Terms & Conditions

§1 General
1.1 By logging on to TGFT, users accept the following General Terms and Conditions (hereinafter the “TGFT” or “Provider”) for using TGFT.
1.2 TGFT operates TGFT services under various top-level domains (thegoldenfishtank.com, thegoldenfishtank.de etc.), as well as various sub-domains and aliases of these domains. All Web sites on which TGFT provides TGFT services are hereinafter referred to as “TGFT Web sites.”
1.3 These TGFT shall govern the contract relationship between the User and TGFT, irrespective of which TGFT web site the User is registered with or logged on to.
1.4 The User enters into this agreement on the use of TGFT services with TGFT, Schumannstrasse 23a, 60325 Frankfurt am Main. Additional contact information, commercial registry data, as well as the name of the authorized representative of TGFT can be found under the Company Details.
1.5 The services provided by TGFT are intended exclusively for persons of legal age.
1.6 The following Terms & Conditions regulate the conditions of the use of TGFT. The conditions do as well apply, if the users’ location is outside from Germany.
1.7 With the registration at TGFT the user agrees on the Terms and Conditions and the Data protection terms, and confirms that he has read and understood the T&C and agrees with them. Different terms which cover different or additional conditions, which may be contrary to this T&C, are only valid, if TGFT confirmed them in written form.

§ 2 Description of the service
2.1 TGFT is a public internet platform which gives the opportunity to users to publish an ad for their company. The User receives the possibility to add text, photos and a video into a database which will be published in the public area. TGFT provides all necessary tools in the special members’ area.
2.2 In addition the user can publish and promote events on TGFT, which are connected to his company.
2.3 A public forum is offered to registered users were they can swap information. TGFT is not responsible for the content of the Forum. TGFT can, if necessary, make corrections.
2.4 The members’ forum is reserved for Premium Members only. Here companies can swap information too. TGFT is not responsible for the content of the Forum. TGFT can, if necessary, make corrections.
2.5 Vouchers are offered for sale on the website. Vouchers can be ordered via the contact form at Gift Voucher. The whole amount has to be paid immediately and complete onto the specified account. As soon as the amount has arrived on the specified account the voucher will be sent to the registered address. Vouchers can only be sent in the EURO-Zone. Vouchers can be used for all companies which are presented at TGFT. TGFT is not responsible for the quality or the final purchase contract of the owner of the voucher and the company (user). 5% of the value will go to TGFT to cover the costs. The process is as follows. At the TGFT website a voucher for any value can be purchased, payment is done by direct credit to an assigned account. The voucher will be send to the address which has be specified by the customer. Each Voucher is numbered – so TGFT has a list of all sold vouchers with their value. The customer can buy at any company promoted on TGFT a service or a product in the value of the voucher. The voucher has to be passed on to the company. The company sends the number of the voucher with the value to TGFT and TGFT sends the company within three working days at the registered company account. To cover mailing and printing costs, as well as bank fees 5% of the value of the voucher stay with TGFT. The maximum amount which can be kept is 15€.
2.6 Prices and packages can be checked at “Your Company on TGFT”.
2.7 TGFT reserves the right to modify the services offered on the TGFT Web sites and/or to offer services different from those offered at the time of the Member's registration at any time, unless this is unreasonable for the Member.
2.8 TGFT can change the price system. TGFT has to inform the users before the changes come into effect via Email and on the website.

§3 Registration, and Representations and Warranties upon Registration
3.1 Members must register prior to using any of the services on the TGFT Web sites.
3.2 The Member warrants and represents that all of the data provided by the Member for registration is accurate and complete. The Member shall report any changes in the registration data to TGFT without undue delay.
3.3 The Member warrants and represents that he or she is of legal age at the time of registration.
3.4 The Member shall choose a password upon registration. The Member is obliged to keep this password secret. TGFT shall not disclose the password to any third party and TGFT shall not ask for the User's password at any time.
3.5 By completing the registration process, the Member consents to enter the agreement to use the services of the Member Web sites. TGFT accepts this offer by activating the membership for the use of services on TGFT Web sites. The agreement takes effect with the aforementioned acceptance by TGFT.

§ 4 Data Protection
4.1 TGFT recognizes that any data provided by the Member to TGFT is extremely important to the Member, and TGFT shall therefore be particularly sensitive in handling such data. TGFT shall comply with all applicable legal provisions regarding data protection (German Data Protection Laws, European Data Protection Directives and any other applicable data protection legislation). In particular, TGFT shall not provide or otherwise disclose any personal data of the Members to any third party without authorization. Details on TGFT 's treatment of the User's data are set forth in the Data Protection Policy of TGFT accessible from each of the TGFT Web sites.
4.2 More Details you can find under Data Protection of TGFT.

§ 5 Dues and Fees
5.1 All prices and packages can be checked on „My company at TGFT“.
5.2 All other services are free of charge
5.3 TGFT can change the price system. TGFT has to inform the users before the changes coming into effect via Email and on the website.

