Terms of Service
By operating this Portal, mapolis shall provide:
- Network and navigator for the construction and real estate industry
- Connecting the traditional real estate world with web 2.0
- Addressing all economic branches and people dealing with development, planning, construction, usage, operation, selling of real estate
- Online image and meeting point of the real estate industry for dialog, references and business within an industry related environment
- Finding help, information, partners and decision bases quickly and easily as well as getting found oneself
§ 2 Registration
(1) While for calling up the Platform’s content open to the public no registration shall be required, for an active participation in the platform a registration of the User shall be a precondition. There shall be no claim for a right to register. If mapolis accepts the User’s registration attempt, a user agreement between the respective registered User and mapolis shall be agreed upon. Transferring this user agreement to any third party shall not be permitted to the User. Multiple registrations shall not be permitted.
(2) The User shall have no legal claim on getting registered.
(4) Registering shall require stating a valid e-mail address, a user name (first and last name) and sex, his or her categorization in a professional group and specifying a password. Within the scope of his or her registration every User shall be obliged to provide correct and full information, particularly not to violate the rights of third parties. A violation of the rights of third parties shall also be given if personal information of other data of third parties is used without their consent, e.g. name or e-mail address.
(5) Users shall be obliged to keep the password specified during registration to themselves and to not forward it to any third party. Each registered User shall be obliged to immediately inform mapolis in case of password loss or any unauthorized use of his or her access information. mapolis shall not make the password specified during registering a member account available to any third party, neither shall mapolis ask for revealing the password via telephone, e-mail or within the platform.
(6) Registered Users shall be responsible for confidentially treating access information made available to or chosen by them (especially the password) and shall be liable for any damage arising due to culpably violating these duties of care.
§ 3 Costs
(1) Registering on the platform and usage shall be free with the basic account.
(2) mapolis shall reserve the right to charge a fee for certain services on the platform. In this case the Users shall be informed accordingly in advance. mapolis shall reserve the right to integrate advertisements.
§ 4 Right of Withdrawal for Consumers
(1) Right of Withdrawal:
For consumers, the following regulations shall apply as defined by § 13 BGB (German Civil Code):
The User shall be permitted to withdraw his or her registration in writing within two weeks without giving any reasons (e. g. via letter, fax or e-mail). The period shall start with unlocking the membership through mapolis, however, by receiving these instructions at the earliest.
The period shall begin with receiving these instruction in writing, however, not before the agreement has been made and also not before the fulfillment of the duty to inform through mapolis as laid down in § 312c par. 2 BGB in conjunction with § 1 par. 1, 2 and 4 BGB-InfoV. For considering the withdrawal period to be met dispatching the withdrawal in due time shall be sufficient. Withdrawal shall be addressed to: mapolis AG, Rosenheimer Straße 139, 81671 Munich, Germany, or through e-mail to firstname.lastname@example.org
(2) Premature expiration of the right of withdrawal:
The User’s right of withdrawal shall expire as laid down in § 312d par. 3 BGB (German Civil Code) already before the expiration of the two-week withdrawal period, when mapolis has started rendering services with the User’s explicit acknowledgement or when the User has initiated the rendering of services himself or herself.
(3) Consequences of a withdrawal :
In case of a valid withdrawal any services received from both sides shall be granted back within the scope of legal regulations and any usages benefitted from (e.g. interests) shall be handed out. In case the User is unable to grant back received services to mapolis or if those services are granted back in a bad state, he or she shall pay a compensation. Any obligations for making payments shall be met by the User within 30 days after dispatching his or her statement of withdrawal.
§ 5 User generated Content
(1) Users may upload texts, pictures or other type of content (hereinafter called “Content”) onto the platform within the scope of provided services.
(2) The data shared by the Users connected with their profiles shall have the purpose of representing the respective User in terms of participating in the Platform. The User shall decide about the way his or her user profile is displayed. mapolis shall only use the data shared for the purpose of profile presentation and shall provide an input mask to be used by the Users.
(3) Users shall bear full responsibility for any content uploaded within this scope. Information provided by the Users shall not be checked before publishing by mapolis in terms of content, correctness or conformity with the law.
(4) Users shall determine themselves which pictures are supposed to be used for a profile and shall make these available to mapolis to be published on the Platform. Users shall be obliged to not upload any pictures onto the Platform or in their profiles containing pornographic, inhuman, racist or offending depictions. mapolis shall not pre-check any uploads in terms of their content. The User shall grant mapolis the right to use pictures shared as profile pictures as user profiles and in mapolis own publications (online and offline).
