TERMS OF USE

Preamble

Bagless aims to offer users a new online product experience and promote the mutual exchange of private and business activities among users.

Users generally have the free opportunity to create their own online spaces ("social spaces") in which they can publish content and communicate with other users. Users can also participate in bagless as visitors only and enter social spaces of other users. Furthermore, there is the possibility to create commercially used spaces in which companies can use certain paid additional functions provided by bagless to advertise or sell themselves or their products.

1. Basics of Use, Prohibited Actions

Registration and use of bagless is free for mere visits to bagless and use of bagless infrastructure. Creating a social space is free. Creating a commercial space incurs costs, which bagless agrees upon contractually with the commercial user in advance.

By registering, the user agrees to the terms of use of bagless.

By registering on bagless, the user agrees not to engage in the following behaviors (or to encourage or support others in doing so):

• Violations of these terms of use or other conditions applicable to the use of our products.
• Unlawful, misleading, discriminatory, or fraudulent acts or support of such acts
• Acts that violate the rights of third parties, including their intellectual property rights (e.g. by infringing the copyright or trademark of another person or by distributing or selling counterfeit or pirated products)
• Publication of content that is untrue and whose publication constitutes a criminal offense or administrative offense

Bagless reserves the right to remove or block content that violates the above provisions.

2. Suspension of Use and Consequences of Breaches of Duty

Without prejudice to the termination right mentioned below, bagless may restrict the use of certain functions of bagless for a limited period. This includes, among other things, the creation of content such as posting or commenting, the use of communication tools, or the creation or editing of a bagless room.

If the terms of use are not observed and legal violations result from content posted by the user on bagless (breach of duty), the user undertakes to indemnify bagless against any claims by third parties, including claims for damages, and to reimburse costs.

3. Granting of Permissions / Usage Agreement

The user grants bagless the following permissions:

• Permission to use content created and shared by the customer by providing it on bagless, especially when posting content protected by intellectual property rights (such as photos or videos). For this purpose, the customer grants bagless a non-exclusive, transferable, sublicensable, and worldwide license to host, use, distribute, modify, execute, copy, publicly perform or display, translate, and create derivative works from the content. This license serves only the purpose of providing bagless products.
• The customer can terminate this license at any time by deleting the provided content or user account.

4. Account Deletion

All content that the user posts in their social space will be deleted by bagless when the user deletes their account or logs out from bagless. Content that the user creates together with other users, such as photos in shared albums that may remain visible to other album members, is not affected. The user can separately request deletion of such content as far as they specify it to bagless.

The (content-less) social spaces or their URLs revert to bagless upon account deletion. Bagless is entitled to use these spaces by filling them with other content for another or new account. The name of the social space may continue to be used by bagless.

An account deletion process can take up to 90 days, unless this is exceptionally not possible for technical reasons, or it is carried out for the following purposes:

• Ensuring the protection, integrity, and security of bagless products, systems, services, and users,
• Fulfillment of legal obligations to secure evidence due to statutory retention requirements, or
• Fulfillment of a request from an administrative, law enforcement, or other authority

In such cases, the content will only be stored for as long as necessary for the respective purpose.

5. Termination of the User Relationship

The user relationship can be terminated by the user at any time, unless bagless and the user have concluded special agreements that take precedence over these terms of use. Bagless has the right to terminate user contracts with a notice period of three months from the declaration or extraordinarily for good cause. Good cause exists in particular if the user violates obligations resulting from these terms of use, laws, third-party rights, or data protection guidelines, and bagless, taking into account all circumstances of the individual case and weighing the interests of both parties, cannot be expected to continue the contractual relationship until the agreed termination date or until the expiration of a notice period. Termination for good cause is only possible within a reasonable time frame after becoming aware of the violation.

If the good cause is a violation of an obligation under these terms of use, termination is only permissible after the unsuccessful expiration of a granted remedy period or after an unsuccessful warning. However, a remedy period and a warning are not required if the other party seriously and finally refuses to fulfill their obligations or if, after weighing the interests of both parties, special circumstances justify immediate termination.

6. Limitations of Liability

Bagless is liable in accordance with legal regulations for damages arising from injury to life, body, or health, in case of intent, gross negligence, and in accordance with the Product Liability Act.

Without limiting any of the above provisions, bagless is liable for slight negligence limited to typical and foreseeable damages; in other cases, there is no liability for slight negligence.

7. Right to Amend

Bagless has the right to change these terms of use at any time. The change takes effect upon publication on the website.

8. Severability Clause and Jurisdiction

If individual provisions of these terms of use should be invalid, or if they contain gaps requiring completion, the validity of the remaining provisions is not affected.

If the user is a merchant, the place of jurisdiction for disputes arising from the contractual relationship with bagless is Essen.

9. Status

These terms of use are as of: September 2022.

Reproduction or use of graphics, audio documents, video sequences, and texts in other electronic or printed publications is not permitted without the express consent of the author and without citing the source. In particular, the author excludes liability for the context in which they are quoted. The provisions mentioned under the above point "References and Links" apply accordingly.