1. General information
1.1. These General Terms and Conditions govern the use of the Choir Manager by the User (hereinafter "You") on the website www.choirmanager.com (hereinafter "Website"). The operator of Choir Manager and contractual partner of the user is G&L Geißendörfer & Leschinsky GmbH (hereinafter "we" or "us").
1.2. Unfortunately, we cannot accept any deviating conditions from you unless we have expressly agreed to the conditions in writing. This also applies if we enable you to use the services on the website in knowledge of your conflicting or deviating conditions and we have not contradicted these conditions.
2. Subject of performance
2.1. The purpose of the Choir Manager is the management of appointments of choirs and their members. If you want to use the functionalities of the Choir Manager, you have to create a user account. For this purpose, a corresponding registration with us is required (see Section 3). Upon successful registration you will receive access data (e-mail address and password) to your user account which you can then use to log in to the Choir Manager.
2.2. As a user you have the possibility to participate in one or more choirs either as a manager or as a singer. If you are registered as a manager in a choir with the Choir Manager, you can, for example, send appointment invitations to choir members or add persons to the choir or assign them to specific choral voices. If you are registered with the Choir Manager as a singer in a choir, you have the possibility to inform yourself about upcoming choral events or to view contact information of other choir members or to upload files and share them with the other members of a choir. You can find more detailed information about the scope of services of the Choir Manager at https://www.choirmanager.com/en/features
2.3. Due to the special features of the Internet as a communication medium, we regret that we cannot promise you uninterrupted availability of the website. However, within the scope of the technical and organisational possibilities available to us, we strive for an availability of at least 98% on average for a calendar year. This availability calculation excludes malfunctions or inaccessibility of the website which are beyond our control (e.g. malfunctions of public telecommunications networks or power failures) as well as non-availability due to maintenance or security reasons.
3. Registration and conclusion of the contract for the use of the Choir Manager
3.1. You have the option to initiate a registration process with the Choir Manager via a registration button ("Sign Up now") on the Website.
3.2. Unless you have been added to a choir as a singer by a manager already registered with the Choir Manager, you will always be registered as a manager via our registration form.
3.3. When registering, you must provide a valid e-mail address and a password of your choice. This data serves as access data to your user account at Choir Manager. After you have entered all necessary information in the registration form, you need to complete the registration by clicking the "Create Account" button. With this click you submit an offer for the conclusion of a contract for the use of the Choir Manager. Upon successful registration, you will immediately receive an automatically generated e-mail from us summarizing your registration data ("Registration Confirmation"). In this case the contract between you and us comes into effect as soon as you receive the confirmation of registration.
3.4. There is also the possibility that a manager will add you as a singer to a choir. If you are not yet a Choir Manager user, you will receive an e-mail inviting you to the Choir Manager and containing a link to a registration page. The activation link is active for four weeks. In this case, a contract between you and us comes into effect when you follow the link and click the registration button ("Create an account") on the corresponding registration page. After registration you will be automatically added as a singer to the choir to which you have been invited.
4. Account usage
4.1. Only natural persons can register with the Choir Manager. Registrations of companies, associations or similar as well as automatically created accounts e.g. of so-called "bots" are not allowed. If the user has not yet reached the age of 18, the use requires the consent of the legal representative.
4.2. When registering, you must provide, o.a., your name and a valid e-mail address. In principle, it is possible to enter a pseudonym instead of your real name. However, we recommend that you enter your real name so that you can make full use of the functions of the Choir Manager and can be identified by other choir members. All other information you provide during registration must also be truthful.
4.3. A user account may only be used by one person. This means, in particular, that you are obliged to protect your access data from unauthorized access. We assume no responsibility for any damage resulting from unauthorized use of your user account.
4.4. An identification of persons on the Internet is only possible to a limited extent. Therefore, we cannot guarantee that a user registered with the Choir Manager is in fact the person he claims to be. If you therefore have doubts about the identity of a user, you have to convince yourself of the identity of the respective user.
