English (US) 
Terms and Condititions
Date of Last Revision: 01/15/2010
I. Area of application
1. The following terms and conditions regulate the conditions under which the services offered under www.MYBOARDCAST.com (owner: Gerrit Herrmann) can be taken up by the users.
2. With the registration at MYBOARDCAST.COM you expressly agree with these terms and conditions. MYBOARDCAST expressly reserves the right for itself to change or adapt the terms and conditions with effect for the future. The users become informed about that at a suitable place on MYBOARDCAST.COM. The user accepts any such changes with logging in or registration.
II. Services of MYBOARDCAST
1. MYBOARDCAST.COM is a multimedia platform, which wants to give the users the possibility to put their own contents on the platform, publish their content and exchange themselves with others and to hereupon share the contents with a wide and open community. The services provided on MYBOARDCAST.COM contain the ability to put different user contents like videos, pictures or texts on the platform. Furthermore, MYBOARDCAST.COM offers the possibility to get into contact with other users, integrate the contents on ones own web pages and exchange these with other users.
Some Services offered on MYBOARDCAST:
· Users can provide profile and invite & add friends
· Users can write and send private messages and e.g. organise them in Inbox, Sent box, Comment Alerts, Crush Inbox, Crush Sent box, Comments
· Users can talk to friends and other users they meet in the chat or Instant messenger
· Users can create, edit and delete Groups, Blogs, Classified ads, Forum entries, Events
· Users can watch, upload and share videos, pictures, links, news
· Users can write comments on content and rate content
· Users can add locations/ spots
· Users can take part in or create, edit, and delete Quizzes themselves
· Users can provide business profiles and acquire additional premium functions by subscribing to the BUSINESS PRO membership
· Users can acquire place for own announcements
2. MYBOARDCAST.COM respects the property rights of third parties, the integrity of personality as well as the protection of their privacy, in particular of the persons shown in the contents, and asks its users to do the same.
3. All services offered under MBOARDCAST.COM to the users are exclusively for private and non-commercial use. With their registration the users commit themselves to use these services for private purposes only.
III. Registration
1. To be able to use the offer of MYBOARDCAST.COM, you must have registered on MYBOARDCAST.COM before.
2. The user is obliged to fill in all fields given in the registration form truly and correctly. A successful registration is only possible if all of the obligatory fields are filled in.
3. Only users who are fully capable of contracting or those who act with approval of their legal representatives are allowed to use MYBOARDCAST.COM.
4. Users are obliged to keep their password secret, and to not to transmit it to third parties. Should a user obtain knowledge of the fact that third parties have obtained the knowledge of the password or use this, he has to inform MYBOARDCAST.COM immediately.
IV. Saving of contents, responsibility and forbidden contents
1. MYBOARDCAST provides storage capacity for the contents of users, in particular pictures, videos and texts. The offered storage capacity for content (e.g. videos, pictures, texts) is limited to 100000000 bytes.
2. The user is fully responsible for the contents he uploads. That is why he asserts, that these contents are either free of rights, or that he can dispose of the necessary rights (in particular copyrights, trademark rights, name rights). He also asserts, that the content he uploads to MYBOARDCAST.COM, especially the contents he uploads to the storage capacity, are not against legal regulations or against morality. In particular, the contents may not be threatening, abusive, racist, violence glorifying, libelously, molesting, indecent, pornographic or endangering youth in any other way.
3. It is also prohibited to the users to put contents on MYBOARDCAST.COM which pursue commercial interests (in particular spamming), spread political or ideological views or make publicity for such views (in particular by the use of signs or symbols of such views), or have in some other way a political or ideological objective (such as the collection of signatures, appeals to express ones opinion, assemblies…).
4. Furthermore, the user is responsible for the content placed on the storage capacity or otherwise on MYBOARDCAST.COM is free of viruses, worms, trojans or other programs, which can endanger or interfere with the efficiency or continuance of MYBOARDCAST.COM, or the web pages of the users.
5.MYBOARDCAST is authorized to block or to remove contents, which infringe against these terms of use. The user has no claim towards MYBOARDCAST to the abolition of a barrier or the reestablishment of already removed contents by MYBOARDCAST. In spite of the authorization to block or remove such contents, MYBOARDCAST remains authorized to exclude the user from a future use of the services offered on MYBOARDCAST, and/or to assert claims (in particular damage claims) against the user.
