General Terms and Conditions
Choomza is a social network for dancers, where events, training grounds, videos, crews, or anything else regarding dance can be found and shared.
§ 1 Scope of General Terms and Conditions
These general terms and conditions apply between Choomza UG (haftungsbeschränkt / limited liability) (hereinafter “provider“) and the respective users (“user”). The terms and conditions apply to the use of the website www.choomza.com, including all applications and data related to it referring to data of the website www.choomza.com, as well as all data and applications being used for registration (e.g. in the context of Facebook or Google). The GTC also apply to all other offers by the provider, such as the app "Choomza-Judging".
§ 2 Registration
(1) Choomza may be used by natural persons aged over 14 years and by legal persons in accordance with these terms and conditions. For users who are not of legal age, the posting of content on the platform of the provider is only permitted with the consent of the legal representatives. The provider reserves the right to restrict the offer appropriate to age and to make the entire offer available for users of legal age only.
(2) During registration on the website or in the app, the user is required to provide the requested data truthfully and completely, including age, name and profile picture. In case of incorrect information, legal violations or obvious "fake profiles", the provider reserves the right to delete the respective profile and to limit access to the offers.
(3) The account created by the user will be used for all applications and services related to Choomza. With creation of the account, all offers - with exception of the paid ones - can be used.
§ 3 Use of the platform, obligations to cooperate
(1) The user undertakes to respect applicable federal and / or state law in the context of the use of "Choomza". It is prohibited to upload content that is generally illegal or prohibited under these terms. The user accepts, that the website or application may contain personally unwanted content.
(2) The user is solely responsible for all content uploaded to the website or apps. The user transfers to the provider an unrestricted, worldwide royalty-free right to use within the platform "Choomza" for all contents (images, film, graphics and other representations) with the upload. This includes the waiver of the right to use the author attributions by the user or any third party associated with the work (co-author, etc.).
(3) The user assures, not to infringe any personal rights or other rights of third parties by uploading any content. In particular, the provider is released by the user from claims of third parties relating to all content. A moderation by the provider on the website and within the app does not take place. The user undertakes to protect any copyrights, property rights and commercial rights by respecting the applicable laws in their current version.
(4) By uploading content, the user agrees that it is publicly available on the provider's platform by anyone and can be forwarded as part of social media networks, unless it is paid content.
(5) The user is aware, that website and application of the provider contain links to external websites of third parties, especially for advertising purposes. The provider neither has influence on this content nor is the provider liable for this content.
(6) It is expressly prohibited to any user to provide illegal content. In particular, but not necessarily, distribution of following content is prohibited:
• offensive, insulting or otherwise defamatory remarks towards other users and towards third parties
• obscene, sexist, pornographic statements and representations of any kind
• statements and representations of any kind glorifying violence, war-glorifying or extremist
• incendiary and other extremely political statements and representations of any kind
• statements and representations in violation of the Narcotics Act
(7) In case of any breach of these terms and conditions, the provider reserves the right to block the corresponding user account without notice and to forward the respective statements and representations to the law enforcement authorities.
(8) All non-user-generated or uploaded elements on "Choomza" as well as in the application (App) and other services, are and remain property of Choomza UG (haftungsbeschränkt / limited liability) or its affiliates.
§ 4 Providing content and events
(1) The user assures to describe his activities offered in detail and comprehensibly. This includes, in particular, to precisely name the time and place of the activity, but also any costs or equipment required.
(2) Insofar as legal relationships arise or may arise between the users within this offer, the respective offering user must label this and inform about price, price components and any right of withdrawal.
§ 5 Contract conclusion via platform / apps
(1) In the case of contract negotiations and / or contract conclusions on the platform or within the applications, the contracts only come about between the respective provider and the end user, unless offerings of the provider are concerned. The provider does not become contractual partner at any time.
(2) The user himself is responsible for his offers, its content, the conclusion of the contract and the contract implementation as well as for his declaration of intent to conclude a contract.
§ 6 Premium membership
(1) Each user has the option of adding a premium membership to his user account. In addition to the free content, the user gets access to a special range of paid content with this premium membership. This includes, but is not limited to, tutorial videos on the independent practice of certain dance styles.
(2) The costs of this premium membership arise from the respective offers on the website and are inclusive of the applicable value added tax (as of May 2019: 19%). After successful completion of the payment process, the user will get unrestricted access to all paid content for the duration of his premium membership.
(3) The user has the option to pay for the premium membership either per month or annually in advance. The premium membership can be terminated online within the user account at any time.
