Terms of Use

Terms of Use (see I.) and II. Special Terms of Use for Authors (see II.)

 

Welcome to Humanimity. The internet platform and the services offered are offered by Humanimity SCE mbH, Ludwigstrasse 98-100, 84524 Neuoetting, represented by the board members & managing directors Mr. Boris Matern & Ms. Wiebke Matern for business purposes (in the future: Humanimity). By using our website, products, services and services, you agree to these Terms of Use (see I.), Terms and Conditions of Purchase including the right of withdrawal (see II. Below), and Privacy Policy (see III. Below) and the special Terms of Use for Authors (see under IV) as part of the Terms of Use on the Internet platform expressly agree. You also agree to our privacy policy.

 

We reserve the right to update these terms of use, terms and conditions of sale including right of revocation, and privacy policy from time to time. Such amendments will be immediately valid for the future once they are posted on the website. It is your responsibility to periodically review the aforementioned online documents.

 

I.      Terms of Use

 

1. Subject of the contract

(1) Humanimity is an innovative (and, at the same time, social selling and eLearning community) company that operates a high-tech Internet platform through a network of networks and provides high-quality training, consumption and consumption services in the area of ​​digital offers and services (in future: goods ) sells

 

(2) On the Humanimity Internet platform, Humanimity offers you as a customer a free online service, where you can use various information offers at your own discretion, as well as you can purchase other services and goods for a fee. The paid services and goods of Humanimity you can after launch of the platform here members. In addition, you can also become an Independent Marketing Associate (in the future: IMA) register to begin a sales activity for Humanimity. You will be informed separately prior to ordering a fee, service or other conclusion of a fee-based contractual relationship on the content of the respective fee-based order, the prices and the terms of payment. By clicking on the "Buy" button, you declare that you want to conclude a contract for the services or goods you have selected and accept the terms and conditions attached under II. Including the right of withdrawal as part of the contract. The contractual relationship will then arise in each case with e-mail confirmation of the order by Humanimity.

 

(3)       It must be pointed out that Humanimity does not sell or otherwise sell or broker Cryptocoins, currencies, financial assets or other financial instruments, directly or indirectly, or through third parties.

 

2. Registration on the Humanimity website

(1) Before you can use the offers and services of Humanimity, you must first register on the website of your interest. Registration is free. The data required for the registration or later for completing the registration must always be complete and true.

You can reach the offers of Humanimity via the domain www.humanimity.eu, Registration and creation of a profile via www.humanimity.eu, the Humanimity Academy (http://humanimity-academy.eu) and via the back office to manage your customer, user and / or sales data (https://backoffice.humanimity.eu/) is free of charge.

 

Registration of new users is organized through an independent sales and referral network. Therefore, we ask you at registration to consult with the person recommended by Humanimity so that you can be safely registered with your sponsor and consulting partner via the automated allocation process of the software. If you do not know this or have become aware of Humanimity, please contact us: accounting@humanimity.eu.
(2) When registering you must choose your e-mail address and a password. By clicking on the button "register for free" you declare that you want to conclude a license agreement for the free use of the internet platform. The contractual relationship herewith arises with e-mail confirmation of the registration by Humanimity, in which also the entrance data are contained. After receiving the access data you can create your profile on the website and have access to the offers of the Humanimity website.

 

A contract can be concluded with legal persons, partnerships or natural persons who have reached the age of 18 (or the age required to conclude effective contracts in the country in which a person is domiciled).

 

(3) Humanimity reserves the right to demand proof of age under certain circumstances.

 

(4) You are fully responsible for the legality and correctness of the data provided during registration or subsequent data completion. In particular, when entering credit or bank card data, the name and surname of the cardholder must match the information in the corresponding form.

 

(5) Deliberate and / or fraudulent misrepresentations may result in civil action. Humanimity further reserves the right in this case to block profiles and accounts of users who have intentionally and / or fraudulently made false information, and to terminate the user agreement extraordinarily, as well as to refuse any disbursements.

 

(6) You can only create one profile. Registered users can not log in again as a new customer or by providing a new e-mail address. If a user has created several profiles, he has to decide for one. All other profiles are disabled by Humanimity. The creation of multiple profiles is a valid reason for a permanent blocking of the user.

