Condition of Use
General Terms and Conditions
Last updated: 1 May 2022
“PS-Connect” hereinafter refers to the following service (including all applications) by the operator of the service, Conscious Content GmbH & Co. KG.
A. General conditions for the use of the PS-Connect service
The PS-CONNECT service is provided via websites on the Internet (e.B. app.ps-connect.com) as well as under various subdomains and aliases of these domains and via mobile applications (so-called “apps”), background applications, web services and integrations into third-party sites (e.B. via iFrame). All websites, subdomains, aliases, mobile applications, background applications, web services and integrations in third-party sites on which PS-CONNECT is available offered by PS-CONNECT are hereinafter referred to as the “PS-CONNECT Entities”.
The applications of the PS-CONNECT service include, in particular, contact and communication forums (hereinafter referred to as “social network”).
These General Terms and Conditions for the Use of the PS-CONNECT Service govern the contractual relationship between the User and PS-CONNECT, regardless of which of the PS-CONNECT Entities the User uses PS-CONNECT services.
The General Terms and Conditions for the use of the PS-CONNECT service and any additional conditions for the use of individual applications are hereinafter referred to as “GTC”.
The contract is concluded with Conscious Content GmbH & Co. KG, Scheinerstr. 19,
81679 München. Further contact details, the commercial register data and the name of a person authorised to represent Conscious Content GmbH & Co. KG can be found in the imprint.
1. Subject matter of the contract and basis for the use of PS-CONNECT
General
1.1 PS-CONNECT is a service whose purpose is to contribute to the improvement and simplification of the professional life of professional athletes through a variety of different applications.
1.2 Given the blurring of the boundaries between work and private life and the interactions between the two, PS-CONNECT does not focus exclusively on the professional context, but also includes applications in the private context.
1.3 In particular, PS-CONNECT aims to open up new possibilities for the user (mainly in a professional but also in a private context), to facilitate the formation of horizontal networks, to democratise information, to promote the exchange of information and to support lifelong learning. In order to fulfil these purposes, PS-CONNECT provides the user with certain information, offers, recommendations and services on the basis of collected data, among other things, and promotes interaction – within and outside the user’s network. This is done in accordance with any privacy settings and declarations of consent of the user.
1.4 The social network is the core application of the PS-CONNECT service. The profile page created by the user within the framework of the social network (hereinafter referred to as “user profile”) represents the identity with which the user appears and is represented within the PS-CONNECT service, on the PS-CONNECT entities and in the applications of the service. In principle, a user profile visible in the social network and outside is required for the use of PS-CONNECT.
Social Network
1.5 The social network offers the user various possibilities to present himself with his own user profile and with his activities on the PS-CONNECT entities and outside and to interact with other users and third parties in real time. The full effect of the social network can only be achieved if the user profile can also be called up for non-users and findability in search engines, which is why this external retrieval and findability of the user profile is preset.
1.6 A user who registers for the social network acquires a free membership in the social network (hereinafter referred to as “free membership”).
2. Conditions of use, conclusion of contract and assurances upon conclusion of contract
General
2.1 If the user uses an application of the PS-CONNECT service that can also be used by users without a user profile visible in the social network, a user account will be created for the user if such an account does not yet exist. This establishes the contract for the use of PS-CONNECT between the user and PS-CONNECT. The user account is a user profile that is initially not visible in the social network. Under his user account, the user can initially only use those applications of the PS-CONNECT service that can also be used without a user profile visible in the social network. If the user wishes to use applications of the PS-CONNECT service for which a user profile visible in the social network is required, he must first confirm or release the visibility of his user profile in the social network.
2.2 The possibility of using the applications offered on the PS-CONNECT Entities does not constitute an offer, but only an invitation to submit an offer. By completing the process, the user submits an offer to conclude the contract for the use of the corresponding PS-CONNECT application. PS-CONNECT accepts this offer of the user by providing the corresponding services. The contract between the user and PS-CONNECT is only concluded upon this acceptance. PS-CONNECT is not obliged to conclude a contract.
2.3 The user assures that all data provided by him are true and complete. The user is obliged to keep the data true and complete with regard to all applications used by him during the entire term of the contract. In the event that PS-CONNECT Customer Service makes manual changes to the User’s data on behalf of the User, PS-CONNECT reserves the right to charge the User for any resulting costs incurred by PS-CONNECT to the User to the extent that the User is responsible for the event triggering costs.
