Terms of use community

A. Terms of Use for the Use of ZIVA Fitness Nation

1 Scope, definitions

1.1 These Terms of Use of ZIVA Fitness Europe GmbH, Bergstraße 18, 59394 Nordkirchen (hereinafter referred to as "Operator") apply to the use of the online portal provided by the operator at the Internet address www.ziva-fitness-nation.de (hereinafter "ZIVA Fitness Nation ") and the software contained therein. The services provided by the operator are specified in section 4.

1.2 Users in terms of these terms of use is the generic term for registered users and guests. Users within the meaning of these Terms of Use are only consumers.

1.2.1 Registered Users have the ability to access reading ZIVA Fitness Nation and to use certain technical features.

1.2.2 Guests are users who only have read access to the parts of ZIVA Fitness Nation that do not require registration.

1.2.3 A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed.

2 Right to use

2.1 Permitted are natural persons acting as consumers. Individuals with unlimited legal capacity (especially minors) may only use ZIVA Fitness Nation with the consent of their legal representative. The operator reserves the right to make the use of ZIVA Fitness Nation dependent on the submission of a written consent of the legal representative. By submitting his declaration of consent to these terms of use, the user confirms that he fulfills the aforementioned conditions when concluding the user contract.

2.2 Each user may register only once. His entitlement to use ZIVA Fitness Nation is personal to him and is not transferable.

3 Registration, conclusion of contract

3.1 With the successful registration or as part of the reading access as a guest comes a user agreement between the operator and the user on the use of ZIVA Fitness Nation subject to these Terms of Use.

3.2 After entering his data into the online form provided for this purpose, the user can log in by clicking on the button that completes the registration process. Submitting the registration data represents the offer of the user to conclude the user contract, which the operator can accept, but does not have to accept. The operator can accept the offer of the user within five days after receipt of the request by an electronic (e-mail) transmitted order confirmation or by activation of the user account. If the operator does not accept the contractual offer of the user within the aforementioned period, this shall be deemed a rejection of the offer.

3.3 The contract text is stored by the operator, but can no longer be accessed by the user after submitting his contract explanation via the website of the operator.

3.4 Before submitting his contract declaration, the user can correct his inputs continuously using the usual keyboard and mouse functions.

3.5 Only the German language is available for the conclusion of the contract.

3.6 The e-mail address serves to identify and personalize the user. The user must ensure that the e-mail address specified by him during the online registration is correct, so that the e-mails sent by the operator can be received at this address. In particular, when using SPAM filters, the user must ensure that all e-mails sent by the operator or third parties commissioned with the processing can be delivered.

3.7 The data requested during the registration must be completely and correctly stated by the user. The user is obliged to keep this data (including e-mail addresses) always up to date. The transmitted data are not checked by the operator for their correctness and completeness.

4 Performance of the operator

4.1 With ZIVA Fitness Nation, the operator provides an online portal via which users can set and / or call up user profiles using the software provided by the operator, as well as contact other users of the portal.

4.2In order to use ZIVA Fitness Nation, the operator gives the user access to his website and provides him with suitable software that remains on the server of the operator. The functionality and technical specifications of the software are described in more detail in the service description on the website of the operator. From the operator creation and maintenance of the data connection between the IT system of the user and the server of the operator is not owed.

4.4 ZIVA Fitness Nation is offered subject to availability. An availability of 100 percent is not technically feasible and can therefore not be guaranteed to the user by the operator. However, the operator strives to keep the service as constant as possible. In particular, maintenance, security or capacity issues as well as events outside the control of the operator (disruptions to public communication networks, power failures, etc.) may result in disruption or temporary cessation of service. As far as possible, the operator will carry out the maintenance work in periods of low use.

4.5 The software will be updated by the operator at irregular intervals. Accordingly, the user receives only one right to use the software in its current version. The user has no claim to the achievement of a particular state of the software.

5 Changes in performance

5.1 The operator reserves the right to change the services offered or to offer different services, unless this is not reasonable for the user.

5.2 The operator reserves Furthermore, it proposes to change the services offered or to offer different services,

  • insofar as it is obliged to do so due to a change in the legal situation;
  • insofar as he thereby complies with a court order against himself or a decision of the authorities;
  • as far as the respective change is necessary to close existing security gaps;
  • if the change is only beneficial to the user; or
  • if the change is of a purely technical or procedural nature without significant impact on the user.

5.3 Changes with only insignificant impact on the functions of ZIVA Fitness Nation do not constitute performance changes within the meaning of this section. This applies in particular to changes of a purely graphical nature and mere change the ordering of functions.

