Terms and Conditions

Terms and Conditions for the use of KateFluker.com

Dear user!

Here you will find the General Terms and Conditions (hereinafter referred to as “Terms and Conditions”) of KateFluker.com (hereinafter referred to as KateFluker) applicable to the use of KateFluker services.

To register for a KateFluker service, you must agree to the terms of use applicable to your use of this service. To do this, please click on the “agree” field or put a check in the opt-in procedure to give your consent. By clicking on the field “Agree” or setting the tick, you declare that you have read the terms and conditions and agree with them. You can also print or download the terms and conditions.

1. Scope

(1) The terms and conditions apply to all services offered to the user on the pages of KateFluker, in particular for the paid content & services, for the prize draws as well as the shopping and community area.

(2) Deviating regulations are contradicted. Any provisions other than those contained herein shall only become effective upon the express agreement of a representative of KateFluker and the respective customer entitled to manage the business.

(3) KateFluker is entitled to change the present GTC at any time. KateFluker will inform the user in good time about the change of the valid terms and conditions. The change is deemed to have been approved by the user unless he objects to the change or terminates the contract within one month of receipt of the change notice. KateFluker is entitled in case of objection to timely termination. KateFluker will particularly inform in the notification of the changes to the possibilities of opposition and termination, the time limit and the legal consequences, in particular with regard to an omitted objection.

(4) Should one or more provisions of these terms and conditions be ineffective, this does not entail the invalidity of the entire contract. The ineffective regulation will be replaced by the pertinent statutory regulation.

(5) KateFluker is not responsible for the Internet services provided by third parties, to which KateFluker links from its pages or which conveys KateFluker. The terms of use of the respective provider apply to these offers. This is especially true in the shopping area on KateFluker. The shopping area on KateFluker merely represents a distribution platform of the respective shopping partners of KateFluker. When using the offers offered in the shopping area, an independent legal relationship arises between the user and the shopping partner which is independent of any legal relationship between KateFluker and the user. The legal relationship between Shopping Partner and User is based exclusively on the terms and conditions and operating processes of the Shopping Partner. KateFluker assumes no liability or warranty for this.

2. Access and eligibility

(1) In principle, all users are entitled to access and to participate.

(2) The following supplementary regulations apply to competitions, raffles and competitions (hereinafter referred to as “competition”):

Eligible for participation are all persons who have reached the age of 18 or can prove a consent of a legal guardian.
Each person may only participate once in each raffle.
Each raffle participant agrees by participating in the game, for the conduct of the raffle or its execution on the web pages of KateFluker, their newsletters and forms of communication in social networks (eg Facebook, Google+, Twitter) and KateFluker to be published with name, place of residence and photo. For further rights of use for advertising and sales purposes, the participant is – as far as legally necessary, previously asked for his consent.
Participation in sweepstakes is excluded for employees of KateFluker and its affiliates, as well as for persons involved in organizing the Sweepstakes. This also applies to their relatives.
The entry deadline is noted at the respective raffle. If the original winner does not return within 30 calendar days of receipt of the winning notification, including a request to confirm his or her data, his prize will be forfeited and a new winner will be determined.
In the event of the bankruptcy of any sponsor of the Sweepstakes, KateFluker will not be liable. The legal process and the cash payment are excluded.
KateFluker reserves the right to exclude the participant from the raffle in the event of a factual suspicion of fraud or manipulation. Furthermore, KateFluker reserves the right to change or correct the rules of competitions at any time.
(3) KateFluker concludes contracts for paid content and the provision of Internet access only to persons over the age of 18 or with the express consent of the legal representative.

(4) By the way, the Internet pages are not addressed to persons in countries that prohibit the provision or the invocation of the content posted therein. Each user is responsible for informing themselves about and observing any restrictions prior to accessing these web pages.

3. Availability

The services of KateFluker are offered to the user subject to availability. KateFluker endeavors to ensure that the services of KateFluker are available to the user without disruption. Through maintenance and / or further development and / or other disturbances, the possibilities of use may be limited and / or temporarily interrupted. This may result in data loss. This does not give rise to any claims for compensation by the users concerned. KateFluker is further entitled to change or discontinue the services and services offered at any time in its sole discretion without notice.

4. Contractual relationship

(1) The contractual relationship on the use of paid content of KateFluker comes about through the registration with the desired and chosen payment system provider, the agreement to the general terms of use and the respective acceptance by KateFluker. The acceptance by KateFluker takes place at the latest with the opening of access to the paid content.