V. Duration of usage authorization
1.The user can quit his membership by account cancellation at any time.
2. MYBOARDCAST is authorized to quit the user’s authorization of use of the services, if this user either infringes against these terms of usage and its duties, or does not use the services offered by MYBOARDCAST.COM for more than six months.
3. In any case of the termination of the Usage Authorization, MYBOARDCAST has the authorization to delete the content put on MYBOARDCAST.COM by the user. The user has no claim on restitution or otherwise surrender any contents he put on MYBOARDCAST.COM.
4. Independent of the preceding, MYBOARDCAST is authorized to quit the services offered on MYBOARDCAST.COM, or parts of the services at any time and without any prior notice. Equally the Usage Authorization ends automatically in the same circumference.
VI. Legal Grant
1. The user allows MYBOARDCAST the right to use the content users` contents on MYBOARDCAST.COM to supply the retrievable services on MYBOARDCAST.COM, and allows MYBOARDCAST the required rights free of charge. This authorization of use in particular contains the right to publish the contents worldwide, to duplicate, to spread, or to transfer them to thirds parties via MYBOARDCAST.COM or if necessary via other media.
2. MYBOARDCAST is also authorized to advertise or carry out other promotion activities in the surrounding of the published contents and with their use. The user expressly agrees herewith.
3. Because MYBOARDCAST is an open community, the user expressly agrees that third parties are entitled to link from the outside to the contents, or to point to them in other way. Also the purpose of the community includes that all contents are freely available for third parties and can be used in particular by third parties for their own purposes. The user gives MYBOARDCAST the right for the sublicensing and for the transfer of the given rights of use of these contents. MYBOARDCAST claims no ownership of these contents. Infact, the user is solely responsible for the contents he put on MYBOARDCAST.COM.
4. The user allows MYBOARDCAST to edit his contents and in particular to adapt them to the necessary format, or to improve the quality.
5. The user’s rights given to MYBOARDCAST will end with the termination of the membership or with the removal of the contents from MYBOARDCAST.COM.
6. The user guarantees towards MYBOARDCAST to own all necessary rights of the contents he put on MYBOARDCAST. He neither violates any rights of third parties, no matter what kind, nor breaks any lawful regulations. It sets MYBOARDCAST, its affiliated businesses as well as its representatives, employees, associates and executives of MYBOARDCAST, free of any claims by third parties. Such claims relate to the user’s contents on MYBOARDCAST.COM which violate the rights of third parties or are against any lawful regulations; this includes the adequate costs for the legal defense.
7. During the membership MYBOARDCAST allows the user to use the offered services by MYBOARDCAST on MYBOARDCAST.COM, and gives the user the basic and non-transferable rights of use.
VII. Availability of services
1. The user takes note that MYBOARDCAST does not guarantee for the availability of the services offered on MYBOARDCAST.COM. MYBOARDCAST expressly reserves itself the right, to stop either partially or completely the services offered on MYBOARDCAST.COM or to limit the availability of the services, without prior notice.
2. Against this background MYBOARDCAST takes no responsibility that the users can use the offered services at any time and/or without interruption.
VIII. Liability
1.MYBOARDCAST is only liable for damages, which depend on intentional or grossly negligent breaches of contract as well as for damages, which result from minor negligent breaches of essential contract duties. In the last case the liability of MYBOARDCAST is limited to the typically predictable damage at the moment of the contract conclusion. The liability of MYBOARDCAST.COM for damages on life, body and health as well as the product liability law remains untouched. The preceding restrictions of liability also apply to breaches of duty of the legal representatives or executives of MYBOARDCAST.
2. Claims for damages against MYBOARDCAST come under the statute of limitations after 12 months from their origin. Claims that are based on an intentional or unauthorized action as well as those, which are based on liability according to the product liability law are excluded.
3. The preceding liability limitations also apply to MYBOARDCAST connected enterprises as well as to the personal liability of employees, representatives, associates and executives of MYBOARDCAST and/or with MYBOARDCAST connected enterprises.
