General Terms and Conditions
of "mufin website" (as of November 2010)
Validity
mufin GmbH (subsequently "mufin") provides the services "mufin website" (subsequently "Service") on the basis of these General Terms and Conditions ("Terms of Use").
mufin has the right to modify or supplement these terms of use given a reasonably timed period of notice. The announcement would be made exclusively by email and on the mufin Internet site. The change will be considered accepted by the customer, if one month following the change announcement he has not raised objections or canceled the contract. In its announcement of the changes mufin will indicate the options of raising objections and canceling the contract, as well as the terms and legal repercussions of taking these options, especially in regard to ceased objections. Differing, contradictory, or supplementary terms of use will not be an integral part of the contract, even if acknowledged, unless mufin confirms their validity with a clear reference and in writing.
Contractual agreement
The requirement for use of the service is the user's registration by entering the data requested in teh registration screen. Registration takes place under the rules of these Terms of Use as well as the mufin Terms and conditions of data protection. A service contract is enacted between mufin and the user following successful registration.
The user's entitlement to cancel the contract does not exist. We retain the right to block user access to the services retroactively. This is especially valid in cases of infringement on the Terms of Use.
User right of cancellation
The customer may recall the contract in writing within fourteen days of submission without providing any reasons (e.g. by post, fax, email). The period begins upon receipt of this information in writing, but not before conclusion of the contract and also not prior to fulfillment of our duty to inform as per Article 246 section 2 and according to section 1 subsection 1 and 2 of the EGBGB (Introductory Law to the German Civil Code) as well as our duties according to Section 312e, paragraph 1, first sentence of the German Civil Code in connection to Section 246 of the Introductory Law of the German Civil Code. Timely sending of the cancellation is sufficient to ensure the right of return period. Cancellations are to be addressed to: mufin GmbH, Friedrichstraße 200, 10117 Berlin, Germany.
Consequences of return
In case of an effective withdrawal, the value of goods received by both sides shall be reimbursed and possible use shall be returned (e.g. interest). This means that you may still have to fulfill your contractual payment obligations for the period until the withdrawal. The obligation to refund payments must be fulfilled within 30 days. The period begins for the customer upon sending of the right of recall; for us, this period begins when it is received.
Please note
Your right to revoke expires if the contract has been fully completed on both sides at your request before you have exercised your right to revoke. If you are a business as defined by section 14 of the German Civil Code, and are exercising your commercial or freelance duties, the right of revocation does not apply.
Registration, user information, passwords
The user certifies that, within the scope of registration or during the term of the contract, all personal information he/she has provided as well as any other circumstances relevant to this contract are complete and valid. If there should be any changes to this data, the user must inform mufin without delay; the customer must confirm the data given a corresponding inquiry from mufin. Upon violation, mufin has the right to immediately stop the contractual services and, given this special circumstance, to cancel the contract.
The user is required to keep the password, provided by mufin for the purpose of access to the services, strictly confidential and must immediately inform mufinshould the case be that a third party comes to know it.
Contents, use
mufin stores data and information ("Contents") for the customer or solely grants access to them. If the user transfers contents to mufin, it gives mufin the temporally or geographically unlimited, non-exclusive right to use these files in whole or partially without payment. The user alone is responsible for publishing contents placed by him on on mufin servers. The user guarantees that these do not violate any legal prohibitions, are not contra bones mores or against third parties (name, trademark, personal, copyright, data protection rights etc.). In particular the user is obligated not to display inciting contents, promote criminal activities or provide instructions for this purpose, nor offer or make available any service to underage persons with content of a pornographic nature, content that endangers minors or glorifies war or violence.
With the Service mufin does not intend to provide a platform for political activities of any kind of orientation. Therefore it is not permitted to present contents of a political nature, such as party meetings, demonstrations, flyer/signature gathering activities as well as the illustration of political symbols.
The user may not send any data or save it on a mufin data carrier if the type of data or its composition (e.g. viruses), size or duplication (e.g. spamming) would be a danger to the existence or operation of the computer center or the mufin data network.
The user is also obligated not to procure, install, use, execute, or make available software, files, information, or other content relating to mufin services for which he/she does not have the necessary rights, which infringe upon the rights of third parties, especially national and international copyrights or commercially-protected rights, like trademarks, registered designs, or patents, or which infringe upon the personal rights of third parties, or to get access to information not meant for end users.
The user is obligated to refrain from endangering the operation and the system security of the mufin network or connected networks or the circumvention of security regulations ("hacking", "cracking") and not to interfere with services ("Denial-of-service attacks").
The user is obligated to refrain from accessing the mufin network or connected networks, from making changes to the physical or logical structure of the software or the operating systems, and from using the setup, software, or other measures which could lead to such changes. The user is to refrain from testing for security vulnerabilities ("Port scan") in the mufin security regulations (on all systems, networks, hosts, accounts, or other systems parts), in mufin customer accounts, or other Internet user accounts.
