Terms of Service

Preamble

Welcome to Guzz! It's our goal to build a community of people helping each other. Wie believe direct and easy access to another person's expertise will make your everyday life a bit easier.

This is why we are offering you a 1:1 video chat service that supplements traditional communication channels like forums and can be used via smartphone, tablet, or web-browser. Using Guzz, you can work together on topics or problems that can be tackled better via direct personal exchange.

To make this work, is is necessary that we ask all Guzz users to treat each other with respect, honesty and responsibility. We want you to feel good when using Guzz and get the maximum out of it. So please familiarize yourself with our terms of use, so that you know what is, and isn't, allowed on Guzz.

We wish you lots of fun and joyful experiences with Guzz. Be fair!

This agreement was written in German. To the extent any translated version of this agreement conflicts with the German version, the German version controls.

General terms and definitions

Thanks for using Guzz. Guzz is a social network service provided by Tom Brückner ("Guzz" or "we") located at Wiesenstraße 17, 76356 Weingarten, Germany, and will operate exclusively on the basis of these General Terms and Conditions ("Terms").

These Terms exclusively regulate commercial relations between Guzz and you as the user of the Guzz service. You are a "user" in the sense of these terms, if you register at Guzz and log-on in order to use the services provided. You are an "adviser" in the sense of these Terms, if you additionally register yourself as a "Guzz Guru", in order to support other users and provide information to them. Advisers are always users, too.

Deviating conditions of users are hereby expressly excluded, unless agreed in individual cases expressly and in writing. To use Guzz, it is necessary that you agree to the Terms. If you do not fully accept the Terms, you may not use Guzz, although we would of course regret this very much!

Subject of Activity of Guzz

Subject of activity of Guzz is to provide a brokering service for the exchange of information by advisers who register as “Guzz Gurus” via a corresponding entry in their user profile. The service is exclusively provided on the internet and can be accessed via a mobile device (smartphone or tablet) or a desktop PC.

Warranty and Liability

Guzz and / or its employees and agents accept no responsibility nor warrant that the Guzz services are suitable for a particular purpose, reliable, available, or timely. The service is provided “as is” without warranty of any kind, unless the defectiveness of the service is based on a deliberate or grossly negligent behavior of Guzz or its employees or agents or a breach of essential contractual obligations.

Users on their part cannot have any claim on the brokering service of Guzz. The use of Guzz is at the user's own risk and under their own responsibility whatever the case.

Guzz accepts no liability whatsoever for the content of the advices provided by the advisers. As regards to the results of the brokerage of Guzz, the exclusive contract that will come about will be a contract between you as the user and the adviser. Guzz is not a party of this legal relationship and does not verify the identity or capacity of its users. Guzz does not guarantee identity or creditworthiness of its users and is excluded from all liability in relation to this.

As a user, you decide in complete freedom and under your own responsibility how far you will follow any advice given. Guzz takes and has no influence on this and thus does not accept any liability for your decisions. Granted information and advice can not replace the professional advice of certain professional groups and have only non-binding information purposes.

Guzz and / or its employees or agents do not participate in the provision of information, advice or content by the advisers and do not represent or endorse and will not be responsible for the reliability or performance of the advisers or for the safety, quality, accuracy, integrity or legality of any advice, opinion, offer, proposal, statement, data or other information provided by the advisers, or for any actions, errors or omissions of the advisers. Guzz disclaims all liability in this respect, to the extent permitted under applicable law of the Federal Republic of Germany.

As an adviser, you keep the full and exclusive responsibility for any content provided by you. The subjects for which advice and advisers are brokered through Guzz are defined by the advisers themselves. However, Guzz reserves the right to amend or restrict these subjects at its own discretion. Guzz won't broker any advice that violates against the law in any way. The operators of Guzz will delete such subject areas as soon as they have become acquainted with them.

Guzz is not liable for any content or activities originating from users, even if those users are not advisers. User-generated content and activities can not be attributed to Guzz, nor do they represent the opinion of Guzz. Guzz disclaims any responsibility or liability for any of such content distributed on the platform. Guzz is exclusively a “host provider” in the sense of the German Telemediengesetz (tele-media act). The content distributed is “foreign content” in the sense of the Telemediengesetz. This includes links to other websites that have been published on the Guzz platform by Guzz users. Links displayed on the Guzz platform are not verified by Guzz. Guzz is not responsible for any content, links, updates or changes on the websites that have been linked to.

Guzz offers a reporting function you may use to point Guzz to content that in your opinion violates applicable law and / or the terms of use specified under “General Rules of Conduct”. In addition, you may also send an e-mail to complaints@guzz.io if you should notice inappropriate activity on Guzz.

Guzz does not accept any liability for data losses or damages done to the user's computer when using Guzz, insofar as these were not caused deliberately or in a grossly negligent manner by Guzz. Guzz is not liable for malfunctions, errors, delays and other impediments to performance that may arise during transmission of content over the Internet. In particular, Guzz has no influence on data transmission via the internet and assumes no liability whatsoever for access to and availability of the internet.

Guzz and/or its employees or agents disclaim any liability for indirect damages, in particular consequential damages, unforeseeable or untypical damages, as well as loss of profit. Guzz is furthermore not liable for official procedures implemented by the authorities, labour disputes, incidental losses and force majeure.

The preceding liability regulations cover all contractual and non-contractual claims which arise out of the present agreement or the use of the Guzz service.

Registration

In order to use the Guzz services, you have to fill out a registration form prompting for your username, password, and own e-mail address. After successful registration, you are a user of the Guzz services. Registration is free of charge. There exists no claim to registration.

