With eﬀect from 25.05.2019
Proudr has made it its business to support LGBTIQ+ people throughout Germany and beyond to network with each other in order to help them achieve even greater productivity and success. Our services are designed to provide our members with network and opportunities to giving them the opportunity to meet and exchange ideas, learning new things, discovering professional and business opportunities, finding employees and make decisions in a reliable network.
This agreement applies to the Proudr App and related websites, apps, communications and other services expressly oﬀered under this agreement („Services“). Registered users of our services are „Members“, unregistered users are „Visitors“. This agreement applies to both members and visitors.
UHLALA GmbH / Proudr
You enter into this agreement with UHLALA or UHLALA GmbH as the operator of Proudr (also referred to as „we“ or „us“). This contract applies to members and visitors.
Address and responsible person of the UHLALA GmbH:
1.2 Members and visitors
If you register for the services at Proudr or join by invitation, you are a member. If you do not register for our services, you will be able to access certain functions as a „Visitor“.
We can make changes to the contract.
2.1 Access to services
In this contract you assure us of the following: You are entitled to conclude this contract and have reached the required minimum age.The services are not intended for use by children under the age of 16.
In order to use the services, you agree to the following: (1) You are of „minimum age“ (as set forth below) or older; (2) you only maintain one account on the Proudr platform that you have created with your real name; and (3) you are not already restricted by the Proudr platform from using the services. Creating an account with false information is a violation of our policies, including accounts opened in the name of others or by persons under the age of 16.
The „minimum age“ is the age of 16. However, if the law requires that you be older in order for Proudr to be able to lawfully provide the services (including the use of your data) to you without parental consent, „minimum age“ means the corresponding older age.
2.2 Your membership
You will keep your password secret.
You will not share an account with others and will abide by our terms and conditions and the law.
Members are account holders. They agree to the following: (1) You strive to choose a strong and secure password; (2) You keep your password secret and confidential; (3) You do not transfer any part of your account to others (e.g. contacts); and (4) You comply with the law, the rules of conduct (what you do and what you are not allowed to do on the Proudr platform). You are responsible for all actions taken through your account, unless you have closed the account or reported abuse.
With respect to the relationship between you and other parties (including your employer), your account is yours. However, if the services have been purchased by another party for your use (such as an account provided by your employer), the party paying for the services has the right to control access to the services and your use of such paid services, but has no rights in connection with your personal account.
2.3 Costs / Payment
The use of Proudr is currently free of charge. We reserve the right to introduce a chargeable premium model as part of our business activities.
Proudr is responsible for registration, some of which is subject to a fee, for the events organised by UHLALA GmbH and oﬀered as part of our activities. Payment will be processed via an external service (details under section 4: Events).
2.4 Messages and news
You agree that we may send you notices and messages through our websites, apps and contact information. If the contact information you provide is not up to date, you may not receive important communications.
You agree that we may send you notices and messages in the following ways: (1) within the service or (2) to the contact address provided by you (e.g. e-mail address, mobile phone number, postal address). You agree to keep your contact information up to date.Please check your Proudr user settings to control and limit the messages you receive from us.
Newsletter: After registering with Proudr and being included in the Proudr community, you will automatically be placed on our newsletter mailing list. If you do not wish to receive the newsletter, you can unsubscribe at any time. For this purpose you will find a corresponding link in every newsletter.
If you share information about our services, other people may see, copy and use that information.
Our services allow you to share news and information in a variety of ways, including through your profile, links to news articles in the feed, event creation, and the messenger feature. Information and content that you share or post may be viewed by other members, visitors, or third parties (including, but not limited to, outside the services). We respect your choices about who can see what content or information (for example, the content of your messages or content shared with contacts, or whether others should be informed about updates to your profile).
We do not notify your network or the public of job search activities by default. So if you apply for a job through our services or indicate that you are interested in a job, we will keep this information confidential or share this fact with the job advertiser only at your explicit request / after your explicit release.
We are under no obligation to post any information or content on our services and may remove it at our sole discretion, with or without prior notice.
3 RIGHTS AND RESTRICTIONS
Ownership of your data on the Proudr platform
All content, feedback and personal information you provide to us is your property. However, for the duration of your membership, you grant us the right to publish the data you have entered/ imported within the framework of your member profile within Proudr. In your personal user settings, you have the option of activating or deactivating individual functions.
You may terminate this release for specific content by deleting such content from the services or closing your account, bearing in mind that (a) other persons may have copied, shared or stored content which has been shared on the services, and (b) we have a reasonable time to remove such content from backup and other systems.
By submitting suggestions or other feedback to Proudr regarding our services, you agree that we may use and share such feedback for any purpose without compensation to you (but are not obligated to do so).
