TERMS OF SERVICE
This site is owned, managed and published by The Insightist UG, Factory Berlin, Rheinsberger Straße 76/77, 10115 Berlin Germany, (hereinafter referred to as “The Insightist”). Please read the following terms and conditions carefully. By entering the site and/or becoming a member you agree to be bound by the following terms and conditions:
Registration forms and personal data
By completing and submitting the registration form on this site you will be able to access discussion board with ability to comment and the blog system. By doing so, you will be providing The Insightist with certain data. The Insightist collects and uses two types of data about users of its sites: (1) Personal Data – (names and addresses etc) via which it is possible to identify an individual from that information; and (2) Aggregated Data – being all other information that relates purely to generic statistics such as traffic flow and demographics.
The Insightist will only collect, use and transfer Personal Data about you if you have consented to that collection, use and transfer, unless The Insightist believes that such action is necessary to (a) conform to legal requirements (b) protect and defend its rights or property (c) enforce this User Agreement or (d) act to protect the interests of its users or others.
You give your consent in the following way:
By completing and submitting the Registration Form you automatically consent to The Insightist:
• collecting the information that is on the Registration Form, and information about your movements around and use of this site and other The Insightist owned or managed sites, for the purposes described below.
• contacting you with relevant material, for example about your use or potential use of this site.
• transferring your Personal Data to other The Insightist companies (subsidiaries or affiliates), and to those The Insightist companies contacting you with other relevant material, for example about your use or potential use of this site or other The Insightist owned or managed sites.
• transferring your Personal Data to The Insightist’s site franchise partner if this site is one which The Insightist publishes and manages for a third party franchise partner (e.g. a club or organisation), and to that franchise partner contacting you with other relevant material.
• transferring your Personal Data to any data processors that The Insightist has nominated to act as its agent for any of the above activities. The data will always remain under the control and direction of The Insightist.
• transferring your Personal Data to any country in which a The Insightist server is located for the purpose of providing you the sites and services within The Insightist’s network and for conducting the above activities.
You can unsubscribe from any of these services at any time by emailing The Insightist at firstname.lastname@example.org.
Other non-personal information will be collected and used by The Insightist and may be transferred to third parties. Any such statistical or demographic information will not include personal details through which you could be identified. In addition to non-personal information given on your Registration Form, information is automatically collected about traffic around the site. This is also only used in aggregate form and no individual registered user will be identified.
The Insightist uses “cookies” to speed up access to the site (it bypasses checking the registered user database) or to determine whether a user is signed in or not. A cookie is a small piece of information sent from The Insightist to your computer to help us to identify you quickly. It is possible for you to disable these cookies by changing your browser settings, but this may slow down or prohibit access to parts of the site.
Security is paramount to The Insightist in respect of your data. We use a variety of software to ensure appropriate security and encryption. You are obligated to keep your password and other non-public user data secret. You are responsible for all unauthorized use of you account to the extent you have failed to keep the information of your account secret.
Intellectual property rights in the content of the site
The Insightist’s content
All material on the site, such as text, graphics, logos, button icons, images, audio clips, and software, is owned by The Insightist, and is protected by copyright and trade mark laws. You may not copy, modify, reproduce, republish, post, transmit or distribute in any way any material from this site including the underlying code and software, save as authorised by this agreement. You are only authorised to use the site and its contents for your personal, non–commercial use. This amounts to viewing the site and printing off individual pages or sections for personal use.
Any content provided by you by, for example, posting messages to bulletin boards or chat forums, uploading files, inputting data, or engaging in any other form of communication through this service, although owned by you, is subject to a royalty-free, perpetual, non-exclusive, unrestricted, world-wide licence allowing The Insightist to use, copy, sublicense, adapt, transmit, publicly perform or display any such content. This licence does not apply to the message content of your personal messaging (PM) account, the privacy and integrity of which will be respected at all times.
The Insightist’s obligations
The Insightist will use its reasonable endeavours to ensure that the site and the facilities thereon (including newsletters, personal email and chat forums – Community Services) is/are available at all times and that The Insightist supplied content on the site is true, accurate and error free. However we do not guarantee this and provide no warranties unless specifically stated.
Code of conduct
You understand and agree that The Insightist may review and delete any material or content, including but not limited to text, comment, message, photo or profile that in the sole judgment of The Insightist does not comply with this Agreement, applicable law or regulation, or which might be offensive, illegal or that might violate the rights, harm, or threaten the safety of other users. The Insightist will regularly monitor the Services for inappropriate and illegal contents posted by the users. The number of users and amount of contents in the Services are very large, and therefore it is not possible for The Insightist to monitor all and every material posted on the Services. If illegal or inappropriate material or content escapes The Insightist’s notice when monitoring, this is not to be seen as The Insightist approving of such material or content and The Insightist has no responsibility or liability for such material or content. The Insightist assumes no responsibility or liability for the conduct of users, including you, submitting any such material or content. It is very important that you report any illegal or inappropriate Contents that you become aware of to The Insightist or by clicking on [“Report Inappropriate Contents”].
You are entirely responsible for the material or content that you publish or display or in any other way make available on or through any of the Services or in any other way transmitted to other Users. Material or content are not automatically reviewed by The Insightist before posted and do not necessarily reflect the opinions or policies of The Insightist. The Insightist is not responsible for the accuracy and reliability of the material or content or other information provided by the users or any other information that you transmit to other users.
