Our terms of use
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1. Scope of application
The present terms and conditions of use regulate the use relationship between the operators of wishsite.de or wishsite.net (hereinafter referred to as wishsite) and its users (hereinafter referred to as User).
The services provided are exclusively intended for private persons.
wishsite may not be used for advertising or SEO measures (i.e., for example for linking of other online contents to increase search engine rankings).
wishsite reserves the right to amend or to delete parts of the services on offer at any time and without prior notification.
Deviating or supplementary terms and conditions of use or agreements shall require express and written consent from wishsite.
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2. Object of use
wishsite provides User with a service for the production and administration of online wish lists. Addition of wishes to a user’s wish list is done by the user personally. However, wishsite reserves the right to to make suggestions for wishes by inserting images and texts.
After a wish list has been created, user is shown two individual URLs via which he can administer his wish list (hereinafter administration URL) or view it (hereinafter view URL).
By sending the view URL to third parties (e.g. by e-mail), User can provide the wish list he had produced to third-party users (e.g. friends and relatives) to look at. Via this view, the third-party users can “reserve” wishes on the wish list (hereinafter reservation function). With a reservation, the wish is given a matching reservation marking in the view. A reservation can only be cancelled again later if the reserving person inputs his e-mail address when making the reservation. As a result of this e-mail address, the reserving person is identified when the reservation is cancelled. For a final cancellation of the reservation, the reserving person is sent a link by e-mail, via which he can then cancel the reservation. The reservation function can be switched on and off by User via the administration URL as he wishes.
For the dispatch of the view URL, wishsite provides integrated functions to be able to do this via Facebook (www.facebook.com), Twitter (www.twitter.com) or via WhatsApp (www.whatsapp.com). For this use of these functions, separate consent of User in the terms and conditions of use of the service in question is necessary. Without this consent, the function in question cannot be used.
wishsite can present services and products from other providers to User (advertising). wishsite is not answerable for the services and products offered. wishsite therefore assumes no liability for the correct rendering or supply of the services and/or products offered by the provider.
The services offered by wishsite are online services which accordingly can exclusively be used via the internet and with matching appliances. wishsite reserves the right to extend and to change the services on offer at any time and to any scope or also no longer to offer them. Prior notification of User need not be given. In addition, parts of or all services may temporarily no longer be available for technical reasons or due to force majeure.
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3. Use relationships
A use relationship comes about by the creation of a new wish list by a user. For the creation of a wish list, optional parameters such as a name or a description can be input for the wish list. Likewise, an e-mail address can be left, with a confirmation mail being sent to it following the creation of the wish list.
With registration or creation of a wish list and input of an e-mail address, User approves wishsite being allowed to send him a confirmation mail to the e-mail address stated. Dispatch of further news and information about product improvements shall require User’s express consent. This consent shall be confirmed in the form of a double opt-in process by access to a confirmation link, which User receives in an e-mail sent to the e-mail address stated.
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4. Liability and damages
User undertakes in particular to keep the administration URL secret and only to use it for the intended purpose, i.e. personal administration of the wish list by User himself. wishsite shall assume no liability for all and any damages which may be caused by misuse of the administration URL, but also the view URL, by third parties.
User undertakes only to use the linking function of wishes for its original purpose, i.e. linking of a wish with further-reaching product information or possibilities of purchase, e.g. in online shops. wishsite reserves the right to remove the linking from wishes, the linking of which does not serve the purpose described here, to delete the wish or also to delete or to block the entire wish list.
User is personally responsible for the design of his wish list with photos and texts. wishsite shall not be responsible for the photos or texts used by User. wishsite shall likewise not be liable for the contents linked by User.
User shall not be allowed to link illegal contents via his wish list or to propagate them otherwise, e.g. by matching text excerpts.
wishsite shall not be liable for damage caused by the use or the non-use of the services provided. Instead, User is conscious of the fact that the services offered are software, which may principally be defective. Likewise, wishsite is not liable for damage to User’s systems (computers, cell phones etc.) or to the data stored on them caused by User’s or these systems’ interactions with the wishsite services.
wishsite shall not be liable for damage caused by legitimate or illegitimate use by third parties, e.g. by legitimate or illegitimate access to the view URL or a wish list.
wishsite shall not be liable for damage and the loss of use if the services fail. wishsite shall not be liable for the online contents on third parties’ internet sites linked by wishsite. The operators of the linked sites in question shall exclusively be liable for them.
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5. User’s duty to damages
User is obliged to complete indemnification of damage caused by culpable conduct on his part. -
6. End of use
Wish lists produced by User via wishsite can be deleted by him at any time. In this way, the complete wish list including the (personal) data input and the matching wishes shall be irrevocably deleted in the database. Further, wishsite reserves the right to delete the wish lists from the database after a suitable period of time, which shall be no less than one year, without prior notification of User. wishsite likewise reserves the right to delete wish lists prematurely if User is conspicuous as a result of damaging conduct or breaching points of these terms and conditions of use. -
7. Data protection
Taking § 14, subsection 2, German Tele-Media Act into due account, wishsite undertakes not to forward data which could give an indication of User’s identity to third parties. However, User is conscious of the fact that it cannot be ruled out that third parties may procure unauthorised access to these data during a transmission of data in the internet.
The extensive regulations of data protection can be found in the Privacy statement.
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8. Changes
wishsite reserves the right to change these terms and conditions of use at any time. The changes need not be substantiated towards User, in particular, however, changes can be made to the extent that the offer of the services provided is extended or reduced. -
9. Severability clause
If parts of these terms and conditions of use are invalid or ineffective, the other parts shall remain unaffected.
- Date: July 18, 2017 -