General Terms and Conditions (GTC)

Important: This English language translation represents for our English speaking users an information service only. If there is a variance from the German version of this document (you can see here) only the German version is legally binding for users of one224.

§ 1 Conditions of Use

By registering with one224.com (e-deenreichtum Ltd.) - including all the available domains one224.com, socialadventing.de, adventyourfriend.de, etc. (hereafter referred to as one224) - the user accepts the following general terms and conditions (GTC) for the use of one224. The GTC govern the conditions under which the one224 services offered by the e-deenreichtum GmbH (as operating company) can be utilized by users. These apply regardless of the user’s role at one224 (e.g. giving calendars, receiving calendars, filling calendar windows, etc.) and irrespective of the one224 websites the user has registered with or logged on to.

§ 2 Range of Services

one224 offers its users an Advent calendar engine under a  sales contract to fill a blank online Advent calendar. Depending on the calendar version, the calendar windows can be filled with free photos, texts, hyperlinks to videos and others, taking copyright regulations into account (see also § 5 of GTC). Similarly, the calendar windows can be filled with gifts from affiliate partner stores. The filled online Advent calendar can then be made available in a password protected area for a third person.

The customer ( "initiator") can decide whether he want to give an online Advent calendar to a third person ("recipient") allowing him (or her) to access the password-protected area or whether he himself wants to create an online Advent calendar (" initiator " = " recipient"). It is possible to allow third parties ("fillers") to fill the calendar windows of one224 customers in both cases.

The one224-my page area, over which the one224 functionalities are being used, is available to users after payment and / or registration until 31st December of the respective year (the year, the caldedar was paid). The one224 Advent calendar will be reserved until 31.12. of the respective year. The calendar receiver will gain access to his/her individualised calendar from 1st December 2009 until 31st of the respective year. The online Advent calendar remains the property of one224. one224 is allowed to delete the calendar and its content uploaded by users after the using period from th1 st until the 31th of the respective year.

The one224 user fee is paid solely for the usage of the one224 Advent calendar engine. The offered window content (such as recipes, YouTube videos, etc.) is free of charge - excluding fee-based products that can be purchased on partner online shops (such as amazon.de). Payment is made by the initiator. The settlement of the payment can be made by Paypal or micropayment GmbH. one224 websites do not store data relating to payment processing. In the event of a user fee not being transferred, the user will be held liable for all resulting costs.

As it is up to each and every “filler” to choose the number of windows to fill, it is quite possible that no empty door will be left to fill at the time of the webpage visit (you2one+, world2one und friends2one). The filling of a calendar window cannot be claimed. one224 merely fulfills the role of a negotiator in the contracts between users and affiliate partners. For all purchases made from affiliate partners, the GTC and privacy statements of the applicable partner companies apply. As those carrying out the entire purchasing process, the affiliate partners are also contracts and contacts for users.
Technical or other amendments to a reasonable extent remain subject to the operator. 
The operator is entitled to incorporate online advertising and affiliate marketing under the one224 offers. one224 has the right to remove any illegal content without notice by the one224 sites, particularly from the calendars.

§ 3 Right of Withdrawal for one224 Customers

You can cancel your contract within two weeks by written notice (e.g. letter, fax, e-mail) or by returning the goods – in case you have received the goods before this deadline. The time limit begins after receipt of this written notification, but not before receipt of the goods by the consignee (in case of recurring deliveries of similar goods not before receiving the first partial delivery) and also does not fulfill our obligations as per § 312c Section 2 BGB in association with § 1 sections 1,2 and 4 of BGB-InfoVO and our obligations in accordance with § 312e Section 1 Clause 1 BGB in association with § 3 BGB-InfoVO. The timely dispatch or revocation of goods is sufficient to preserve the withdrawal period. Any revocation must be sent to:

Letters:

e-deenreichtum gmbh, Feldmann Strasse 10, 66119 Saarbrücken, Germany

FAX: +49 681 938 37 20

E-mail: info@one224.com

Consequences of Revocation: In case of an accepted cancellation the mutually received services and payments including any benefits from its use (e.g. interest) are to be returned. You may have to provide an appropriate compensation if you are unable to return all or part of received goods or if they are in a deteriorated condition. This is not applicable if the deterioration is solely due to a lack of possibility to inspect the goods - as you would in a store. Furthermore, you can avoid the obligation to pay compensation for a deterioration caused by inappropriately used goods by refraining from using the goods as your property and by refraining from doing anything which could impair their value. You may have to bear the costs for the return of correctly delivered goods if the price of the returned goods does not exceed the amount of 40€ or – if the price IS higher - if you haven’t yet made the payment or a contractually agreed partial payment at the time of revocation. Otherwise, the return is free of charge for you. Obligations to reimburse payments must be fulfilled within 30 days. The time limit begins for you with the dispatch of your declaration of withdrawal or the goods and for us with their receipt. Any installment agreement will lapse with your revocation.