(4) For monthly payment the following applies:
If the user does not cancel the subscription within one month after completing the payment process, the subscription automatically will be renewed for another month.
For annual payment the following applies:
If the user does not cancel the subscription within one year after completing the payment process, it will be automatically renewed for another year.
(5) After cancellation has been declared, access to the paid content remains until the expiration of the already paid period. After expiration of the premium membership, access to the paid content and any use is no longer possible from now on.
(6) The paid content may only be used for private purposes by the respective user. Reproduction outside of creating a private copy, distribution and making paid content of the platform publicly available is expressly prohibited. In particular, downloads and following re-uploads of the content in its own name are strictly prohibited.
§ 7 Use of the Evaluation-App „Choomza-Judging“
(1) The application "Choomza-Judging" can be used especially for execution of dance performances with assessed dancers by the user. The provider is entitled to make the use of the app dependent on payment of a reasonable fee.
(2) It is possible to use the app with a Choomza-Account.
(3) Via the application, users can be registered via an existing Choomza account or by providing the name and / or an e-mail address. When registering by providing the name and e-mail address, a Choomza account is automatically created for the user.
(4) Regarding the personal data collected, reference is made to the separate privacy policy.
(5) As part of the event, screenshots of the Choomza-Judging application can be displayed enlarged on public screens or screens for the participants and viewers. This includes in particular, but not limited to, the names of the current dancers, dance style, previous evaluation by the jury, current number of points and photos of the respective dancers. In accordance with the data protection and personal right of the participants, in particular to the effect that the photos shown are taken before or in the context of the event with the consent of the person being photographed and only used in context of the event and that the names are being published, the user of the app is responsible, unless any consent has already been given under the privacy policy of the provider.
(6) Subsequent to an event, the contents of the Choomza-Judging application can be linked with an associated video and the respective dancers can be digitally marked. In compliance with the applicable data protection regulations, the provider solely is entitled to upload these videos to YouTube and other video platforms and to embed the video on the website or within the other applications for the users. The user guarantees to obtain the required consent from all participating persons.
§ 8 Ticket sales
(1) The provider reserves the right to sell tickets for events via platform or applications and to offer this feature to third parties.
(2) Offers for the sale of tickets on the websites and applications of Choomza are no legally binding offers, but an invitation to submit an offer to conclude a contract under the conditions stated in the products.
(3) The offered tickets are exclusively offered in digital form within the application. Sending them by mail is excluded. The user may show the tickets at events in digital or printed form.
(4) By clicking on the button „Order ticket“ or „Buy now“ in the final step of the ordering process, the user provides a binding offer to the provider to buy the goods from the shopping cart at the displayed price. Before completion of a purchase, a correction by the user regarding the entered data is possible.
(5) The provider confirms the order of the user by sending a confirmation e-mail. This does not constitute confirmation of the conclusion of the contract.
(6) After checking the order and data transmitted and completing the payment process, the provider sends a declaration of acceptance (order confirmation) the user and / or informs the user that the product is available for download. This constitutes the conclusion of contract with legal effect.
(7) Numbers 1 to 6 also apply to commercial users (hereinafter referred to as "organizers"), insofar as and to the extent that they use the services and applications of Choomza in accordance with a separate agreement. The provider is entitled to charge a fee for its brokering activity and the use of the application in an amount per completed transaction to be agreed with the provider by the organizer. The additional provisions of § 11 apply.
(8) The legal warranty right applies.
§ 9 Right of withdrawal regarding purchases by consumers
(1) Consumers have a legal right of withdrawal in the use of paid offers, which the provider informs as about follows
(2) Information concerning the exercise of the right of withdrawal
Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.
The withdrawal period will expire after fourteen days from the day on which you, or a third party indicated by you but other than the carrier, aquire/s physical possession of the goods.
To exercise the right of withdrawal, you must inform us
Choomza UG (haftungsbeschränkt)
Schloßwiese 65
45355 Essen
E-Mail: support@choomza.com
Telefon: +49 201 7640 9624
Model withdrawal form
To exercise the right of withdrawal, please fill in the withdrawal form and send it back to us.