If mufin is aware of any violation of the customer against the prohibitions set out here, mufin is entitled to refuse content, to delete the pages and links to it, and/or to immediately terminate the contract. A claim for damages on behalf of the user is, in this respect, excluded. mufin is not obligated to undertake a check of the proceedings.
In case of the user being in breach of the above-mentioned obligations, he/she is also liable to mufin for compensation of any resulting direct or indirect damages. The user will
Rights of use
If the user makes his profile public, he/she automatically declares him/herself to be agreed that the content be accessible and usable by everyone. Furthermore, the user provides mufin the right to use this content in the context of mufin's Internet presence.
Services
mufin grants the user a basic, non-transferable right to use the Service for the period of the contract.
If the user uses graphics or content from mufin for the design of the Service or templates from mufin, he/she does not own and will not be bestowed any rights to the graphical design of the user interface. This includes all mufin symbols and logos.
Warranty
mufin guarantees an annual mean server availability of 98%. This does not include times in which the server is not available over the Internet due to technical or other problems not under the sphere of influence of mufin (force majeure, third party defaults, etc.). mufin can restrict access to the services if this is required in order to maintain network security, network integrity, prevent server network problems, or safeguard software or stored data.
It is furthermore guaranteed that the Service corresponds to the essential functional descriptions. mufin does not make any guarantees for the display of pictures or files. The user must notify mufin, in writing, of any possible defects that might occur and provide the respective error protocols. Errors resulting from outside influences, operating errors or changes, additions, assemblage/disassemblage, repair attempts or other manipulations are excluded from the guarantee.
In the scope of the services, the displayed contents partially come from third parties. mufin cannot guarantee the correctness, completeness or currency of the contents. The mufin portal has links to other websites. mufin cannot continuously check the contents of these websites or influence the content of these websites. mufin does not take responsibility for the contents of third parties.
Rights of Third Parties
mufin will not hold the user accountable for any legitimate third party claims which are based on a possible breach of industrial property right or copyrights by mufin in the Federal Republic of Germany, providing the user has immediately notified mufin of such claims in writing and providing the right of all technical and judicial defense measures and settlement negotiations are reserved by mufin. Aforementioned duties of mufin are not applicable if the third party claims are based on breaches occurring through actions of the user, especially through the upload contents to the corresponding service by the user.
Liability
mufin stores the data for the user or solely grants access to them. mufin does not accept any liability for the contents.
mufin is only liable to slight negligible damages incurred by it or its assistant(s) if a duty is violated, even if it is extra-contractual, the adherence to which is of special importance in order to be in compliance with contractual use (Cardinal duty), as well in cases of damage to the life, body and health. On violation of a cardinal duty, liability for such damages, the possibility of which has to be considered within the framework of the present agreement, is limited if premeditation or gross negligence exist or if it is forced as a result of damages to life, body or health. mufin's statutory liability in case of personal damages and damages pursuant to the Product Liability Act remains unaffected.
mufin is not liable for damages controllable by the user or damages that could have been prevented by the user had reasonable measures been taken to do so. In case of loss of data mufin shall be liable only for the amount of reconstruction expenses which would have been required if backup copies had been made. The user's attention is specifically directed to the fact that he or she is individually responsible for making backups in reasonable numbers and at reasonable time intervals. mufin provides no replacement for lost files.
mufin will try to protect its users with the care customary for its line of business. mufin can, however, in no way be concerned with damages incurred through data espionage, hacker attacks, defective hardware or software or acts of God.
A change in the burden of proof to the disadvantage of the user is related to the foregoing provision.
mufin is not liable for damages that occur as a result of third parties infringing upon user copyrights for uploaded content.
mufin explicitly distances itself from the content of all pages containing direct or indirect references (so-called "links") to mufin offerings. The respective providers themselves are responsible for the content of these pages. Concluding contracts for services offered by these providers takes place exclusively between the provider and user without any participation of mufin and follow the condition of the corresponding providers. The processing of concluded contracts is the sole responsibility of the corresponding provider and user. mufin accepts no guarantee for fulfilling the concluded contract nor liability for physical or legal defects of the offered services. mufin is not responsible for fulfilling the contracts concluded between the users and the online providers.
Contractual Period and Cancellation
The contract runs for a specific period and may be canceled by both parties at any time in the normal manner. The right to immediate cancellation remains unchanged. mufin is especially authorized to immediate cancellation if
- the user has provided false information during registration,
- the user violates the specifications laid down in our terms of use in relation to contents used by the user,
In case of cancellation for an important reason, mufin maintains the right to freeze the Service and any possible user contents.
Final Provisions
The laws of the Federal Republic of Germany govern the legal relationship of the user and mufin. If the user is a merchant within the meaning of the German Commercial Code, legal entity under public law or special asset under public law or does not have its headquarters in the Federal Republic of Germany, Berlin shall be the exclusive place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship. mufin reserves the right to bring action against the user at his place of jurisdiction.
