Terms and Conditions Check-Inn.com

1. STANDING OF THESE TERMS AND CONDITIONS (privacy)

Welcome to Check-Inn.com!
Check-Inn.com provides you the offered services based on the following terms and conditions that are changed or adjusted sometimes. You can take a look at the current terms and conditions at anytime at htp://www.check-inn.com/neu/agb_en.php. It´s possible that additional to the terms & conditions there are further special conditions that will be added during the use of specific Check-inn.com services. This will be pointed out before the use of those services. By using the services of Check-inn.com, you accept the standing of these terms and conditions. If you don´t agree with those terms & conditions, you are not allowed to use the services of Check-inn.com!

2. SERVICE DESCRIPTION

Check-Inn.com currently allows it´s users access to multiple online resources, including numerous communication mediums, online forums, shopping services, personoliced contents and products offered together with other partners of Check-Inn.com (in the following the common "services"). As far as there is no strict other commitment, all new offers which expand or improve the current services, are subject to these terms & conditions. The services are offered in an from Check-inn.com adjudged design and under the reserve of availability. Check-inn.com takes no responsibility for possible delay, deletion, mistransferences or storage breakdowns during the communication between users or in connection with personally designed areas. To use these services, you have to have access to the world wide web and all the needed technical devices, like a computer and a modem or other technical equipment and have to pay all charges incurred. Please be aware that Check-inn.com has created services that require majority (e.g. contract conclusions through hotel reservation) and maturity (e.g. message boards or chat) in a few areas. You have to be at least 18 years old to get access to these areas.

3. DUTY OF REGISTRATION

For use of the services you agree to (a) make truthfully, exact, actual and complete statements about your person (following "registry data") after the allegation of registration form and (b) to update these registry data if needed to keep them, exact, actual and complete. If one of the statements you made should be untruthful, inexact, obsolete or incomplete, or if Check-inn.com has the probable cause that those information are untruthful, inexact, obsolete or incomplete, Check-inn.com is authorized to delete your account temporarily or permanent and also to exlude you from any use of all services temporarily and for the future.

4. PRIVACY

Your registry data, as well as other specific data of your person subject to our privacy. Further information to this site at http://www.check-inn.com/docs/DATENSCHUTZ.html.

5. ACCOUNT, PASSWORD AND SAFETY

After the registration you will receive a password and identification for your account. You must secure that password and account aren´t accessible for third and that you are responsible for all operations made with you password or account. You are indepted to immediately inform Check-inn.com about every abusive use of your password or account, as well as about any other violation of our safety regulations. You also have to make sure, that you leave your account correctly after every use. Check-inn.com excludes liability for casualties or damages that result from nonfulfillment of the commitments given in clause 5.

6. ASSIGNMENT OF USE TO THIRD / UNDERAGED

You accept that the owner of the account is in his entirety liable for all activities made through his account. If you allow another person to use your account, you accept that you are fully liable for (a) the online behavior of this user, (b) the controlling of the access and the use of services through the user and (c) the consequences of every abuse.

Children under the age of 12 are not allowed to use the services without the agreement of their parents. Parents, that want their children to have access to the services have to create a family-account. If you create a family-account and give your children access to it, you confirm that you are at least 18 years old and the legal representative of the children you give access to the account. With giving your children access the account, you allow your child to access to all services, including e-mail, message board, clubs, instant messages and chat.

Please remind that the services shall reach a wide audience. They could contain matters which are inappropriate for minors. According to that, as the legal representative it is in your responsibility to decide, if and what services are appropriate for your child. (according to clause 19)

7. RESPONSIBILITIES AND DUTIES OF MEMBERS

The person adding the content is exclusivly responsible for all information, data, text, software, music, noises, photos, graphics, videos, messages or other material ("content"), which is published common, or transmitted privately. This means that you take the responsibility for every content that you enter ("upload"), publish, send as e-mail or provide through other ways with the help of our services. Check-inn.com has no controlling liability for content which you publish through our services and therefor Check-inn.com takes no warranty for the rightness, convenience and quality of those contents. You are aware of the fact that through the use of the services, you may undergo content which is offensive, displeasing or objectionable in other ways.

In no way Check-Inn.com will take responsibility for content, especially not for any mistakes, falseness or incomplete declarations and also not for loses or damages made by the use of contents that have been published or send by e-mail or have been transmitted through the use of our services.