 

(7) You undertake to immediately notify Humanimity of changes to your user data, in particular changes to your bank details and e-mail address. If you fail to comply with this obligation, you must bear the resulting damage yourself.

 

(8) You may not transfer your profile and access data to a third party for use. The use of your account by third parties is a valid reason for a permanent blocking of the user. In your own interest, you are required to inform Humanimity without delay of any notice of third parties and any misuse of your online account.

 

(9) You can choose your username and password when registering. You agree to keep the password secret. If you become aware of the unauthorized use of your password, you agree to notify Humanimity immediately at support@humanimity.eu. If you have forgotten your password, you can restore it using the provided recovery procedure (e-mail to the e-mail address you provided).

 

(10) Humanimity reserves the right to refuse applications in its sole discretion and without stating reasons. If Humanimity rejects your registration, you will immediately receive any money you have already sent to the Payment Processor.

 

3. Duties of the customer

(1) You are prohibited from violating the rights of third parties, harassing third parties or otherwise violating any applicable law or morality while using the Internet offer of Humanimity. In particular, you agree not to:

 

  • Disseminating statements that are offensive, harassing, violent, violent, inflammatory, sexist, obscene, pornographic, racist, morally reprehensible or otherwise offensive or prohibited;
  • Insult, harass, threaten, frighten, slander, confuse other customers, Humanimity employees or IMA;
  • Spying, passing on or distributing personal or confidential information of other customers, IMA or Humanimity's staff or any other disregard of the privacy of other customers, employees or IMs of Humanimity;
  • Spreading false allegations about race, religion, gender, sexual orientation, origin, social status of other customers, employees or IMs of Humanimity;
  • Spying, sharing or disseminating confidential information from Humanimity;
  • Spreading false claims about humanimity;
  • Pretend to be an employee of Humanimity or an affiliate or partner of Humanimity;
  • Use of legally protected images, photos, graphics, videos, music, sounds, texts, trademarks, titles, designations, software or other content and marks without the consent of the copyright holder or the permission granted by law or regulation;
  • Disseminating statements with advertising, religious or political content;
  • Use of prohibited or illegal content;
  • Taking advantage of errors in programming (so-called bugs);
  • Take action that could put excessive strain on the servers and / or massively affect the process for other customers;
  • Hacking or cracking as well as promoting or encouraging hacking or cracking;
  • Disseminating counterfeit software and promoting or encouraging the dissemination of counterfeit software;
  • Upload files containing viruses, Trojans, worms, or destroyed data;
  • Using or distributing "auto" software programs, "macro" software programs, or other "cheat utility" software programs;
  • Modify the service or parts thereof;
  • Using software that enables so-called "data mining" or otherwise intercepts or collects information related to the service;
  • Interfere with transfers to and from the service servers and the website server;
  • Intrusion into the service servers or website servers.

 

(2) Humanimity points to its house right with regard to the use of its Internet offer and expressly reserves the right to immediate or permanent blocking and, if applicable, extraordinary termination of the online account and usage contract (see under 4), if one of the (1 ) regulated duties or otherwise violates applicable law in the use.

 

4. Termination of contract

(1) Humanimity can definitively suspend your profile at any time without notice in case of good cause, which entitle to an immediate extraordinary written termination without prior warning, and terminate the contract of use extraordinarily. Good reasons are in particular:

 

  • Particularly serious breach of the Terms of Use,
  • fraudulent or other particularly serious illegal activity in the use of the service,
  • Transmission of false or misleading information to Humanimity,
  • Fraudulent, unlawful or otherwise abusive use of offers by Humanimity,
  • Publication of information, training and other documents and copyright works already provided (eg upload to
    YouTube etc.)
  • Causing damage and other damages of any kind to Humanimity or other customers or IMAs of Humanimity.

 

(2) You can cancel your contract of use properly at any time, whereby the sending of the ordinary notice by E-Mail to support@humanimity.eu  to effectively terminate the termination, and to delete your profile in the Humanimity Community at any time. The information, education, training and other documents and copyright works made available for use until deletion can not be used after the deletion, unless the continued use is expressly stated.

