Terms & Conditions

 

Connou is a social network that offers students a digital platform to meet other students, exchange ideas, upload photos and spend their student lives in company. Connou is keen to ensure that the platform is and remains a safe place. Of course, this is also in your interest. By using the platform, you agree to be bound by our Terms and Conditions, Connou’s Community Guidelines and our Safety Tips (“TOS”). When we refer to Connou, we are referring to www.connou.de and affiliated websites and apps.
These TOS constitute a legally binding agreement between you as a user (“you”) and Connou (“we” or “us”). Connou UG i.G., Birkenhof 2, 72144 Dußlingen, Federal Republic of Germany, registered in the Commercial Register of the Local Court of Tübingen under HRB **** (hereinafter referred to as “Connou”) and the users who use Connou services (hereinafter referred to as “users”) and define the terms and conditions under which the use of Connou services takes place.
These T&Cs apply whenever you visit Connou, whether you register with us or not. Please read them carefully. By accessing Connou, registering or using the services offered, you agree to be bound by the TOS.

IF YOU DO NOT ACCEPT OUR TERMS AND CONDITIONS OR DO NOT AGREE WITH ANY PART OF THEM, YOU MAY NOT ACCESS OR USE OUR WEBSITE OR APP.

1. scope of application
The terms and conditions set out here apply to the use of the Connou website and the Connou UG mobile apps, as well as to all Connou UG websites that refer to these terms and conditions. Deviating regulations and in particular conditions of the user that conflict with the terms and conditions require the express consent of Connou in text form.
These General Terms and Conditions together with the Content and Conduct Guidelines and any additional terms and conditions concluded between the user and CONNOU form the Terms and Conditions of Use.

2. conclusion of contract, beginning of contract

a. The contract between Connou and the user is concluded by the creation of a user account by means of the free registration by the user on the website or the respective mobile apps.

b. The user can make the free registration by filling in the registration form. The user can register via connect functions of third-party providers (e.g. Facebook Connect). In this case, selected data from the respective profiles of the user are transferred to the Connou database. When registering via the Connect functions, the user agrees to the respective terms and conditions of the third-party providers and thereby consents to certain data being transferred to the Connou database.

c. Connou reserves the right to refuse the registration of users for factual reasons. Such reasons are in particular: Violation of the Terms of Use, fraud prevention, doubts about identity, suspicion of SPAM, doubts about age, deception, registration from markets where Connou is not available. Connou may also make registration subject to further steps, including identification or SPAM prevention steps.

d. The use of the service is free of charge and is financed by advertising and our partners, e.g. universities.
e. Only one user account may be created per user. Existing user accounts must be deleted before a new user account can be registered. Multiple registration and re-registration for users blocked by Connou is prohibited.
f. Use is permitted for natural persons over the age of 16 who are enrolled at a higher education institution.
g. Use is not permitted for sex offenders. These are persons who are registered as “sex offenders” in the USA or who have been convicted of sexual offences (Sections 174 to 180 or Section 182 of the German Criminal Code (StGB) or Sections 180 a, 181 a, 183 to 184g of the German Criminal Code (StGB)) or of offences which are also particularly relevant for the protection of children and young people (Sections 171, 225, 232 to 233 a, 234, 235 or 236 StGB) or their respective regional equivalents.
h. WE DO NOT CONDUCT CRIMINAL BACKGROUND CHECKS, but will, if there is reasonable suspicion, evaluate publicly available information to ensure that there has been no breach of our Terms of Use.
3. services provided by connou
a. The Connou Community
Connou operates a social network community on the internet with the Connou App and website and offers the user access to a database through which users can get to know each other for the purpose of building partner and friendships. The database can be accessed at connou.de (representing all domains referring to it) and through the mobile apps for IOS and Android devices. The database contains profiles with photos and information about other users. Registered users can access these profiles and information and contact other users. Connou allows its registered users to use the offered product and service portfolio in compliance with the legal provisions and the terms of use to upload, store, publish, distribute, transmit and share content with other users.
d. Security, Scope and Availability
Connou may change the operation and scope of the Connou Platform at any time. In case of discontinuation of essential functions of the Connou platform, the user has a special right of termination.

4 Commercial use of our accommodation service

1. direct or indirect commercial or freelance use of the app may only take place with the prior express consent of Connou. Commercial use of the app generally requires the conclusion of a separate agreement between the user and Connou. Commercial use is generally excluded, as the free character of the service is paramount. All commercial offers must provide benefits to users, in the form of e.g. residential properties with reasonable prices. Real estate agents in particular are to be regarded as commercial or freelance users of the app. Brokers in the sense of the GTC are: a) Intermediary and reference brokers, i.e. persons who act commercially against payment of a commission, as well as other commercial housing intermediaries, such as in particular housing associations, property developers, housing cooperatives, operators of so-called “housing lists” and databases. b) Commercial job intermediaries and similar providers.