When using the services, you are not allowed to:

a. publish data, text, pictures, files, links, software or other content, which is unlawful, hurtful, threaten, abusive, bothering, defamatory, vulgar, obscene, hate providing, racist, or objectionable in other ways.
b. do harm to underage in any way,
c. pretend to be someone else, for example as a represantative of Check-Inn.com or in any other way for the services responsible person, or pretend a not existing relation to such a person,
d. fake headlines or manipulate identifying marks in any way to cover up the sources of content which is provided through the services,
e. enter, publish or send content by e-mail in any way that you are not allowed to publish (for example in fact of privacy)
f. enter, publish or send content by e-mail in any way that violate rights of third, especially patent, trademarks (brands), copyrights, business secrets or other property rights,
g. enter, publish or send unwanted advertisement, promotion material, junk mail, spam-mail, chain letters, pyramid scheme or other advertisement, outside of areas that are made for these ( like for example the Check-inn.com B2B-Marketplace for hotelier/ hotel keeper),
h. enter, publish or send material by e-mail or in any way, that contains software-viruses or other information, files or programms that are made to disturb, damage or interrupt the function of computer software, hardware, or telecommunication devices,
i. disturb the technical action of services or interrupt the regular chain of communication in any other way,
j. interfere or interrupt services or the server or network which are connected with these services or infringe against instructions, operation or other rules of network,
k. infringe against national or international statutory provisions or violate stock exchange rules in connection with services, like e.g. NaSDAQ or DAX
l. bother, threat, defame or cause harm to anybody in any way, no matter if natural or legal person,
m. collect or save personal data of other users.

Check-Inn.com takes no responsibility to check or control contents, but reserves rights to decline content which is accessible through our services or publish it at other places inside the services. Therefore there is no legal commitment. This applies especially for content that violates against these policies or is objectionable because of other reasons.

Check-Inn.com is allowed to save content and publish it to third if permitted by law.

We point out that for technical handling and transmission of services including the content entered by you it may be necessary to (a) make transmittals through different networks and/or (b) make changes, to match the requirements of these connected networks or other technical devices

8. SPECIAL ADVICES FOR INTERNATIONAL USE

According to the universality of the internet, you commit to follow every national and international instruction and rule made for the behavior during the use of the internet and the rightfulness and convenience of those contents. You commit especially that you will follow every national and international legal regulation, according to the export of technical data.

9. RIGHTS FOR PUBLISHED CONTENT

For all content that you transfer, you give Check-inn.com the none chargeble, unlimited, irrevocable and none-exclusive right, including the right for the permission of sublicense, to use that content (partly or fully) worldwide, to copy, modify, adjust, publish, translate, edit, spread, list and display it, and/or to hand out this content to other factories, media or technologies, no matter if they are already well-established, or just being developed, in which form however, during the whole time of these rights.

10. INDEMNIFICATION CLAUSE

With this, you declare, that you will indemnify Check-inn.com and the group affiliates, subsidiaries, executive employees authorized signatories, co-owner of brands, or other business partners and employees of claims or requirements and keep them harmless, which are required by third in context with content that you entered, published, transferred within the bounds of the services or your use of services, your connection to the services or because of violation of the policy or right of third through you. This also stands for adequate lawyer payment.

11. NO BUSINESS APLICATIONAL USE OF SERVICES

You are not allowed to copy, duplicate, imitate, sell, resell or use your access to the services for business applications of any kind, unless its specifically authorized by Check-Inn.com.

12. GENERELL RULES FOR USE AND STORAGE

You accept that Check-inn.com has the right to establish rules and restrictions for the utilization and the use of the services, especially considering to (a) the maximum amount of days, that e-mails, publications on message boards or other content which was entered is allowed to stay within the services, (b) the maximum amount of e-mails, which are send or received from an account within the services, (c) the maximum size of an e-mail, which is send or received from an account, (d) the maximum size of hard disc storage unit, that is reserved for you in the servers of Check-Inn.com (e) the maximum amount of logins to the services over a specific period (and the maximum duration of stay) and (f) the kind, form and coverage of the display as well as the ranking of your content.

You accept that Check-Innn.com takes no liability for the deletion of data or that these wont be stored according to messages, any communication or other content, which is entered and transmitted within the bounds of the services. You accept that Check-in.com reserves the right to delete accounts that haven’t been used over a longer period. You accept that content, which you haven’t updated over a longer period, will be marked, rated or deleted completely. Further you accept that Check-Inn.com reserves the right, to change those rules and restrictions at any time in its sole discretion or without notification to the users.