2.4 The user assures that his information is true. In the event that the User acts for a legal entity within the framework of certain applications, the User warrants to be authorized to act on behalf of the legal entity. Upon request, the user shall provide PS-CONNECT with proof of the information guaranteed in accordance with this section.
2.5 PS-CONNECT cannot technically determine with certainty whether a user registered on the PS-CONNECT Entities actually represents the person the user claims to be. PS-CONNECT therefore does not guarantee the actual identity of a user.
2.6 In order to purchase a PS-CONNECT membership, registration is required, in which the user must choose a password, among other things.
2.7 The user is obliged to keep the password chosen by him secret. PS-CONNECT will not pass on the password to third parties, will only use it for the registration process and will not ask the user for the password at any time – apart from the registration process. For security reasons and to prevent misuse, the user is recommended to change his password at regular intervals. The backup and storage of the access data to the PS-CONNECT member account (in particular the password) is the sole responsibility of the user.
2.8 Each user may only create one user profile. The user may not allow third parties to use their own user profile.
3. Right of withdrawal for consumers
Cancellation
Withdrawal
You have the right to revoke this contract within fourteen days without giving reasons. The revocation period is fourteen days from the date of conclusion of the contract. To exercise your right of withdrawal, you must inform us
Conscious Content GmbH & Co. KG
Scheinerstr. 19,
81679 München
Phone: +49 171 48 63 920
E-mail: info@conscious-content.de
by means of a clear declaration (e.B. a letter sent by post or e-mail) of your decision to revoke this contract.
To comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the expiry of the revocation period.
Consequences of revocation
With the revocation you obtain the immediate deletion of your user profile and all data collected with the attachment. Your access to the social network will be made impossible.
Exclusion of the right of withdrawal:
The right of revocation does not exist if you are acting in the predominant exercise of your commercial or independent professional activity when concluding the legal transaction and you are therefore to be regarded as an entrepreneur (§ 14 BGB).
The right of revocation vis-à-vis PS-CONNECT does not apply to such contracts that are not concluded between you and XING, but between you and a third party. Any rights of revocation can only be asserted against the third party in this regard.
Other important notes:
You expressly agree that we will begin to perform the service before the end of the withdrawal period.
4. General obligations of the user and special provisions for the use of the social network
4.1 The user is obliged to:
• (a) to provide only true and non-misleading information and to use his real name and not pseudonyms or stage names;
• (b) to use as a profile picture in the user profile within the framework of the social network only such a photo on which the user is clearly and clearly recognizable. The user shall ensure that the public reproduction of the profile photo transmitted by him on the PS-CONNECT entities is permitted under applicable law.
• (c) to comply with applicable law and all rights of third parties when using PS-CONNECT and the content on the PS-CONNECT Entities. In particular, the user is prohibited from:
- o use offensive or defamatory content, regardless of whether this content relates to other users, PS-CONNECT employees or any other person or company;
- o Use of pornographic, violent, abusive, immoral or youth protection law infringing content or advertising, offering and/or distribution of pornographic, violent, abusive, immoral or youth protection law infringing goods or services;
- o Unacceptable harassment of other users, in particular through spam (see Section 7 of the German Act Against Unfair Competition – UWG);
- o Using content protected by law (e.g. by copyright, trademark, patent, design or utility model law) without being entitled to do so, or advertising, offering and/or distributing goods or services protected by law, likewise without being authorized to do so; or
- o engaging in or promoting anti-competitive activities, including progressive solicitation (such as chain, pyramid or pyramid schemes);
• (d) refrain from the following harassing activities, even if they do not specifically violate any law:
o sending chain letters;
o Implementation, advertising and promotion of structural sales measures (such as multi-level marketing or multi-level network marketing); such as
o Engaging in suggestive or sexual communication (explicit or implied).
4.2 The following actions are prohibited for the user:
• (a) Use of any mechanism, software or script in connection with the use of the PS-CONNECT Entities. The direct or indirect advertising or distribution of such mechanisms, software or scripts is also prohibited. However, the user may use, advertise or distribute interfaces or software authorized by PS-CONNECT;
• (b) blocking, overwriting, modifying, copying other than as necessary for the proper use of PS-CONNECT;
• (c) Distribution and public communication of content of the PS-CONNECT Entities or other users, unless this distribution and public communication is intended within the framework of the respective PS-CONNECT application or the other user has consented to the distribution and public communication; and or
• (d) any action that is likely to impair the functionality of the PS-CONNECT infrastructure, in particular to overload it.
