Website Terms of Use – Allgemeine Geschäftsbedingungen

Updated 26 April 2024

http://parentingbyyou.com

 

1.     Introduction. Impressum.

 

Welcome to our website https://parentingbyyou.com (the “Website”)! This webpage contains (1) the general terms and conditions under which I provide this service to you, but also (2) your rights and obligations in respect to your use of:

1.1  the Website,

1.2  any sub-domain of the Website,

1.3  any digital collaboration platforms that I use in the delivery of services (e.g. zoom.com, etc.)

1.4  all social media profiles and pages associated to the brand name “Parenting, By You” (including but not limited to any social media platforms such as Facebook, Instagram, Pinterest), as may be amended from time to time, and where a reference to the Website is made in these terms, it shall include all of the 1.1 to 1.4 above.

 

This Website is owned and operated by Mrs. Kaela Stuart (hereinafter the “Provider”, “I” or “me”), with registered office address at Schachblumenweg 26, 81377 München, Federal Republic of Germany, duly registered and validly operating as a trade (in German: “Gewerbe”), tax registration number (in German: “Steuernummer”) 146/223/50700, in accordance with the laws of the Federal Republic of Germany.

 

Responsible authority (“Zuständige Aufsichtsbehörde”): Landeshauptstadt München, Kreisverwaltungsreferat, Ruppertstraße 19, 80466 München.

 

You can connect with me through my social media platforms and contact me at parentingbyyou@gmail.com .

 

I am a service provider of consulting and ancillary services.

 

When visiting my website, in search for a service that I can offer you, or interested in learning more about me, you are a “User” of our website.

 

By accessing, visiting, surfing, registering on, or otherwise using or engaging with our website (hereinafter “use”, “using”, “usage”), either as a visitor or guest user, you agree to the clauses contained herein. They constitute the entire agreement between yourself, as user (hereinafter also “you”), on the one side, and us, as provider, on the other. This includes any changes, additions, amendments of these Terms from time to time, which shall become effective immediately upon posting. It is your responsibility to review these Terms prior to each use of this website, and by continuing to use this website, you agree to any changes.

 

Please carefully read and consider this document!

 

IF YOU DO NOT UNDERSTAND AND AGREE WITH ANY/ALL OF THESE TERMS, DO NOT USE OUR WEBSITE!

 

2.     Privacy

 

2.1.          Please carefully read and consider our Privacy Notice and Cookie Policy, which can be found here https://parentingbyyou.com/privacy for information on our data processing practices, and tracking devices policy, and any/all other notices, policies from time to time posted on our website or otherwise communicated to you, before using our website. They constitute an integral part of this agreement between you and us and together with these terms and conditions and any/all other notices, policies posted on our website or otherwise communicated to you, and any amendments thereof shall hereinafter be referred to as the “HTerms”.

 

3.       Terms of Use

 

3.1.          In order to fully utilize the website, you represent, warrant and covenant that:

3.1.1.     You are 18 years of age and/or of full capacity to contract.

3.1.2.     You are only using the website for your own personal use or as a person with appropriate authority on behalf of a legal entity.

3.1.3.     You comply with all applicable laws, rules and regulations.

3.1.4.     You adhere to all our published terms then in effect.

3.1.5.     You understand, accept and agree that all communications with us will be conducted online or remotely (e.g. through another online platform, e-mail, telephone, etc.), as the online medium is of the essence of our website.

3.1.6.     You are responsible for ensuring that all persons who use our website through your internet connection are aware of these terms and that they comply with them.

3.1.7.     It is strictly prohibited to use the website in an abusive manner. An “abusive” use of the website is any use in a manner or way which is against custom commercial practices, applicable laws, rules and regulations, and in any other way which may prejudice us or our affiliates or partners.

3.1.8.     You will not:

(i)               reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, object code or underlying structure, ideas, know-how or algorithms relevant to the website or any software, documentation or data related to the website (“Software”);

(ii)              modify, translate, or create derivative works based on the website or any Software (except to the extent expressly permitted by us or authorized within the website);

(iii)            use the website or any Software for time-sharing or service bureau purposes or otherwise for the benefit of a third party;

(iv)            introduce or permit the introduction of any virus into our IT systems;

(v)             access all or any part of our website in order to build a product or service which competes with us; or

(vi)            remove any proprietary notices or labels.