 

5. Server availability

The Humanimity Service is operational 24 hours a day, seven days a week with an annual average availability of 99.5%. This excludes downtime due to maintenance and software updates as well as times when the service can not be accessed via the Internet due to technical or other problems that are beyond the control of Humanimity (force majeure, third-party fault etc.). In order to take full advantage of the Humanimity service, you must always use the latest (browser) technologies or enable their use on your computer (eg activation of Java script, cookies, pop-ups). Using older or non-commonly used technologies may result in limited use of Humanimity's services.

 

 

6. Disclaimer, other liability

(1) Humanimity can not be held responsible for any misrepresentation in your registration. It follows that Humanimity can not assume liability for the accuracy of this information and your Humanimity secured content for Humanimity third-party information within the meaning of the Telemedia Act (TMG).

 

(2) Furthermore, Humanimity is not liable for the occurrence of the desired result, which the customer wishes to use with the use of the internet platform, the services and goods of Humanimity.

 

(3) Insofar as Humanimity makes computer programs (software) available on its internet site, the use of the software is at the user's own risk. Humanimity is not liable for damages resulting from the installation and / or use of software from the download area, to the extent permitted by law. Despite current virus check a liability for damages and impairments by computer viruses in the context of the legal regulations is impossible. Furthermore, Humanimity is not liable for disruptions in the quality of access to the service due to force majeure or due to events for which Humanimity is not responsible. Furthermore, Humanimity is not liable for the unauthorized knowledge of third parties of your personal data (eg by unauthorized access by "hackers" to the database).

 

(4) Incidentally, Humanimity shall only be liable for damages other than those resulting from injury to life, limb or health insofar as these are due to intentional or grossly negligent acts or culpable violation of a material contractual obligation (eg delivery to the customer) by Humanimity, its employees or vicarious agents. This also applies to damages resulting from the breach of obligations during contract negotiations as well as from the taking of unauthorized actions. Any further liability for damages is excluded.

 

(5) The liability is, except for the injury of life, body and health or intentional or grossly negligent behavior of Humanimity, its employees or vicarious agents, limited to the typically predictable damage at the conclusion of the contract and otherwise the amount of the average damages typical for the contract , This also applies to indirect damages, especially loss of profit.

 

(6) Humanimity shall not be liable for damages of any kind resulting from data losses on computer servers, except in the case of gross negligence or willful misconduct on the part of Humanimity, its employees or vicarious agents. Your stored contents are for Humanimity third-party information within the meaning of the Telemedia Act. Links are available on the Humanimity website. At the first linking, the content was checked under the respective link for illegal content. Humanimity is not responsible for external content that can be accessed via links. If Humanimity determines or is advised that a linked offer contains illegal content, this link will be deleted.

 

7. Privacy

(1) Humanimity collects and uses the data voluntarily submitted by you only in the context of the legal regulations. The detailed regulations on data protection can be found in our privacy policy (see III.).

 

8. Miscellaneous

  1. Trademark and copyright

(1) Humanimity is, in relation to you, sole owner of reproduction, distribution, processing and all copyrights and the right of intangible transmission and reproduction of the Humanimity website and the individual content contained therein, services of other services and intellectual property rights , The use of all services and the contents, materials and brand and trade names contained therein (such as the names Humanimity and the associated logo) is only permitted for the purposes stated in these Terms of Use. Use without the express permission of Humanimity constitutes a violation of these Terms of Use and may result in suspension or deletion of your profile.

 

(2) You retain all rights and sole responsibility for any content uploaded by you. Humanimity only receives all necessary rights in connection with the publication and use of the content on the Humanimity Platform. At Humanimity Business, when you create a project or submit it for review, you acknowledge that Humanimity may use, commercialize and exploit the content you submit. We may also make certain changes (eg in the form of translations or editorial edits).

 

(3) Copyright violations will be punished by Humanimity and Humanimity reserves the right to delete or disable content for which we have been found to be in breach of copyright at its sole discretion and to block the profiles of repeat offenders.

 

b) Prices and fees

(1) You can reach the offers of Humanimity via the domain www.humanimity.eu, Registration and creation of a profile via www.humanimity.eu, the software of the Academy (http://humanimity-academy.eu) and via the back office to manage your customer, user and / or sales data (https://backoffice.humanimity.eu/) is free of charge.

