanisms to access the triper platform and collect content, collecting information, in particular e-mail addresses or telephone numbers, about other users without the prior approval of the users concerned, circumventing precautions designed to prevent or restrict access to the triper platform.
Section 5: Deletion of content, blocking of users, other consecuences
Section 6: Fees
triper is entitled to levy fees for certain services rendered and for the use of certain functions of the triper platform. triper will explicitly inform the user about the costs and the amount of the costs incurred before each booking of a paid service. Prices quoted by triper for the provision of own services within the triper platform are in Euros and include statutory value added tax.
Agreed fees are payable immediately and can be settled using the means of payment accepted by triper. As triper offers and accepts direct debit by means of a SEPA direct debit, the announcement of the direct debit (“pre-notification”) is made with a notice period of at least five working days; the deadline for the SEPA pre-notification is accordingly reduced to five days. If the debt collection fails in spite of timely announcement and the user is responsible for the failure, he has to reimburse the resulting additional costs.
Section 7: Liability of triper
The events and other content of users published on the triper platform do not reflect the opinion of triper and are not checked for legality, correctness and completeness by triper. triper is neither responsible for the accuracy and completeness of the information contained in the event offers and other content nor for their quality, safety or legality. triper is liable according to the legal regulations for intent and gross negligence of its legal representatives or vicarious agents. The same applies to the assumption of warranties or any other assumption of no-fault liability as well as claims under the Product Liability Act or culpable injury to life, limb or health. triper is also liable for the reason for simply negligent breaches of essential contractual obligations caused by its legal representatives or vicarious agents, i.e. such obligations, the fulfillment of which the user regularly trusts and can trust in the proper performance of the contract. In this case, however, the liability is limited in amount to the typical, foreseeable damage. Further liability of triper is excluded. Insofar as the liability of triper is excluded or limited, this also applies in favor of the personal liability of its legal representatives and vicarious agents.
§7a Disclaimer of external links from user/advertising partner
With its judgement of 12 May 1998, the Hamburg Regional Court decided that the inclusion of a link may entail joint responsibility for the content of the linked pages. This can only be prevented by expressly distancing oneself from this content. The following applies to all links on this homepage from users and advertising partners: triper hereby expressly distances itself from all contents of all linked pages on the triper platform and we do not adopt these contents as our own.
Section 8: Liability of the user
The user releases triper from all claims asserted by other users or other third parties for violation of their rights by the contents published by the user on the triper platform or because of any other use of the triper platform. The user hereby bears the costs of the necessary legal defense of triper including all court costs and lawyers’ fees at the statutory rate. The right to an exemption does not exist if the user is not responsible for the infringement. In the event of a claim by third parties the user is obligated to provide truthful and complete information to triper upon request immediately and completely necessary for the examination of the claims and a defense against it. Any liability of the user beyond these regulations remains unaffected.
Section 9: Termination of he contract of use
The user is allowed to cancel the contract of use at any time without observing a notice period in text form. This requires a notice of termination by e-mail to triperUG ([email protected]) or by post: triper UG (haftungsbeschränkt), Papenhuder Straße 14, D-22087 Hamburg, Germany. In the event of termination during an ongoing additional service that is subject to a fee, there is no entitlement to (pro rata) repayment. triper may terminate the contract of use at any time with a notice period of 14 days to the end of a calendar month. The right of triper to delete individual contents, to block users and to carry out other measures according to Section 5 as well as the right to terminate without notice for good cause remain unaffected.
Upon termination of the contract of use, all contents of the user are removed from the triper platform and the user’s user account is deactivated. The user account and all user data stored on it will be deleted no later than six months after the contract has ended. This does not apply to data that triper is legally obliged to store or has a legitimate interest to store, e.g. to prevent a re-login after a legitimate blocking. triper may irrevocably disable user accounts with incomplete registration data and user accounts that have been inactive for a period of at least 12 months.
Section 12: Exercise of rights by third parties, transfer of the contract.
For the purpose of fulfilling the contract of use and exercising the rights conferred by this contract, triper may avail itself of the assistance of other companies and person. triper is entitled to transfer its rights and obligations under the contractual relationship with the users, in whole or in part, to a third party.
Section13: Choice of law, jurisdiction, consumer arbitration
Section 14: Severability clause