Terms of Service

"Fanpage Karma" stands for the service as described below and/or the provider of this service, uphill GmbH. This includes all features and applications that can be accessed on the Fanpage Karma Websites.

§ 1 - Object of the contract and general terms and conditions for the use of Fanpage Karma

General

  1. Fanpage Karma is an online service that has the goal to improve the user's experience on Social Media. Fanpage Karma Analytics helps users to properly analyze and understand Social Media developments and simplifies the process of decision making. To pursue this goal in the best possible manner, Fanpage Karma provides a Social Media Analytics Tool, a Community Platform and a Job Market Platform.
  2. Our tools aim at improving user experience and help them to find new ways to analyze common Social Media Networks (e.g. Facebook, Twitter, Google+, Instagram etc.), evaluate numbers and developments, connect to other marketers and spread important information and news.
  3. The analytics tools are the essence of Fanpage Karma's online services. Fanpage Karma offers registered users two options: a) a free, non-exclusive platform to analyze Facebook fanpages (hereinafter referred to as "Fanpage Karma Free") and b) a paid, non-exclusive usage of extra-features (hereinafter referred to as "Fanpage Karma"). The right to use our service is only valid based on the current state of technology. We may restrict our services for a period of time, if necessary, for reasons concerning capacity limits, the security or integrity of the server or in order to perform technical maintenance and so as to ensure that we can properly offer our services or enhance them (maintenance work).

    Fanpage Karma does not warrant that the services will meet your requirements or expectations, that the services will be delivered uninterrupted, timely, secure, or error-free, that the results that may be obtained from the use of the services will be accurate or reliable, that any errors in the services will be corrected.

Analytics Tools

  1. The user is required to register to use Fanpage Karma. The user guarantees Fanpage Karma that all provided data and personal information are true and that he or she will immediately notify us as soon as his or her personal information changed. It is prohibited to use pseudonyms or aliases. The user warrants that he or she is of legal age at the time of the registration.
  2. The user registers with his or her Facebook Account. He or she is limited to registering a single account and profile. Fanpage Karma has no way to verify the identity of the user currently using an account. Therefore Fanpage Karma neither can nor does ensure that the person using an account is it's actual owner.

Community Platform and Job Market Platform

  1. The user profile, that is created as part of the account creation process, is the user's identity on all websites and services provided by Fanpage Karma.
  2. The Community Platform offers the user a vast amount of opportunities to present himself through his contributions and actions on all Fanpage Karma websites. The profile can also be used for presentation outside of the Fanpage Karma websites.
  3. The user acknowledges that it isn't possible to create an account that is exclusive to either the analytics tool, the Community Platform or the Job Market Platform. The account is being used for all free and fee-based services provided by Fanpage Karma.

§ 2 - Registration & membership and conditions of use, conclusion of contract

General

  1. The opportunity to use the fee-based services of Fanpage Karma is not an offer, but an invitation to submit a bid (invitatio ad offerendum). By ordering one of the available fee-based versions, in this case Professional, Premium, Business, Enterprise or Suite for Fanpage Karma Analytics, or Standard, Advanced, Expert and Individual for Fanpage Karma Social Monitoring, the user is submitting a bid to conclude a contract. A valid contract does not exist until Fanpage Karma accepted the terms. Fanpage Karma is not obligated to accept a contract and can reject offers for whatever reason we see fit.
  2. The user is required to register to use Fanpage Karma. The user guarantees Fanpage Karma that all provided data and personal information are true and that he or she will immediately notify us as soon as his or her personal information changed. It is prohibited to use pseudonyms or aliases.
  3. The user warrants that he or she is of legal age at the time of the registration. If this is not the case the user warrants that he or she is empowered by a third party and serving this party's interest. If requested, the user needs to be able to provide proof. If the user does not comply, Fanpage Karma reserves the right to block and delete the user's account.
  4. The user registers with his or her Facebook Account. The user is limited to registering a single account and profile. Fanpage Karma has no way to verify the identity of the user currently using an account. Therefore Fanpage Karma neither can nor does ensure that the person using an account is it's actual owner.

