Xchar

Xchar (www.xchar.de including all appendant country- and subdomains) is an interactive online-offer of the Karo Internet GmbH (hereafter also called "Xchar" or "Licensee") and aims at all online gamers.

1. Terms of Use and their validity

1.1 In the relationship between licensee and member (hereafter also called „user") the following Terms of Use apply. Deviating terms, contrary to the following Terms of Use, will not be applied.

1.2 By registering at Xchar, the user accepts the Terms of Use. During the registration process, the user gets the opportunity to acknowledge the Terms of Use and must confirm their validity by seperately activating a check box.

1.3 Xchar reserves the right to change the Terms of Use at any time and without giving reasons. The changed terms will be sent to the user per mail two weeks prior to their coming into effect. If the user has not refused the changed terms within two weeks after reception of the mail, the changed terms will be deemed accepted. The licensee pledges himself to separately indicate the special importance of that to the user within a two weeks time limit in the mail containing the changed conditions.

1.4 In the scope of this "user-licensee-relationship" of Xchar and users, the Terms of Use even apply when the validity of the Terms of Use is not again indicated explicitly when other services are enlisted by the licensee.

1.5 Should the user object to the validity of the new Terms of Use, Xchar is entitled to end the current "user-licensee-relationship" with immediate effect without any indemnity claims of the user and to delete all data that was saved under the profile of that user. The licensee will indicate that possibility also separately in the mail containing the changed conditions.

2. Logging in (incl. registration) and logging out

2.1 The user may only register once at Xchar. By registering he confirms that he has not done so before.

2.2 The user confirms that all personal data he uses at the platform is current and true and only describes the user himself. The same goes for pictures of the user.

2.3 The services offered on the Xchar platform are soleley meant to be used for private purposes. Any commercial use is strictly forbidden. By registering, the user confirms that he will use the services only for private purposes.

2.4 If the user violates one of the ordinances of the aforementioned points 2.1 to 2.3, point 8 will come into effect.

2.5 The user may delete his account via „Settings"  „edit" without giving reasons and at any time by entering his password. With deregistration, all data of the user profile will be deleted entirely. The contractual relationship thus ends.

3. Xchar's services

3.1 The licensee runs a social network in form of a communication platform on the internet, through which registered online-gamers can contact and communicate for the purpose of creating and maintaining new friendships. The user has the option to sign in, to publish information about himself, to send and receive messages, to invite others to join Xchar, to use the platform to find other users or their respective game avatars and much more.

3.2 All profile data (personal data of the users) is saved in a central database at Xchar. Registered users can view the profiles of other users and contact them via the platform.

3.3 Good form and manners are to be upheld at any time. To feign a different identity or to express insulting, degrading or racist comments is contrary to the idea of Xchar and thus strictly forbidden.

3.4 If users incorporate Xchar links into foreign websites, the licensee may track these links and check their content. In the case of illegal content of any sort, the licensee will delete those links.

3.5 The licensee reserves the right to use programs in the database of Xchar which allow inferences about communication behaviour of the users. These programs only serve to heighten the security of the communication in the Xchar network.

4. Remuneration

4.1 Membership and the creation of an account at Xchar is free. Until further notice all other services and features of Xchar are also free.

4.2 The licensee reserves the right to impose fees for the use of certain services and features in the future. Furthermore the licensee reserves the right to incorporate adequate advertisements into his site in the future.

5. Data protection and utilization of the data

5.1 The sensible and responsible handling of the personal data of the users is of utmost importance to Xchar

5.2 All laws and ordinances concerning data protection are minutely adhered to by Xchar. The most important among them: The teleservice data protection law (Teledienstedatenschutzgesetz (TDDSG)), the federal data protection law (Bundesdatenschutzgesetz), the data protection laws relating to the telecommunication law (Telekommunikationsgesetz (§§ 85 ff. TKG)) and the allegations of the legislator at EU-level.

5.3 Xchar does not pass on personal data to a third party unless the user has given his explicit consent or the procedure is demanded by law. If the user has given his consent he may cancel it for the future at any time by stating it in an email (fax, letter).

5.4 The Privacy Policy on http://www.xchar.de under „Privacy Policy" provides detailed information about why data is collected, which minimum information the users are required to give and how the protection and security of all personal data are ensured at Xchar according to current law.

6. Liability of Xchar

6.1 Xchar cannot be held responsible for any content in user publications; this holds especially true for all cases in which the published information violates the intellectual property (trademark rights, copy rights etc.) or the personal rights of a third party. This disclaimer is also to be considered viable for the content of webpages which have been linked by users of Xchar without the knowledge of the licensee. As soon as any law violations on these linked sites are acknwoledged by Xchar, the links in question will be removed immediately.