4.3 PS-CONNECT is not obliged to make data and/or information provided by the user available to other users if this data and/or information is not in line with sections 4.1 and 4.2. PS-CONNECT is entitled to remove impermissible data and/or information from the PS-CONNECT Entities in accordance with Sections 4.1 and 4.2 without prior notice to the user.
5. Changes to the services and the General Terms and Conditions
Changes in Services
5.1 PS-CONNECT reserves the right to change the services offered on the PS-CONNECT Entities or to offer different services, unless this is not reasonable for the user.
5.2 PS-CONNECT also reserves the right to change the services offered on the PS-CONNECT Entities or to offer different services,
• (a) insofar as PS-CONNECT is obliged to ensure that the services offered by PS-CONNECT comply with the law applicable to the services, in particular if the applicable legal situation changes;
• (b) insofar as PS-CONNECT thereby complies with a court judgment directed against PS-CONNECT or an official decision;
• (c) to the extent that the respective change is necessary to close existing security gaps;
• (d) if the change is merely beneficial to the user; or
• (e) if the change is of a purely technical or procedural nature without any significant impact on the user.
5.3 Changes with only an insignificant influence on the functions of PS-CONNECT do not constitute changes in performance within the meaning of this clause. This applies in particular to changes of a purely graphic nature and the mere change in the arrangement of functions.
Changes to the Terms and Conditions
5.4 PS-CONNECT reserves the right to change these GTC at any time without stating reasons, unless this is not reasonable for the user. PS-CONNECT will notify the user of changes to the GTC in good time. If the user does not object to the validity of the new GTC within six (6) weeks after notification, the changed GTC are deemed to have been accepted by the user. In the notification, PS-CONNECT will inform the user of their right to object and the importance of the objection period.
5.5 PS-CONNECT also reserves the right to change GTC,
• (a) if the change is merely beneficial to the user;
• (b) if the change is purely technical or procedural, unless it has a significant impact on the user;
• (c) insofar as PS-CONNECT is obliged to ensure that the GTC comply with applicable law, in particular if the applicable legal situation changes;
• (d) insofar as PS-CONNECT thereby complies with a court judgment directed against PS-CONNECT or an official decision; or
• (e) insofar as PS-CONNECT introduces additional, completely new services, services or service elements that require a service description in the General Terms and Conditions, unless the previous usage relationship is adversely changed as a result.
PS-CONNECT will provide information about such changes to the GTC, for example on the PS-CONNECT Entities.
5.6 With regard to products that are booked individually and are not offered as part of a continuing obligation (e.g. the booking of advertising or the setting up of an event), a separate contract is concluded for each booking, the additional conditions of which may apply separately before booking in individual cases are displayed. The relevant contract terms and services are subject to change for future bookings independently of the service change requirements set out here.
5.7 The user’s right of termination according to Section 7 remains unaffected by any changes to the services or general terms and conditions according to this provision.
6. Term, Termination of Contract, Sanctions
General
6.1 If there are no special provisions regarding the term and termination of individual applications or PS-CONNECT memberships in individual cases, the contractual relationship can be terminated by either party at any time.
Free Membership
6.2 The user and PS-CONNECT can terminate the free membership at any time without giving reasons. To protect the user against unauthorized deletion of his user profile by third parties, PS-CONNECT can carry out an identity check upon termination, e.g. by querying the user name and an e-mail address registered on the PS-CONNECT entities.
Termination and blocking for good cause
6.3 Even if there are special provisions on the term and termination, both parties have the right to extraordinarily terminate the contractual relationship at any time without notice if there is an important reason. An important reason for extraordinary termination exists if the continuation of the contractual relationship until the end of the statutory period of notice is not reasonable for the terminating party, taking into account all the circumstances of the individual case and weighing the interests of both parties. The following events in particular are important reasons for XING:
• (a) User’s failure to comply with any applicable law;
• (b) User’s breach of its contractual obligations;
• (c) the reputation of the services offered on the PS-CONNECT Entities is significantly impaired by the presence of the user (e.g. if, after the user has registered, it turns out that the user has been convicted of an intentional criminal offense and other users this conviction is known);
• (d) the user promotes associations or communities – or their methods or activities – which are monitored by security or youth protection authorities;
• (e) the user harms one or more other users; or
• (f) the user is a member of a sect or a religious community that is controversial in Germany.
6.4 If there is an important reason according to Section 7.4, PS-CONNECT can also impose the following sanctions on the user, regardless of a termination according to Section 7.4:
• (a) deletion of content posted by the user;
• (b) blocking access to the service of the PS-CONNECT Entities or individual applications; or
• (c) issuing a warning.