IX. Indications for infringement
1. In the Footer of WWW.MYBOARDCAST.COM, under the navigation point "Contact Us" a form is deposited, where persons, who are of the opinion that contents of users, offend their copyrights or other protective rights, can get in touch with MYBOARDCAST. Please note that for a prosecution of the affirmed breaches it is absolutely necessary to give entire and correct details.
2. Should users have put contents on MYBOARDCAST.COM, which in your opinion offend these terms and conditions or legal regulations, we ask you to get in touch with us via the address given in the imprint, and to inform us about the precise place and the category where you found the content.
X. Protective Rights of MYBOARDCAST
The user accepts that all trademarks and other protective rights in the offer of MYBOARDCAST.COM and all its trademarks are solely entitled to MYBOARDCAST, and may not be used without the prior written consent of MYBOARDCAST. Furthermore, no software of the offer may be copied, decompiled or changed otherwise, if not expressly agreed upon by MYBOARDCAST.
XI. Privacy
On the offer accessible under MYBOARDCAST.COM, our privacy statement is applicable, of which you herewith take note.
XII. Terms of Payment
1.Topic
The following conditions apply to all payable services you take advantage of at MYBOARDCAST.COM; in particular for the purchase of impressions for your advertising campaign and a BUSINESS PRO membership. Details about the fees of the payable memberships are regulated in the "PRO Membership" site of the MYBOARDCAST web pages. The prices listed there are binding. The fees of the payable memberships and purchased impressions for your advertising campaigns are due immediately after billing for the whole duration. The user can pay these fees by means of the online payment procedures offered there. If a fee cannot be collected, the user has to bear all resultant costs, in particular bank charges in connection with the return of debits and comparable fees, to the extent of the cost-releasing incident. MYBOARDCAST can transmit bills and payment reminders via e-mail to the users. MYBOARDCAST will send these invoices to the user by post.
2. Payment Methods
We want you to can accomplish your payments as comfortable as possible. Therefore you can use the comfortable, quick and save payment method via PayPal.
a) If you select a payment method, you confirm at the same time that you are authorized to use this payment method. In addition, you authorize us to register and to save it together with other relevant data for the transaction.
b) If you accomplish a payment, you authorize us (and our designated payment liquidators) to settle the entire amount of the payment method indicated for this transaction.
c) If you pay by credit card or debit note, we can ask the provider of the credit card in advance for the permission of the purchase amount. We will charge your credit card at the moment of the purchase or shortly after. If you cancel a transaction before it is finished, the permission asked for in advance can lead to the fact, that your funds will not be directly available for you otherwise.
d) If you pay per debit note, and you have to pay over-limit charges or other fees to your bank because of your payment, you are solely responsible for these charges.
3. Special Regulations for Advertisers
a) If you pay for advertisement on/or with the help of MYBOARDCAST, you agree to pay all the amounts listed in the order together with all the arising taxes.
b) You are responsible for the security maintenance of your advertising account and you understand that all orders which are placed in your advertising account or with the help of your advertising account will be charged.
c) You have the possibility to cancel an order by contacting us. However, it is possible that your adverts are still indicated some days after you informed us about that. In this case you are obliged to pay for these adverts.
d) Your order constitutes for us a written authorization to the obtaining of your personal and/or business credit information of a credit institute. We can obtain credit information at any time after you have placed your order.
e) You are responsible for the payment of all taxes, which arise, through your transaction. You agree to compensate us for all demands, which originate from your omission to do this, and to release us from any liability.
4. Duration, ending of the contract, refund of payments made in advance
a) The user can quit the free membership at any time without giving any reasons. The cancellation can be accomplished via the contact form on the MYBOARDCAST.COM websites accessible from every website. With the cancellation, the user name and the registered e-mail address of the user on the website has to be indicated.
b) The charged BUSINESS PRO Membership run at first over the booked minimum duration of usage. After this, the BUSINESS PRO membership will be extended to periods of the same duration, if the user or MYBOARDCAST does not quit it in due time. The user and MYBOARDCAST are allowed to quit the BUSINESS PRO membership without giving any reasons within a period of fourteen (14) working days until the expiry of the minimum duration of usage booked in the registration process or afterwards at the expiry of an extended period. The cancellation can be accomplished via by the contact form on the MYBOARDCAST websites, accessible from every website, or by fax or letter to MYBOARDCAST. With the cancellation, the user name and registered e-mail address of the user on the website have to be indicated. After the cancellation of a charged membership the free membership is preserved to the user up to its ending. The regulations in number 3.a) leave the right untouched, that both parties are allowed to quit for important reason.
c) An important reason for MYBOARDCAST is in particular, when the proceeding of the contractual relationship up to the expiry of the legal notice is not reasonable for MYBOARDCAST, after having taken into account all circumstances of the isolated case and having weighed the interests of MYBOARDCAST and the user.