Notice considering technical steps for contract conclusion

  1. The customer selects the desired Fanpage Karma edition, number of licenses and payment period. The customer enters all the information required for the signing of the contract and selects the desired payment method. In case of payment method "Electronic direct debiting scheme" the customer further enters its bank account details and confirms that he is authorized to allow direct debits from this account.

    By clicking "Proceed with next step" the customer reaches an overview of his order. Before confirming the order the customer can change the entered information and payment method by clicking the back button of the browser. The order process can be terminated at any time by closing the browser window. By clicking the button "Confirm binding order" the customer submits a binding offer for contract conclusion. The terms and conditions and the order overview can be saved and/or printed during the order process.

§ 3 - General user obligations, user obligations regarding use of Community Platform and Job Market Platform

General

  1. By accepting these Terms of Service the user is obligated to not publish any content (e.g. posts or job offers) that breaks current laws or boni mores.
  2. The user warrants that all data and personal information about himself are true and that he does not use any pseudonyms or aliases.
  3. The user particularly guarantees to not publish any illegal content (e.g. posts or job offers) that would be considered disorderly or meet the requirements to be considered a criminal offense. The user also warrants to not publish content (e.g. posts or job offers) of offensive, abusive, racist, discriminating or pornographic nature. This also applies for any action that is breaking copyright law, trademark law or competition law.
  4. The user warrants to abstain from advertising products on Fanpage Karma websites. Among others, this includes posts, private messages, signatures and chain letters.
  5. In case of violation of the passages 1 to 4 Fanpage Karma has the right to edit or delete the posts and suspend or delete the user's account. The user is obligated to compensate Fanpage Karma for any damages (e.g. of financial nature) that were caused as a result of him breaking the Terms of Service or law. Fanpage Karma reserves the right to edit or delete content that has the potential to break a law.
  6. The registered account is to be used exclusively by the user who created it. The user is responsible for the protection of his account and do anything in his power to prevent abuse. He is obligated to keep his user data (e.g. password) secret and protect it from third parties.
  7. It is not allowed to publish content or graphics of Fanpage Karma without redirecting to the contents source ("Fanpage Karma") and providing a link to the corresponding Fanpage Karma websites (e.g. http://www.fanpagekarma.com/facebook/tricider). Selling content provided by Fanpage Karma without the written consent of Fanpage Karma is forbidden.
  8. If a third party raises a claim against Fanpage Karma as a result of content that has been published on either the Community Platform or the Job Market Platform, the user is obligated to release Fanpage Karma from all duties and compensate us for the financial damages caused by his actions.

Community Platform - particular rules

  1. Companies that stand in direct competition to Fanpage Karma (e.g. by selling social media analytics tools) are prohibited from advertising or mentioning their product without our written approval.

Job market Platform - particular rules

  1. Companies that stand in direct competition to Fanpage Karma (e.g. by selling social media analytics tools) are prohibited from advertising or mentioning their open positions without our written approval.
  2. Offers should refer to currently open positions. The user is obligated to remove expired job offers within 8 weeks, or 56 days, time (e.g. positions that have been filled).

§ 4 - Fees, use of the paid version, billing, payment terms

General

  1. The user can settle his bills by using one of the payment methods offered by Fanpage Karma. These include debit card, credit cards or wire transfer. If Fanpage Karma is unable to debit a user's bank account, the user holds responsibility and warrants to compensate Fanpage Karma for potential costs. The user is free of charge if he can proof that he is not responsible for the default.
  2. Fanpage Karma is permitted to exclusively send invoices or payment reminders electronically.

Fee-based membership

  1. The fees for the fee-based membership can either be paid on a monthly basis or in full at the time of booking.
  2. Fanpage Karma will always notify existing customers about the alteration of fees, unless the fee is being changed in the user's favour (e.g. reduction).

§ 5 - Contractual relationship, termination of contract, refund

General

  1. Both parties have the right to terminate the contract at any point. The user can deactivate his account on the designated websites (https://www.fanpagekarma.com/settings).