 

(2) The payment of the prices and fees takes place via separately named on-line payment provider, The payment processing fees or any currency conversion costs are your own responsibility. The payment providers are independent companies of Humanimity. Humanimity assumes no responsibility for their services and any resulting damages or claims.

 

c) Messages and News

(1) Messages from Humanimity will be sent directly via a message in your profile or to the e-mail address you provided when registering. You are responsible for ensuring that your contact information is up-to-date.

 

(2) The Humanimity Network allows you to send or publish news and information in various ways (eg via the whiteboard in your profile, via link etc.). Information and content that you publish through the Humanimity Network can be viewed by other members (or, in the case of public contributions, see the Humanimity Network Guidelines) by visitors. Humanimity is under no obligation to release any information or content from you and may, at its sole discretion, remove it with or without prior notice.

 

d) No guarantee / change, limitation of the services of Humanimity / transfer to third parties

(1) Your access to Humanimity's website and services is at your own risk.

 

(2) Humanimity has the right to make changes to the website and the services offered by Humanimity without prior notice or liability.

 

(3) Humanimity reserves the right to limit the use of the Services, including the ability to contact other members through the Site, if Humanimity believes you are against these Terms of Use, the other Humanimity policies, or the law violate or otherwise misuse the Services.

 

(4) Humanimity reserves the right to transfer, assign, sublicense or pledge in whole or in part all rights and obligations under this License Agreement and the Terms of Use without prior notice, provided the third party also abides by applicable contract law and other laws holds.

 

e) Agreements with third parties

(1) Humanimity may from time to time enter into agreements with third parties that represent external service providers and that provide Humanimity and the Software / Technology / IT for products or services. You agree to comply with the terms and conditions of these third parties, as long as they are posted on the Humanimity website or linked to the respective website of the third party. These terms and conditions are subject to change. Any change will be notified to you in advance.

 

f) Applicable law and jurisdiction

(1) Your legal relationship with Humanimity is subject to the law of Humanimity. Compulsory provisions of the state in which you have your habitual residence remain unaffected.

 

(2) All disputes arising in connection with Humanimity's services are subject to the exclusive jurisdiction of Humanimity. Compulsory provisions of the state in which you have your habitual residence remain unaffected.

 

(3) Contract language is German.

 

g) Final provisions

 

(1) Changes or additions to these Terms of Use must be made in writing. This also applies to the lifting of the writing requirement.

 

(2) In case of invalidity or incompleteness of a clause of these terms of use, the entire contract shall not be ineffective. Rather, the ineffective clause is to be replaced by one that is effective and comes closest to the meaning of the invalid clause economically. The same should apply to the closure of a loophole in need of regulation.

 

(3) Humanimity may revise these Terms of Use and the Privacy Policy at any time. Any important change will be brought to your attention before entry into force in one of the forms provided for news and communications.

 

(4) None of these provisions shall be construed to create a work or agency relationship or partnership or any other form of joint venture between you and Humanimity.

 

(5) You can change the current terms of use at any time here (as PDF file) free download.

 

 

 

 

  1. Special conditions of use for authors (author contract)

 

The following Special Terms of Use of Humanimity apply in addition to I. (Terms of Use) for those registered customers who make their works available free of charge or for a fee with the help of the website and who are registered as members of the cooperative via a membership number.

 

  • 1. General

(1) Registered customers have the possibility of self-created videos, video seminars or other works, including illustrations, photographs and other image materials (hereinafter "works") on the site (hereinafter "author"), this if necessary. As part of a Ratings to be rated and to offer these other users of the Internet platform of Humanimity on the various services available on this free of charge for a fee.

 

(2) The following provisions apply between Humanimity and the author for the posting of own works and their making available on the internet platform (future system) of Humanimity in addition to the above terms of use (under I.), which therefore also for the legal relationship between Humanimity and the author, unless otherwise provided below.

 

  • 2 Performances of Humanimity, due diligence of the author, indemnity of Humanimity

(1) After entering into a contract with Humanimity, the author (trainee) can upload his works to the Humanimity system and process them using the software provided by Humanimity. For this, the author is provided with a special media software on the system of Humanimity by means of the OnAcademy Enterprise Software. The author and license agreement gives the author the possibility to make his works available to Humanimity so that they can be uploaded for a fee to the streaming server of Humanimity or, in compliance with the security precautions, they can be made available on a specially financed Vimeo server to ensure that the works are available to other customers on the Humanimity Internet platform or for downloadable or streamed devices.