Exception of the revocation rights

There is no right of withdrawal (according to § 312, section 4, no 1st BGB) for goods that are manufactured according to customer specifications or clearly tailored to personal needs.

§ 4 Costs of Revocation

If you are required to pay the return delivery costs, we will charge the costs for packaging and posting per returned goods.

§ 5 Guarantees

Legal warranty requirements apply.

 § 6 Responsibility of the User

 

By using one224 the one224 user commits

• to register in order to use the one224-functionalities and to truthfully and accurately state one’s personal information in the registration form and to be held liable for any damage or loss if false statements were made intentionally.
• to recognize that the range of functions of one224 is subject to change at any time and that by paying the charge no claims upon specific door filling tools or services can be made; is responsible for checking the filled windows on a regular basis to ensure that the content of the windows is as desired for the recipient of the calendar;  
• to appropriately choose the content of a window concerning the recipient of the calendar – not solely but particularly when filling a world2one-calendar;
• to recognize that any texts and contents provided by one224 have been compiled to the best of the company’s knowledge and that no guarantee of completeness or correctness can be given. Their use is at the full risk and responsibility of the one224 user;  
• to inform any person involved in the given advent calendar – especially its recipient and possible fillers of calendar windows – seeking their agreement and obtaining their consent in advance about the fact that the user leaves the person’s full name and e-mail address at one224 to be saved and used for internal purposes and that a one224 user account will be created and that this information will be sent to them by one224 via email;
• to accept that permanent availability of one224 web pages cannot be granted to 100% certainty. Events that are not within the company’s control (such as power failures, technical defects, etc.), as well as necessary maintenance work or alike may lead to malfunctions or temporary unavailability of services on one224 web sites;  
• to accept that uploaded contents will be edited technically (e.g. change of quality and resolution of photos etc.);
• to keep his/her password a secret and to not pass it on to others;
• not to use contents of illegal/criminal nature of any kind on one224;
• to comply with the terms and conditions of our partners, especially those of the connected social networks and other companies;  
• not to violate the rights of a third party by the use of his/her contents on one224 – especially personal rights, copyright, ancillary copyright, data privacy laws or competition law. The user alone is responsible for not violating the rights of a third party by publicizing his/her contents.

The provider of one224 is not responsible for the actions of one224 users or other third parties.

Thus, the one224 user commits

• to exempt the provider from all claims, especially claims for damages, of users or other third parties that may be brought forth against one224 and/or its provider due to the violation of their rights by contents that have been uploaded on one224 by the user or due to the violation of their rights by the user by using the services provided by one224. All reasonable expenses that result from a violation of rights of a third party and that are in this context brought forth against one224, will be borne by the person responsible for the violation. This includes all reasonable legal expenses. Unaffected by this are all further rights as well as claims for damages by one224. In case of a violation of the rights of a third party, the provider will choose a way to provide the third party with the corresponding rights of use concerning the content, while the user incurs all expenses resulting from it; or the user will change the content so that it becomes non-infringing. If, by using the services of one224, the rights of a third party are violated, the user will cease any use that is contrary to contract and/or unlawful if requested by the provider
• to carefully check the content before uploading it on one224 so that the responsibilities stated in the terms and conditions (especially §6 user’s responsibility) are fulfilled
• to save the files and information uploaded on one224 separately, since one224 does not use an archiving system or the like.

In the event of not having reached legal age yet, the user will obtain consent from his/her legal guardian to register on one224 and use its services.

The abuse and violation of terms and conditions by a third party are to be reported to the provider immediately.