To Choomza UG (haftungsbeschränkt):
Schloßwiese 65
45355 Essen
I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*),
Ordered on (*)/ received on (*)
Name of consumer(s)
Address of consumer(s)
Signature of consumer(s) (only if this form is notified on paper)
Date
To meet the withdrawal deadline, it is sufficient for you to send your statement regarding your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal
If you withdraw from the contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than fourteen days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
(3) Exclusion of the right of withdrawal
According to § 312 g BGB (German Civil Code), the right of withdrawal does not exist for the following contracts for goods / services offered by us: subject to sentence 2 (note: Contracts for travel services under § 651a BGB, if they have been concluded outside of business premises, unless the oral proceedings on which the conclusion of the contract is based, have been conducted on prior order of the consumer) Contracts for the provision of services in the field of accommodation for purposes other than habitation, transport of goods, car rental, supply of food and beverages and other recreational activities, if the contract provides a specific date or period for the provision of services, (keyword: event tickets)
(4) Restriction of the right of withdrawal for digital content
As part of the range of services, the provider offers access to paid digital offers. Such offers, i. e. the access to them, is always retrieved with the first log-in after the contract or provided by the provider.
The user therefore expressly agrees with the acquisition of access to such offers, that the execution of the contract is started before the expiration of the withdrawal period. The user is aware, that he loses his right of withdrawal with respect to all digital content at the conclusion of the contract already.
§ 10 Commercial users
(1) "Choomza" works together with companies, associations and other institutions - hereinafter referred to as "organizers" - who can provide users with offers from the field of dance and events via the website or application. By that, the user can receive offers directly from the organizer.
(2) Organizers are obliged to register on the website or within the provider's application before making their offers available. By registration the organizer confirms, to only set offers from the field of dance and events. The provider is entitled to delete textually inappropriate offers or those which infringe the provisions of these terms and conditions, immediately and without prior notice.
(3) The organizer undertakes to comply with the applicable legal provisions when publishing its offers. In particular, this includes providing an own imprint, precise information on the content of the contract and the conclusion of the contract, prices and their components and information regarding withdrawal by consumers.
(4) The organizer assures that he, if and in so far as for the promotion of the events copyright protected works (flyers, videos, etc.) are used, is owner of the respective rights of use.
(5). The organizer has to ensure that he himself informs interested parties about the necessary steps to conclude a contract and duly presents this to the user on an external website or on site when the service is used, unless a feature provided by the provider is used to conclude the contract. If a binding conclusion of the contract is required for the user to participate in the activity, the organizer has to inform about this as well as the possibilities to conclude this contract.
§ 11 Obligations of the user for offers by the organizers
(1) The user is aware, that the offers by companies, institutions, associations or other organizers may be associated with costs.
(2) The user is aware, that the acceptance of offers by the organizers regularly create a legal relationship with mutual rights and obligations. "Choomza" is at no time party to this legal relationship, it is concluded exclusively between the user and the organizer. Something different applies to own offers of Choomza, such as Ticket sales or the use of premium content, whereat the provisions of these terms and conditions apply.
(3) The respective organizer as the operator of the respective pages is responsible for the content of links and advertisements. The provider assumes no liability for this content.
(4) The provider assumes no liability for the offers of third parties.
§ 12 Branding
(1) The Provider will, upon request and subject to a contractual agreement, provide a version of its apps branded with the contractual partner‘s trademark / company name. The launch of applications with branded content of the provider requires the permission of the provider and is subject of a separate agreement.
(2) The use of the branded applications must take place in the same way as using the Choomza application. The general terms and conditions apply. The users of the branded application are also registered as users in the main application in accordance with these terms and conditions.
(3) All rights to the "main" application plus content remain with the provider at all times, if and insofar as this does prevent to the separate agreement.
(4) For information and offers about the branded app provided by the contractor, the contracting party is responsible in accordance with these terms and conditions.
(5) Other rights of use, the duration of the contract and termination options and consequences result from the agreement to be reached between the parties.
§ 13 Rights of the provider
(1) The provider is entitled to inform the user regularly and in accordance with the applicable privacy policy of news and the general level of development of the website or application. This can be done by e-mail and - within the corresponding application - in the form of so-called push notifications.
(2) The provider is entitled at any time and without restriction to view the accounts of users and to randomly check the shared content.
(3) The provider is entitled to follow up information that indicate illegal activities of individual users, to temporarily / permanently block / delete them and to transfer the corresponding contents to the responsible authorities while maintaining the applicable data protection. The same applies to other entitled claimants, if this is necessary to avoid liability of the provider.
§ 14 Payments
(1) The provider generally uses the services of Stripe Inc., 510 Townsend Street, San Francisco, CA 94103, USA, for payments. The corresponding terms and conditions and privacy policy could be accessed at https://stripe.com/de-DE/privacy.
(2) If you make use of services by Google Play or the Apple App Store, please refer to their Payment Policy, available at https://play.google.com/intl/de_lu/about/play-terms/ bzw. https://www.apple.com/legal/internet-services/itunes/de/terms.html.
