DATE OF LAST REVISION: May 4TH, 2015.
General terms and conditions (GTC) of sharepa
With the use of the websites sharepa.de and sharepa.com, which are provided by the company RenderThat, represented by Mr. David Wischniewski, Mr. Fabian Stolz and Mr. Patrick Pack, Boxgraben 49, 52064 Aachen, you agree to the following GTC. Hereinafter the websites and the company are grouped under “sharepa”.
sharepa allows the user to upload up to five gigabytes (GB) large data on the sharepa server and to send a link to this data to an e-mail address. For this purpose, the user enters his e-mail address and the recipient’s e-mail address. The e-mail and the content that you share over sharepa is not encrypted. The link will allow the recipient to download the data from the sharepa server for one week.
The use of the services of sharepa is free.
3. Legal right
A legal right to use the services of sharepa or that the content that you share over sharepa reaches the recipient does not exist. We do not guarantee or warrant that such content reaches the recipient in whole or in part, or at any particular time. Please make a backup copy of such content. We do not guarantee or warrant that the services of sharepa are always available or that the sharepa server can be reached at any time.
You are and remain responsible for the content that you share over sharepa. You agree not to share any content over sharepa that is illegal or unlawful, or infringes rights of third parties (such as pirate copies, Trojans, viruses or worms). You agree to respect privacy and copyright. You warrant that you have the right to use the content that you share over sharepa (e.g. to copy). You warrant that the recipient agreed to receive an e-mail. You agree not to use programs or bots that could affect or influence the upload. We reserve the right to delete the content that you shared over sharepa or exclude you from using the services of sharepa, if you fail to comply with these obligations.
Your personal data, especially your e-mail address, is entered voluntarily, will be treated confidentially and, with the exception of the recipient, is not shared with third parties. The e-mail address of the recipient and the content that you share over sharepa is cached for a week and automatically deleted after a week. The deletion of your personal data, especially your e-mail address, you can apply at firstname.lastname@example.org at any time.
sharepa is only liable, if sharepa, its vicarious agents and/or legal representatives have acted with intent or gross negligence. In addition, sharepa is only liable, if essential obligations of the contract are breached by sharepa, its vicarious agents and/or legal representatives with slight negligence. The liability for a breach of an essential obligation with slight negligence is limited to damages foreseeable and typical to the subject matter of the contract.
A legally prescribed, strict liability by sharepa, in particular a liability under product liability law and a legal liability under a guarantee remains unaffected by the foregoing limitations of liability. The same applies to the liability of sharepa culpable violation of a user’s life, body or health.
The user indemnifies sharepa of third-party claims that may be asserted as a result of a breach of the obligations of section 4, and covers the costs, which incurred sharepa as a result of this breach (e.g. costs that were necessary for appropriate legal action or defense).
8. Choice of law and jurisdiction
Jurisdiction for all disputes arising from the contractual relationship between the user and sharepa is the seat of the provider, if the user is a merchant, a legal entity under public law or a public sector fund.
On the contractual relationship between the user and sharepa, the law of the Federal Republic of Germany shall apply. Excluded from this choice of law are the mandatory consumer protection provisions of the country in which the user has his habitual residence. The application of the CISG is excluded.
We reserve the right to change the GTC at any time.