General terms and conditions

  1. Subject matter, scope and terms
    1. These General Terms and Conditions (“GTC”) govern the business relationship between Riiide Networks UG (haftungsbeschränkt), Kreuzberger Str. 23,32457 Porta Westfalica, Germany, registered in the Commercial Register Bad Oeynhausen, HRB 15070, Managing Director: Joscha Prasse, e-mail address: hello@riiide.com (hereinafter referred to as “Riiide”) and persons using the application of Riiide (hereinafter referred to as “Members”) as defined below.
    2. The term “application” used below covers the mobile and web applications offered by Riiide as well as websites and their associated functions and content, irrespective of the domains, systems, platforms and devices used.
    3. The term “Content” used below refers to all content and information posted by members within the application or otherwise transmitted to Riiide, such as images, videos, texts, links, information on persons, places or vehicles.
    4. The term “function” covers individual service and application areas of the application in addition to the contents belonging to the application areas (e. g. upload of images, comments, etc.).
    5. Consumers within the meaning of these General Terms and Conditions are any natural person who concludes a legal transaction for a purpose that cannot be attributed primarily to their commercial or independent professional activity. Entrepreneur is a natural or legal person or a partnership with legal capacity which, when concluding a legal transaction, acts in the exercise of its commercial or self-employed professional activity.
    6. Members “in the sense of these GTC are all persons who use the application provided by Riiide.
    7. The terms used, such as “members” are gender-neutral.
    8. By using the application, its members agree to these terms and conditions. Deviating conditions of the member are not recognized unless Riiide expressly agrees to their validity, where a missing contradiction does not constitute approval.
  2. Restriction to natural persons and persons of legal age
    1. The application may only be used by natural persons. Members must be at least 16 years of age or have the permission of their parents or guardians, which is confirmed by their registration.
    2. Riiide reserves the right to request members to provide appropriate confirmation of these requirements.
  3. Scope of services
    1. With the application, Riiide offers its members a vehicle-oriented social network. The application serves to network members with common interests and to offer members the possibility of communicating, exchanging information and presenting their own vehicle.
    2. With the application, Riiide provides the member with the technical platform for the communication exchange and offers the member the possibility to create profiles for natural persons, companies or vehicles free of charge to use the communication functions.
    3. The use of the application is free of charge. If Riiide should offer chargeable functions, the members are pointed out to these and must agree their purchase expressly.
    4. If the purchase of the paid functions as so-called “in-app-purchase” within the respective App-Stores (in particular Google’s Play-Store and Apple’s App-Store), the purchase process takes place directly between the respective member and the respective App-Store. The terms of payment, cancellation rights and other provisions of the respective App Store apply.
  4. Changing the scope of Riiide’s services
    1. The further development of the application is an essential part of Riiide’s service offering. The further development includes, among other things, the adaptation to technical and legal progress and consideration of the member’s requirements for the use of the application.
    2. Riiide may change the application and its functions within the framework of further development without this being a defect, provided that this is reasonable for the member and the achievement of the contractual purpose is not endangered thereby. In the case of members who are consumers, this applies in the case of paid services,
      1. if the change is for the benefit of the member;
      2. if the amendment serves to ensure compliance of the services with the applicable law, in particular if the current legal situation changes;
      3. if the amendment serves Riiide to comply with mandatory judicial or administrative decisions;
      4. as far as the respective modification is necessary to close existing security gaps;
      5. if the amendment is purely technical or procedural in nature and has no significant impact on the member;
      6. Changes that have only an insignificant influence on previous functions do not constitute a change in performance in this sense. This applies in particular to changes of a purely optical nature and the mere modification of the arrangement of functions.
    3. Riiide points out that the permanent availability of free functions is not guaranteed, although restrictions may only be imposed if they are reasonable for the member.
  5. Registration
    1. Each member may register to create a member profile
    2. There is no legal entitlement to registration for the use of the functions and contents subject to registration. Therefore, Riiide reserves the right to refuse an application for registration by notifying the member without giving reasons, while respecting the legal requirements for equal treatment of members.
    3. By successfully completing the registration process, the member submits an offer to conclude a contract for the use of the functions subject to registration. Riiide accepts this offer by activating the member for the application.
    4. If the registration process is not completed, Riiide shall be entitled to irreversibly delete the incomplete registered account, including all information provided by the member up to then.
    5. Upon registration, the Member shall provide Riiide with a current e-mail address, which may be used by Riiide to contact the Member. The member shall ensure that the e-mail address is up to date and shall protect the access data communicated to him/her to the application from unauthorised access by third parties.
  6. Third-party offers
    1. Insofar as offers or other services of third parties or cooperation partners are offered or advertised within the application, Riiide does not become a contractual partner of the members with regard to this offer.
    2. In such cases, the contracts shall be concluded solely between the members and the respective third party providers without Riiide acting as a representative, vicarious agent or service provider of the third party providers. Riiide does not warrant the services and products of third parties and is not liable for any disadvantages arising from the contracts between members and third parties.
