§1 General Provisions

This is an binding Agreement (hereinafter referred to as the “Agreement”) between you (hereinafter referred to as the “User”) and us, mokono GmbH, a German company having its place of business at Oranienstr. 183, 10999 Berlin, Germany (hereinafter referred to as the “Company”). By using the software and/or any other service or content made available on Company’s web sites (collectively hereinafter referred to as the "Services"), the User agrees to be bound and abide by the terms and conditions of this Agreement as well as the provisions of all statutes of the German Law and the German jurisprudence.

§2 Scope of Services

The Services provided by the Company enable the User to set up and maintain weblogs („blogs“) online. The User can administer these blogs and the User may authorize other Users to administer, maintain and develop blogs that the User has set up. All blogs may also be accessed, changed, published and maintained by means of other media, i.e. mobile devices. Some Services are free of charge. The Company reserves the right to offer other Services in return for a fee. The Services are offered on an "as is" basis and used by the User solely at his or her own risk.

§3 Personal Data

The User hereby assures the Company of submitting proper, lawful and true data when registering to use the Services of the Company. The User furthermore agrees that his personal data is being stored and processed by the Company for the purposes of providing the Services. Personal data will not be made available to third parties, unless the User agrees to do so with express permission. The User abides to maintain his personal data up to date and accurate. The User must keep login data such as login name and password secret and must not grant third parties access to his account.

§4 User Obligations

The User has sole responsibility for all content published on the blogs set up by the user. The Company does not review the published content. The User agrees to provide means of contact and personal identification on the blog set up by the User.

The User furthermore agrees to the following:

• The User will not take any action that may infringe, violate or harm third parties in any way, especially not personal rights of other individuals.
• The User will not link to, offer or promote content which is unlawful, offending, ethically or morally improper, pornographic or racist.
• The User will not employ any means of spam.
• The User must not promote viruses, worms or other harmful programs and take proper care to ban the growth of viruses.

§5 Termination of Membership

Either party, without cause, may terminate this Agreement upon 30 days notice to the other party. The notification of termination may be given by the terminating party via e-mail. Notwithstanding the foregoing, the Company may terminate services at any time, without penalty and without notice, if the user fails to comply with any of the terms of this Agreement or the intellectual property protections applicable to the Services. The Company reserves the right to delete, cancel or modify the account or any content contained therein in any way the Company deems feasible. A violation of the above stated terms may result in prosecution by law. The company may furthermore cancel the account if membership fees have not been paid. The User’s special right to terminate the Agreement as set forth in § 9 remains unaffected.

§6 Indemnification and Limitation of Liability

• The User shall defend, indemnify, save and hold harmless the Company (including, its agents, its clients, its servants, officers, directors and employees) from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys' fees, ("liabilities") asserted against the Company, that may arise or result from any service provided or performed or agreed to be performed or any product used or sold by or to User, its agents, employees or assigns.
• The User shall defend, indemnify and hold harmless The Company (including, its agents, its clients, its servants, officers, directors and employees) against any and all liabilities caused directly or indirectly by the User or any person who the User allows to access the services.
• Claims for damages against the Company, its auxiliary persons and/or agents with respect to any cause of action shall be excluded, unless the User’s harm or damage was caused by The Company’s intent or gross negligence. This limitation of liability shall not apply in the event of personal injury, in the event of a guarantee executed by the Company, in the event of the Company’s violation of essential contractual obligations and/or in the event of a possible liability pursuant to the German product liability act.
• The Company shall not be liable for Licensee’s atypical or unforeseeable damages and for remote consequential harm caused by a defect in the Licensed Materials.

§7 Accessibility of Data

The User acknowledges that there are possibilities of obtaining data by unlawfully intercepting data transfers in the internet.

§8 Communication

News, changes or any other messages or notifications will be sent from the Company to the User via email. The User hereby accepts to receive updates regarding the Service of the Company. The User may communicate with the Company with via the common means available to the User.

§9 Changes of Terms and Conditions

The Company may change the terms and conditions of this Agreement. Such changes will be announced by email and subject to a special right to terminate which must be exercised by the User within 30 days beginning with the notification of change. The terms will come into effect if the User does not object to the changes within 14 calendar days via email or in writing. Should the User not accept the new Terms of Service, membership of the User will be cancelled after 5 days.

§10 Backup of Data

The Company applies a regular back up of all data of the User. Should a loss of data occur, the Company may apply all means at hand to recover and secure all lost data but is not obliged to do so.

§11 Accessibility of Service

The Company provides accessibility of the Service and data stored by the User as far as this is possible. However, this can not be guaranteed. Necessary adjustments to the service may be made at any time the Company considers appropriate. If maintenance work is foreseeable, the Company will notify it’s users.

§12 Copyright

By submitting media such as photos or videos or any other content the User guarantees that the content does not infringe upon any third party intellectual property or personal right, including, but not limited to, copyrights, trade marks, trade secrets, privacy or other personality right.

§13 Applicable Law and Jurisdiction

The parties agree that with respect to all claims arising out of this agreement German Law under specific exclusion of the United Nations Convention in Contracts for the International Sale of Goods and the German International Private Law shall be applicable.

If the User is an entrepreneur in the meaning of German Commercial Law, the following shall apply: The parties hereby submit to the jurisdiction of, and waive any venue objections against, the Landgericht Berlin, Germany, in any litigation arising out of this Agreement.

§ 14 Miscellaneous

In the event, provisions of this Agreement should be held or become invalid, this shall not affect the remaining part of this Agreement. The invalid provision shall be replaced by the valid provision, that serves most closely the purpose of the invalid provision; this also applies in case of a loophole.