You assure us that you will only provide us with information and content that you are permitted to pass on to us. You also warrant that the contents of your profile on the Proudr platform correspond to the facts.
You agree to provide only content and information that does not violate the law or the rights (including intellectual property rights) of others. Proudr may be required by law to remove certain information or content in certain countries.
3.2 Availability of services
We may change, suspend or terminate any services and change our prices in the future at our sole discretion. To the extent permitted by law, such changes will take eﬀect as soon as we notify you.
We reserve the right to change or terminate any part of our services. We do not undertake to store or continue to display any information or content you post.
3.3 Other content, websites and apps
You use the contents and information of other persons published on our services at your own risk.
Third parties may oﬀer their own information, events or services. We are not responsible for such third party activities.
Use of the services may expose you to content or information that is false, incomplete, late, misleading, unlawful, oﬀensive, or otherwise harmful. We cannot always prevent such misuse of our services. We do not review the content provided by our members or third parties. You agree that we are not responsible for the content or information of third parties (including other members). You agree that we are not responsible for any misuse. You also understand that you or your company may be inadvertently linked to content through third parties if we inform your contacts that you or your company have been mentioned in the news.
It is up to you to access the apps or websites of third parties that are accessible via a link on our services. If you allow a third-party website or app to authenticate you, that app or website may be able to access Proudr information associated with you and your contacts. Apps and third party websites are subject to their own terms and conditions and privacy policies. You may allow the operator to use your information in a manner that is diﬀerent from our practices. Proudr is not liable for these other websites and apps, except to a limited extent required by applicable law.The use of these websites and apps is at your own risk.
We may restrict your interactions and contacts through our services.
Proudr reserves the right to restrict your use of the services, including the number of contacts and ability to contact other members. Proudr also reserves the right to restrict, suspend or terminate your account if we believe that you are in breach of this agreement or the law or are abusing the services.
3.5 Intellectual property rights
We draw your attention to our intellectual property rights. Proudr reserves all intellectual property rights to the services. The use of the services does not mean that you have any ownership rights with respect to our services or the content or information made available through our services.The trademarks and logos used in connection with the services are trademarks of their respective owners.
Via Proudr you have the possibility to register for events of UHLALA GmbH or to book tickets with costs.
Members also have the possibility to create their own events in the feed or to refer to events. For events created in this way, it is not possible to register via the Proudr platform or book tickets for a fee. The booking is usually linked. UHLALA GmbH / Proudr is not responsible for the content of the events and the handling of payment.
By purchasing or registering for an event organized by UHLALA GmbH via the Proudr platform, a contract regarding the right to attend the event arises exclusively between the respective participant and the organizer.
The following terms and conditions apply to bookings via the Proudr platform for which a fee is charged:
The participant assures that he is of legal age at the time of registration.
The organizer submits an oﬀer for the conclusion of a sales contract with the information given for the respective event.
Immediately after the conclusion of the contract, the participant will receive a confirmation email confirming the conclusion of the purchase contract to the e-mail address specified by him in the profile. The participant is obliged to inform the organizer if he has not received this confirmation e-mail or has not received it in time.
The total purchase price is calculated from the price determined by UHLALA GmbH for the respective event registration and already includes the statutory turnover tax.In the case of registrations requiring payment, a confirmation of payment will be sent by e-mail to the e-mail address provided by the participant when placing the order after receipt of payment.
An incorrectly issued confirmation message and registration will be corrected by UHLALA GmbH. It is the participant’s responsibility to check the correctness of the confirmation message sent to them in order to arrange for a corrected confirmation message to be sent in good time before the start of the event.
The payment process is handled via the payment service Stripe. Stripe’s current data protection regulations can be found at https://stripe.com/de/privacy#translation.Invoice amounts are to be paid without deductions and in one payment transaction. Partial or installment payments are not permitted. A subsequent change of the payment method is not possible. If a payment cannot be allocated at all or on time due to missing or incorrect data, the booking is considered open and the space is therefore not reserved.
The registration is considered complete only with the complete receipt of payment. Payment must be received at the latest one working day before the start of the event. It is the participant’s responsibility to decide whether this is possible with regard to the booking date. Payment after the start of the event is possible in individual cases by prior arrangement.
Proudr reserves the right to set a payment date. Participants will be informed of this in the information on the event. If payment is not received on time, Proudr has the right to cancel the registration. The participant thereby loses his right to participate. UHLALA GmbH shall not be liable for any costs incurred by the participant as a result of registration or cancellation of registration due to non-payment.
Should fees or currency diﬀerences arise for payments from abroad, these must be borne in full by the participant.For cancellations, the deadlines communicated in the respective event announcement / Cancellation Policy apply.If an event is cancelled or postponed by UHLALA GmbH, the participant has the right of return and the right to reimbursement of the ticket price. The cancellation of registrations is regulated by UHLALA GmbH and is carried out via the refund function via the payment service Stripe. Contact can be made via the Proudr platform and the UHLALA GmbH website.
