The General Conditions of Use govern the non-commercial use of the website www.lena4u.com (collectively, LENA) of LENA GmbH, Florastrasse 49, CH-8008 Zürich. For the commercial use of LENA, our terms of use apply for testimonies, products and events; In so far as LENA offers a paid premium membership, our terms of use apply to premium members.
1. Performance
1.1. LENA is a social network site
1.2. LENA’s contributions to testimonials as well as the event and product presentations (collectively, “Advertising”) are exclusively advertisements by third parties. If and to the extent that the conclusion of a contract is offered or made in connection therewith, a legally binding contract comes only with the advertising partner. We shall at no time become a contractual partner and shall not assume any guarantee or guarantee for the security, quality, correctness, retrievability and / or reliability of the contractual objects.
1.3. To use LENA, you will receive a worldwide, simple, non-sublicensable, non-transferable, revocable license to the content of LENA exclusively for private and non-commercial use.
2. Conditions of use / registration
2.1. In order to use LENA completely, you must register with LENA and create an account.
2.2. If you want to create an account, you must have reached the age of 18 and complete and truthfully enter the data requested in the registration form (name, first name, telephone, e-mail address, password). Registration is permitted only for non-commercial purposes.
2.3. There is no entitlement to registration; LENA may refuse registration without stating reasons and in this case will delete the data transmitted with the registration form.
2.4. In order to complete the registration, you must recognize these general conditions of use as binding, to which you are requested (contract of use).
2.5. LENA plans to introduce a premium membership. Premium members receive additional and extended features against the basic membership. There will be separate terms of use for the content of the not yet offered premium Membership.
3. Availability
LENA may at any time be modified, updated, interrupted and temporarily or permanently discontinued without notice. Your use depends on an existing Internet connection, for which you are responsible.
4. User obligations
4.1. When creating an account, which can only be used for itself, the personal data requested during registration must be entered completely and correctly. The account of a third person may not be used without their consent. It is also prohibited to use any user other than another person to use a user who is abusive, vulgar, protected by a trademark or other protective mark, or is illegal or to pass on his access data to a third party.
4.2. The personal data must be kept up to date. The access data must be protected against access by third parties. If there is reason to believe that your access data have become known to third parties, the access data must be changed without delay and we must be informed of this.
4.3. The use of the contact data of other LENA users is only permitted for your own private communication. This is only valid if consent is given.
4.4. The retrieval, adjustment or transmission of content that violates legal regulations or third-party rights is prohibited. If we are called upon by third parties, you are obliged to immediately transmit to us all information which is at your disposal, which is necessary for an examination of the claims and a defense. If we reach the conclusion that the claim is rightly claimed, we will immediately remove the content or prevent access to such content.
4.5. You must use the application in such a way that there is no excessive burden on LENA. The safety precautions of LENA must not be altered. LENA shall not be exposed to any electronic attacks (in particular viruses, Trojans, hacking attempts or brute-force attacks). The use of computer programs for the automatic reading out of data (for example, crawlers or robots) is also prohibited in this respect,
5. Complaints
If a user violates the user’s obligations, in particular the infringement rights of third parties, this can be communicated through our contact form at www.lena4U.com. We then decide which measures we take (see also user liability).
6. User liability
6.1. A breach of the user obligations or other rights of third parties can lead to the immediate deletion of your account. The decision about this is in our own discretion; The suspicion of an infringement is sufficient. Whose account has been deleted, it is not allowed to register again at LENA.
6.2. Anyone who violates the user’s obligations and, in particular, the rights of third parties, is also liable according to the statutory provisions, as far as they are affected by the infringement. If we are used by a third party for an infringement which you and we are not responsible for, you shall indemnify us from all claims of third parties. In particular, you will pay the costs of our legal defense. Any further claims of third parties remain unaffected by this exemption from liability.
7. Disclaimer of liability
LENA is provided in the “provided” form with all possible deficiencies. We assume no guarantee or guarantee for the completeness, security, quality, correctness, availability and / or reliability of LENA and its contents. The use of LENA is at your own risk; In particular, we do not substitute for any damage resulting from your reliance on LENA’s completeness, security, quality, correctness, accessibility and / or reliability and its contents. However, this limitation of liability does not apply to the extent that your damages were caused by us through intent or gross negligence. The same applies to injury to life, body or health. For simple negligence, we are only liable in the event of a breach of a contractual obligation. The liability according to the Product Liability Act, for fraudulently concealed defects or within the framework of an assumed guarantee remains unaffected.
8. Privacy Policy
You agree that you have read and understood our privacy policy.
9. Other
9.1. We reserve the right to alter these general conditions of use at any time, without reason, insofar as these changes do not affect the performance. In such a case, we will immediately notify you of the amended general conditions of use and make the continuation of the contract of use subject to the consent to the general conditions of use. If you do not agree to the amended general conditions of use in such a case, we will terminate the usage agreement.
9.2 The place of performance is Zürich.
9.3. These general conditions of use are subject to German law, with the exclusion of the UN purchase law. This also applies to any (contractual or tortious) legal claims, claims or disputes arising between you and us.
9.4. These conditions may also be in a language other than the German language. However, the German version shall be deemed to be legally binding and in the case of contradictions.
Zürich, in December 2016