5. General Terms of Use
5.1. If you wish to publish a photo on the Website, e.g. on your profile, you must ensure that the public reproduction of the photo you publish on the Website is permitted. You should therefore particularly check whether you have the necessary copyrights, e.g. of the photographer, to upload the image to the website.
5.2. While using the Choir Manager you must not violate any legal regulations. In the context of the range of services described in Section 2, you are in particular prohibited from
• distributing content that glorifies violence, is pornographic or violates the protection of underage persons via the Choir Manager;
• using offensive or defamatory contents;
• unreasonably harassing other users, in particular through anti-competitive activities such as unsolicited advertising, chain or pyramid schemes;
• distributing protected contents via the Choir Manager, in particular copyrighted contents, without being entitled to do so.
5.3. You must also refrain from the following actions, regardless of whether or not this constitutes a violation of the law in individual cases:
• Execution of distribution activities of any kind;
• offensive, offensive or sexual communication;
• Any action that could impair the functionality of the Choir Manager, in particular electronic attacks on the website (e.g. hacking attempts or brute force attacks) and actions that overload the infrastructure of the website (e.g. mass sending of notifications or messages).
5.4. If a user has uploaded files in order to share them with other members of a choir via the Choir Manager, they will not be deleted until they are deleted separately by the user who uploaded the file or a manager of the choir.
6. Our rights
6.1. If you violate Section 4 or Section 5 of these terms and conditions, we are entitled at any time, at our sole discretion,
• to warn you,
• to delete some or all of your content,
• to restrict your use of the Choir Manager, or
• to temporarily exclude you from using the Choir Manager.
Our right to cancel your user account or your membership in individual choirs remains unaffected.
6.2. We are entitled to change the scope of services of the Choir Manager, provided that this does not impair your legitimate interests as a user.
7. Responsibility for content
7.1. We offer you the Choir Manager merely as a technical platform for communicating with other users. In terms of content, we are not involved in such communication.
7.2. We also assume no responsibility for the content and data provided by users of the Choir Manager or for content on linked third-party websites.
8. Data protection
8.1. The handling of your data in accordance with data protection regulations is very important to us. The collection, processing and use of your personal data is therefore carried out exclusively in accordance with the applicable data protection regulations. Please review our data protection declaration for further details at https://www.choirmanager.com/en/privacy/
8.2. If we act for you as a processor in accordance with Art. 28 DS-GVO, we will provide you with corresponding contracts.
9. Term and ordinary termination
9.1. General information
9.1.1. Your membership of the Choir Manager begins with the conclusion of the contract in accordance with Section 3 of these terms and conditions and runs for an indefinite period.
9.1.2. We offer the Choir Manager free of charge. You have no right that we operate the Choir Manager for an unlimited period. Rather, we may, at our discretion, change or discontinue individual functions of the Choir Manager or even discontinue the operation of the Choir Manager as a whole.
9.1.3. The right to terminate your user account or your membership in a choir for good cause remains unaffected by the following termination rules. A compelling cause which entitles us to terminate the contract exists in particular if you are in breach of the General Terms of Use (Section 5) or if you have been inactive on the website for more than twelve months. Furthermore, there is a compelling cause if we decide to discontinue to operate the Choir Manager. Termination for good cause requires text form (e.g. email, fax).
9.2. Term and regular termination of membership in a choir as manager
9.2.1. You can either a) delete your account or b) leave the choir or c) delete the choir at any time.
9.3. Term and regular termination of membership in a choir as a singer
9.3.1. If you are registered as a singer for a choir, your membership in that choir will expire indefinitely. You can inform us at any time by clicking on the button "Leave Choir" on the detail page of the respective choir that you would like to cancel your membership as a singer in the respective choir. In this case you will receive an automatically generated e-mail asking you to confirm the cancellation of your membership as a singer in the respective choir by clicking a link in the e-mail. The cancellation of your membership as a singer in a choir in the Choir Manager only becomes effective after you have clicked on this link.
9.3.2. In addition, the manager of the respective choir is also entitled to withdraw your membership in a choir in the Choir Manager at any time. We expressly point out that we as the platform operator have no influence on the manager's decisions regarding the exclusion of choir members from the choir manager.