6.2 The licensee cannot be held responsible for the content and the correctness of the user's registration - or profile data or any other content generated by the user. The user cannot be held responsible for any possible misuse of such information.

6.3 The licensee cannot be held responsible for economic, corporeal or immaterial damage caused by the utilization of this networking- and communication platform, as long as the damage is not demonstrably based on intention or neglect of the licensee or his employees.

6.4 The licensee constantly makes efforts to ensure that Xchar is working properly. The licensee does not, however, guarantee the continuous availability and accessability of Xchar and cannot be held responsible for any breakdowns or delays caused by technics. Because of maintenance or technical disturbances, for example, the Xchar service may be temporarily unavailable.

6.5 Xchar cannot be held responsible for the unauthorized acquisition of personal user data by a third party (e.g. via the unauthorized database access by „hackers"). The licensee cannot be held responsible for anything a third party does with the information which have been provided by the user himself.

6.6 Xchar reserves the right - but does not enter into any commitments - to check the content of any posted text, picture or graphic for unlawful content and remove it if necessary.

6.7 Xchar reserves the right to discontinue the service partially or completely without giving reasons and to the exclusion of any indemnifications with immediate effect and to delete all user data.

6.8 Any linked pages have been checked for law infringements at the time of their creation. Any law infringements on the linked pages have not been apparent at this point in time. However, Xchar has no direct influence on the content of the linked pages. Also, a continuous control of such content is not possible and, without any concrete clues, not reasonable. As soon as any law violations on these linked sites are acknowledged by Xchar, the links in question will be removed immediately.

7. User accountability

7.1 The user is solely responsible for the content of his registration and thus for the information he is providing about himself. He confirms that no laws or rights of a third party are compromised by his behaviour or his uploaded content (texts, pictures etc.) He in particular confirms that he will always preserve the intellectual property and personal rights of a third party.

7.2 The disclosure and the exchange of passwords, codes and serial numbers of any kind is not permitted on the platform.

7.3 Also, it is not permitted to create profiles at Xchar or other websites that are intended to readout, to save, to edit, to alter or to forward abusive information.

7.4 The user confirms that the personal data, provided at Xchar, (including photos of himself) is true and describes the user personally. Also, the user confirms that he is interested in Xchar only privately and not commercially and that he will not use the data, entrusted to him by a third party, for commercial aims or to campaign for a political party or candidate. Finally, the user confirms that he will never post any content on Xchar that would violate the law in any way.

7.5 The user must use the Xchar service only according to the terms of the contract to exchange information and to establish mutual private contacts. Any kind of spamming and sending mass mailings to another user is forbidden.

7.6 To preserve the law, especially to preserve the privacy of correspondance (Brief- und Telekommunikationsgeheimnis), the user must deal with emails and other messages confidentially and is only allowed to make them accessible to a third party if he has the explicit approval of the sender. This also applies to names, photos, telephone- and fax numbers, address information, email addresses and URLs. Any violation of this confidentiality, especially any abuse of such data via manual readout, saving, editing, altering, deleting etc. will be prosecuted.

7.7 Additionally the user must not intercept emails or other messages intended for other users. He must not even try to do so. The user must only send emails or comparable messages to other members for purposes of private communication and not to advertise or offer goods or services to other members. Most importantly, the user must not send or organize chain letters, pyramid schemes, raffles, lotteries, or any kind of multilevel selling.

7.8 Under no circumstances is the user allowed to violate current law while using Xchar's services or to use it in a way that would have a negative impact on the availability of the services for other users. Irrespective of possible prosecution of the user, content is especially inadmissable if:

They represent propagandistic means in the sense of § 86 StGB, whose content is directed against the democratic basic order or the thought of international understanding, make use of indicators of unconstitutional organisations in the sense of § 86a StGB whose content is directed against the democratic basic order or the thought of international understanding, goad on hate against parts of the population or against a national, racist, religious or folklore-designated group, ask for violent or arbitrary measures against them or affront human dignity by insulting or defaming parts of the population or one of the aforementioned groups, describe a deed according to § 6 Abs. 1 und § 7 Abs. 1 of the people's criminal code (Völkerstrafgesetzbuch) that has been carried out under command of National Socialism in a way that is appropriate to disturb public freedom, deny or trivialize, delineate cruel and inhuman atrocities against humans in a way that expresses a glorification or a belittlement of such violence or which delineates the cruel and inhuman part of those proceedings in a way that offends human dignity; this also applies to virtual demonstrations which serve as instructions of an unlawful deed as found in § 126 Abs. 1 StGB, glorify war, violate human dignity, especially via the depiction of humans who die or suffer/ have suffered from severe corporeal or mental agony; depict children or young adults in an unnaturally sexual way; this also applies to virtual depictions which are sexist or pornographic or which contain violence, the sexual abuse of children or young adults or sexual intercourse with animals; this also applies to virtual depictions.