 

4.   Content on Our Website

 

4.1.          (i) Any/all content or information included, made available or communicated by us, through any means, and in any part of the world, written or oral, including but not limited to text, published materials, presentations, document creation flow, drafts, templates, procedures, work flows, sound, audio clips, graphics, page headers and footers, user interfaces, visual interfaces, image (static or dynamic), logos, artwork, buttons, icons, scripts, service names, digital downloads, data compilations, features, functionality, customization, computer code, software, applications, inventions or other technology, including but not limited to the design, structure, selection, coordination, expression, and “look and feel” of the Website

 

(ii) As well as the compilation of any of the above, and

 

(iii) As well as any enhancement, improvement, or modification of any of the above, and

 

(iv) Any/all patents, utility models, rights to inventions, copyright and related rights, trademarks and service marks, trade names and domain names, rights in get-up, goodwill and the right to sue for passing off or unfair competition, rights in designs, rights in computer software, database rights, rights to preserve the confidentiality of information (including know-how and trade secrets) and any other intellectual property rights, registered or not, including all applications for (and rights to apply for and be granted), renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist, now or in the future, in any part of the world, and any/all intellectual property rights related to any of the foregoing, included, made available or communicated by us, through any means, and in any part of the world, hereinafter all of the above being referred to as “Intellectual Property Rights”, are and shall remain the exclusive property of Kaela Stuart or its licensors, as the case may be.

 4.2.          You will have no rights or claims regarding our Intellectual Property Rights.

4.3.          You shall not act in any way that could infringe our Intellectual Property Rights.

4.4.          You shall not use in your activity any Intellectual Property similar or identical to our Intellectual Property Rights, either as part of a name or in any other way.

4.5.          You shall not, without our prior written express consent, copy, extract and/or re-utilize all or any part of our Intellectual Property Rights.

4.6.          Images of me as currently reproduced on the Website are the copyright of Sissy Isabella/Sissy Isabella Fotografie.

 

5.     License

 

5.1.          Subject to your compliance with these Terms, Kaela Stuart or its licensors grant you a limited, non-exclusive, non-transferrable, non-sublicensable license to access and use, for personal and non-commercial purposes only, any Intellectual Property Rights. This License does not include any resale or commercial use of the website or its contents.

5.2.          No content included on the website, nor any part of the website may be reproduced, duplicated, copied, sold, resold, visited or otherwise exploited for any commercial purpose without our express written consent.

5.3.          You may not misuse in any way the website. You may use the website only as permitted by law. The licenses to use the website granted by us hereunder shall terminate with immediate effect and without any further notice being required, if you do not comply with these Terms.

 

6.   User-generated Content

 

6.1.          As a service provider, we are responsible for our own content on the website in accordance with general laws as per Section 7 paragraph 1 Telemediengesetz (“TMG”). However, according to Sections 8 -10 TMG, as a service provider, we are not obliged to monitor transmitted or stored third-party information or to investigate circumstances that indicate illegal activity. Obligations to remove or block the use of information in accordance with the law, upon being informed or notified of such illegal content, remain unaffected.

6.2.          All content (text, photo, video, etc.) that you post to the website (such as product reviews, messages sent, social media posts you tag, social media shares, or comments left on social media), hereinafter referred to as "Content" is the sole responsibility of the person who created such content.

6.3.          Although we do not routinely monitor content posted by users, we reserve the right to do so and remove content that violates these Terms (or applicable law) of which we are aware, but we have no obligation to do so.

6.4.          In the event that, we are held liable for the content posted by users on the website, we reserve the right to sue the user in question for full compensation for the damage suffered.

6.5.          Any use or reliance on any content or materials posted through the website or obtained by you through the website is at your own risk. If we are notified by a third party that the content you submit or post violates these Terms or any applicable law, either by letter or in the spirit of these Terms, we reserve the right to remove such content from the website without your consent or giving prior notice.

6.6.          We do not encourage, support, represent or warrant in any way the accuracy of the content or users on existing content through the website, they are solely responsible for such content.

6.7.          By using the website, you understand and agree that you may be exposed to content that may be defamatory, derogatory, inaccurate or inappropriate, or that in some cases there may be misleading posts. We will not be liable in any way for this content, including, but not limited to, errors or omissions or for any material or moral, direct or indirect harm that has been posted, emailed or transmitted, through socialization or made public in any other way through the website or in any other context.

6.8.          We will not be liable in any way for this content, including, but not limited to, errors or omissions or for any material or moral, direct or indirect harm that has been posted, emailed or transmitted, through socialization or made public in any other way through the website or in any other context.

 6.9.          You shall not use the website:

6.9.1.     in any way that violates any local, national or other laws or regulations or any order of a court of any relevant jurisdiction.

6.9.2.     for any purpose not permitted by these Terms.

6.9.3.     in any way that infringes the rights of any person or entity, including their copyright, trademark or other intellectual property rights or other private or contractual rights.