Without guarantee it is pointed out that the participant is only entitled to the legal right of withdrawal in Germany if the following conditions are fulfilled:
The event for which the participant acquires a registration takes place at a specific time or within a specified time frame and is not intended for the participant’s leisure activities
The participant acquires the registration as a consumer in the sense of § 13 BGB and not in the context of the exercise of his commercial or self- employed professional activity
The organizer organizes the event within the scope of his commercial or self-employed professional activity.
For events created by members, the booking conditions of the respective organiser apply. Proudr has no influence on them and is not responsible for the contents of these conditions. The participant himself is responsible for informing himself about any existing booking or general terms and conditions of the organiser before registering for an event.
5 DISCLAIMER AND LIMITATION OF LIABILITY
Disclaimer of warranty:
We are not responsible for the quality, safety or reliability of our services.
To the extent permitted by law, Proudr (and those with whom Proudr cooperates to provide the services) (a) disclaims all implied warranties and representations (e.g., warranties of merchantability, fitness for a particular purpose, accuracy of data and non-infringement of rights), and (b) does not warrant that the services will operate without interruption or error, and (c) provides the services (including content and information) „as is“ and „as available“.
Some laws do not allow certain disclaimers of warranties. Therefore, some or all of these disclaimers may not apply to you.
5.2 Disclaimer of liability
These are the limitations of liability that may apply to you.
To the extent permitted by law (and unless UHLALA GmbH has entered into a separate written agreement that supersedes this Agreement), UHLALA GmbH (and those with whom Proudr cooperates to provide the services) disclaims all liability to you or any other person for any indirect, incidental, consequential or punitive damages, or for any loss of data, opportunity, reputation, revenue or profit arising out of or in connection with the services (including, without limitation, any indecent or oﬀensive statements, downtime or loss or use of, or changes to, your information or content).
This limitation of liability is part of the basis of business between you and Proudr and applies to all liability claims (such as warranty, tort, negligence, contract or law). It will also apply if Proudr has been advised of the possibility of such damage and if such remedy does not achieve its intended purpose.
Some laws do not allow the limitation or exclusion of liability. Therefore, these limitations may not apply to you.
We can terminate this contract at any time.
Both you and Proudr may terminate this agreement at any time by notifying the other party. Upon termination, you lose the right to access or use the services. Upon termination, the following shall continue to apply:
We are entitled to use and disclose your feedback.
Members and/or visitors have the right to share content and information that you have shared through the service with others, provided that such content and information have been copied or shared prior to termination.Sections 4, 6, 7 and 8.2 of this treaty.
All amounts owed by either party prior to the termination of the other shall remain owed after termination.You can always send us a message to close your account. For account closures, please contact our team directly: team [at] proudr [dot] de
6 APPLICABLE LAW AND SETTLEMENT OF DISPUTES
In the unlikely event that a litigation should take place, it will take place on German soil and under German applicable law. The place of jurisdiction is Berlin.
7 GENERAL CONDITIONS
Here you will find important information about the contract.
If a court with competent jurisdiction over this agreement determines that any portion of this agreement is unenforceable, we and you agree to the court to amend the terms so that such portion is enforceable, with intent to remain unchanged. If the court is unable to do so, both parties agree to require the court to remove the unenforceable portion and continue to enforce the remainder of this agreement.To the extent permitted by law, the German version of this agreement shall be binding. Translations are provided for convenience only. This agreement (including additional terms and conditions that we will notify you if you use any particular feature of the services) is the only agreement between us with respect to the services and supersedes all prior agreements with respect to the services.If we do nothing to prevent a breach of this agreement, this does not mean that UHLALA GmbH has waived its right to enforce this agreement. You may not transfer this agreement (or your membership or use of the services) to any person without our permission. There are no beneficiaries in this agreement.You acknowledge that you will send legal notices to us only to the addresses listed in Section 9.
8 WHAT YOU MAY AND MAY NOT DO ON THE PROUDR PLATFORM (RULES OF CONDUCT)
What you can do:
Proudr is a community for LGBTIQ+ people and LGBTIQ+ supporters. These rules of conduct limit what you may and may not do within our services.
You agree to the following statements:
8.2 What you must not do
You agree that you will refrain from the following:
9 COMPLAINTS ABOUT CONTENTS / CONTACTING
We respect the intellectual property rights of others. Accordingly, this agreement requires that information posted by members is accurate and does not infringe the intellectual property or other rights of third parties.If you have any complaints, please contact our team directly: team [at] proudr [dot] de
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