6 Duties of the user, responsibility for content

6.1 Each user is solely responsible for the content of the information he posts on ZIVA Fitness Nation, in particular for its truthfulness and legal certainty. The user assures that the data given by him correspond to the truth. The user ensures that the content he has posted does not violate these terms of use or applicable law. In particular, the publication is prohibited

  • copyrighted content, if not authorized to use it (for example, photos the photographer and / or a person depicted have not consented to the publication on the Internet);
  • False factual statements;
  • Contributions aimed at personally attacking or defaming other users;
  • Racist, xenophobic, discriminatory or offensive content;
  • Youth-endangering content;
  • Violence of glorifying content;
  • Links to pages that do not comply with the law or these Terms of Use.

6.2 The content posted on ZIVA Fitness Nation is exclusively attributable to the respective user and do not reflect the views of the operator. The operator does not guarantee the correctness of the contents. Each user is responsible for reviewing the veracity of content.

6.3 Users are generally liable for all activities that are made using their access, as far as they are responsible for .

6.4 The user is under no obligation to use ZIVA Fitness Nation in one Use of a way that adversely affects the availability of the portal (eg uploading large files, spam). ZIVA Fitness Nation reserves the right to limit the amount of data for uploads to ensure the availability of the portal. ZIVA Fitness Nation may indicate a restriction on data uploads in the context of the Terms of Reference.

6.5 The user declares and accepts responsibility for having the right to use the content used in his entries. In particular, he shall ensure that his entries do not violate the rights of third parties, in particular copyright, trademark and personal rights as well as rights of a competition law nature.

6.6 The user is responsible for the confidentiality of the access data. He has to ensure that they are not accessible to third parties. The user must inform the operator immediately if there are indications that his access is being used by third parties or has become.

7 Rights of the operator

7.1 If the user violates legal regulations or these terms of use or if the operator has specific indications, the operator is entitled without notice and further examination

  • delete related entries of the user,
  • Modify entries under the editing right in paragraph 9,
  • to pronounce a warning,
  • to temporarily or permanently block the user's access or
  • to take other necessary and appropriate measures.

The operator's action depends on the individual case and is at the discretion of the operator.

7.2 If a user is banned, he may no longer use ZIVA Fitness Nation and not re-register.

7.3 The operator expressly reserves the right to take legal action against a user's breach of legal provisions or these Terms of Use.

8 Grant of rights of use by the operator

8.1 The operator grants the user a simple, revocable right limited to the duration of the contract of use, the online portal provided by the operator and the software contained therein under this terms of use

8.2 Without the written consent of the operator, the user is not permitted to make the contents made available to third parties. The user shall ensure that he does not prevent third parties from circumventing access to ZIVA Fitness Nation.

8.3 If the user seriously violates the agreed rights of use, the operator may extraordinarily terminate the granting of the usage rights and block access to ZIVA Fitness Nation. This implies an unsuccessful warning with reasonable deadline set by the operator.

8.4 The other legal and contractual provisions remain unaffected.

9 Grant of rights of use by the user

The Operator has the right to use or make available to third parties user-provided content and information for the ZIVA Fitness Nation website and the ZIVA Fitness Nation app. The user does not grant the operator free of charge exclusively and for the duration of the usage contract limits the rights of use required for this, in particular the right for permanent storage and storage and for public access, the right of reproduction and publication as well as the processing and distribution rights and assures this right to use rights to be entitled.

10 Remuneration

The use of ZIVA Fitness Nation is free for customers.

11 Indemnity

The user indemnifies the operator against all claims asserted by other users or other third parties against the operator for infringement of their rights due to content posted by the user or for any other use of ZIVA Fitness Nation. The user assumes the costs of the necessary legal defense including all court and legal fees in a reasonable amount. This does not apply if the infringement is not attributable to the user. The user is obliged to immediately, truthfully and completely provide the operator, in the event of a claim by a third party, with all the information necessary for the examination of the claims and a defense.

12 Liability of the operator

The operator is liable to the user for all contractual, contractual similar and legal, even tort claims for damages and reimbursement of expenses as follows:

12.1 The operator is fully liable for any legal reason

  • in case of intent or gross negligence,
  • in case of intentional or negligent injury to life, body or health,
  • on the basis of a guarantee, unless otherwise stipulated,
  • due to mandatory liability such as under the Product Liability Act.

12.2 If the operator negligently violates an essential contractual obligation, the liability shall be limited to the contractually typical, foreseeable damage, if not in accordance with the above paragraph is limited liability. Significant contractual obligations are obligations that the contract imposes on the operator according to its content for the purpose of achieving the purpose of the contract, the fulfillment of which enables the proper execution of the contract in the first place and on whose compliance the user may regularly rely.

12.3 In all other cases, the liability of the operator is excluded.

12.4 The above liability regulations also apply with regard to the liability of the operator for its vicarious agents and legal representatives.

13 Duration, termination

13.1 The User Agreement is concluded for an indefinite period and may be terminated by the User at any time without notice and by the Operator with a notice period of two weeks.

