§ 1 Description of the Mister Wong Service
1.1 Mister Wong makes a platform available to Internet users who wish to save and manage interesting websites, links, and text content in a personal account. Users not only have access to their own saved content but also to the content saved and managed by other users. Every user can decide whether to save a website for him or herself or publicly for other users. Mister Wong makes it possible to exchange such websites with other users, to evaluate them, and to provide them with personal comments. At Mister Wong the websites that are evaluated as being particularly good are those which are saved as favorites by a large number of users.
1.3 Mister Wong reserves the right to change its website as and when required.
1.4 Mister Wong also reserves the right to delete or privatize members' names and user accounts, keywords (tags), URLs (links), and groups if they:
- have racist, sexist, insulting, slanderous, inciting, religiously injurious, or threatening content
- have content that is criminally relevant in any way or violate legal regulations
- may be regarded as spam (see § 8 Anti-Spam Guidelines)
- improperly use the name of a natural person or legal entity or any other legally protected names
- misuse the function for sending messages to other users for the purpose of distributing spam, advertising, or bulk messages.
§ 2 Registration; Conclusion of a Contract
2.1 Part of the Mister Wong platform is accessible without registration as a user. However, in order to save and manage personal content on the Mister Wong platform it is necessary to register as a user.
2.2 A contract concerning use of the Mister Wong website comes into being upon submission of registration after prior acceptance of the present Standard Terms and Conditions.
2.3 The User can cancel his registration with Mister Wong at any time in text form (e.g. letter, fax, email) without having to state reasons. Cancellation must be sent to:
|Mister Wong GmbH|
|Managing Director:||Tobias Ihde, Kai Tietjen|
§ 3 Users' Rights and Duties
3.2 When Mister Wong services are being used, general laws must be observed. In particular, users are not allowed to use the Mister Wong website
- in order to disseminate material that is either illegal or in any other way defamatory or offensive
- in order to threaten or harass third parties or to violate third-party rights (especially the general right of personal privacy, copyrights and any other rights involving industrial rights protection)
- in order to upload to the Mister Wong website any data that is either infected or harmful in any other way
- in order to make incorrect or erroneous entries concerning their person upon registration, especially registering with a false identity.
3.3 Notwithstanding any consequences in common law and/or criminal law, non-observance of the above code of conduct shall entitle Mister Wong to terminate the relevant user's access without notice and to permanently exclude the same from use for the future, or to privatize him. The method of sanctioning is at Mister Wong's discretion.
§ 4 Mister Wong's Rights and Duties
4.1 Mister Wong is not obliged to make its website available at all times or to ensure that it can be used without errors. This particularly applies if access to the Mister Wong website is affected by disruptions that are beyond the influence of Mister Wong. Furthermore, Mister Wong shall be entitled, at all times and without prior notice, to temporarily completely discontinue or restrict the availability of its website for maintenance or modernization work.
4.2 Mister Wong shall be entitled, in response to such a request, to surrender the data saved by the user in the event of any criminally relevant actions on the part of the user (especially such concerning pornographic or anti-alien content) and any other common-law violations, especially with respect to trademark law, competition law or copyright law concerning third parties (e.g. criminal prosecution authorities, parties involved or injured directly or indirectly).
§ 5 Guarantee and Liability
5.1 Mister Wong does not give any guarantee that the website made available by it is available at all times without any errors or that it is suitable for certain purpose. This particularly applies if access to the Mister Wong website is affected or unavailable on account of disruptions, the cause of which is beyond the influence of Mister Wong.
5.2 Mister Wong gives no guarantee for content provided by users and in particular it is not obliged to check such content for legal violations.
