Applicable to the web portal loggel.com, tlc communications GmbH & Co. KG, Außer der Schleifmühle 84, 28203 Bremen, subsequently referred to as the "Service Provider".

§ 1 General Information

1. The subsequent Terms and Conditions of Use apply to the use of the online portal www.loggel.com.
2. The website www.loggel.com provides an online portal where users have the opportunity to publish their own contributions in very varied ways, be it in the form of texts, pictures or videos. They can also view the contributions made by other users and get in contact with them.
3. Deviating, opposing or supplementing general terms and conditions of use do not form or become part of the contract unless their validity is explicitly agreed to.
4. The Service Provider is entitled to transfer its rights and obligations arising from this contract to one or several third parties (contract takeover). In the event of a contract takeover, users have the right to terminate the contract without notice.
5. The Service Provider reserves the right to change the services agreed upon in as far as the changes do not have a negative impact on its principal service and, taking account of user's interests, in as far as users can reasonably be expected to accept them.

§ 2 Registration

1. Active access to the site to use the services at loggel.com requires prior registration. Users have to choose their own user name and access password as well as state their name, birth date and e-mail address. With their registration users expressly agree to the Service Provider's General Terms and Conditions of Use as amended applicable to the portal loggel.com.
2. Only private persons are entitled to register.
3. No user is entitled to demand access to the services provided at loggel.com. In particular, the Service Provider reserves the right to verify the data provided by users in the registration form. If the data given are false, the Service Provider is entitled to block the user's access to the services provided at loggel.com.
4. During the activation process, users choose an access password which they can change at any time. However, the access password must be kept confidential and must not be disclosed to third parties. If users come to know of any misuse of their access data, they must inform the Service Provider immediately. In the event of misuse, the Service Provider is entitled to block access to the services offered on the loggel.com website. Access will only be granted again upon written application by the user. Users are liable for any data misuse if they are responsible for it.

§ 3 Duration, Termination, Compensation

1. Membership is unlimited in time and can be terminated at any time without notice.
2. The registration as well as the use of the services provided on the loggel.com website basically is free of charge. The Service Provider reserves the right to charge a fee for the provision of certain future premium services; however they will be marked as such and they will not apply to the membership as such.

§ 4 Consumer's Right to Revoke

- Legal information concerning the right to revoke -

Users have the right to revoke their agreement to the contract in text form (e.g. letter, fax, e-mail) within two weeks without having to state any reasons for it. Time begins to run upon receipt of this legal information in text form, however not prior to the conclusion of the contract and also not prior to our meeting the duty to inform as laid down in § 312 c, section 2 of the BGB [German Civil Code] in connection with § 1, section 1, 2 and 4 of the BGB-InfoV [Ordinance on Information Duties as an Annex to the German Civil Code], as well as our duties in accordance with § 312 e, section 1, sub-section 1 of the BGB in connection with § 3 of the BGB-InfoV. The time limit to revoke is considered observed if the revocation is sent off in time.

The notice of revocation must be sent to:

tlc communications GmbH & Co. KG
Außer der Schleifmühle 84
28203 Bremen

Fax: +49 (0) 421 33309819
E-Mail: moc.leggol@troppus-leggol

Consequences of the revocation:
If the revocation is effective, the services received by either party and any benefits derived from the services (e.g. interest payments) must be returned, if applicable. If users are unable to return the services received, either in part or in full or in a worse condition only, they must compensate us for lost value as applicable, if need be.

Obligations to reimburse payments made must be met within a period of 30 days. For users time begins to run as soon as they have sent off their notice of revocation, for us as soon as we have received such notice.

Please note:
The user's right to revoke a certain service expires early if the Service Provider has started to provide the service, with the user's express approval, prior to the end of the time limit to revoke or if users themselves initiated the service.