The list below is a partial list of the kind of Contents that is illegal or prohibited to post on or through the Services and the kind of activity that is illegal or prohibited on the Website and through your use of the Services. Note that the list can not be made complete but should be regarded as a guideline to the spirit of what is prohibited. The Insightist reserves the right to inspect and take appropriate legal action against anyone who infringes this prohibition, including but is not limited to, removing the offending material or content from the Services, terminating the membership of the violator and reporting to the appropriate law enforcement authorities. Prohibited material or content include, but are not limited to material or content that:
• are offensive and promote racism, prejudice, hatred or physical harm against any individual or group;
• exploit people in a sexual or violent manner;
• display pornographic, sexually explicit or violent material of any kind;
• harasses or encourage harassment of another individual or group;
• criminal activity such as drug dealing, trafficking, child pornography, fraud, obscene material, gambling, harassment, stalking, spamming, sending of harmful computer files, theft of trade secrets or intrusion of copyright or patent rights;
• provides any street addresses, photograph of another person, telephone numbers, e-mail addresses or any other personal information of that kind without consent from that individual;
• use any information from the Services in order to stalk, harass, abuse or harm another person;
• promote information that you know is deceptive or phony or promote illegal activities or conduct that is insulting, obscene, threatening, derogatory or slanderous;
• provide instructional information about illegal activities such as making or buying illegal weapons or fireworks or creating or distributing computer viruses, etc;
• promote an illegal or unauthorized copy of another person’s or company’s copyrighted work, such as providing pirated computer programs or links to such, providing information to evade copy-protect devices, or providing pirated music or video or links to pirated music- or video files;
• contain restricted or password only access pages not linked to from another accessible page or hidden pages or images;
• ask for passwords or personal identifying information for commercial or unlawful purposes from other users;
• involve commercial activities and/or sales without our prior consent such as advertising, contests, barter, sweepstakes, or pyramid schemes;
• involve the transmission of junk mail, chain letters, or unsolicited mass mailing or spamming etc;
• filmmaker or band profiles that uses sexually suggestive imagery or any other unjust, false or deceiving material or content intended to draw traffic to the profile;
• contact, advertise to, solicit, or sell contents or services to a specific user without their prior explicit consent;
• covering or concealing the banner advertisements on your personal profile page or any other The Insightist page;
• contain political or religious propaganda;
• any automated use of the Service, such as using scripts to add friends;
• interfering with, disrupting or creating an undue burden on the Services or the networks or services connected to the Services;
• pretending to be another user or person;
• using the account of another user or disclosing or transferring your password to any third party or allowing any third party to have access to your account; or
• using the Services in a way that intentionally or unintentionally violates any applicable local, national or international law or regulation.
Proprietary rights in contents
By displaying or publishing any material or content such as texts, files, messages, photos, video, images, sounds, profiles, works of authorship or any other materials (“Contents”) on or through the services provided by The Insightist, you grant to The Insightist a fully-paid, non-exclusive, and royalty-free), worldwide license to use, modify copy, translate, adapt, publicly display, publicly perform, transmit, reproduce, store and distribute such Contents on and through the Services or in media that are partners to The Insightist. This license will come to an end at the time you remove such Contents from the Services and upon your notification to The Insightist. Regardless of this, a residual or back-up copy of the Contents posted may remain on the servers after you have removed the Contents from the Services, and The Insightist maintains the rights to those copies. You warrant and represent that you own the Contents posted by you or otherwise have the right to grant the above described license. Furthermore, you warrant and represent that the posting of your Contents on or through the Services does not violate the copyrights, publicity rights, contract rights, privacy rights or any other rights of any person or company. You agree to pay for all fees, royalties and any other duty owed to any person or company by reason of any Contents posted by you to or through the Services.
The Services contain Contents of The Insightist which are protected by intellectual property right laws and regulations and other laws. The Insightist owns and maintains all rights in the Contents and the Services. The Insightist hereby grants you a revocable, limited, non sub-licensable license to display and reproduce The Insightist Contents exclusively for your personal use in connection with using the Services and viewing the Website. Such a license does not include any software code or other similar Contents.
The Services contain Contents from Users Members and other The Insightist licensors. You are prohibited to copy, display, publish, distribute, broadcast or in any other way forward or sell any Contents appearing on or through the Services if the Contents is not provided by you.
The Insightist’s rights
The Insightist shall be entitled to discontinue the website services or any of the additional Community Services, or to disable any particular user’s account or access rights at any time with no notice.
In relation to any service provided on this Site, The Insightist may terminate such account for inactivity, being a failure to log in to the service 60 days or later after registration and, subsequently, a failure to use the account for 90 days since your last log-on. In addition, The Insightist may delete content in user account after 90 days. The Insightist shall have no obligation to maintain any content in your account or to forward to you or any third party.
The Insightist shall have the right (but not the obligation) to monitor any publicly posted material and to, without notice edit, delete or remove any material postings or comments that it deems inappropriate or otherwise in violation of this agreement.
As a customer you are entitled to the legal rights under the German law. Details concerning the purchase such as confirmation of order, payment, delivery and customer service is presented on the website in connection with the purchase.
In order to make a purchase from The Insightist, you have to be eighteen (18) years old. If not, you should get your guardian’s consent or place the order through that person.