6.9.4.     to distribute advertisements of any kind or post or otherwise communicate any false or misleading material or message of any kind, including with respect to competitors, potential competitors, etc ..

6.9.5.     in any way that, intentionally or unintentionally, harasses, threatens or intimidates any other User or visitor.

6.9.6.     in any way that, whether intentional or not, promotes or incites racism, violence, hatred or physical or moral harm of any kind.

6.9.7.     in any way that is abusive, defamatory, inaccurate, obscene, offensive or sexually explicit.

6.9.8.     post photos or pictures of another person without their permission (and if they are a minor, with the permission of the minor's legal guardian).

6.9.9.     to promote activities that are illegal or in any way conducive to the encouragement, acquisition or pursuit of any illicit or criminal activity or that may cause harm, suffering or distress to any person;

6.9.10.  access, manipulate, damage or use non-public areas of our company's Services, IT systems, servers or equipment or our technical delivery systems.

6.9.11.  access or attempt to access the data of other users or penetrate, access, penetrate any of the security measures related to the Products or probe, scan or test the vulnerability of any system or network or infringe or avoid any security or authentication measures.

6.9.12.  in any way that, intentionally or unintentionally, misleads or misleads another user or visitor of the website.

6.9.13.  introduce any malware, virus or other malicious software that harms or interferes with the operation of the website, including, but not limited to, cancelbots, denial of services, time bombs, worms, Trojans, viruses or any other malicious software or hardware.

6.9.14.  interfere with or obstruct (or attempt to do so) the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mailing services or writing scripts that create content so as to interfere with or create an unjustified burden on services.

6.9.15.  copy, modify or distribute the content of other users without their consent.

6.9.16.  for commercial purposes other than those expressly permitted in these Terms.

6.9.17.  circumvent the measures used to prevent or restrict access to the website.

6.9.18.  to request or provide illegal services.

6.9.19.  collect information about other users or visitors without their consent.

6.9.20.  gain unauthorized access to the website, the server on which the website is stored, or any server, computer, or database connected to the website.

6.9.21.  falsify any TCP / IP packet header or any part of the header information in any e-mail or post, or in any way use the Products to send altered, misleading or false source information.

6.9.22.  scrape, crawl or store or otherwise use the website or any content for phishing, spam, trolling or any unauthorized (commercial) purpose; or

6.9.23.  to promote or support or solicit involvement in any other political, religious (recognized as organized or unorganized), cult or sect, platform, or cause of any kind.

 

7.     DISCLAIMERS AND LIMITATION OF LIABILITY

 

7.1.          We do not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed, uploaded or distributed through the website by any user, visitor, information provider or any other person or entity. You acknowledge that any reliance on any such advice, opinion, statement, or other information shall be at your own risk.

7.2.          We are not liable for any damages caused to you as a user or to any third party as a result of our fulfillment of any of our obligations under the Terms or for damages resulting from improper use of the website.

7.3.          We are not responsible for any damage caused by any technical malfunctions of the website (e.g., inability to access any link on the website).

7.4.          We do not exclude or limit in any way our liability to you where it would be unlawful to do so.

 7.5.          NOTWITHSTANDING ANYTHING TO THE CONTRARY, WE AND OUR OFFICERS, AFFILIATES, REPRESENTATIVES, CONTRACTORS AND EMPLOYEES WILL NOT BE RESPONSIBLE OR LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THESE TERMS RELATED THERETO UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY OF LIABILITY:

 7.5.1.     FOR USE OF THE WEBSITE OR FOR ERROR OR INTERRUPTION OF USE OF THE WEBSITE.

7.5.2.     FOR LOSS OR INACCURACY OR CORRUPTION OF DATA OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY OR LOSS OF BUSINESS.

7.5.3.     FOR ANY INDIRECT, EXEMPLARY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES.

7.5.4.     FOR ANY MATTER BEYOND OUR REASONABLE CONTROL.

 7.6.          EXCEPT AS EXPRESSLY PROVIDED HEREIN, WE MAKE NO WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND WE SPECIFICALLY DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE OR USE OF TRADE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. OUR SERVICES ARE PROVIDED TO YOU STRICTLY ON AN “AS IS” BASIS. WE SHALL HAVE NO RESPONSIBILITY FOR DETERMINING THAT YOUR PROPOSED USE OF OUR WEBSITE COMPLIES WITH APPLICABLE LAWS AND REGULATIONS IN YOUR JURISDICTION(S).  YOU ACKNOWLEDGE AND AGREE, THAT NO ADVICE, OPINION, STATEMENT, OR OTHER INFORMATION, WHETHER ORAL OR WRITTEN, PROVIDED BY US WILL CREATE ANY WARRANTY OR CONDITION NOT EXPRESSLY STATED IN THIS AGREEMENT.