(5) Also with registered Users uploaded content shall only be stored for the purpose of operating the Platform. However, the user contract shall not refer to providing storage space or storing content within the interest of uploading Users. mapolis shall be permitted to delete content without any prior notice – e.g. due to reasons of capacity or topicality – without claims arising in favor of the Users. Users shall be responsible for storing any content they wish to have access to permanently.
§ 6 Copyrights
(1) Users shall be obliged to stick to applicable legal copyright regulations when creating their profile or other content. Users shall be obliged in particular to use only their own texts, pictures or videos or those they own publishing rights of.
(2) By uploading texts, pictures or other content the User shall grant mapolis all exploitation and usage as well as other rights not exclusively, yet unlimited in terms of time and space, used for reproduction, distribution, transmission, copying, making accessible and taking from the database and calling up the content made available by the User to the Platform, but also in print media and online media of all kinds, especially the Facebook fanpage operated by mapolis in connection with the Platform required to fulfill the agreement. This shall also comprise the unlimited right of mapolis for use for the purpose of self-advertising such as within the scope of a reference archive or for presentations. Aforementioned granting of rights shall particularly contain the use as content of e-mail newsletters as well as publishing via a visual window system (so-called widget) controlled by mapolis on other online platforms. Within the required scope of usage as laid down in the sentence before the material may also be processed, copied, distributed, made accessible to the public, transmitted and used or exploited in any other way by mapolis. Within the scope of provided services uploaded material may be depicted, emphasized and evaluated in an editorial manner.
(3) The User shall refrain from decompiling, developing back, disassembling or producing derivatives of services or parts of them, changing, modifying or deducing the source code in any other way or rent out, lease or transfer rights on these services in any other way.
§ 7 Contentual Contributions
(1) Rules of a good and respectful conduct among Users shall apply. No user shall violate morality or legal prohibition or the rights of third parties (e.g. privacy, copyright, personal rights, right to a name, trademark rights etc.) using material he or she has made available to others via the provided services. In particular Users shall not be allowed to distribute, neither directly nor indirectly, pornographic or youth impairing material or material which glorifies violence or turns out to be an incitement of popular hatred, material which invokes committing crimes or turns out to be instructions on how to commit crimes, or material that hurts the political, world view-related or religious feelings of third parties. To the Users the decisions and regulations provided by mapolis and their agents specifying which kind of behavior or content violates aforementioned basic principles, shall be binding.
(2) The following exemplary selected content and actions shall not be published via the platform and/or distributed or carried through. mapolis shall reserve the right to check anyone and to carry through suitable actions against him or her who violates these regulations as interpreted by mapolis alone. This also means deleting this type of contents and an immediate exclusion of the User from the platform’s services.
Forbidden content and actions shall comprise, but shall not be limited to, content and actions which (are)
- Obviously offensive and those supporting right-wing radicalism, racism, fanaticism, hatred or physical violence of any kind against any group or individuals;
- Molest another person or support in molesting another person;
- Support sexual or violent exploitation of people;
- Support information that are false or misleading and support illegal activities or behavior that are offensive, threatening, obscene, defaming or calumnious;
- Support criminal activities or undertakings or contain instructions for illegal activities;
- Are unwanted advertising of products or services and/or the use of data for distributing advertisement for the purpose of direct marketing, especially Spam as specified in § 7 par.2 Nr.3 UWG (Unfair Competition Code);
- Excessive use of the platform without mapolis’ acknowledgement or their agents;
- Violate any other domestic or foreign applicable law.
(3) mapolis shall not carry through any preliminary evaluation of content uploaded by individual Users.
(4) When using the provided service, no User shall dispatch or make use of data carriers operated by mapolis to store data suitable in terms of type, size or quantity that have a negative effect on the functioning of the computer systems of mapolis, any connected companies or third parties or that violate their rights (e.g. viruses, Trojans, Spam e-mails etc.).
(5) As soon as mapolis learns of such a violation of these or applicable laws, mapolis may make use of the rights laid down in § 10.
§ 8 Electronic Attacks
(1) Electronic attacks of any kind aimed at the portal/the network or individual Users are hereby strictly prohibited. Any kind of electronic attack shall result in an immediate exclusion of the respective User(s) and shall be prosecuted as far as possible.
(2) Electronic attacks shall be, but are not limited to, the following:
- Hacking attempts, i.e. attempts to break through the Portal’s security barriers or to make them ineffective through any kind of attack
- Deployment of computer programs for automatic readout of data, such as Crawlers (alias Spiders or robots, in short: Bots)
- The deliberate use and/or distribution of viruses, worms, Trojans
- Use of links, programs or other methods that could or are intended to damage the operator’s Platform/database/network or individual Users
(3) As far as the User is of full age he or she shall be obliged to pay an all-inclusive contract penalty to be specified by the operator as he reasonably sees fit and to be investigated by the district court in charge in the event of a case of at least EUR 5,000.00 (in words: five thousand Euro) for each case of culpable violation of the prohibition of electronic attacks (par. 1 and 2) upon the operator’s first request.