(2) The use of third-party services that KateFluker advertises on their sites, or to which KateFluker provides access via their pages, is the exclusive contractual relationship between the user and the offering third party. KateFluker assumes no liability or warranty for this.

5. Opening a user account

For certain services on the pages of KateFluker, the user must register or open a user account. The user assures that the personal information provided by him within the framework of a registration or in the context of opening a user account on the pages of KateFluker, in particular his first name, surname and postal address as well as the date of birth and e-mail Address is truthful and correct, and that, as far as the information given there changes, the change of the data immediately indicates KateFluker.

6. Payment transactions

(1) Fees for paid content will be charged to a payment system provider to be chosen by the user prior to the provision of the service. In this case, only the terms of use of the payment system provider selected by the user, which are pointed out in the appropriate place and given appropriate assistance, apply exclusively. The fee claims are to be settled in accordance with the respective conditions of use with the respectively selected payment system provider.

(2) If the user does not fulfill his payment obligations or if payment transactions are not carried out or are being debited, KateFluker is entitled, subject to further claims, to block the access of the user. If the blockage is due to outstanding claims and the user compensates for them, the access is unlocked again.

(3) KateFluker reserves the right to entrust third parties with the execution of the collection.

7. Duties of the user

(1) The user undertakes not to violate existing legal provisions and any contractual provisions when using the services of KateFluker. In particular, he undertakes to ensure that any content distributed by him does not violate the rights of third parties (eg copyrights, patent and trademark rights), that the applicable criminal and youth protection regulations are complied with and that there are no racist, grossly offensive, pornographic denials of the Holocaust or sexual, juvenile, extremist, violence glorifying or trivializing, war-worshiping, propagating for a terrorist or extremist political unification, inciting a criminal offense, containing defamatory statements, abusive or unsuitable for minors or other criminal contents. The user further undertakes to protect the data according to the accepted principles of data security and to observe the obligations of the data protection regulations, if necessary to check KateFluker outgoing emails and queries with utmost care for viruses, legal, regulatory and technical To comply with regulations, to keep his / her username and password as well as password secret, to pass them on, to not tolerate or to take notice and to take the necessary measures to ensure confidentiality and in case of misuse or loss of this information or suspicion thereof To display KateFluker immediately. Indications of abusive use of the contents of KateFluker or the payment system are also to be reported to KateFluker immediately.

(2) The user exempts KateFluker from any claims of third parties, which they assert against KateFluker due to violation of their rights by this user. This includes the costs of proper legal action and defense. KateFluker reserves the right, in the case of reasonable suspicion of misuse of the services of KateFluker or the payment systems, to block access to its content and any existing user account, as well as to engage the investigative authorities.

(3) The user can only offset against claims of KateFluker with undisputed or legally valid claims. Retention rights are the user only for claims from the individual, concrete contractual relationship, which are part of these terms and conditions.

8. Liability

(1) KateFluker shall be liable for damages of the customer caused intentionally or grossly negligently resulting from the absence of a guaranteed quality of the object of performance, which are based on a culpable breach of essential contractual obligations (so-called cardinal obligations), the result of culpable violation of the Health, body or life, or for which liability under the Product Liability Act is envisaged, in accordance with the statutory provisions.

(2) Cardinal obligations are those contractual obligations whose fulfillment makes the proper execution of the contract possible in the first place and on the compliance of which the contractual partner may regularly rely, and whose violation on the other end jeopardizes the achievement of the purpose of the contract.

(3) In the event of a breach of a cardinal obligation, the liability – insofar as the damage is based merely on slight negligence and does not affect life, limb or health – is limited to such damage as typically and foreseeably expected to arise in the course of rendering services such as the contractual services must become.

(4) For the rest, the liability – for whatever legal reason – is excluded to KateFluker as well as to the vicarious agents of KateFluker.

(5) In the event of damages to the customer resulting from the loss of data, KateFluker shall not be liable to the extent that the damages would have been avoided by a regular, complete and reasonably frequent backup of all relevant data by the customer.

(6) KateFluker provides its own information and data as well as information from other providers via hyperlinks (Internet links) on the Internet and on mobile devices.
This information and data are for informational purposes only, without the user relying on the topicality, correctness or completeness of the information. In this respect, KateFluker does not assume any warranty or liability, in particular for any direct or indirect damage caused by the use of the information or data found on the KateFluker websites. In particular, KateFluker assumes no responsibility for the content or the functionality, accuracy or legality of third party websites referred to by linking to the KateFluker websites.