- End of the legal information concerning the right to revoke -

§ 5 Services provided by the Service Provider

1. Within the scope of the website loggel.com the Service Provider offers its registered users access to the contributions of other users, opportunities to get in contact with other users as well as the chance to publish their own contributions.
2. As to the services offered the Service Provider guarantees that its internet infrastructure is 98 % available on a monthly average and 99 % on an annual average respectively unless the Service Provider acts wilfully or grossly negligently. Exempted are those periods of time within which the server is not available due to events that are beyond the Service Provider's control. Among these events are, e.g. force majeure, actions by third parties that do not act on behalf of the Service Provider or technical problems that are beyond the Service Provider's control. It is also possible that the hardware and software or technical infrastructure used by the customer has a negative impact on the Service Provider's services.
3. The Service Provider may limit access to the services in as far as the safety of network operations or integrity of the network is compromised and in particular to prevent severe disruptions of or damage to the network, software or the data stored. The Service Provider has the right to termination without notice if customers, over a certain monitoring period of time, are found to have a negative impact on the systems resulting in system breakdowns.
4. The Service Provider regularly maintains and services its systems to guarantee safe network operations, network integrity, inter-operability of the services and data protection. To do so properly, the Service Provider may, taking account of customer's interests, temporarily stop or limit its services in as far as objective reasons justify it. In as far as possible the Service Provider attempts to carry out any maintenance work in less busy periods of use. If it is necessary to stop or limit the services temporarily for a longer period of time, the Service Provider will notify customers about the kind, extent and duration of the interruption in advance in as far as circumstances reasonably permit it and in as far as the notification does not delay the rectification of interruptions already occurred.

§ 6 Obligations of the User

1. Users are responsible for the provision of the technical equipment needed to access the web portal loggel.com, in particular as regards the hardware and software used, the internet connection and current browser software. In particular, users must secure their data at regular intervals and use up-to-date anti-virus software. The Service Provider cannot be held liable for damages caused by viruses which could have been prevented had the user installed the necessary software. The limitations of liability as laid down in § 10 of these Terms and Conditions of Use apply.
2. When using the Service Provider's services, users must adhere to the laws applicable in the Federal Republic of Germany as well as to the provisions of these Terms and Conditions of Use. In particular, users are obligated to:
3. 1. give true and complete information about themselves, in particular they must give the correct first name and surname as well as their correct, valid e-mail address when they register for the services;
   2. abstain from using the portal loggel.com to call up or disseminate unethical and illegal contents respectively;
   3. adhere to the laws applicable in the Federal Republic of Germany, in particular to the rules and regulations governing the protection of youth and penal provisions; in particular, it is not permitted to publish any photographs of third parties and disclose the password to third parties;
   4. abstain from using the portal loggel.com to promote the sale or purchase of goods or services or other commercial offers or ask other users to do so as well as not to send any messages with commercial contents or commercial objectives to other users;
   5. abstain from using the portal loggel.com to request people to call for presents, money or donations and in particular not to request them to participate in pyramid schemes;
   6. abstain from using the portal loggel.com to send chain letters and junk mails;
   7. abstain from using the portal loggel.com to deploy computer programmes that retrieve data automatically such as web crawlers (spider, robot, bot);
   8. respect the privacy of others; in other words: not to post any defamatory, offensive, pornographic, vulgar, threatening, violence-promoting, harassing, damaging, racist or other reprehensible contents within the framework of the different services on the internet pages provided within the scope of the portal loggel.com and/or disseminate such via the internet portal loggel.com;
   9. abstain from infringing the rights of third parties, in particular copyrights and ancillary copyrights, trademark, patent and other proprietary as well as personal rights;
   10. abstain from obstructing, limiting or blocking other user's access to the portal loggel.com;
   11. abstain from performing applications that may cause the physical or logical structure of the networks to change or that may disturb the system of loggel.com; among these applications are in particular the installation of viruses, Trojan horses, spam mails as well as hacking attempts.
4. It is prohibited to use the portal loggel.com to place advertisements the contents of which violate applicable laws or these Terms and Conditions of Use. In particular it is prohibited to post ads on the portal which include the phone numbers of value-added services. Furthermore users are not permitted to use the portal loggel.com to publish commercial contents and commercial internet pages or advertise third-party services. It is also not allowed to use curse words or foul language, make vilifying and offensive remarks as well as to publish protected material without the prior approval of the respective owner of the rights. And finally it is prohibited to upload and post respectively any kind of programmes, scripts and other software at loggel.com.
5. The Service Provider reserves the right to delete information from the system, block user accounts and close forums if they violate these General Terms and Conditions of Use.
6. In the event of violations of applicable laws, the Service Provider has the right to communicate the respective information to the competent government authorities.