    3. In these cases, only the contractual conditions of this third party provider apply.
  7. Guidelines for contents and duties of the members
    1. Riiide is not responsible for the content of the members and does not adopt these contents as its own.
    2. Riiide reserves the right not to publish content within the scope of the legally permitted possibilities and taking into account the reasonableness of the member, in particular taking into account the member’s data protection and personal rights, or to cancel the content or to block or delete the content in any other way, if there is concrete objective evidence that the content violates legal requirements, official prohibitions, rights of third parties or morality. However, Riiide is not obliged to check the contents in advance.
    3. The member undertakes not to publish or pass on any content that is illegal, in particular racist, pornographic, offensive or defamatory, or that infringes the rights of third parties, in particular copyrights or copyrights. Accordingly, the Member is fully responsible for all content published and distributed on the Riiide platform.In particular, the following contents and actions are inadmissible:
      1. Disguise yourself as another person (deception of identity);
      2. Stalking, threats, insults and assertion of false facts;
      3. Racist, violence glorifying, inciting, pornographic, degrading and immoral content;
      4. Contents that violate youth protection regulations;
      5. Contents that may affect the health of persons;
      6. Content that infringes third-party copyrights, trademarks, competition and data protection laws;
      7. Chain letters, mass messages with or without advertising content (spamming);
      8. Links to websites with above content;
      9. Commercial advertising;
      10. Content that serves the purpose of collecting and/or using personal data from other members for business purposes;
      11. Promotional references to competing offers from Riiide.
    4. If pictures or videos are uploaded by the members on which one or more persons can be identified, their use is only permitted if the consent of the third party (s) is given or permitted by law.
    5. Members must respect the privacy of other members and may not carry or publish confidential information and content externally.
    6. Should a member be informed or become aware in any other way that his or her content violates applicable laws, he or she must immediately remove this content from Riiide’s platform.
    7. If members are able to contact other members within the application, they may not be harassed (e. g. by advertising, sexually connoted inquiries or repeated requests to not be contacted in the event of a lack of response or expressed desire to be contacted).
  8. Authorization and extent of use
    1. Riiide points out that members may use the application only for the individual contractual purposes.
    2. In addition, members are not entitled to rent, lend, lease, sell, modify or make the application available to third parties in any technical form, either wholly or in part, or to allow third parties to carry out the aforementioned actions without Riiide’s express written consent, whether or not free of charge. The above prohibitions are subject to mandatory legal requirements. Sublicenses may not be granted.
    3. Members may use the application only via the provided input masks and interfaces. Actions that are suitable and impair the functionality of the application, software and infrastructure (e. g. scripts, robots, crawlers) are prohibited. In particular, an excessive load exceeding the normal intensity and frequency of use that can be expected when the application is used normally is prohibited.
  9. Indemnity
    1. Members indemnify Riiide from all claims asserted by third parties against Riiide for violation of their rights.
    2. In this respect, members shall also bear the costs of any necessary legal defence, including lawyer’s and court costs, to the extent prescribed by law. Members shall not be released from liability if they are not responsible for the infringement.
  10. Granting of usage rights by members
    1. The subsequent granting of rights is non-exclusive, i. e. the members retain their rights to their content.
    2. The members allow Riiide to use their legally protected content free of charge, provided that this is necessary for the provision of the contractual services of Riiide in accordance with the contract. This permission includes, in particular, the right to reproduce the contents of the members and make them publicly accessible in order to store them on the servers of Riiide, to create server backups or to make them accessible to other members within the framework of sharing functions. Furthermore, Riiide may also reproduce and publish the recordings published by users within other platforms or online offers (e. g. to present a “Ride of the Week” within the Facebook and/or Instagram page of Riiide).
    3. The foregoing authorization of use is free of charge, unlimited in terms of time and location, non-exclusive and extends to all currently known types of use and includes, as far as technically applicable, the duplication, distribution, digitalisation, display, presentation, broadcasting, making available to the public, public reproduction by image/sound/data carriers, storage in databases as well as analogue and digital use.
    4. Riiide may commission third parties to exercise the above-mentioned rights of use to the extent permitted by law (e. g. when commissioning a subcontractor).
    5. The contents of the member may be edited or redesigned (e. g. for the presentation of preview pictures or text excerpts) while respecting the right of personality.
    6. In addition, Riiide shall only exercise the rights of use in compliance with the contractual and statutory confidentiality and data protection provisions as well as the members’ rights of objection.
  11. Liability of Riiide
    1. Riiide’s liability for damages shall be subject to the following exclusions and limitations of liability, without prejudice to the other statutory conditions of entitlement.
    2. Riiide shall be liable without limitation if the cause of damage is based on intent or gross negligence.
    3. Furthermore, Riiide is liable for the slightly negligent violation of essential obligations, the violation of which jeopardizes the fulfilment of the purpose of the contract, or for the violation of obligations, the fulfilment of which makes the proper execution of the contract possible in the first place and on whose compliance members regularly rely. In this case, however, Riiide shall only be liable for the foreseeable, contract-typical damage directly caused by the breach of duty. In particular, liability for loss of data is limited to the typical recovery effort that would have been incurred if backup copies had been made on a regular and risk-adequate basis. Riiide shall not be liable for the slightly negligent breach of obligations other than those stated in the above sentences.
