§ 1 Scope
(3) Verbal side agreements to the contract made by employees or vicarious agents of NLFY are only valid if the NLFY expressly confirms them in writing.
§ 2 Registration / User agreement
(1) NLFY offers a number of services on the Internet that do not require special registration.
(2) NLFY also offers additional free services such as the free sending of information by newsletter. For the use of such services by NLFY a free registration is required. Full registration takes place by means of the so-called double-opt-in procedure by completing and sending the registration form, the subsequent written confirmation by e-mail through NLFY to the e-mail address named in the registration and clicking on the confirmation email provided registration confirmation link. For registration, the user will be provided with a web registration form.
(4) NLFY has the right to refuse registration applications without justification.
(5) NLFY is entitled at any time to discontinue services and services offered.
§ 3 Duties and obligations of the user
(1) When registering, the user must truthfully communicate his characteristics (name, address, etc.). Changes must be reported to NLFY as soon as possible.
(2) The user is obliged to protect his login IDs (if applicable, along with personal passwords) from access by third parties.
(3) The user is prohibited, when using the service of NLFY, to violate the rights of third parties or otherwise harass third parties, in particular to insult other users or otherwise derogate. The misuse or the taking of illegal actions is prohibited. The user is obliged to use the service of the NLFY with the utmost care.
(4) User must ensure that its behavior does not affect the performance of the server or service of NLFY and in no way compromises server stability, server performance or server availability. In particular, misuse of the service of NLFY is prohibited.
(5) Tthe user is prohibited as well from sending so-called spam mails, spam sms or other spam messages to third parties, e.g. for the application of third party services.
§ 4 Disclaimer and indemnity
(1) NLFY shall only be liable for damages other than those caused by injury to life, body or health insofar as these are based on intentional or grossly negligent acts or on culpable violation of a material contractual obligation by NLFY, its employees or its vicarious agents. This also applies to damages resulting from the breach of obligations during contract negotiations as well as from the taking of unauthorized actions. Any further liability for damages is impossible.
(2)The liability is limited except for intentional or grossly negligent behavior, the violation of a cardinal obligation or injury to life, limb and health by NLFY, its employees or its vicarious agents typically foreseeable upon conclusion of the contract damages and otherwise the amount of the average damages typical for the contract , This also applies to indirect damages, especially loss of profit.
(3) NLFY shall not be liable for damages of any kind resulting from data loss on the servers except in the case of gross negligence or willful misconduct by NLFY, its employees or its vicarious agents.
(4) Stored contents of the user are foreign information for NLFY within the meaning of § 10 media law (TMG), so that the contents of the legal liability privilege applies and NLFY for content can not accept liability.
§ 5 Termination
Registration can be terminated at any time without notice by sending an e-mail to firstname.lastname@example.org.
§ 6 Final provisions
(1) The law of the Federal Republic of Germany applies excluding the UN sales law. Compulsory provisions of the state in which the user has his habitual residence remain unaffected. Contract language is German.
(2) If the user is a merchant, a legal entity under public law or public law special property, or has no general jurisdiction in Germany or relocated after conclusion of the contract his residence abroad or his residence at the time the action is not known, the jurisdiction is Hamburg.