Free membership (Fanpage Karma Free)

  1. The user as well as Fanpage Karma has the right to terminate the free membership at any point. To protect the user from his or her account being deleted without his knowledge, Fanpage Karma reserves the right to verify the user's identity by e-mail inquiry.

Fee-based membership (Fanpage Karma)

  1. The duration of the fee-based membership is determined by the minimum term. At the end of a cycle the subscription is automatically being refreshed for the same duration, unless terminated at least one day prior to the end of period by either the user or Fanpage Karma. The subscription can be cancelled on the designated websites (https://www.fanpagekarma.com/settings). After terminating the subscription a user can still use all fee-based features until the subscription runs out. If Fanpage Karma has been terminated, the user is entitled to retain free usage of the website.

Termination for good cause

  1. The provisions of this section shall not affect the right of both parties to terminate the agreement for good cause. A good cause is defined as an event which makes it unacceptable for Fanpage Karma to continue the agreement to the end of the termination period, taking into account all circumstances of the individual case and weighing the interests of Fanpage Karma against the User's. A good cause includes any the following events:

    • the user fails to comply with any applicable legal provisions
    • the user breaches a contractual obligation, in particular these Terms of Service
    • the reputation of the services offered on the Fanpage Karma Websites is substantially impaired by the online presence of the User (if, for example, it is discovered after registration that the User has been convicted of a criminal offence, and if said conviction is known to other users)
    • the user promotes any communities or associations (or any of their methods or activities) which are under surveillance by authorities responsible for public safety or the protection of minors
    • the user is a member of a religious sect or a denomination that is controversial in Germany
    • the user causes harm to any other user(s)

    In the event of a good cause in accordance with this section and notwithstanding Fanpage Karma's right to terminate the contract in accordance with this section, Fanpage Karma is entitled to

    • Delete the content published by the user
    • Issue a warning, block or disable the user's access to the services of Fanpage Karma
  2. The user is not entitled to claim reimbursement for fees that were paid for Fanpage Karma services. If Fanpage Karma has terminated the contract for good cause pursuant to this section, the user is not entitled to claim reimbursement. However, the user's right to claim reimbursement of any advance payments shall not be excluded in this case if the user has terminated the agreement for a good cause attributable to Fanpage Karma.

§ 6 - Accountability for content, data and/or information submitted by the user

Community Platform and Job Market Platform - Functions

  1. Fanpage Karma permits the user to publish posts as well as open job positions on our website. Therefore, Fanpage Karma provides a Community Platform and a Job Market Platform. Apart from that, Fanpage Karma does not take any other responsibility.
  2. Fanpage Karma does not take responsibility for content published by users, particularly not regarding accuracy, thoroughness, reliability, topicality or usefulness of posts, pictures or job offers published. According to §§ 8 to 10 TMG (German: Telemediengesetz) Fanpage Karma is not obligated to moderate or monitor user published content or check its reliability.
  3. Fanpage Karma is not obligated to prevent a third party from saving data, content or information that, according to the Terms of Service, the privacy policy and the Fanpage Karma user settings, is publicly visible on any of our websites.
  4. The user is liable for all the content published by him or her and is obligated to make sure that the provided hyperlinks do not forward to content that could be considered a criminal offence or break copyright law, trademark law, competition law, personal right or any given right of a third party.

    Fanpage Karma reserves the right to edit, delete or reject posts as long as long as the possibility of it breaking the law exists. This also applies to content that is likely an event of good cause. Fanpage Karma is not obligated to moderate or monitor.

  5. If a third party raises a claim against Fanpage Karma as a result of content that has been published on either the Community Platform or the Job Market Platform, the user is obligated to release Fanpage Karma from all duties and compensate us for the financial damages caused by his actions.
  6. Fanpage Karma holds all copyrights regarding published content. User rights are limited to publishing and viewing of information, data and content.
  7. The user grants Fanpage Karma a free, unlimited, simple servitude for pictures, texts and all other published resources.
  8. The user is obligated to make sure that he holds the rights on all resources used in his public posts or job offers. If this does not hold true, the user is obligated to at least hold a license that allows him or her to use the content and resources of third parties.
  9. By publishing a job offer on the Job Market Platform, the user acknowledges that Fanpage Karma obtains the right to mention the company as a reference.

