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Terms of Use

  • 1 Scope

 

The following given Terms of Use regulate the relationship between the operators (Henning Rosenstengel and Leon Kurt Görges; contact details see imprint) and the users of the website (InfluSent.com).

Any conditions deviating from these terms of use in any form, contrary to those or additionally supplemented by users will not be applied, unless something appropriate has been agreed between the operator and the user.

 

  • 2 Registered users and registration

 

As a registered user count those who have registered on Influsent and created a personal account. Consequently, they can use more features unlike unregistered users.

The minimum age to participate as a registered user of InfluSent.com is 18 years. Participants under the age of 18 require a written consent of a legal guardian to use InfluSent.com and all features available to registered users. By agreeing to the terms of use, the user confirms that such consent has been given to him by his legal guardians and that he possesses a written proof of such consent. 

 

In addition to the consumption of information and the provided content, a visitor can also actively benefit from the offers of InfluSent.com. A registration is a basic requirement for the active use of the community functions. However, a claim for a registration by the user does not exist. The user has to provide an accurate and truthful personal email address for the registration. Addresses of disposable email services such as offensive email addresses are prohibited and are not accepted by the system for the most part. It is not allowed to misrepresent as an employee of InfluSent.com, as a celebrity or any other known person neither by choosing a username nor otherwise. Likewise, it is not allowed to use incorrect service- or official designations. The user should ideally choose a username that does not reveal his real name. We expressly point out that email addresses are used in public on InfluSent.com, so these are not protected from being viewed by third parties.

 

  • 3 Obligations of the user

 

(1) The user of InfluSent.com may not transfer his access data to third parties for use or for any other purposes. The user is obliged to maintain secrecy of his data and must secure these by means of appropriate measures against access by third parties.




(2) The offer of InfluSent.com and all related services must not be misused, but in particular

 

  1. Informations with immoral or unlawful content may neither be transmitted nor posted, nor may any information of this kind be referred to. This includes in particular informations that are in the sense of §§ 130, 130a and 131 StGB incitement to the public, invoking or instructive to other crimes, or glorifying or trivializing violence, possibly considered sexually offensive within the meaning of § 184 STGB pornographic content, suitable to impair adolescents or children in their well-being or cause serious harm to them, or harming the reputation of InfluSent.com in any way. The regulations of the Youth Protection Act and the Protection of Media for Minors must be considered explicitly.

 

  1. it must be ensured that the use and utilization of individual functionalities, and in particular the sending or posting of messages, does not adversely affect InfluSent.com, Facebook, further other providers or further third parties.

 

  1. the user may not attempt to induce anyone to favor, comment or share his or her content by solicitation or otherwise. All actions which influence the credit of a user account must not be manipulated.

 

  1. in particular, the international and national mark-, copy-, patent- trademark- and naming rights as well as any other personal rights and industrial property rights of third parties must be observed.

 

(3) The operators of the website InfluSent.com reserve the right to delete any posts without warning that violate these terms of use or impair the rights of third parties.

 

(4) In the case of very serious and / or repeated breaches of duty by the user, the operators of the website InfluSent.com are entitled to exclude the user permanently from the use of the website InfluSent.com and all connected offers.

 

(5) If the user encounters any comments or other content that appears dubious or illegal to him, he is encouraged to contact support@trendsent.de directly by email.

 

(6) The user is responsible for all content that has been distributed via his access ID. There is a general monitoring or rather review by the operator of the website InfluSent.com, in case of doubt, however, the user is solely responsible for this content.

 

(7) The copyright for submitted contents remains with the user by whom these contents were posted. With the uploading and sharing of content the user grants the operators of the website InfluSent.com the non-exclusive, temporally unlimited, world-wide valid, contentwise and according to release quantities unlimited, transferable, irrevocable and sub-licensable right to use the content of the relevant user completely or in part for purposes of promoting or publication. This right to use the content posted by the user also extends to the publication of content posted by the user on other portals and websites, such as Twitter or Facebook.

 

(8) The user exempts the operators of the website InfluSent.com in the context of InfluSent.com and connected offers of any claims of third parties, which occur on the unlawful use of the information, data and services provided or with its approval, or arising from any copyright, privacy, or other legal dispute arising from the use of InfluSent.com and related offers. If the user recognizes or must be aware that such a breach is imminent, he is under an obligation to immediately inform the operator of the InfluSent.com website about the facts.

 

(9) The user accepts that his earnings can be publicly viewed by other users.

 

(10) The user may not use any misleading advertising or other types of so-called "clickbaits", neither to links of our platform nor in any other way. The assessment and classification as misleading advertising is solely at the discretion of the employees of MainSent GmbH. Should the user violate this, the MainSent GmbH is entitled to permanently block his account including all received values and points without stating any specific reasons, the user is not entitled to disburse the remaining credits.

 

(11) The user may not share links to content of the MainSent GmbH on other social networks than Facebook and Instagram, unless he has received the express written permission of an employee of the MainSent GmbH. Should the user violate this, the MainSent GmbH is entitled to permanently block his account including all received values and points without stating any specific reasons, the user is not entitled to disburse the remaining credits.