 7.7.          You agree to bring any claim (including negligence) in connection with any of the Services only against us, and not against any individual, however described.

 

8.     Contact and Complaints Procedure

 

8.1.          You can contact us at the parentingbyyou@gmail.com in the "Contact" section of the website for any questions or concerns you may have.

8.2.          We hope that most matters can be resolved directly between us. However, we appreciate that some matters sometimes require further escalation. That is what this section is for.

8.3.          Should you find that you need to make a complaint, please write an email addressed to parentingbyyou@gmail.com . Enter the subject line: “I have a complaint” and add your name (or the account that complaint relates to on the platform). In the body of the email, please describe as much as possible the nature of the complaint, including when the issue happened and who you had been dealing with in our team. After you send your complaint email, you will receive an acknowledgement email from me within 5 business days. We will respond within a few days (no later than 30 days from your acknowledgement email). This initial response may offer a resolution or may begin a dialogue in an attempt to reach the best possible outcome.

8.4.          Please note that we am not obliged to respond to requests for information and advice received through the website in the absence of payment of the value of those services.

 

9.     Applicable Law and Dispute Resolution

 

9.1.          This document represents a legal contract concluded on distance, accepted by simply clicking on it and it is subject to the law of the Federal Republic of Germany, excluding international private law and the UN Convention on Contracts for the International Sale of Goods applicable in the Federal Republic of Germany.

9.2.          In the event that you are a consumer, and you have your habitual residence in a Member State of the European Union, German law applies, although mandatory law provisions of your state of habitual residence remain unaffected.

9.3.          We will all try to resolve amicably any disputes or misunderstandings that may arise. To the extent that amicable settlement will not be possible, disputes shall be settled by the competent German courts, which shall have exclusive jurisdiction.

9.4.          Details of alternative dispute resolution methods are available here: https://ec.europa.eu/consumers/odr/main/?event=main.home2.show

 

10.  Force Majeure

 

10.1.       Neither we nor you shall be liable for non-performance of our respective obligations, if such failure to timely or properly perform is due, in whole or in part, to a force majeure event.

10.2.       In these terms “force majeure” shall mean an event of war, civil war, revolution, riot, governmental measures, strike, lockout, blockage, failure of electricity, telephone or internet service, natural disasters or similar events.

10.3.       In case of a Force Majeure event, our obligations shall be suspended.

10.4.       If within 30 (thirty) days from the date of the occurrence of the force majeure event, the event does not cease, either us or you will have the right to notify the other party of the full termination of the Contract without any of them being to claim any damages.

 

11.  Miscellaneous

 

11.1.       These Terms and our Privacy Notice and Cookie Policy constitute the entire agreement with respect to access to and use of the website. Our obligations, if any, with regard to our website are governed solely by the agreements pursuant to which they are provided and nothing on our website should be construed to alter such agreements, unless we explicitly state we are acting or allowing you to act contrary to these Terms.

11.2.       You agree that any violation by you of these Terms will constitute an unlawful and unfair business practice, and will cause irreparable harm to us, for which monetary damages would be inadequate, and you consent to us obtaining any injunctive or equitable relief that we deem necessary or appropriate in such circumstances. These remedies are in addition to any other remedies we may have at law or in equity. The failure by us to enforce any provision in these Terms will not constitute or be construed as a waiver of such provision or of the right to enforce it at a later time.

11.3.       If any reference in these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable.

11.4.       Our agreement under these Terms is not assignable, transferable or sublicensable by you except with our prior written consent. We may transfer and assign any of our rights and obligations under these Terms without consent. Our agreement under these Terms is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms, and that all waivers and modifications must be in writing signed by both parties, except as otherwise provided herein.

11.5.       No agency, partnership, joint venture, or employment is created as a result of our agreement under these Terms, and you do not have any authority of any kind to bind us in any respect whatsoever. In any action or proceeding to enforce rights under these Terms, the prevailing party will be entitled to recover costs and legal fees.

11.6.       All notices under these Terms will be deemed to have been duly given when received, or if transmitted by email, the day after it is sent.

11.7.       We may change this document at certain intervals, and we will decide which is the best way to notify Users (pop-up, push notification, e-mail, etc.). We therefore recommend that you visit this page to always read the latest version.

Website Terms of Use / Allgemeine Geschäftsbedingungen generated by https://spotlegal.io/