§ 7 Blocking Access

The Service Provider reserves the right to revoke the access authorisation of a user or refuse acceptance of a registration or block the user's access temporarily in full or in part if the user makes illegal use of the internet platform loggel.com and/or violates the obligations laid down in § 6 of these General Terms and Conditions of Use. The Service Provider will immediately notify the relevant user by e-mail if the access authorisation has been revoked or registration refused or the user's access blocked.

§ 8 Indemnification

The Service Provider is not responsible for the contents users may publish or transmit within the scope of loggel.com. In particular, the Service Provider is not obligated to inspect the contents for potential legal violations. The user indemnifies the Service Provider against any and all justified claims lodged by third parties against the Service Provider on the grounds of an infringement of their rights or violations of law based on the contents posted by a user and which this user is responsible for. The user also has to bear all costs incurred by the Service Provider for legal defence, including any and all court and lawyer fees in accordance with the statutory fees for which the user has to pay the Service Provider a reasonable advance.

§ 9 Guarantee

1. Service deficiencies will be rectified promptly based on the error description of the user. This does not apply if the deficiency is due to circumstances caused by the user. If serious deficiencies occur repeatedly, the user is furthermore entitled to terminate the contract without notice. Further rights of the user remain unaffected.
2. According to § 7, section 2 of the Telemediengesetz (TMG) [Tele Media Act], the contents and ads that users enter into the data bases of the Service Provider's services are foreign content for the Service Provider. The legal responsibility lies with the user who entered the contents in the data bases. In particular, the Service Provider does not warrant for the descriptions, properties and legal permissibility of the data entered in the data bases by the user. The Service Provider also does not give any warranty as to the accuracy and completeness of the statements and declarations made by the user, the user's identity and integrity.

§ 10 Limitations of Liability

1. The Service Provider cannot guarantee uninterrupted availability of the system and be held liable for system-related downtimes, interruptions and disruptions as to the technical equipment and the services at loggel.com not caused by the Service Provider. In particular, the Service Provider does not assume liability for disruptions to the quality of access to the services at loggel.com due to force majeure or due to events the Service Provider is not responsible for. Among these events are, in particular, strikes, lock-outs, lawful company-intern industrial action measures and official directives. Also among them are the complete or partial breakdown of the communications and network structures and gateways of other service providers and operators the Service Provider needs to provide its own services. The Service Provider is entitled to postpone the service it is obligated to deliver for the duration of the interrupting event plus a reasonable start-up time. The Service Provider cannot be held liable for minor service disruptions.
2. In the event of slightly negligent violations of duty, the liability of the Service Provider - as well as the liability of its vicarious agents and legal representatives - is limited to the average damage that could have been foreseen, is contract-typical and direct for the kind of service provided. In addition the Service Provider is not liable for the slightly negligent violation of minor contractual obligations. However, the Service Provider is liable for violations of user's major contractual legal positions. Major contractual legal positions are those the Service Provider is obligated to grant users based on the contract's contents and purpose. The Service Provider is also liable for any violations of obligations the fulfilment of which makes possible proper performance of the contract in the first place and which the user may reasonably expect to be complied with. The limitations of liability mentioned above do not affect the user's claims arising from product liability and/or guarantees. The limitations of liability do not apply in the event of fraudulent intent and/or injuries to the user's life, body or health attributable to the Service Provider as well as in the event of wilful and/or grossly negligent violations of obligations.
3. The Service Provider cannot be held liable for the loss of data and/or programmes in as far as the damage is due to the user's failure to secure the data and thus ensure that lost data can be restored at reasonable expenses.
4. The Service Provider is liable only for its own contents on the portal's website loggel.com. In as far as links allow access to other internet pages the Service Provider is not responsible for the foreign contents of these pages and does not adapt the foreign contents as its own. In as far as the Service Provider comes to know of illegal contents contained on external internet pages it will immediately block access to such pages. The Service Provider is also not responsible for contributions users post in the forums or chat rooms as they solely reflect the opinion of the relevant user.