Terms and conditions of use "mufin.drive"
1. mufin.drive is an online service which offers users online disk space for personal data. The user may connect to this storage drive via Internet and, depending on the server, upload and download or stream data. A log in is necessary to gain access, which takes place either through a web browser or a mufin client software.
2. mufin.drive is offered as a free and as a fee-based service. The user agreement for the free version is based on the acceptance of these terms of use. The user agreement for the fee-based version of mufin.drive is completed via a special contract. The user has the option to expand the free service by selecting a fee-based offer. mufin is entitled to demand performance-related payments for these free-based services for up to 12 months in advance. Payment is due on receipt of the confirmation mail. Payment occurs via bank draft or via credit card.
mufin is entitled at any time to increase prices after a period of six weeks following written notice. The change in price applies when the customer does not object to the modified price within six weeks. Should the customer object within this time period, both parties are entitled to cancel the contract with a period of a month's notice until the end of the month. If the customer raises no objections, the new price goes into effect, but only after the extension of the contract following the announcement of the change. For the rest of the current contract, the price change has no effect. Should the customer delay in payment, mufin is entitled to all cancel services included in the subscribed service, and the customer also remains obliged to pay the agreed fees during this period of restriction.
3. For fee-based services mufin offers a 14-day free test period. The user can save these terms of use, the selected service, as well as the mufin service guarantee.
4. Right of return for the user
The customer may recall the contract in writing within fourteen days of submission without providing any reasons (e.g. by post, fax, email). The period begins upon receipt of this information in writing, but not before conclusion of the contract and also not prior to fulfillment of our duty to inform as per Article 246 section 2 and according to section 1 subsection 1 and 2 of the EGBGB (Introductory Law to the German Civil Code) as well as our duties according to Section 312e, paragraph 1, first sentence of the German Civil Code in connection to Section 246 of the Introductory Law of the German Civil Code. Timely sending of the cancellation is sufficient to ensure the right of return period. Cancellations are to be addressed to: mufin GmbH, Friedrichstraße 200, 10117 Berlin, Germany.
Consequences of return
In case of an effective withdrawal, the value of goods received by both sides shall be reimbursed and possible use shall be returned (e.g. interest). This means that you may still have to fulfill your contractual payment obligations for the period until the withdrawal. The obligation to refund payments must be fulfilled within 30 days. The period begins for the customer upon sending of the right of recall; for us, this period begins when it is received.
Please note
Your right to revoke expires if the contract has been fully completed on both sides at your request before you have exercised your right to revoke. If you are a business as defined by section 14 of the German Civil Code, and are exercising your commercial or freelance duties, the right of revocation does not apply.
5. mufin stores data and information ("Contents") for the customer or solely grants access to them. If the user transfers contents to mufin, it gives mufin the temporally or geographically unlimited, non-exclusive right to use these files in whole or partially without payment. The user alone is responsible for publishing contents placed by him on mufin servers. The user guarantees that these do not violate any legal prohibitions, are not contra bones mores or against third parties (name, trademark, personal, copyright, data protection rights etc.).
6. mufin explicitly points out to the customer that the data protection and data security for data transmissions in public networks such as the Internet can as yet not be fully guaranteed with the current state of technology. The user is aware that the provider may view user data saved on mufin.drive for technical reasons. Other participants might also have the technical capability of illegally manipulating the network security and controlling the data traffic. The user is fully responsible for the safety and security of the data transmitted by him/her via the Internet and stored on web servers.
7. The contractual period depends on the respective service selected by the user. The contractual period is automatically extended by the length corresponding to the period of the selected Service, by a maximum of 12 months, unless the contract is canceled by one of the parties, in writing, at least 8 weeks before the expiry of the contract (automatic extension of contract). Besides a cancellation of the whole Service, the user may also cancel the fee-based service only with the effect of being able to use the free service after termination of the period (downgrade). Cancellations in written form are to be addressed to: mufin GmbH, Friedrichstraße 200, 10117 Berlin, Germany. Cancellation in written form may also be faxed to +49 (0) 30 / 29392 - 400, e-mailed to shop@mufin.com or sent per post. Furthermore, the user can deactivate the automatic contract extension within the personal user account at any time with the effect that the contract ends when its duration has expired, without the need of a separate notice of termination. Termination without notice remains unaffected. mufin is especially entitled to termination without notice if the user provides false information on registration, the user violates the terms of use specified by the user in relation to the contents used by the user, the user defaults on payments to the amount of at least two monthly basic contributions. The user specifically agrees that following the expiration or cancellation of the contract, mufin is entitled to delete the data saved on mufin.drive by the user. The user is therefore responsible for creating backup copies. In case of a downgrade mufin will only delete data in the extent to which it is necessary in order to reach the acceptable data volume.
8. As long as no differing agreements have been made, general terms of use of mufin apply.
