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Terms of use(tos) of TIHIL UG (haftungsbeschränkt)

Dated: September 26th 2016

On the webpage TIHIL (This Is How I Live), accessible via http://www.tihil.net, referred to as TIHIL in the following, the company TIHIL UG (haftungsbeschränkt) provides an online portal for presenting one's own and discovering others living situation all around the planet. The user is able to present is apartment/house/unit which is referred to as place within the portal by setting up rooms. There are six different types of rooms available. These are: bedroom, office, kitchen, living room, bathroom and car port. In order to present these, the user can upload pictures of the given room from different angles. By doing so, he or she enables to give other users an impression of his living situation. Furthermore, the user can highlight specific objects within each room. In return, the user can discover other places presented by any other user around the world.

  1. 1. General
  2. 2. Use of TIHIL
  3. 3. Deleting the membership
  4. 4. Duties and rights of TIHIL
  5. 5. Duties and rights of users
  6. 6. Limited Liability and Indemnification
  7. 7. Final provisions
  8. 8. Imprint

  1. General
    1. The terms of use govern the relationship as well as rights and obligations between TIHIL and the users of the platform and the users themselves.
    2. The terms and conditions apply for the content and functionality published within the portal. Upon exiting through links, whether by clicking on provided advertising or otherwise made available links (for example, by other users in the comment function), the respective terms and conditions of the then accessed side apply. The TIHIL UG (limited) is only responsible for the content within the portal which are the webpages reached at https://www.tihil.net and https://www.tihil.de..
    3. By using TIHIL the user agrees to these terms and conditions.
  1. Use of TIHIL
    1. In order to use TIHIL, a registration and creation of a user account is necessary. The registration is free of charge. By creating a user account, the user accepts the terms of use. Furthermore, the user agrees to present at least one of his rooms of his place. This is done by uploading at least one picture of a room of his or her choosing.
    2. A user can be any natural person who has reached the age of 16. By accepting these terms of use the user declares that he or she has reached this age.
    3. To create an account a user can register via the provided registration form or using existing social media accounts, e.g. Facebook. Multiple registrations and holding more than one account is not allowed.
    4. On registration TIHIL sends an email to the email address provided by the user with an activation link. By clicking on the activation link the registration is complete, the membership starts and a contract between TIHIL and the user regarding the usage of the portal is established..
    5. The use of TIHIL is, after completing the registration process as mentioned above, possible without any obstacles. In case the user does not complete the registration properly, as mentioned above, TIHIL may delete the user's data which he or she has already submitted within seven days.
    6. The users have no legal right to use the portal. TIHIL reserves the right to delete any user data at any point without giving reason. Furthermore, TIHIL reserves the right to reject any user on registration without giving reason
    7. TIHIL does not verify the identity of its users. Verifying identities online is not always possible. Therefore, TIHIL cannot vouch for the validity of the data each and every user provides. When getting in contact with other users, every user has to determine him- or herself if the user he or she communicates with is authentic. TIHIL does not liable for damage done by users by other users in any form.
    8. TIHIL saves the data provided by the users on registration or submitted through their existing social media accounts used to register. TIHIL only uses this data to create a user account in the platform in order to make the platform available to the user. The provided email address is solely used for communication between the user and TIHIL. This may be direct communication between a TIHIL employee or by sending a notification regarding activities surrounding the users account. In addition, newsletter may be send to the user. Furthermore, the gender and the location of the user is saved in order to enhance the experience on the portal. This information is used to provide a better search mask and making it easier for other users to find places.
  1. Deleting the membership
    1. The user can delete his membership account at all times without prior notice and giving reasons.
    2. In order to delete the account, TIHIL provides a form which can be reached here: https://www.tihil.net/account/settings
    3. TIHIL reserves the right to delete any account at any given time without giving reasons and notice.
    4. On deleting an account, all saved data will be permanently deleted from the TIHIL servers. At this point the data is not recoverable.
  1. Duties and rights of TIHIL
    1. TIHIL complies with national data privacy laws and does it's best to protect its user's data against unauthorized access.
    2. TIHIL only uses the pictures of users for the purpose of promoting and presenting TIHIL within the own portal as well as other social media channels (e.g. Facebook). TIHIL does not claim at any point the exclusive right of any pictures uploaded by users. However, due to legal reasons it is necessary that the user grants TIHIL a global, transferable, non-exclusive and free of charge license for the pictures uploaded by the user. This is inevitably necessary as by intellectual property law only a photographer (in this case the user) has the sole right to publish and duplicate his or her pictures. With this license the user grants TIHIL the right to publish his pictures. By accepting the terms of use the user grants the above described license to TIHIL. The license is revoked by deletion of the account by the user.
    3. TIHIL is committed to developing the website, adding features as well as enhancing the user experience. However, TIHIL is not obligated to guarantee the functionality of any features on any possible device at any point. In case the functionality is not given partly or at all on specific devices, TIHIL is not obligated to establish the functionality.