9.4. Ordinary termination of the user account with the Choir Manager
9.4.1. Both you and we may terminate your Choir Manager user account at any time. The termination of the user account will at the same time terminate the membership in all choirs of the Choir Manager in accordance with Section 9.1 or Section 9.2.
9.4.2. By clicking on the "Delete" button on the "My Profile" page, you can inform us at any time that you wish to cancel your Choir Manager user account. In this case you will receive an automatically generated e-mail asking you to confirm the cancellation of your user account by clicking a link in the e-mail. Please note that the cancellation of your user account will only take effect once you have clicked on this link. As soon as your account has been effectively deleted, you will receive another confirmation email.
a) If you are a choir manager, the choirs in which you are the only and primary choir manager will also be deleted automatically when you delete your profile, including all dates and files that you have uploaded (pictures, attachments). In such cases, the membership of the individual singers in the respective choir in the Choir Manager also automatically ends without our termination or that of the individual singers in the respective choir being required.
b) If you are the primary manager of a choir, but not the only one, the previously secondary manager will automatically become the primary manager of this choir when you delete your profile.
c) For choirs for which you are not the primary choir manager, the appointments you have created and the uploaded files will be retained until the choir is deleted. If you want to delete the files you uploaded, you can do it manually before deleting your profile. Please remember that you can only delete the files if you have a profile and therefore also user access to the Choir Manager.
10. Free usage
The use of the Choir Manager is free of charge, both as a singer and as a choir manager.
11. Indemnification
11.1. You indemnify us from all claims of third parties, in particular from claims due to copyright and personal rights violations, which are raised against us on the basis of content you have posted or on the basis of your other use of the Choir Manager. We are entitled to take suitable measures ourselves to defend against claims of third parties. You must coordinate your own measures with us in advance. The indemnity also includes the reimbursement of costs which we incur or have incurred as a result of legal defence.
11.2. The obligations referred to in paragraph 1 do not apply if you are not responsible for the infringement in question.
12. Liability
12.1. We shall be liable in accordance with the statutory provisions if you assert claims for damages based on intent or gross negligence, including intent or gross negligence on the part of our representatives or vicarious agents.
12.2. If we are accused of a slightly negligent breach of a major contractual obligation, the fulfilment of which is essential for the proper performance of this agreement, the breach of which endangers the purpose of the contract and on whose compliance you can regularly rely, our liability for damages shall be limited to the foreseeable, typically occurring damage.
12.3. Liability for culpable injury to life, body or health as well as liability under the Product Liability Act and Art. 82 DSGVO remain unaffected.
12.4. Unless otherwise provided in these terms and conditions, our liability is excluded.
13. Final provisions
13.1. Insofar as written form is provided for in these General Terms and Conditions, this means exclusively written form within the meaning of § 126 BGB.
13.2. All agreements that contain an amendment or change to these General Terms and Conditions must be recorded in writing. Information in brochures, advertisements or other documents, in particular on the website, serve only as a description and do not constitute a guarantee, in particular no guarantee of quality. Guarantees require our express written confirmation.
13.3. Should one or more provisions of these terms and conditions be or become invalid or void in whole or in part, or should these terms and conditions contain a gap, the validity of the remaining provisions of these terms and conditions shall remain unaffected. This does not apply if adherence to the contract would constitute unreasonable hardship for a contracting party.
13.4. All legal relations between you and us shall be governed by the law of the Federal Republic of Germany in exclusion of its conflict of laws provisions and in exclusion of the UN Convention on Contracts for the International Sale of Goods, unless mandatory law from the consumer's country of origin excludes the application of German law.
13.5. We participate in a dispute settlement procedure before a consumer arbitration body. The responsible consumer arbitration office is the General Consumer Arbitration Office of the Zentrum für Schlichtung e.V., Straßburger Str. 8, 77694 Kehl, phone: +49 7851 7957940, fax: +49 7851 7957941, www.verbraucher-schlichter.de, mail@verbraucher-schlichter.de.