It is prohibited to directly or indirectly indicate so-called value-added numbers (e.g. numbers with the prefix 0900, 0180X, 0190X, 11XXX) in the app or to refer to them in any way, whether by direct display or by the announcement of a telephone service, by e-mail or by other notification of the user. This also applies mutatis mutandis to so-called fax-on-demand numbers. Connou reserves the right, in the event of a breach, to delete the advertisement in question without warning and to block the user. 3.
In the event of a breach of paragraph 2, Connou is entitled to demand information from the user about the amount of his profits from the value-added number or fax-on-demand number. Connou expressly reserves the right to assert claims for damages, in particular for non-material damages (e.g. image damage).
The placement of advertisements which directly or indirectly involve brokerage costs, (estate agent) brokerage fees, increased telephone costs or other costs or fees is prohibited. It is also prohibited to directly or indirectly advertise other products or services in an advertisement. 5.
If commercial advertisements are placed without the consent of Connou, Connou is entitled to delete these immediately and to demand from the user a customary and appropriate remuneration per advertisement and advertisement day plus a contractual penalty which corresponds to five times the customary and appropriate remuneration and plus the respectively valid statutory value added tax. In determining the customary and reasonable remuneration, Connou’s offers for the commercial use of the App may be used. 6.
To the extent that Connou is entitled to claims under paragraph 5, the user is obliged to indemnify Connou from extrajudicial legal costs incurred in the pursuit of these claims.
7. insofar as Connou is entitled to a claim in accordance with para. 5, Connou is entitled to withhold any counterclaims of the user until the due claims of Connou have been settled in full.

7. termination of the user account by the user
a. The user may terminate his/her user account at any time without notice.
b. The user may terminate his user account by deleting his user account or by giving notice in text or written form. To delete his user account, he will find a corresponding account deletion function in his account settings on the website and in the mobile apps. Cancellation in text form (by fax and e-mail) or in writing (by letter) is also possible. When cancelling an account, the user must provide the e-mail address that he or she has stored with his or her user account, otherwise it will not be possible to assign the account to the user.
8. termination of the user account by CONNOU
a. Connou can terminate the user account with a notice period of 2 weeks.
b. Connou may terminate a user account by notice in text or written form.

9. obligations of the user
a. True and accurate information, verification by CONNOU
(1). The user may use a pseudonym for the platform. If the user decides to enter information (e.g. details or pictures) into his user account, these must correspond to the truth and describe his personality accurately. In particular, information is inaccurate or untrue if the information posted does not identify the user or shows a person other than the user.
(2). The user shall ensure that he/she can be reached at the e-mail address provided during registration. The user shall keep the e-mail address registered with Connou up to date and communicate with Connou via this address. When communicating via e-mail, the user shall write from the address deposited with Connou in order to enable an allocation to a user account. If the user communicates from a different address or does not communicate by email, the user shall make arrangements to confirm authorisation to communicate with Connou from that address. Delays due to lack of information from the user will be at the user’s expense.
(3). The user undertakes to provide only his own details (including e-mail address) and not those of any other person. In particular, the user undertakes not to fraudulently provide bank details or credit card details of third parties.
(4). Connou may have the accuracy of the information provided by the user verified, if necessary, in order to ensure the identity of the user and the functioning of the platform. Upon request by Connou, the user will provide proof of identity or verification. In the event of refusal or non-verification, Connou is authorised to terminate the contract without notice.
(5) Connou checks via the user’s email whether the user is enrolled. The user is obliged to inform Connou as soon as he/she is de-registered.

b. Conduct of the user and user content, granting of rights of use
(1). The user is obliged to behave on the Connou platform in accordance with our Community Guidelines.
By using the Service, he/she agrees that he/she will:
– Not use the Service for any purpose that is illegal or prohibited by this Agreement.
– Not use the Service for any harmful or improper purpose.
– Will not use the Service to harm Connou.
– does not violate our Community Guidelines, as updated from time to time.
– Do not spam, solicit money from or defraud users.
– not impersonate another person or organisation or post pictures of another person without consent.
– not coerce, stalk, intimidate, attack, harass or defame any person.
– Does not post content that infringes or violates the rights of others, including publicity, privacy, copyright, trademark, contract or other intellectual property rights.
– Does not post content that contains hate speech, threats, sexually explicit or pornographic depictions; incites violence; or contains nudity or graphic or gratuitous violence.
– Does not post content that supports racism, bigotry, hatred or physical violence towards any group or person.
– does not solicit passwords from other users or use personal identification information for commercial or unlawful purposes of any kind, or disseminate another person’s personal information without that person’s permission.
– does not use another person’s account.
– does not open another account if we have already terminated his or her account, unless he or she has our consent.
This obligation is specified in the Community Guidelines. Connou is entitled, but not obliged, to delete or terminate user content that violates these rules and to temporarily block the account of the responsible user or to terminate the contractual relationship.