    4. In case TIHIL encounters technical problems which lead to the loss of data, TIHIL is not obligated to bear damages arisen in any form. If a user thinks he or she needs to backup data, he or she is responsible for doing so him or herself.
    5. Furthermore, in case TIHIL cannot be reached due to technical difficulties in part or at all, TIHIL does not bear damages arisen in any form. TIHIL does not guarantee availability of its websites.
    6. TIHIL reserves the right to save site-specific data for localized advertisement.
    7. TIHIL reserves the right to place advertisement on its website. Through placed advertisement, third party sites can be reached via hyperlinks by the user. By clicking on these hyperlinks the user reaches these third party websites and the TIHIL terms of use do not apply anymore.
    8. TIHIL reserves the right to delete any pictures uploaded by a user or any comment made by a user at any time without giving reason or notice.
    9. By completing the registration on TIHIL, the user agrees that TIHIL may use the pictures uploaded by the user to the portal on the TIHIL website and social media accounts to promote TIHIL itself. The user's pictures used for promotion on social media sites may link directly to the user's place within the portal. Furthermore, a user's picture may be used by bloggers and journalists in written articles or other media reports. This occasions aside, TIHIL will not actively publish any pictures uploaded by its users. However, TIHIL is not liable in any form if a picture gets illegally download, may it be through direct downloads or screenshot processing, and published wherever. By uploading a picture to the portal the user is aware of the possibility that his or her picture may end up on sites not intended.
  1. Duties and rights of users
    1. The user is obligated to hold the rights to the pictures uploaded by him or to the portal TIHIL and to not violate rights of third parties by uploading it. If TIHIL learns that third party rights are violated by the upload of a picture, TIHIL will delete the picture(s) in question and reserves the right to delete the users account. TIHIL is not liable for any damages created by a user uploading a picture but reserves the right to pass on information to investigating authorities if required.
    2. The user is obligated to not upload pictures depicting illegal things according to national laws, are against accepted morality or violate rights of a third party. TIHIL reserves the right to delete such pictures, delete the users account and to initiate legal investigations if necessary.
    3. It is prohibited to upload pictures which may violate the right of other parties, e.g. pictures only depicting company logos, trademarks, brand names or other protected signs. TIHIL reserves the right to delete such pictures, delete the users account and to initiate legal investigations if necessary.
    4. It is prohibited to download any pictures from TIHIL which a user does not hold the right to unless it is specifically allowed by the right holder of such picture.
    5. In case there are people on pictures to be uploaded, the user uploading the picture has to make sure he is allowed to upload the picture and does not violate any personal rights or a person's privacy by uploading the picture. The user uploading the picture is liable for any violations, not TIHIL.
    6. In case contact information is exchanged via TIHIL, the information received is not to be passed on to third parties unless explicit consent to do so is given by the person in question.
    7. A user can delete his pictures at any given time without reason. However, a user needs to have uploaded at least one picture in order to use TIHIL.
    8. User are not allowed to use TIHIL in any other way than intended. Uploading advertisement in form of pictures or comments as well as spamming is prohibited. Posting links to external pages is not allowed.
    9. By accepting these terms, the user is aware that if links to third party sites were posted and have not yet been removed by TIHIL, TIHIL is not responsible or liable for the content on the third party sites. For damages caused by these third party sites in any form, TIHIL is not liable. The user leaves TIHIL and access these third party sites on his or her own risk.
  1. Limited Liability and Indemnification
    1. According to national laws TIHIL is not responsible for monitoring data traffic as TIHIL is merely a service provider offering the portal known as TIHIL. However, if TIHIL learns that the above mentioned terms of use are violated in any form, TIHIL will react as described above.
    2. TIHIL is relieved of all legal claims by its users which may be brought forward by third parties due to actions made by users within the portal (e.g. by uploading pictures or via the use of the commentary function). All necessary costs to legally defend TIHIL will be taken over by the user responsible for the violation, including lawyer costs and court fees. In case legal claims are brought up by third parties to a user and TIHIL, the user has to notify TIHIL immediately in order to ensure a legal defense can be prepared. In the event of such a case, TIHIL may sue the user and claim compensation for any damages occurred by the user's actions.
    3. According to the provisions of the law, TIHIL bears unlimited liability for damages resulting from injury to life, body and health caused by intentional or grossly negligent infringement of our obligations. TIHIL moreover bears unlimited liability for damage covered by liability under mandatory legal provisions. Should TIHIL have infringed major contractual obligations through negligence, our liability is limited as regards the amount to damage which is typical for this kind of contract and could reasonably have been foreseen.
  1. Final provisions
    1. TIHIL reserves the right to change these terms of use at any time without prior notice or giving reason.
    2. On change of the terms of use, the users will be notified on entering the portal and be given the option to accept the new terms in order to continue the services of TIHIL.
    3. For these terms of use and the legal relationship between TIHIL and its users the laws of the Federal Republic of Germany apply. The agreement on the applicable law applies only to users if the protection isn't revoked explicitly by laws of the state in which the user has his/her habitual residence.
  1. Imprint:
The content on the Websites www.tihil.net and www.tihil.de is provided by:
TIHIL UG (haftungsbeschränkt)
Südliche Stadtmauerstr. 19
91054 Erlangen
email: contact@tihil.de
CEO: Tobias Speicher
Registration court: Amtsgericht Fürth / HRB 15510