 

(2) Humanimity reserves the right to select, several times a year, works in appreciation of the rating, which will be marketed separately with the consent of the author and contractual agreement with the author.

 

(3) All works submitted by the author and edited in accordance with paragraph (2) will be made available for download or streaming and as an online version to other users. The author has the choice between free and paid offer to meet and receives for the case of the determination as paid offer a remuneration in accordance with the remuneration table, which is also expressly part of this use contract and which the author in the future after release of the application here can see. In any case, the author is obligated to submit at least 10% of his work material to other users for free in the online version.

 

(4) The author is always entitled to remove his set works from the system of Humanimity. Excluded are works that are or were for sale and have already been sold at least once or have been used as part of at least one paid subscription or at least one other use for payment by the customers of Humanimity. In this case the author prevents by the deletion of the work another sale or other future paid use. Nevertheless, the work continues to be on the system of Humanimity in order to grant the purchaser or other customer using the work for further use through his library, but is blocked for further sale subject to a separate contract.

 

(5) The author is only entitled to post works originally originating from him. The author guarantees by the attitude of the work in the system of Humanimity that the works set by him free of third party rights (especially copyright and trademark rights to the content and personal rights to imaged or otherwise presented persons) and not against criminal, Jugendschutzrechtrechtliche or other legal provisions or moral values ​​(ie in particular non-violent, racist, sexist, insulting or otherwise unlawful or immoral content). The author is obliged to indemnify Humanimity, its vicarious agents and distribution partners on first request of Humanimity from all claims of third parties that are asserted against Humanimity and / or its distributors or its vicarious agents for its works.

 

(6) Humanimity is entitled, at its own discretion and responsibility, to set quality requirements for works submitted by authors. Humanimity is entitled at any time to block individual works provided by the author without prior consultation or announcement for the access of their customers, in particular because provided content does not meet the quality requirements established in (5), violate the rights of third parties, otherwise violate applicable law or third parties to assert the infringement of their own rights or to fear claims of third parties.

 

  • 3 Paid offers, compensation, billing to the author

(1) The paid offer of the works on the system of Humanimity is only possible if the author in the context of his user account as a member of Humanimity before the required, requested contact details, as well as its VAT registration number (if any - otherwise his tax number), his bank account and specified the required KYC data in the user back-office. The author is obliged to provide the above-mentioned data properly and keep it up to date.

 

(2) The author receives - if his work is set as a paid offer - a fee in accordance with the remuneration table, which is also expressly part of this contract and the author in the future after the release of the application here can see. The level of compensation can be seen by the author in his back office.

 

(3) The author's remuneration is credited to the author within his user account. The provision of a corresponding account in the user account takes place within 15 days after the respective end of the month with a term of payment of 40 days. The author is informed in each case in his back office about the provision. A disbursement of credits takes place automatically as soon as the credit balance in the account of the author amounts to more than 50,00 €. In the event that the minimum payout threshold is not met, the compensation entitlements will continue on the user account maintained by Humanimity for the author and will be paid to the author the following month after reaching the minimum payout limit. Any costs of the transfer to the account designated by the author (eg bank transfer costs) or in case of failed bank transfer shall be borne by the author and will be credited to the user account.

 

(4) Furthermore, as a member of Humanimity, the author has the possibility to perform the remuneration as a contractually honorary activity in the Humanimity and to register on the basis of the promotional principles the self-costs and services provided in the member business as own costs in favor of a reimbursement from the annual result in his user account , The resulting reimbursements will be determined by the G & V of the annual result and must be received no later than 15.02. of the following year. The reimbursement is subject to the mechanism for the formation of GPA and the mechanism for the accumulation of shares, which the author in the future after release of the application here and which are part of the statutes and special rules of the General Assembly of 19 March 2018 of Humanimity.

 

(5) The disbursement takes place - as far as a deviating bank account was not explicitly accepted separately in writing by Humanimity - only on bank accounts, which are in his name.