§ 7 - Service availability

  1. The user is not entitled to have uninterrupted access to Fanpage Karma and acknowledges that it is technically impossible to achieve 100% availability. Fanpage Karma endeavours to keep the platforms up and running without any interruptions. However, maintenance-, security- and capacity works, as well as events that are outside of Fanpage Karma's reach of control (e.g. electricity failures, blackouts, overstressed hubs) can lead to temporary issues and the unavailability of the services.
  2. Fanpage Karma reserves the right to edit or delete publically visible content from the Community Platform or the Job Market Platform as well as modify or terminate the services. Fanpage Karma will inform the user of such an action beforehand.

§ 8 - Liability of Fanpage Karma

  1. Liability of Fanpage Karma is excluded unless agreed otherwise in the following. The aforementioned liability provisions shall also apply to our assistants and vicarious agents.
  2. According to § 7 Abs.1 TMG (German: Telemediengesetz) Fanpage Karma is liable for all company published content. However, according to §§ 8 to 10 TMG (German: Telemediengesetz) Fanpage Karma is neither liable for user published content or information nor obligated to moderate or monitor it.
  3. We shall be liable without limitation for any damage resulting from injury to life, limb or health because of a negligent violation of our obligations on our part as well as for any damage due to an act omitted deliberately or gross negligently by us. In the event of minor negligence, we shall be liable for claims based on Section 311(3) German Civil Code and also if we are in breach of a material contractual duty (cardinal obligation). Where we are in breach of an essential contractual duty, our liability shall be limited to foreseeable contractual damage.
  4. Fanpage Karma does not partake in any contract-negotiations or -conclusions between users. Fanpage Karma is not affiliated with either party. We are not liable for contract relationships between users and companies, or users and users.

§ 9 - Data protection

  1. We guarantee data protection and data security in accordance with our Privacy Policy which is available for review on our website at https://www.fanpagekarma.com/privacy/.

§ 10 - Changes to the Terms of Service

Changes to services

  1. Fanpage Karma reserves the right to change services or provide modified services as long as the changes are reasonable for the user, are of a purely technical or process-related nature of the tool without any major impact on the user, are required or implemented to cover potential security gaps.
  2. Modifications without any direct impact on the provided services do not represent changes to the tool described in §10. Among other things, this applies to changes to the visual representation of the service, the layout or the assembly of functions and tools. It also applies for the order of sub-boards or job offers on the corresponding pages.

Changes to the Terms of Service

  1. We reserve the right to amend these Terms and Conditions at any time and without providing grounds. Should individual provisions of these Terms and Conditions be or become ineffective, the remaining provisions shall remain unaffected. The ineffective provision shall be deemed replaced by such provision which economically most closely resembles the purpose and intent of the ineffective provision in legally effective manner.
  2. Fanpage Karma reserves the right to change these Terms of Service,

    • if the modifications are purely technically related unless they have an unreasonable impact on the user's experience
    • if the modifications are beneficial for the user
    • if Fanpage Karma is obligated to make sure that the Terms of Service comply with the legislation
    • if Fanpage Karma introduces completely new features or services that require a description in these Terms of Service unless it has an unreasonable impact on the user's experience

    Fanpage Karma will inform the user about changes to these Terms of Service e.g. on the news platform or via e-mail.

§ 11 - Applicable law, place of jurisdiction and miscellaneous

  1. These Terms of Service and the contractual relationship shall be governed by German law.
  2. Exceptions are made exclusively for consumer protection laws that are imperative in the state of the user's ordinary residence.
  3. Place of jurisdiction shall be the main place of business of the uphill GmbH.
  4. These Terms of Service are available in English and German. In the event of any contradiction between the different language versions of these Terms of Service, the German version shall take precedence.

Updated: December 2015

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