§ 11 Rights

1. The Service Provider holds the rights in the data base and the contents of the website which the Service Provider created. The Service Provider is the sole holder of all copyrights, trademark or other proprietary rights in the data base, contents, data and other elements. Potential rights of users in the contents posted by them remain unaffected.
2. Within the scope of these General Terms and Conditions of Use users have the right to call up on the screen individual data records and print them out, however users are obligated to exclusively use the search mask provided by the Service Provider within the framework of the portal loggel.com.
3. Users are not permitted to make use of the data obtained by inquiry, neither in full nor in part nor in extracts, to build up their own data base or for commercial use of the data or to give information or for other commercial use. It is prohibited to inter-link the data base or individual elements of it with, integrate them into or otherwise connect them to other data bases or meta-data bases.
4. By transmitting the contents users grant the Service Provider the right to use these contents in the data base for an unlimited period of time, in particular to store, copy, reproduce, keep ready, transmit and publish the contents. In as far as the contents infringe the General Terms and Conditions of Use the Service Provider is entitled to modify or delete the data.

§ 12 Data Protection (Privacy Policy)

1. All data transmitted to the Service Provider are collected, stored and processed in accordance with § 28 of the Bundesdatenschutzgesetz (BDSG) [Federal Data Protection Act] and § 12 ff. of the Telemediengesetz (TMG) [Tele Media Act] to meet the contractual obligations and execute the contract.
2. Personal data, which the Service Provider collects within the scope of the registration and to provide the services, will be treated confidentially and collected, processed and used only in as far as § 28 of the BDSG and § 12 ff. of the TMG permit or the user agrees to it. Personal data are data that contain details on personal and material circumstances of a certain or identifiable user.
3. The Service Provider undertakes to inform the user upon request at any time, in full and free of charge, on the data stored, provided the data concern the user. The Service Provider will not disclose to third parties the data of or the contents of private messages by the user without the user's approval. This does not apply in as far as the Service Provider is legally obligated to disclose such data to third parties, in particular to government authorities or in as far as internationally acknowledged technical norms require it and the user does not object.
4. In accordance with § 33 of the BDSG, the Service Provider points out to users that their personal data (master data) and other information concerning their usage behaviour (connecting data, e.g. access passwords, uploads and downloads) are stored by the Service Provider during the term of the contractual relationship in as far as this is necessary to meet the contractual purpose, in particular for billing purposes. The user agrees to the storage of such data.
5. The Service Provider is entitled to make available anonymised user information to third parties for demographic purposes. The Service Provider is also permitted to make use of such anonymised data to prepare statistics and to assure the quality of its services.
6. By posting personal data such as e.g. pictures, age or sex in their accounts and thus releasing them for disclosure to a certain circle of persons, users agree to loggel.com making these personal data visible to other users to the extent permitted by each user.

§ 13 Amendments to the General Terms and Conditions of Use

1. The Service Provider reserves the right to change these General Terms and Conditions of Use at any time by observing a reasonable notice period of at least two weeks. The Service Provider notifies all registered users of such changes by sending an e-mail to the e-mail address given at the time of registration. The changes will also be published at www.loggel.com.
2. If users do not object within two weeks upon such publication or if their accounts are still in use after the time limit for lodging an objection has expired, the amended Terms and Conditions of Use are considered accepted. The notification of change will point out separately the importance of the two-week time limit for lodging an objection. If an objection is raised, the contract and the Terms and Conditions of Use will continue to be valid as before; however, the Service Provider is entitled to terminate the contract by giving due notice.

§ 14 Applicable Law, Place of Jurisdiction

These Terms and Conditions of Use shall be governed by and construed in accordance with the laws of the Federal Republic of Germany. As to consumers who do not conclude the contract for professional or commercial purposes, the choice of law only applies in as far as the consumer is not deprived of the protection granted by mandatory provisions of the state where the consumer has his/her common place of residence.