7.9 Additionally, the spread of defaming, offensive or unlawful material of any kind, the harassment or threatening and the violation of the personal rights of other users or a third party is considered abusive.

7.10 Finally the user must not link from Xchar to webpages that contain unlawful content.

8. Legal consequences after violation of Xchar's Terms of Use

8.1 In all cases of a violation of one or multiple ordinances of Xchar's Terms of Use from one or multiple users, especially the violation of one or multiple ordinances of point 2.1 to 2.3 and/or point 7, Xchar reserves the right to exclude the user from the service without giving reasons and to the exclusion of any indemnifications with immediate effect and to delete all user data.

8.2 Additionally the user obligates himself to keep the licensee free of any kind of claims, damages, losses or demands which could be caused by the user's abuse of this service and the violation of the Xchar Terms of Use. The user especially obligates himself to indemnify the licensee from any kind of accountability, from all obligations, expenditures and claims which arise from damage caused by insult, defamation, violation of personal rights, the cancellation of services for other users, the violation of immaterial goods (trademark and copy rights (Marken, Urheberrechte, etc.)) or other rights. This obligation also applies to the inevitable costs of the necessary legal advice (lawyer's fees) needed to fend off such claims.

9. Electronic attacks

9.1 Electronic attacks of any kind against the platform / database / network of Xchar or against single users are strictly forbidden. Every electronic attack will immediately result in the exclusion of the user and will be prosecuted and subject to private law.

9.2 The following actions are considered electronic attacks (the enumeration is to be considered incomplete): Hacking-attempts, that is, attempts to circumvent security barriers of Xchar or somehow to disable them; the application of computer programs like crawlers to automatically outread data; the intentional application and spread of viruses, worms, trojans; the use of links, programs or other methods which can or are intended to damage the platform / the database / the network of Xchar or single users; brute force attacks; mass spamming.

9.3 Contract penalty arrangement (Vertragsstrafenregelung): The user obligates himself for every case of culpable contravention of the prohibition of electronic attacks (points 9.1 and 9.2) to pay the licensee immediately upon request a contract penalty which, in case of a clash, has been determined by the licensee in equitable discretion and verified by the responsible country court.

9.4 Additionally the user obligates himself, in the case of contravention of the prohibition of electronic attacks (Ziffern 9.1 und 9.2) to deliver, immediately upon request of the licensee, a contract penalty-proven (vertragsstrafenbewehrt) cease-and-desist declaration (Unterlassungsverpflichtungserklärung) containing (depending on case) the following obligations:

- to stop, with immediate effect, the electronic attack and not to start a similar one
- to stop, with immediate effect, the passing on of any assembled data to a third party
- to immediately and comprehensively inform the licensee in written form about the third party (name, addresses, complete contact data) who has received the assembled data, when and in which form this happened.
- to entirely and irrevocably delete all data that has been assembled via the electronic attack from all existing data storage mediums, as well as to erase any possible analogous data (e.g. documents, records, prints).
- to send to the licensee a statutory declaration, legally binding signed, as affirmation of the carried out deletion
- to act with absolute discretion with regard to possible assembled data, the cease-and-desist declaration and the statutory declaration, as well as all other Xchar affairs that have been learned by the attacker - especially in internet forums, in blogs or when dealing with the press - unless the disclosure of information is, due to obligations of public law or the ensuring of legal claims, absolute necessary.

10. Involvement of a third party

The licensee has the right to authorize a third party to supply parts of or the entire business activities. The Privacy Policy remains unaffected by that.

11. Severability clause

If a provision of this agreement is or becomes illegal, invalid or unenforceable in any jurisdiction, that shall not affect:

1. the validity or enforceability in that jurisdiction of any other provision of this Agreement; or
2. the validity or enforceability in other jurisdictions of that or any other provision of this Agreement.

12. Applicable law and place of jurisdiction

To the extent to which it is judicially applicable, the place of jurisdiction is Cologne. The law of Germany thoroughly applies, to the exclusion of the UN-Sales Law (UN-Kaufrecht).