(3) The GTC and privacy policy of the respective payment service provider apply, as well as any other GTC and privacy policy of the payment service provided by the payment provider.
(4) Payments are immediately due, unless otherwise is agreed between the parties.
§ 15 Liability
(1) The website and all applications of the provider are created with great care. The provider does not assume any responsibility for the accuracy, availability and completeness of the information and content on the individual offers.
(2) The provider assumes no responsibility for the content posted by the user of any kind and is not liable for breaches of duty between the users. In particular, the provider is not liable for breaches of duty arising in legal relationships between third-party providers and users.
(3) The provider undertakes to investigate all information about unlawful content brought against him and to take appropriate measures to block, delete or transmit content and profiles, if this is necessary in his opinion.
(4) The provider is liable within the scope of its offer according to the general, legal principles, but cannot be held liable for printing or transmission errors. Nor is the provider obligated to constantly monitor third-party information that has been transmitted or stored and to discover any infringements (exclusion of the moderation obligation).
(5) Cases of abuse and other infringements of rights can be transmitted to the provider via support@choomza.com.
(6) The provider is, in accordance with the provisions of the German Civil Code, only liable for intent and gross negligence. But the provider is liable for any culpable conduct in the case of essential infringements of contractual obligations, default of the debtor or the impossibility of the provision of services for which the provider is responsible. Except for intent or gross negligence, the liability is limited in height to the typically foreseeable damage. A liability for the compensation of indirect damage, in particular for lost profit, only exists with intent or gross negligence. The aforementioned exclusions of liability and restrictions to entrepreneurs or consumers do not apply in the case of explicit warranties by the provider and for damages resulting from injury to life, limb or health as well as in case of mandatory legal provisions.
(7) The provider assumes no warranties or default risks or other liability for information entered as well as advance payments for planned activities of users or third-party providers.
(8) The provider is not obligated to provide his website or applications without interruption.
(9) The provider points out that some contents of the platform (such as logos, sounds, graphics and other design elements) may be protected as a trademark or subject to German copyright law. In the case of infringements of the law, the user is fully liable for his own actions; within the framework of the statutory obligation to cooperate, the provider may provide the data from the corresponding usage profile to authorized third parties.
§ 16 Performance limitations
(1) In order to ensure security and capacity, the provider reserves the right to make and edit services for the maintenance of all activities within reasonable performance limitations.
(2) As far as possible, the provider undertakes to announce foreseeable and necessary operation interruptions of the website and the app to the user within a reasonable period prior to the interruption. This does not apply to interruptions that involve the installation of critical security updates.
(3) The provider is not liable for any loss of data of users caused by system failures or impairments.
(4) The provider is entitled to stop the operation of the website or applications in whole or in part at any time.
§ 17 Data protection
With regard to the information relating to data protection and the corresponding legal provisions, reference is made to the separate privacy policy of the provider.
§ 18 Termination
(1) The user has the possibility to terminate his membership at any time. Therefore, an e-mail to support@choomza.com is sufficient. In this case, the account including all current offers of the user will be deleted within seven days.
(2) For the contract period and termination of contracts concluded within the existing membership, the provisions made in these GTC apply. Upon termination of membership, there is basically no possibility to perform such services; a refund of costs and fees already paid is excluded in this case.
(3) The provider is not obliged to save the data of the terminating party after the termination. Nevertheless, the right to keep the data for the duration of the statutory period remains.
(4) The provider reserves the right to terminate the user immediately in case of infringement of law or of these GTC without further consultation.
§ 19 Applicable law and jurisdiction
(1) The law of the Federal Republic of Germany, excluding the UN Sales Convention, applies. Compulsory provisions of the state in which the user has his habitual residence remain unaffected.
(2) If the user is a merchant, a legal entity under public law or special fund under public law or has no general place of jurisdiction in Germany or has relocated abroad after conclusion of the contract or his domicile is not known at the time the action is brought, the place of jurisdiction for the use of the services and benefits of "Choomza" resulting disputes is the headquarter of Choomza UG (haftungsbeschränkt / limited liability).
§ 20 Final provisions
(1) Should individual provisions of these GTC be or become ineffective, the validity of the remaining provisions as a whole shall expressly not be affected.
(2) The provider reserves the right to change these GTC at any time. Corresponding changes will be announced to the users on the known channels (website, e-mail and / or directly in the user profile) in advance.
(3) Verbal agreements are invalid.
Essen, 04.10.2019