(4) The previous paragraph 3 shall also be valid for Users that are not of full age yet but possess the required capacity to understand along with criminal responsibility.
(5) Furthermore, the User shall be obliged, as far as he or she is of full age, to hand in a common declaration of cease and desist along with the threat of paying contract penalty containing the following (laid down individually on a case-by-case basis) obligations immediately after being requested to do so by mapolis following legal standards in case of a violation of the prohibition of electronic attacks (par. 1 and 2):
- To desist immediately the electronic attack in question or to undertake another similar electronic attack.
- To desist immediately to forward data gained through the electronic attack to third parties.
- To inform mapolis comprehensively in writing about which third parties (name, address, full contact data) have already learned about the data gained and when and how.
- To completely and fully delete all available digital data gained through the electronic attack from all available data carriers as well as to completely destroy any analog data (e.g. documents, recordings, hardcopies etc.) so they cannot be reproduced anymore.
- To hand in an affirmation in lieu of an oath to the operator about the deletion and destruction carried through, signed in a legally binding manner.
- To remain absolute silent about all data gained, the declaration of cease and desist and the affidavit as well as all internal concerns the attacker has gained knowledge of – especially in online forums, blogs or when dealing with the press –, an exception being that revealing individual pieces of information to authorities due to public regulations is mandatory in order to observe legal claims towards courts.
§ 9 Administrative Rights
(1) mapolis shall reserve the right to temporarily limit the platform’s functionality partially or completely for administrative purposes. In order for the network to be improved based on User requirements, mapolis shall be entitled to take parts of the platform offline or to amend it. There shall be no claim for keeping functionalities the way the User was confronted with at the time of registration.
(2) mapolis shall also be entitled to temporarily limit functionalities to be able to efficiently counteract legal violations. These limitations shall particularly include a temporary or permanent ban or exclusion of individual Users or sections.
(3) Content reported to be inappropriate by Users shall be checked by mapolis and may be deleted immediately in case of a positive result without discussing this issue with the User responsible for the upload.
§ 10 Cancelling and Deactivating a User Account
(1) The user as well as mapolis shall be entitled anytime to cancel the user agreement properly with a period of one day to the end of a calendar week.
(2) Apart from that, mapolis may take the following measures in case of concrete indication for a User violating legal regulations, the rights of third parties, these terms of business, especially§§ 5 through 8, or when mapolis has a legitimate interest in protecting other users from fraudulent activities:
- Warning members
- Limiting the use of the platform
- Temporary ban
- Permanent ban
mapolis shall consider the legitimate interests of the User in question through choosing respective measures, especially if there are indications that he or she did not commit the violation on purpose.
(3) Any rights beyond this in terms of termination for exceptional reasons shall explicitly be left to the parties. In particular, mapolis shall be entitled to cancel the user contract without keeping a period and to deactivate the User’s account in case of grave or sustainable violations of these terms of business from the User’s side.
§ 11 Disclaimer
(1) mapolis shall not be liable for information and data provided by third parties. This shall apply especially to the completeness, correctness, freedom of third party rights or conformity with legal regulations or other binding regulations.
(2) mapolis shall only be liable as far as mapolis, mapolis agents and/or legal representatives have conducted deliberate behavior or behavior characterized by gross negligence. This shall not apply as far as important duties of the agreement have been violated by mapolis or their agents and/or legal representatives.
(3) In case of light negligence mapolis and/or mapolis agents and legal representatives shall not be liable in case of economic loss in terms of damage, especially consequential harm caused by a defect or untypical damage.
(4) mapolis shall not be liable for the functionality of provided services. In particular no responsibility shall be held for errors, omissions, interruptions, deletions, defects, lags during operation or transmissions, downtimes of communication lines as well as unauthorized access to or theft, destruction or changes of user messages. mapolis shall not be responsible for any problems or technical trouble connected with telephone networks or lines, online systems, servers or providers, computer equipment, software as well as outages due to technical problems or data jam on the Internet and/or any of the services or a combination of the aforementioned. mapolis shall also not be liable for transmission and/or transmission in due time of information, data, e-mails and other messages.
§ 12 Place of Jurisdiction
(2) Place of fulfillment shall be Munich.
(3) Place of jurisdiction for merchants as defined by the Handelsgesetzbuch (HGB) (Civil Trade Code) shall be Munich.
(4) German law shall apply under exclusion of international private law and the United Nations Convention on Contracts for the International Sale of Goods integrated into German law.