(7) KateFluker offers discussion forums and chats. The content and information exchanged by users in these forums is not subject to control by KateFluker. For this reason, KateFluker assumes no liability for the content and information posted on the forums. The responsibility for the content that the user publishes on the pages of KateFluker lies solely with the user.

9. Liability for defects

(1) If paid content is objected to by the user due to incomplete or inadequate services provided by KateFluker, the user must, in accordance with the terms of use of the payment system provider chosen by the user, notify the complaints either to KateFluker or to the payment provider immediately after becoming aware

(2) If KateFluker is liable for justified and timely complaints, KateFluker shall deliver in case of incomplete performance and in the event of defective performance, repair or replace it at your discretion. The user may request a reduction of the fees if attempts to rectify or replace KateFluker are refused, are impossible or otherwise fail. There is no right of withdrawal for the benefit of the user.

10. Copyright

(1) All contents, information, pictures, videos and databases and computer programs (eg widgets) published on the pages of KateFluker are protected by copyright.

(2) The use is only permitted for private personal use. Any further use, in particular the private and commercial reproduction, modification, distribution or storage of information or data, in particular texts, parts of text, image and film material, requires the prior express consent of KateFluker. This also applies to the inclusion in electronic databases and duplication on CD-ROM, DVD etc.
No private and / or commercial reproduction, modification, distribution or other misuse of computer programs is permitted. The user acquires no property rights by downloading or sending the source code of a computer program. No copyrights or other ancillary copyrights are transferred. If the service and / or services are discontinued, the user is obliged to delete the provided source code immediately.
Otherwise, the legal limits arising from copyright and other applicable statutory provisions apply.

11. Content submitted by the user

(1) The user who submits own content (eg videos, photos, photo series, texts, etc.) to KateFluker (eg in the context of lotteries, reader campaigns, internet competitions or an SMS ticker), declares its agreement by submitting that the submitted contents are reproduced, distributed and published publicly on the Internet and in print. The user further declares that he / she owns all copyrights and other rights in the submitted content and that persons depicted on submitted graphical content (eg videos, photos, photo series), who are not limited to attaching to a location or part of illustrated assemblies, Elevators or similar operations are in agreement with the publication. For persons under 18, the consent of the parent or guardian applies. Posts sent by post can not be returned to the participant.

(2) Users undertake not to contain content containing unlawful, grossly offensive, pornographic or sexual, youth-endangering, extremist, violence-glorifying or trivializing, war-worshiping, promoting a terrorist or extremist political association, demanding an offense , or other criminal content to KateFluker .de to send. Similarly, the user agrees not to send content that contains advertising or commercial content.

(3) KateFluker reserves the right not to publish submitted content.

(4) The user fully indemnifies KateFluker against all claims of third parties that result from the user culpably violating his obligations under these conditions or – contrary to this statement – the user does not own all rights to the submitted content or imitated persons agree with the publication.

(5) The submitted contents are personal statements of the users and do not represent the opinion of KateFluker. The user has no legal right to publication of the submitted contents.

12. Right of withdrawal

All information on whether you as a consumer is entitled to a statutory right of withdrawal, and the corresponding cancellation policy can be found in the Privacy Policy.

13. Termination

(1) Termination for cause remains reserved to each party. An important reason exists in particular if the user despite reminder continues to violate essential provisions of these Terms and / or the user commits a directed against third-party misconduct by using the offer of KateFluker for unlawful or for third-party harassing purposes.

(2) All terminations according to these Terms and Conditions must be made by a written notice to the address mentioned in point 12.

(3) Upon termination becoming effective, access to KateFluker services will be blocked.

14. Final provisions

(1) The European Commission provides an online dispute resolution platform (OS platform) at http://ec.europa.eu/consumers/odr. Consumers have the opportunity to use this platform to resolve their disputes.

(2) If the user is a registered trader, the place of jurisdiction is Manchester for all direct or indirect disputes arising out of the contractual relationship. Any exclusive place of jurisdiction remains unaffected. Place of fulfillment is Manchester. It is subject to English law, excluding the UN Sales Convention.

(3) Legal action is excluded in connection with participation in sweepstakes.

(4) Should individual provisions of these Terms and Conditions, including these provisions, be wholly or partially invalid, the validity of the remaining provisions or parts of such provisions shall remain unaffected. Instead of the ineffective or missing provisions, the respective statutory regulations.

As of March 2018