By using the contents and functionalities of one224, all applicable laws as well as all rights of third parties are to be obeyed. In particular, the user is prohibited from doing the following:

• to perform malicious, slanderous, offensive, unlawful, misleading or discriminatory actions
• to tyrannize, harass or unreasonably bother other users (particularly by repeatedly sending calendars to persons who do not wish to receive one, by, on part of the recipient, undesired filling of calendar windows, or other spam)
• to carry out or promote anti-competitive activity
• to upload files or links on one224 that contain viruses or other damaging or mischievous codes that can affect the operability or the existence of one224 or other websites or other computer systems
• to obtain personal information of a third party or to access an account which belongs to another person
• to negatively affect the functionality of one224, especially to overstrain the system
• to use offensive or sexually influenced language (explicit or implicit) that is undesired by the recipient
• to allow third parties the use of his/her account, especially minors without the consent of their legal guardians. Should this case, nonetheless, occur, the registered user accepts that he/she will be held responsible for the activities and consequences of a possible misuse
• to confront minor recipients with contents that violate laws for the protections of the youth and to offer them products that violate the laws for the protection of the youth and to advertise and sell these products respectively
• to use one224 for advertising purposes that have not been approved in written form by the provider. One224 offers its calendar services solely for private and not commercial purposes
• to use mechanisms, software or scripts in connection with the use of the one224 website.

§ 7 Cancellation of Contract

Both the user and the company may cancel the one224 membership without giving further reasons any day within a one-week-period. Any claim for refund of possibly paid charges will be waived with contract cancellation by the user. Cancellations can either be made using the one224 contact form or via post or email to one224 or to the user respectively. The cancellation request should contain user name and e-mail address you registered with on the one224 websites. These regulations do not affect the right of both parties to cancel due to an urgent reason when required. For one224 the case of an “urgent reason” would apply particularly when continuation of the contract is unreasonable, as in the following scenarios:

• non-compliance with terms and conditions or any other legal provisions by the user,
• significant impact on the one224 reputation by the user,
• promotion of associations or communities - or their methods and activities - being under surveillance by security or youth protection authorities,

Notwithstanding any cancellation, one224 is authorised to delete the user’s personal contents and exclude him / her from one224 websites if one of the above-mentioned most urgent reasons apply. In this case the user would also loose any right of refund of paid fees.

§ 8 Privacy and Data Protection

Privacy and data protection are of the greatest importance for one224. Details can be found under privacy (and data protection).

 

§ 9 Liability of one224

The company is liable only for damages based on intentional or grossly negligent breach of contract. Also, he is liable for damages resulting from violation of fundamental contractual obligations - with the liability of the operator being limited to a predictable damage at the time contract signing. Claims for personal injuries and property damage under the Product Liability Act remain unaffected.

There will be no liability for damage or loss of uploaded data as well as their replacement.
The company has every interest to ensure a continued, long-lasting service of one224. However, a guarantee of this, as well as of permanent access to the site or to the operator via e-mail cannot be made for various technical and organizational reasons.
In the event of a complete or partial breakdown of one224 functionalities not caused by the operator, the usage fee will not be refunded. A refund will only be made if the failure was due to gross negligence by the operator and if it cannot be repaired within seven days.

As described in § 4, the operator is not liable for content chosen or published by the customer. This means in particular that the operator is not liable for the completeness, accuracy, timeliness or intellectual property rights of any third party or other unlawful acts of the user (especially violation of copyright, privacy and competition laws).


The liability of the operator is limited to the gross price of one online-Advent calendar.

§ 10 Further Terms of Service Provision

one224 is always making an effort to offer and ensure its users high quality and functionality. As part of a continuing improvement process, it is therefore possible that the functionality will be improved or changed by one224. In such a case the user is not entitled to the refund of fees already paid. An amendment to the functionality can be made without prior notice by the operator.
Service may have to be cancelled by the operator if it can’t be provided as planned. Reasons for this may be for example: the infiltration of computer viruses, software / or hardware failures and / or other technical and / or legal reasons which could influence the administration, security, integrity and / or regular and proper implementation of performance. Paid fees will not be refunded in these cases.

§ 11 Final Provisions

The contract and its amendments are set down in written form. There are no additional agreements between operator and users.


By using one224.com you agree that the laws of the Federal Republic of Germany will govern the contractual relations between operator and user.

The laws of the Federal Republic of Germany excluding the UN sales law agreement applies to the legal relationship between the operator and the users. The location for legal fulfillment is the operator’s residence.

The validity of the remaining provisions shall not be affected if any provision of these terms and conditions should become invalidated.