13. CHANGE OF SERVICES

Check-Inn.com reserves the right to change, disconnect or stop every or several services at any time, with or without notice to the user, for a period of time or permanent. You accept that Check-Inn.com will take no responsibility, whether in your favor or in favor of third, for changes, disconnection or stoppage of several or every service.

14. TERMINATION/CONCLUSION

You can delete your account and/or your content at any time cause of any reason. Check-Inn.com will delete the saved data immediately. You also accept that Check-Inn.com can delete your password, your account, your content or peaces of it cause of any reason. This applies especially, if you haven’t updated your content or haven’t used the services for a longer period, or if Check-Inn.com precedes that you have violated the policy or haven’t followed the foundation of the policy. You accept that any interruption of your access or the services can be made without your information based on the agreement you made and that Check-Inn.com can shut down or delete your account immediately and/or can disable your account to those content, data or to the services. Further you accept that Check-Inn.com can’t be charged for conclusion of your access to the services, in favor of third or you. In this case Checck-Inn.com has no responsibility to pay back maybe given deposit or to fulfill made offers which have been made because of the procedure of a continuing business connection.

In case of the deletion of your account, you can only get access to the services with former authorization of Check-Inn.com. You’re not allowed to give a user, whose account has been deleted, access through your account or help him/her to get access to the services through your account. Hotelhelp-Services and any connected services have to be canceled/dismissed 3 month before ending of the contract duration. If there is no contractual notice of dismissal in due time, the contract will automatically be extended for a period of 12 months.

15. DEALINGS WITH THIRD/ ADVERTISEMENT

Your communication or business-connections with commercial providers or other third, which are negotiated to you in the context of the services, especially the payment and the delivery of products or services, as well as each regulation, warranty or confirmation in context with such business, are only made in the business-relation between you and such third. Check-Inn.com isn’t reliable for damage or loss from these businesses or of the presence of those providers in the services.

16. LINKS

Check-Inn.com or third can create links to other websites or sources. Because Check-Inn.com has no chance of controlling these extern sites or sources, Check-Inn.com isn’t reliable for content posted on these sites and sources. Therefore Check-Inn.com can’t be charged for damage or loss made through or in the context with the use of these contents or which has been made through the trust in content, products or services.

17. CHECK-INN.COM TRADEMARK RIGHTS

You accept that services as well as the needed software, which is used in connection with the services, is matter of the trademark rights and contains confidential information which is protected through rights, especially the one which protects the rights for intellectual property. Further you accept that, content in the advertisement of sponsors and information, which you receive through the services or advertisement is protected through copyright, trademarks, patent or other trademark rights. If Check-Inn.com or the relevant advertising partners haven’t given you the written permission, you’re not allowed to change, rent, lease, let, sell or provide works temporary or permanent that are based on the services or software.

18. CAVEAT EMPTOR

a. The use of services happens on your own risk. The services are offered in the creation and in the from Check-Inn.com claimed correct way.

b. Check-Inn.com doesn’t warrant that the services will satisfy your requirements and that they will be available accurate, without interruption, timely and safely at any time. Check-Inn.com takes no warranty for results which can be made through the use of the services, for the trueness and reliability of the information in the context of the services or that the quality of the products, services or information that you received in connection with the services will satisfy your requirements. Check-Inn.com also doesn’t warrant that the hardware used for the services will work accurately or that error in the hard- or software will be corrected.

c. The downloading or other receiving of content in connection with the services, happens at your own risk and you alone are responsible for damage on your computer-system or other technical hardware, for the loss of data or for other damages happened because of the download of content or other transactions connected with the services.

d. References or informations which you receive in context of the services, written or by the word of mouth, establish no warranty of Check-Inn.com, unless otherwise expressly agreed.