    4. The aforementioned limitations of liability shall not apply in the event of injury to life, limb and health, for a defect following the assumption of a guarantee for the quality of the product and for maliciously concealed defects. Liability under the Product Liability Act remains unaffected.
    5. Insofar as Riiide’s liability is excluded or limited, this shall also apply to the personal liability of Riiide’s employees, representatives and vicarious agents.
    6. Insofar as nothing else arises from the above provisions of this section, any liability of Riiide – regardless of the legal reason – is excluded.
  12. Warranty
    1. Riiide strives to keep the application available at all times. However, the member acknowledges that a 100% availability of the application is technically not feasible. In particular, maintenance, security or capacity requirements as well as events which are not within the power range of Riiide (such as disturbances of public communication networks, power failures etc.) can lead to short-term disturbances or to the temporary non-accessibility of the application.
    2. For members who are entrepreneurs, the commercial examination and complaint obligations apply. Claims based on defects become statute-barred, in the case of members who are entrepreneurs, within twelve months, unless the defect was fraudulently concealed.
    3. Otherwise, the statutory warranty applies.
  13. Sanctions
    1. As the integrity and functionality of the application is essential, sanctions will be imposed on members if and to the extent that there is concrete evidence that members violate legal regulations, third party rights, morality and/or these Terms and Conditions.
    2. In choosing the sanction to be imposed, Riiide will take into account the factual circumstances and legitimate interests of the member concerned in the decision and will also take into account, among other things, whether the offence was committed through no fault of his own or whether the offence was culpably committed.
    3. The following sanctions are available to Riiide:
      1. Deletion of contents.
      2. Warning of a member.
      3. Restriction when using the application.
      4. Temporary blocking of a member.
      5. final blocking / termination of a member, if necessary combined with a house ban.
    4. The provisions regarding Riiide’s right of termination set out in the following paragraph shall remain unaffected.
  14. Termination of the contract of use, termination
    1. The registered member is entitled at any time to terminate the contract concluded with Riiide regarding the use of the Riiide application.
    2. Riiide, on the other hand, shall only be entitled to terminate the contract of use concluded with the member concerned within a period of two weeks. This does not affect Riiide’s right to terminate the contract of use concluded with the member concerned with immediate effect in the event of an important reason. An important reason for Riiide’s extraordinary termination is, for example, given if Riiide has been informed that the affected member has acted or is behaving illegally when using the application, in particular if it has posted content infringing the intellectual property rights of third parties in the Riiide system and/or has registered with several profiles.
    3. Notice of termination must be given at least in text form. Deletion of the application from the member’s device does not constitute a notice of termination.
    4. It is incumbent upon the members to secure their data before the end of the contract. Riiide shall be entitled to irretrievably delete all the member’s data stored during the term of the contract.
    5. Shared content or comments are excluded from the deletion of data. They are exempted out of consideration for other members, so that conversations, advice or the like do not lose their meaning or reverse. In this case, however, these contents will be made anonymous by the removal of the member’s name. The member is entitled to demand the deletion of the remaining personal data.
  15. Amendment of the GTC
    1. Riiide reserves the right to change these GTC at any time with effect for the future, unless this is unreasonable for the members. In the case of members who are consumers, Riiide is entitled to amend the GTC in the following cases:
      1. if the amendment serves to ensure compliance of the GTC with the applicable law, in particular if the current legal situation changes;
      2. if the amendment serves Riiide to comply with mandatory judicial or regulatory rulings;
      3. if completely new services on the part of Riiide, and/or service elements as well as technical or organizational processes require a description in the GTC;
      4. if the amendment is only beneficial to the members.
    2. In such a case, Riiide will send the amended Terms and Conditions to the e-mail address provided by the member to Riiide at least two weeks before their coming into effect or notify the member within a dialogue within the application.
    3. If the member does not object to the new terms and conditions within a period of two weeks after receiving the e-mail or reading the changed terms and conditions within a dialogue within the application, the changed terms and conditions shall be deemed to have been accepted by the member. Riiide will inform members of the consequences of a failure to object by means of the amendment notification.
    4. If the member objects to the validity of the new General Terms and Conditions within this period, Riiide shall be entitled to terminate the contractual relationship with the member with one week’s notice.
    5. The members can also agree to amended terms and conditions by express declaration of consent.
  16. Final provisions
    1. The contractual relationship with Riiide is not transferable to other persons or companies.
    2. In the case of entrepreneurs, the law of the Federal Republic of Germany shall apply as long as there are no mandatory statutory provisions to the contrary.
    3. The place of performance for members who are entrepreneurs is Porta Westfalica. The place of jurisdiction is Porta Westfalica, if the member is a merchant, a legal entity under public law or a special fund under public law or if the member has no general place of jurisdiction in the Federal Republic of Germany. Riiide reserves the right to choose another admissible place of jurisdiction.
    4. European Commission’s platform for online dispute resolution (OS) for consumers: https://ec.europa.eu/consumers/odr/. Riiide is not prepared and not obliged to participate in a dispute settlement procedure before a consumer dispute resolution body.

November  30, 2018