Important reasons are in particular the following occurrences:
Violation of legal regulations by the user, offence of the user against his contractual duties, in particular from figures III and IV of these terms and conditions; The reputation of the services offered on the MYBOARDCAST - websites is considerably impaired by the presence of the user (e.g. if it turns out after the registration of the user that the user is legally condemned because of an intentional criminal offence and other users know about this conviction); the user advertises unions and communities, or their practices or activities which are observed by security services or by authorities for the protection of children and young people; the user harms one or several other users, or the user is member of a sect or a religious community considered as controversial in Germany.
d) By presence of an important reason as for figure XII.3.c) MYBOARDCAST is also able to impose the following sanctions against the user regardless of a cancellation as for figure XII.3.c):
Deletion of contents that the user has put on MYBOARDCAST.COM, Dictum of a Warning or Blocking of the access to the services of the MYBOARDCAST - websites.
e) In the following cases the claim of the user for refund of fees paid ahead is excluded:
MYBOARDCAST terminates the contract according to figure XII.3.c) for important reason, MYBOARDCAST blocks the access of the user according to figure XII.3.d) or the user quits the contract; nevertheless, the claim of the user for refund of fees paid ahead is not excluded if the user gives notice because of an important reason which derives from the responsibility of MYBOARDCAST.
5. Right of Withdrawal for Consumers
Provided that you register yourself on MYBOARDCAST for a purpose, which is neither of the nature of your commercial, or your independent professional activity, the following regulations apply to you as a consumer in terms of the law (§13 German Civil Code):
a) Right of withdrawal
You can revoke your contract within two weeks without giving reasons in text format (e.g., letter, fax, e-mail). The term begins after receipt of this instruction in text format, but not before the completion of the contract and also not before the fulfilling of our duties of information according to §312c paragraph 2 German Civil Code (BGB) in connection with §1 paragraph 1, 2 and 4 German Civil Code – Info V as well as our duties according to §312e paragraph 1 sentence 1 German Civil Code in connection with §3 German Civil Code – Info V. For the protection of the withdrawal term the timely sending of the withdrawal is enough. The withdrawal has to be addressed to:
MYBOARDCAST UG (with limited liability)
Taubenstraße 32
85368 Moosburg an der Isar
Fax: +49 8761 9635
Email us here
The withdrawal can also be accomplished via the contact form accessible from every website on the MYBOARDCAST websites, and can be sent directly to MYBOARDCAST.
b) Consequences of Withdrawal
In case of an effective withdrawal any received achievements of both parties have to be given back as well as any received benefits (e.g. interests). If you are not able to return the received achievement or only parts of it, or only in a deteriorated condition, you have to compensate for the lost value. This can lead to the fact that you must fulfill the contractual bills for the period up to the withdrawal. Obligations to the refund of payments must be fulfilled within 30 days. The term begins for you with the sending of your withdrawal statement, for us with its receipt.
c) Early expiry of the withdrawal right
Your withdrawal right early expires according to §312d paragraph 3 German Civil Code if the contract is fulfilled completely by both parties according to your explicit wish, before you have executed your withdrawal right.
XIII. General remarks
1. For these terms and conditions and the whole legal relations between MYBOARDCAST and the users the right of the Federal Republic of Germany excluding the UN-purchase right is applied. Place of fulfillment is Moosburg an der Isar.
As legal venue is agreed Moosburg an der Isar.
2. Any ineffectiveness of single regulations of these terms and conditions does not affect the effectiveness of the remaining regulations. Ineffective or invalid regulations are to be replaced by those, which come closest to the content and purpose of the commercial intention; the same applies to any possible omission in these terms and conditions.