19. LIMITATION OF LIABILITY

Check-Inn.com takes no responsibility for the behavior of users or third or for the content or explanations which are transmitted by users in the context of the services. Check-Inn.com also doesn’t take responsibility for damage that emerges from the use or the fact that you were unable to use the services. Especially Check-Inn.com won’t take responsibility for costs of replacement purchase or for costs that are connected with received products or services, received messages or other transactions or the illegal access to the services or a change to your data or in any other way in connection with the services. Check-Inn.com takes no liability for damage that happens to you or third persons, which is result of interruption, temporarily disconnection or ending of services. We expressly point out that the services (for example forums, message boards, chat) can contain youth endangering or in any other way complainable content. Check-Inn.com takes no responsibility for damage caused through access to those contents or other contents (comparable to point 6)

The responsibility of Check-Inn.com, if there is any beside the already named regulations, based on what legal ground ever, is limited to damage, which has been caused by willful or grossly negligent behavior, or is based on violation of a main duty of the contract basics. For damage which is based on a negligent violation or non negligent contract duties or on duty in context of the contract negotiations, the liability is excluded for secondary damage and untypical consequential damage and limited to the average contract typical amount. A possible imperative warranty after the product liability act stays unaffected.

20. ALLIED COMPANY

Before named caveat emptor as well as limitation of liability are also effective for companies, affiliates as well as for their employees workers and representatives.

21. FORECLOSURE

Irrespective of possible shorter statutory period, any requirements from or in connection with the use of the services have to be claimed legally within (1) year of their emergence or they are excluded irrecoverable.

22. SPECIAL ADVICE FOR FINANCIAL SERVICES

If you intend to start or join a service that gives you information about news, messages, warnings or other information about companies, immovable properties, stock quotations, capital investments or securities or if you want to request these informations, please reread the sections 18 to 21 accurately again. In this case they are exceptionally important. The basic principle “attention investors!” applies especially for this kind of information. The services are offered only for entertainment and no content or material in the services is made for trading- or investment purposes. Check-Inn.com isn’t responsible for the accurateness, usefulness or availableness of any information which has been transmitted through the services and excludes any liability herefore. Check-Inn.com can’t be charged for trading- or investment decisions, which have been made because of those information.

23. MESSAGES

Messages to you can either be transmitted by e-mail, telephone, fax or by regular mail. You accept to receive advertisement by e-mail, telephone, fax or by regular mail from Check-Inn.com or third. These advertising mails serve as the financing of the services. Any act to prevent those mailings or any action against the provider of those mailings may lead to an immediately exclusion from the system. You can also be informed about changing of the policy, through notices or links which are published in the corresponding services.

24. BRANDS/TRADEMARKS

Check-Inn.com and the Check-Inn.com logo as well as any other Check-Inn.com logos and product- and service identifications are registered trademarks of Check-Inn.com. You are not allowed to publish or use these trademarks in any other way, without former authorization from Check-Inn.com.

25. COPYRIGHT

Check-Inn.com respects the intellectual property of third and calls on his users to do this as well. If you think that your work has been copied in a way which violates any copyright, please provide following things to the Check-Inn.com copyright executive:

a. an electronically or handwritten signature of the person who is authorized to act for the bailee
b. a description of the copyright work, that has been violated in your opinion,
c. a description where the material can be found that violates copyright in your opinion,
d. your address, telephone number and e-mail address,
e. a description that in all conscience the complained use, hasn’t been allowed by the owner of the copyrights, his procurator or by statutory provisions and
f. a statutory declaration from you, that the former named information are true and that you are the owner of the copyrights or that you are authorized to act for the bailee.

You can reach him at:

Postal adress:

Check-Inn.com AG
Abtlg. Urheberrechte
Gartenstr. 75
63512 Hainburg

Fax: +496182-82428-20
E-Mail: missbrauch@check-inn.com

26. CHANGE OF THIS POLICY

Check-Innn.com reserves the right to change, adjust or ad articles to this policy for the future. Therefore, please check the policy from time to time for changes or additions. With every use of the services, you accept the respective form of the policy.

27. GENERAL REGULATIONS

a. The disclaimer of Check-Inn.com, not to execute or accomplish a right or a clause of these policy, does not display a disclaimer of these rights or clause.

b. Please be aware that additional regulations can be exercisable if you use connected services or software of third.

28. APPLICABLE LAW AND COURT OF JURISDICTION

This policy as well as the use of the services is regulated after the German Law, with exception of its conflict of Laws.

Court of jurisdiction is Frankfurt am Main.

29. WHAT TO DO IF THIS POLICIY IS VIOLATED

Please inform us about every violation of this policy. If you discover that content of the services violates the policy, please send us the identification data of the person who hasn’t followed the rules, as well as the relevant content, by e-mail to: missbrauch@check-inn.com.
Check-Inn.com gives no warranty that any measures will be made, because of your message.

Thanks a lot for your interest in Check-Inn.com