By entering your data as part of the registration via the internet you are accepting these General Terms and Conditions. They set the legal basis for all subsequent activities you carry out using your access data. Since your registration creates a contractual relationship between you and Guzz, you may not pass on the username you selected to any third parties.

Guzz disclaims any responsibility for the registration of usernames covered by third-party rights. You as the user are responsible for any consequences of registration and usage of such a username. You may not register a username with ambiguous, offensive or insulting content.

Your password is your key to your access to Guzz, in combination with either the username or the e-mail address you provided for registration. In order to prevent misuse of your access data, you are subject to the following obligations:

You are responsible for the confidentiality of your password. You are responsible for all activities occurring under your username and thus may not pass on your password to any third party. Guzz will never ask you to disclose your password, hence you may not disclose it to others even if they ask you to do so.

Please select a password that cannot be easily guessed by third parties. In particular, it should not be identical to your user name, your birth date, or any other data you entered for registration.

If your access data should get lost or you suspect someone using your access data in an abusive manner, you have to inform Guzz immediately.

Use by Minors

You may use Guzz if you are 13 years of age or older. If your are between 13 and 18 years of age, you must have a parent or legal guardian's permission to use Guzz.

In case legal guardians allow usage by a minor, they accept their responsibility for the conduct of the minor online as well as for the compliance with the these Terms. The legal guardians further have to be aware that Guzz cannot be held legally responsible for the contents of chat conversations, due to the personal responsibility of its adult users. Hence, legal guardians are required to supervise the usage habits and chat partner selections of their minors.

General Rules of Conduct

As a user, you are required to use Guzz' services in a law-compliant manner. You may not offer, provide, ask someone to provide, enter or let someone enter, search, query, advertise for or link to content that

promotes sedition,
glorifies or trivializes violence,
leads to or threats with criminal offenses,
contain prohibited pornographic content,
violate privileges of rank, law, or honest business practices.

Guzz reserves the right to decide on the publication or abridgment of user-generated content. You may not use links in text entries, chats or e-mails that lead to websites containing at least one of the aforementioned forbidden content types.

Furthermore, it is prohibited to

provide content that violates copyrights or other proprietary rights (trademarks, registered designs, patents),
provide content or advice that may contribute to the danger of life and limb of other users,
disseminate propaganda or material of unconstitutional organizations,
perform technical attacks on the Guzz online platform, its connected servers, or its mobile applications,
disseminate computer viruses or similar malware that may destroy, make wholly or partly unusable or modify hardware, software, data or files of Guzz, its users, or third parties
leave ratings or feedbacks on your own user profile,
annoy, harass, terrify, intimidate, slander, threaten, offend, or bother other users, publish abusive criticism, untruths or anti-competitive statements about them, or cause other annoyances to them
collect data of people using the Guzz online platform or its mobile applications, or to store, modify, transfer, or use other users' data in any other way
to distribute or publicly display content from Guzz, neither as a whole nor in separate units.

As a user, you accept to comply with existing youth protection legislation. This includes in particular that you have to obtain information about the age of your chat partners, if this is relevant to the content of your chat. When chatting with children or adolescents, you must not express or publish content with sexual connotations, glorification of violence, discriminations or immoral statements that might potentially impair the development of children or adolescents. This applies regardless of whether these contents violate legal regulations.

If you are a minor and feel uncomfortable, there are several steps you can take: exit the session (by clicking on "Leave" to quit the video-chat), block the user (by clicking on the respective link on the user's profile page), or report the abuse (also via a link on the profile page).

As a user you agree to comply with these rules of conduct and prohibitions, in particular in respect to the access to and dissemination of illegal content. You will be liable if you use Guzz abusively or violate against the aforementioned rules. You will indemnify Guzz against all claims asserted by any third parties because of a violation against these rules and agree to hold Guzz harmless from any costs incurred for the defense against such claims. This includes the costs for legal proceedings and legal defense.

Privacy Policy

The regulations of the Guzz Privacy Policy are part of these Terms of Service. By using our service, you accept these regulations.

Usage Rights and Copyright Protection

Guzz is entitled to publish via the Guzz platform any photo, text, audio, or video material that you add to areas that are visible to other uses, like your user profile. You ensure that you have the necessary rights to use these materials and entitle Guzz to publish them. Note that media created by third parties are often protected by copyrights. Therefore, they may not be published or distributed without the consent of the copyright owner. You may add them to Guzz only if there is no conflict with any right, in particular copyright, owned by a third party in respect to their publication and dissemination.

Changes

Guzz may modify these Terms to, for example, reflect changes to the law or changes to our services. You should look at the Terms regularly. If changes are significant, we will inform you via e-mail. This notification does not have to include the changes, but it has to notify you of where the changed contractual conditions can be viewed or obtained from in a reasonable way. Changes will not apply retroactively and will become effective for registered users no sooner than four weeks after they are posted. However, changes addressing new functions or changes made for legal reasons will be effective immediately. If you continue to use Guzz after the expiration of the respective deadline, you accept the changes. If you do not agree to the modified terms, you should discontinue your use of Guzz.

Final Provisions

The laws of the Federal Republic of Germany shall apply with the exclusion of UN international trade law. Place of fulfillment and jurisdiction for both parties is, as far as legally allowed, Karlsruhe, Germany.

Should parts or individual formulations of this text not, no longer or not fully comply with current law, all other sections of the documents will remain unaffected in terms of their contents and their validity. In such an event, the corresponding legal provisions shall apply.