13.2 The right to extraordinary termination for cause remains unaffected.

There is an important reason if, in consideration of all circumstances of the individual case and weighing the interests of both parties, the terminating part can not reasonably be expected to continue the contract until the agreed termination or expiry of a period of notice.

One important reason is in particular:

  • a material breach of any material provision of these Terms of Use which is not remedied or repeated even after the deadline and which makes the continuation of the contract impossible or unreasonable;
  • the re-registration during an ongoing suspension according to section 7.1.

13.3 Cancellations must be made in writing or in writing (eg by e-mail) .

14 Modification of the Terms of Use

14.1 The Operator reserves the right to change these Terms of Use at any time without stating reasons because, this is not reasonable for the user. The operator will inform the user about changes to the terms of use in good time in writing. If the user does not object to the validity of the new terms of use within a period of four weeks after the notification, the changed terms of use shall be deemed to have been accepted by the user. The operator will inform the user in the notification of his right of objection and the meaning of the opposition period. If the user objects to the changes within the aforementioned period, the contractual relationship with the original conditions shall continue.

14.2 The operator also reserves the right to change these terms of service

  • insofar as he is obliged to do so due to a change in the legal situation;
  • to the extent that it complies with a court order or administrative decision against it;
  • insofar as it introduces additional, completely new services, services or service elements that require a specification in the Terms of Use, unless the previous usage relationship is thereby adversely affected;
  • if the change is only beneficial to the user; or
  • if the change is purely technical or procedural, unless it has a material impact on the user. The operator reserves the right to

14.3 The termination right of the User according to Section 13 remains unaffected.

15 Applicable Law

For all legal relationships between the parties, the law of the Federal Republic of Germany shall apply. For consumers, this choice of law applies only to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.

B. Conditions of Participation for ZIVA Fitness Nation Actions

1 Scope

1.1 These Conditions of Participation of ZIVA Fitness Europe GmbH, Bergstraße 18, 59394 Nordkirchen (hereinafter "Organizer") apply to the participation of consumers (hereinafter "Participants") in ZIVA Fitness Nation Actions such as z. This includes, for example, photo missions or video uploads (hereinafter "Action") organized via the organizer's online portal at www.ziva-fitness-nation.de (hereafter "ZIVA Fitness Nation") .

1.2 Actions in the sense of these terms of participation not affiliated with Facebook and not sponsored or sponsored by Facebook.

1.3 By participating in an event for the first time, the participant accepts the following conditions of participation as well as the terms of use for the use of ZIVA Fitness Nation in the current version.

Note: Apple Inc . / Google Inc. is not affiliated with, or is acting as a sponsor of, these contests.

2 Eligibility

Participation is open to natural persons acting as consumers and who are at least 18 years of age at the time of participation. Employees of the organizer as well as their relatives are excluded from participation.

3 Course of action

The content of ZIVA Fitness Nation users is assessed for the duration of an action. The selected content of the participants will be published on the ZIVA Fitness Nation website and app as well as the organizer's Facebook fan page. Participation is exclusively via the upload function on the website of the organizer at www.ziva-fitness-nation.de or directly via the ZIVA Fitness Nation-App. The winner is the participant whose content has the most positive ratings at the end of each action period. The duration of the promotion results from the respective action description on the website of the organizer at www.ziva-fitness-nation.de.

4 Granting of rights of use

4.1 The participant agrees that his selected content can be viewed on the ZIVA Fitness Nation Facebook page of the ZIVA Fitness Nation username. The participant is not entitled to a specific time of publication. The participant grants to the organizer free of charge all necessary rights of use for the provided content and assures that he is entitled to a corresponding granting of the right to use the rights.

4.2 The participant declares himself in the light of his general right to privacy as well his right in his own image also agrees to a free publication of the content sent in for participation, giving the name for the purpose of reporting on the organization and implementation of the action by the organizer in the following media:

  • Website www.ziva-fitness-nation.de
  • Website www.facebook.com/ZIVA.Fitness.Nation
  • Website www.instagram.com/ZIVA.Fitness.Nation
  • Website www.twitter.com/ZIVA_Fitness
  • Website www.youtube.com/c/liftandsquatde
  • Print medium „Fitnesszeitungen“.

5 Cancellation of the action

The organizer reserves the right to cancel the action at any time in whole or in part. This applies in particular if the action can not be carried out properly for reasons for which the organizer is not responsible, such as in case of force majeure, errors in the software and / or hardware and / or for other technical and / or legal reasons, which influence the administration, the security, the integrity and / or the regular and proper execution of the action.

6 Data protection

The organizer will only collect, process and use personal data of the participant for the purpose of carrying out the action. Incidentally, the privacy policy of the organizer apply.

7 Legal Remedy

The legal remedy is excluded.