(2). The user grants Connou free, non-exclusive, transferable, sub-licensable rights (hereinafter “right of use”) to all content generated, transmitted, stored or published by him/her on the Connou platform (e.g. images, texts, comments, live video content) (hereinafter “user content”), unlimited in time, space and content, to use and exploit user content also with the aim of commercial marketing.
(3). The right of use includes the right to commercial and non-commercial use, including all forms of use that are currently unknown but will be known in the future. In particular, the right granted shall include the right of reproduction, distribution and exhibition, the right of communication to the public, including the right of lecture, performance and presentation, the right of making available to the public, the streaming right, the right of reproduction by means of image or sound carriers as well as the right of making available to the public (in particular via the Internet) and reproduction as well as all rights of the database producer pursuant to Section 87 b UrhG, including the right of reproduction, distribution or communication to the public and in particular the right of inclusion in database works. The granting of rights includes in particular the unlimited right to make the content designed by the user, in particular videos, graphics and texts, publicly accessible on the Connou website or in search engines and social media and to use it for advertising measures of any kind, as well as the right to edit and redesign it. If the content is used outside the apps of Connou UG or the Connou platform, the user is entitled to have his name mentioned as the author, in the form of the mention of his profile name stored in the user account and the reference to the Connou platform. In the case of use in the apps of Connou UG or on the Connou platform, the naming as author takes place within the framework of the usual manner for the platform.

(4). The user assures and guarantees that he is authorised to grant the right of use in this form to his user content and that he can freely dispose of it in the contractual form. In the event that the user becomes aware of any third party rights, the user shall immediately notify Connou thereof. The user hereby indemnifies Connou against any third party claims in this connection and reimburses Connou for the reasonable costs of legal defence.
d. Free use against provision of data
(1). In return for offering a free part of the platform, the user provides Connou with the profile and location data deposited as public in his user account, his usage behaviour, as well as device and network data in accordance with Connou’s privacy policy in pseudonymised form for advertising purposes.
(2). Connou may display to the user advertising offers from Connou and third party providers tailored to the user in accordance with the data protection declaration and use and pass on the aforementioned data for this purpose.
(3.) The user is entitled to object to the use of this data in the way described in the data protection declaration. Connou is then entitled to offer the user access to the previously free part of Connou in whole or in part for a fee or to reduce the scope of functions.
e. Private or commercial use
The use of the Connou platforms is only permitted for private purposes. In the event of unauthorised commercial use, Connou may terminate the user account extraordinarily and without notice.
f. User messages
The user will not send any private messages that are racist, offensive, discriminatory, harassing, defamatory, sexual, pornographic, glorifying violence or otherwise unlawful. This obligation is concretised by the Community Guidelines. Connou may check the User Messages for suspicion of SPAM for the purposes of the SPAM filter used by Connou and use them to train the SPAM filter.
g. Liability for the User Profile and Duties of Care
(1). The user sets access data, his e-mail address and a password for his account. The user must choose a secure password and not recycle the password with another service.
(2). The user is liable for all actions taken with his user profile. These access data may not be passed on to third parties, including spouses, life partners, relatives, friends, etc.. The access data must be kept protected from access by third parties. If there is reason to suspect that third parties have gained access, the access data must be changed immediately and possible misuse must be reported to Connou without delay.
(3). It is the responsibility of the user to make regular backups of his data.
(4). Connou cannot verify all the information provided by other users, as the information provided by other users can only be partially verified due to the extent of the information and the lack of identification of persons on the Internet. Even if a user is marked as verified, this does not mean that Connou has checked all the details of this person or that these are correct. It is the user’s responsibility to verify the details of another user before interacting with that user in the form of a chat conversation, a meeting outside the Connou platform or in any other way.

h. Prohibition of malware, phishing, SPAM and credit farming
(1). The user may not use his user account to send messages containing malware, phishing, SPAM or junk mail (e.g. unsolicited bulk messages, chain letters, unsolicited commercial messages) or to prepare illegal actions (such as for fraud or extortion).
(2). The user may not provide or use his user account for credit farming. He may not participate in credit farming. Credit farming occurs when the user creates or uses user accounts alone or with other users in order to collect free credits in a businesslike manner. Credit farming also occurs when Free Credits are obtained through manipulation, deception or exploitation of programming errors.