5.3 Mister Wong is liable
- for any damage caused by harm to the body, life or health that is due to willful intent or negligent violation of duties on the part of Mister Wong, a legal representative of Mister Wong, or a universal agent of Mister Wong;
- for any damage that is covered by liability under the German Product Liability Act;
- for any other damage that is due to willful or grossly negligent violation of duties on the part of Mister Wong, a legal representative, or a universal agent of Mister Wong;
- for any damage that is caused by simple negligence on the part of Mister Wong, inasmuch as the negligence involves violation of material contractual duties (cardinal duties). Cardinal duties are such duties as the contract has to grant the contracting party according to the spirit and meaning of the contract, or ones whose fulfillment enables proper performance of the contract and on compliance of which the contracting party may rely. In such cases, however, the liability of Mister Wong shall be restricted to damage that is typically associated with the contract and is foreseeable.
§ 6 Data Protection
Mister Wong respects the privacy of its users. Mister Wong treats the personal data of its users confidentially and only makes such data available to third parties if this conforms to applicable law or the user has consented to data being passed on. Details concerning data protection at Mister Wong are contained in the Data Protection Regulations.
§ 7 Term of Contract and Termination
7.1 The contract of use is concluded for an unlimited period of time.
7.2 Either party may terminate this contract at any time without having to state reasons.
§ 8 Anti-Spam Guidelines
According to § 1 para. 5 Mister Wong reserves the right, in the case of spamming, to perform permanent privatization (or deletion) of an account, a URL or a whole domain (blacklist); these will then no longer appear publicly on the Mister Wong website.
Spam is defined by Mister Wong as follows:
- Use of a number of accounts in order to manipulate the popularity of a bookmark
- Saving pure affiliate links or partner links
- Made for AdSense websites which only serve the purpose of presenting AdSense, banners and affiliate links and do not have far-reaching personal content
- Get rich quick websites ('Get rich with only 5 minutes of work a day')
- Saving websites under construction and domain sale offers
- Saving an usually large number of bookmarks pointing to just one domain
- Use of advertising in the description of the bookmarks
- Unsuitable and/or erroneous descriptions of bookmarks that are not associated with the website proper
- Misuse in order to develop link popularity
- Links to pornographic, right-wing extremist, violence-glorifying, illegal, morally objectionable and/or unreasonable content
- Links to dialer sites, phishing sites or sites with other damaging content
- Automatically redirecting websites and websites that open a large number of advertising windows
- Saving bookmarks for advertising purposes
§ 9 Referrals and Links
Mister Wong has no influence whatsoever on the current or future design, content, or authorship of the linked sites. For this reason Mister Wong explicitly dissociates itself from all content on all linked sites. This shall apply to all links and references placed on its own website and to any third-party entries. With regard to any illegal, erroneous or incomplete content, and particularly any damage or loss that may result from use or any information not disclosed in such a way, liability is held solely by the owner of the site to which the linked pointed, and not the party that merely points to the respective publication in links.
§ 10 Copyright and Distinctive Mark Law
In all publications Mister Wong endeavors to observe the copyrights of the pictures, graphics, sound documents, video sequences, and texts used, to use pictures, graphics, sound documents, video sequences, and texts created by Mister Wong itself, or to resort to license-free graphics, sound documents, video sequences, and texts.
All brand names and trademarks indicated on the website and possibly protected by third parties are entirely subject to the provisions of distinctive mark law as amended and the property rights of the various registered owners. On the basis of a mere naming it is not possible to infer that brand names are not protected by third-party rights!
The copyright for published items created by Mister Wong itself remains solely with Mister Wong. Duplication and use of such graphics, sound documents, video sequences, and texts in other electronic or printed publications is not permitted without Mister Wong's explicit consent.
§ 11 Newsletter
Mister Wong issues to registered users a regular newsletter containing statistical data (e.g. the number of the user's bookmarks saved throughout a week, etc.) and current website tips. Subscriptions to the newsletter can be cancelled at any time by accessing the menu item "Profile". By accepting these Standard Terms and Conditions the user consents to the mailing of the newsletter to the email address indicated by him until it is cancelled.
§ 12 Final Provisions
12.1 In the event of disputes in connection with the Mister Wong website German law shall apply and the UN Convention on Contracts for the International Sale of Goods shall not apply.
12.2 Merchants, public law entities and special public corporations shall be subject to the jurisdiction of Bremen courts.
Correct at: August 2007