 

  • 4 Rights and obligations of the website operators

 

(1) Under these Terms of Use, the InfluSent.com website owners allow users to post content on InfluSent.com. For this purpose, the operators of the InfluSent.com website make the InfluSent.com platform available to the user free of charge within the scope of their economic and technical possibilities. The operators of the website InfluSent.com strive to keep their service as available as possible. Further obligations are not taken by the operators of the website InfluSent.com. The user has no claim to permanent availability of the website InfluSent.com and connected services.

 

(2) The operator of the website InfluSent.com guarantees the availability of InfluSent.com and connected services for 95% of the year. Customers are not entitled to be compensated for service breakdowns unless the accessibility is below 95% of the year. The operator of the InfluSent.com website makes no guarantee that the information provided on InfluSent.com or its affiliated services is accurate, complete and in any case up-to-date. This also applies to all those websites to which the InfluSent.com website links directly or indirectly. As far as the operators of the InfluSent.com website publish their own links to external websites of third parties, these foreign contents were extensively checked before they were linked for the first time whether it could trigger a possible criminal or civil liability. In addition, links to external websites by the operators of InfluSent.com are only linked if no illegal content is recognizable at the time of the first linking. Such links are dynamic references and InfluSent.com has no influence on the content of the external sites, which may lead to changes over time that could re-establish accountability. If the operators of the website InfluSent.com notice this or are made aware by third parties of such a change, the operators of the website InfluSent.com will remove this link immediately.

 

  • 5 Compensation

 

(1) Following registration by the user, a user account will be created for this user. Credits and payments are processed through this user account, and the user is provided with a remuneration depending on the success of the content promotion and content delivery. Billing takes place after reaching the minimum number of points at the option of the user by means of payment by bank transfer or PayPal credit.

 

(2) The credit balance on the user account does not bear interest.

 

(3) If the minimum score for a payment is reached this can be requested. The payment will be processed within 30 working days and a corresponding electronic credit voucher will be issued. The user will be notified by e-mail or internal notification. Subsequently, the credit or remuneration is paid to the customer.

 

(4) If there is neither a German account nor a bank account with IBAN / BIC, the payment will be made in return for the corresponding bank charges, which will be deducted from the credit balance of the customer.

 

(5) The amount of compensation is always determined by the exchange rate published on our website. The user is not entitled to a specific exchange rate. In addition to this compensation, there is no entitlement to reimbursement of costs, expenses, etc.

 

(6) The user receives points for visits to individual so-called "chapter" pages. These go into his credit balance. The denomination of the currency is "points".

 

(7) The operators of the website reserve the right to delete the points without naming reasons if the functionality is misused.

 

  • 6 Termination of membership

 

(1) By a corresponding statement to the operators of the website or within the user account, the user can terminate his membership without notice. At the request of the user, the website operators will block the access of the user.

 

(2) The operators of the website are entitled to terminate the membership of a user at the end of the month, subject to a notice period of 2 weeks.

 

(3) If there is an important reason or suspicion that a user abuses InfluSent.com, the website operators are entitled to block the access of the user immediately and terminate the membership without notice.

 

(4) Upon termination of a user's membership, the website operators are entitled to block their access. Furthermore, the website operators are entitled, but not obliged, to delete by the user created content after termination of the membership of a user. A claim for the release of the created contents by the user is excluded.

 

  • 7 Disclaimer

 

(1) Claims for damages by the user are excluded, unless otherwise stated below. The above disclaimer also applies in favor of the legal representatives and vicarious agents of the provider, if the user should assert claims against them.

 

(2) Excluded from the disclaimer in paragraph 1 are claims for damages resulting from injury to health, life, body as well as resulting from material breaches of the contractual obligations. Significant contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract.

 

  • 8 Data security and data protection

 

The privacy of visitors and the protection of personal data are important concerns of the website operators. Therefore the operators of the website are committed to the best of their knowledge and belief for privacy, by observing the legal provisions of the German Federal Data Protection Act (BDSG) and the German Telemedia Act (TMG) as well as all other data protection regulations. The storage, collection and use of personal data via InfluSent.com takes place exclusively within the framework of the aforementioned provisions and in compliance with the principle of data minimization and the purpose-based use of data. Additional privacy information can be found in the general privacy policy.

 

  • 9 Final provisions

 

(1) The operators of the website reserve the right to change these terms of use at any time without giving reasons if it seems necessary and does not contrary fidelity and belief disadvantage the user. Therefore all users are encouraged to read these Terms of Use periodically. If a user does not agree with any changes, they must stop using InfluSent.com. If the use is not terminated in this case, the operators of the website are entitled to exclude the user from the use.

 

(2) There are no side agreements. Place of jurisdiction and place of performance are, as far as legally permissible, the operators of the website in Bielefeld. German law applies.

 

(3) German law applies. Should any provision of this contract be or become invalid in whole or in part, the remaining provisions remain unaffected and exist. The ineffective provision is replaced by the legal regulations. This also applies to any loopholes.



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Bielefeld, 28.08.2019