7. Responsibility for content, data and/or user information, availability
7.1 PS-CONNECT assumes no responsibility for the content, data and/or information provided by the users of the PS-CONNECT Entities or for content on linked external websites. In particular, PS-CONNECT does not guarantee that this content is true, fulfills a specific purpose or can serve such a purpose.
7.2 If the user notices any illegal or non-contractual use of the PS-CONNECT Entities (including the use of pseudonyms or deceptive identities), he can report this.
7.3 With regard to data or content that is or was publicly available in accordance with the terms and conditions, the data protection regulations of PS-CONNECT or the settings of the user and was stored by a third party, PS-CONNECT is not obliged to prevent such storage by the third party.
7.4 PS-CONNECT only offers the user a platform and generally does not participate in the content of communication between users. This does not apply if PS-CONNECT moderates a group itself in individual cases. If the users conclude contracts with each other via the PS-CONNECT Entities, PS-CONNECT is not involved in this and is therefore not a contractual partner. The users are solely responsible for the processing and fulfillment of the contracts concluded among themselves. PS-CONNECT is not liable for breaches of duty by users arising from the contracts concluded between users.
7.5 The user acknowledges that 100% availability of the PS-CONNECT Entities is not technically feasible. However, PS-CONNECT endeavors to keep the PS-CONNECT entities available as constantly as possible. In particular, maintenance, security or capacity issues as well as events that are not within the control of PS-CONNECT (such as disruptions to public communication networks, power failures, etc.) can lead to disruptions or the temporary suspension of the service on the PS-CONNECT lead entities.
8. Liability of PS-CONNECT
8.1 PS-CONNECT has unlimited liability for damage resulting from injury to life, limb or health that is based on a breach of duty by PS-CONNECT, a legal representative or vicarious agent of PS-CONNECT and for damage caused by the lack of one of PS-CONNECT’s CONNECT guaranteed quality or in the case of fraudulent behavior on the part of PS-CONNECT. Furthermore, PS-CONNECT has unlimited liability for damage caused intentionally or through gross negligence by PS-CONNECT or one of its legal representatives or vicarious agents.
8.2 In the event of a breach of essential contractual obligations caused by slight negligence, PS-CONNECT shall be liable, except in the cases of Section 8.1 or 8.3, in the amount limited to the foreseeable damage typical of the contract. Essential contractual obligations are abstractly such obligations, the fulfillment of which enables the proper execution of a contract in the first place and on the observance of which the contracting parties can regularly rely. For the rest, liability on the part of PS-CONNECT is excluded.
8.3 Liability under the Product Liability Act remains unaffected.
9. Privacy
9.1 Collection, processing and/or use of personal data only takes place if the user has consented or if this is permitted by law. Personal data is used on the basis of legal permission, in particular in connection with the fulfillment of contractual obligations by PS-CONNECT towards users. PS-CONNECT offers the user a variety of functions that are individually adapted to them (e.g. PS-CONNECT provides certain information, offers, recommendations and services on the basis of collected data and promotes interaction in the user’s network). In order to be able to provide the services, it is necessary to process and use the user’s personal data.
9.2 PS-CONNECT offers users the opportunity to transmit all or part of their personal data to other users or to revoke access to the data. The transmission of this data is at your own risk.
10. Governing Law, Venue and Miscellaneous
10.1 PS-CONNECT can use subcontractors. Even if subcontractors are used, PS-CONNECT remains responsible for fulfilling the obligations assumed by PS-CONNECT.
10.2 PS-CONNECT is entitled to transfer rights and obligations in whole or in part to third parties.
10.3 PS-CONNECT can send declarations to the user by e-mail or letter, unless otherwise regulated in the GTC. In addition, PS-CONNECT can make declarations to the user by sending a message to the user’s private PS-CONNECT mailbox, which is part of the user’s PS-CONNECT membership.
10.4 We do not participate in a dispute settlement procedure before a consumer arbitration board.
10.5 The place of fulfillment is the seat of Conscious Content GmbH & Co. KG.
10.6 The place of jurisdiction for merchants within the meaning of the German Commercial Code (HGB) is the registered office of Conscious Content GmbH & Co. KG.
10.7 German law applies to the exclusion of international private law and the UN sales law adopted into German law. The mandatory consumer protection law of the country in which a user has his habitual residence remains unaffected.