10. sanctions in case of violation of the terms of use by the user and contractual penalty
a. Connou may irrevocably remove User Content that violates the Community Guidelines. There is no entitlement to the restoration of information deleted by Connou. Connou may report User Content that violates criminal law to law enforcement authorities.
b. If the user violates these Terms and Conditions or the Community Guidelines, Connou may, depending on the severity of the violation
(1) warn the user,
(2) temporarily block individual functions of the Connou Platform for the user or the user’s account,
(3) permanently block functions of the Connou Platform for the user,
(4) permanently block the user’s account; or
(5) extraordinarily terminate the user account and prohibit renewed registration.  

The warning or blocking shall have the effect of a warning.
b. In determining the severity of the violation, Connou will take into account
(1) the user’s previous behaviour (such as previous warnings) and the user’s insight, (2) whether other users are affected and the number of complaints about this user, (3) the violation of applicable law
in an appropriate manner.
c. If the user repeatedly violates the terms of use despite having been sanctioned, Connou is entitled to terminate the user account extraordinarily and without notice for good cause.
d. If the user commits criminal offences with his user account, Connou is entitled to terminate the user account without warning for an important reason extraordinarily and without notice.
e. If Connou terminates the user account for a reason for which the user is responsible, the user must compensate Connou for the damage incurred.
f. A user who, through the Connou platform
(1) uses the platform without permission for commercial or business purposes,
(2) uses the platform to send messages which are prohibited under 9.h,
(3) deceives on the platform about his identity or pretends the identity of another person undertakes to pay to Connou a contractual penalty in the amount of 5,001 Euros. Any further claims by Connou remain unaffected.
11 Compensation for damages by the user in the event of a breach of his obligations
In the event of an intentional or negligent breach of its obligations, the user is obliged to compensate Connou or Connou’s legal representatives or vicarious agents for any damage incurred.

13. amendments to the general terms and conditions and the terms of use
a. Connou reserves the right to amend the General Terms and Conditions and the Terms of Use.
b. The user agrees to the application of the amended General Terms and Conditions (GTC) and Terms of Use to contracts already concluded prior to the amendment, if Connou notifies the user that an amendment to the GTC has taken place and the user does not object to the amendment within a period of two weeks, starting on the day following the notification of the amendment.
c. The notification of the amendment must once again contain a reference to the possibility and period of objection, as well as the significance or consequences of failure to object. It can be sent by e-mail to the e-mail address provided by the user. If the user objects to the validity of the new terms and conditions or conditions of use, Connou has a special right of termination.
14. dispute resolution
The EU Commission provides a platform for online dispute resolution (OS platform). This can be found here: www.ec.europa.eu/consumers/odr. Connou is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.
15 Applicable law, place of jurisdiction, special provisions for users outside Germany
a. The contractual agreements of the contractual partners are subject to the law of the Federal Republic of Germany.
b. Arbitration clause for non-consumers
(1). If the user is not a consumer, all disputes arising from or in connection with the Terms of Use or concerning their validity shall be finally settled in accordance with the Arbitration Rules of the German Institution of Arbitration (DIS), excluding recourse to the ordinary courts of law. (DIS), with the exclusion of the ordinary legal process.
(2). The arbitration tribunal shall consist of a sole arbitrator.
(3). The place of arbitration shall be Tübingen.
(4). The language of the proceedings shall be German.
c. Special provisions for users outside Germany
If the user has his habitual residence in a member state of the European Union, nothing in the terms of use shall restrict the user’s right to invoke the application of a mandatory local law or a court jurisdiction which cannot be changed by contractual agreements. In this case, the invalid provision shall be replaced by a valid and enforceable provision, the effects of which come closest to the economic objective pursued by the contracting parties with the invalid or unenforceable provision.
16. final provisions
a. Unless otherwise stipulated in these General Terms and Conditions, amendments to the contract, supplements and ancillary agreements must be made in text form by both parties in order to be effective. The text form requirement also applies to the waiver of this text form requirement.
b. Should individual provisions of this contract be invalid or unenforceable or become invalid or unenforceable after conclusion of the contract, the validity of the rest of the contract shall remain unaffected. The invalid or unenforceable provision shall be replaced by a valid and enforceable provision the effects of which come closest to the economic objective pursued by the contracting parties with the invalid or unenforceable provision. The above provisions shall apply mutatis mutandis in the event that the contract proves to be incomplete. In the event of discrepancies between different language versions, the German version shall prevail.