 

(6) A monetary remuneration of the author takes place exclusively in relation to payments received by Humanimity. The author is reimbursed exclusively in relation to the proprietary cost share of the contractually determined product brought in by Humanimity. Humanimity is not obligated to collect or enforce the payment obligations of its customers.

 

(7) Assignments and pledges of claims by the author are excluded, unless the mandatory law precludes. The burden of the contract with rights of third parties is not permitted, as far as the mandatory law does not preclude.

 

(7) Humanimity shall be entitled to reduce the author's remuneration, as evidenced by Paragraph (3), if and to the extent that Humanimity's costs of providing its services increase, in particular if personnel costs are increased, the costs of providing and operating the underlying technical infrastructure (Servers, data centers, etc.), increase or initial levy of taxes or other legal fees in connection with their services. Humanimity will notify the author of a reduction of his compensation with a reasonable notice in advance. If the compensation is reduced by more than 5%, the author is entitled to terminate the contract with Humanimity within four weeks of receipt of the notification of reduction of his remuneration with effect from the date of the reduction by e-mail to Trainee@humanimity.eu to cancel.

 

  • 4 Permission

(1) With the termination of the work, the author transfers Humanimity for the duration of the contract, the worldwide exclusive irrevocable, transferable, sublicensable, representational and spatially unlimited right to reproduce (this also includes the right to create copies of any kind and scope), distribution, Editing, modification (the right to edit and change also includes the right to transform the work or its contents into a video, animated film or similar work), making available to the public and other uses as well as exploitation of the work for all print editions, physical ( eg CD) and non-physical (eg Internet, television, Internet TV, internet radio, other download or streaming,) electronic editions as well as for all editions without limit of number in all languages ​​as well as for all other known and unknown types of use. Within the scope of the right of use, Humanimity is also expressly permitted to allow its customers or otherwise authorized users to access and use the work on the Humanimity Internet platform.

 

(2) By way of clarification, the granted right of use within the meaning of paragraph (1) also includes: a) the right to feed, duplicate and store the work, in whole or in part, in electronic databases and networks, and permanently using digital or other storage and transmission technology and / or temporarily (eg subscription models) to make publicly available, to copy, to distribute and / or to send, eg to receive the work or parts thereof by means of any stationary or mobile receiving device, including all transmission paths and all procedures. Also included is the right to allow interactive use of the work or parts thereof (if applicable in conjunction with other works) by the user, within the scope of the types of use mentioned in this contract; b) the right to use the work also free of charge by means of a copy, broadcast or other reproduction including Internet for the promotion of Humanimity or third parties; c) the right to exploit the rights specified in paragraph (1) and this paragraph by granting these rights in whole or in part to third parties for the purpose of advertising and marketing for Humanimity, without the consent of the author being required in this respect.

 

(3) The right to use according to paragraphs (1) and (2) expires at the end of the contract, however, in compliance with § 2 (4). The granted right of use is a right of first use and exploitation.

 

(4) There is no obligation on the part of Humanimity to evaluate the rights of use granted. The granting of rights of use according to paragraphs (1) and (2) shall also apply upon termination of the registration for all transactions with purchasers already made and / or commenced (including reload rights).

 

  • 5 Termination / consequences of termination

(1) The author is entitled at any time to terminate the author's contract by termination by e-mail to Trainee@humanimity.eu or by removing his / her works / s from the system of Humanimity. Humanimity has the same right of ordinary termination by e-mail to the author's e-mail address provided in the system by the author. After termination, all works placed via the author's account will be removed from the Humanimity system within 14 days of the effective date of termination. Excluded are works that are or were for sale or other paid use and were sold at least once or otherwise used for a fee. Here the regulation of § 2 (4) applies accordingly.

 

(2) Any credit balance of the author will be paid out to the author within one month after the termination takes effect. § 3 paragraphs (4) and (5) apply accordingly.

 

 

  • 6 Final provisions / contract language

(1) The law of the Federal Republic of Germany applies excluding the UN sales law. Compulsory provisions of the state in which the customer has his habitual residence remain unaffected.

 

(2) Contract language is German.

 

 

Terms of Use and Special Terms of Use for Authors: 01.05.2018

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