§ 6 Terms of Payment and Contract Period
6.1 The contract goes for 12 months from the moment onwards when the ad is online. At the end of the contract the user has to opportunity to prolong the contract for another year. TGFT will send the invoice from the user registered email address.
6.2 The whole fee has to be paid complete and upfront on an assigned account. Only after the amount is on the account the page will be put online. This happens within three working days.

§ 7 Right to Contents
7. 1 TGFT offers the data and/or information of the users to the other users and the visitors of the website – as long as the data and/or information is against the law or the T&C. TGFT has the right to remove content which is against the law with no notice from the TGFT-website.
7.2 Based on the law for creation is all creative work in connection with TGFT, is owned by TGFT. TGFT receives therefore the full copyright of all content. Already existing copyrights or markings of software cannot be removed or changed by the provider.
7.3 All copyrights for software, sound, animation and design stay with TGFT. A transformation of the software or an unauthorized usage, which is not for its initial purpose, is prohibited. The same applies for the source code of the platform.
7.4 TGFT can use the delivered content for ads as text, sound and video, and to use the name or the company name in a reference list.

§ 8 Sanctions and other aftermath for any other breaches by the user
8.1 If the user is not confirm with the proper use and is not changing this after a written notice, TGFT has the right to finish off the contract at any time. The user has no right to receive any payments back. A breach contra the responsibilities of the provider are:
8.1.1 the content of the user or parts of it is against the law.
8.1.2 The content of the user or parts of it are against public policy.
8.2 After the end of the contract all data of the user will be deleted by TGFT after 30 days – but only if the data is not needed by TGFT as evidence for an illegal action or against public policy after the end of the contract.

§9 Obligations of TGFT
9.1 The User acknowledges and agrees that it is technically impossible to achieve 100% availability of the TGFT Web sites. TGFT shall nonetheless endeavour to keep TGFT Web sites available without interruption. Events related to maintenance, security or capacity requirements, and/or events beyond TGFT 's control (e.g. disruptions in public communication networks, power failures etc.), may result in brief malfunctions or temporary interruptions of the services provided on TGFT Web sites.
9.2 TGFT merely provides the User with a platform on which to establish contact with other users, and only provides those technical applications that allow users to contact one another. As regards content, TGFT does not take part in any communication between users. If users enter into agreements with one another over TGFT Web sites, TGFT shall not be a contracting party to these agreements. The users alone are responsible for the execution and/or fulfilment of agreements in which they enter with one another. TGFT shall not be held liable if users are unable to contact one another over TGFT Web sites regarding such agreements. Furthermore, TGFT shall not be liable for breaches of duty in relation to agreements entered into between users.
9.3 TGFT does not make any warranties or representations regarding any data and/or information provided or made available by any user on any of the TGFT Web sites or on any external websites linked to them. In particular, TGFT does not warrant or represent that said data and/or information is true or accurate, or that it fulfils or serves any particular purpose.
9.4 Queries regarding agreement with TGFT or regarding TGFT services can be sent by the customer to TGFT by sending a fax or letter. Contact Details can be found at Company Details or Contact.

§10 Obligations of the User
10.1 The Member is obliged,
10.1.1 To provide only true and non-misleading statements in the Member profile and in communications with other users.
10.1.2 To post on the TGFT Web sites only photographs of the User or products which are not more than five (5) years old and in which the User can be clearly and plainly recognized. The Member warrants and represents that the public display of the photographs delivered by the Member to the TGFT Web sites is not prohibited.
10.1.3 To comply with all applicable legislation, and respect all third-party rights. In Particular, the Member shall not use any insulting or defamatory contents, regardless of whether said contents are directed at another user or TGFT personnel or other companies, use any pornographic materials or any contents that violate any applicable legislation for the protection of minors; or advertise or promote, offer or distribute any pornographic product or products which do not comply with any applicable legislation for the protection of minors, unreasonably annoy (particularly with spam) any other user (cf. §7 of the German Unfair Competition Act), use without authorization any contents protected by law (e.g. by copyright, trademark, patent, utility patent, or design patent laws), or advertise, promote, offer or distribute any goods or services protected by law. Use or promote any commercial practices considered unfair competition, including progressive customer acquisition practices (such as chain distribution systems, multilevel selling or pyramid sales).
10.1.4 To refrain from engaging in any of the following annoying actions, even if they do not constitute a breach of any applicable laws: Sending chain letters, sending identical private messages to more than one (1) user at the same time. Performing, advertising and promoting any form of structural distribution measures (such as multi-level marketing or multi-level network marketing) or Communicating in any insinuating or sexual way (suggestive or explicit).
10.2 The User is prohibited from the following:
employing any mechanisms, software or scripts when using TGFT Web sites. However, the Member may use the interfaces or software provided by TGFT within the scope of the services available on the TGFT Web sites.
Blocking, overwriting, modifying and copying of any contents of the TGFT Web sites, unless said actions are necessary for the proper use of the services on the TGFT Web sites. For example, the use of the "Robot/Crawler" search engine technology is not required for proper use of the services, and is therefore prohibited.

§11 Right to Contents
11.1 When the Member posts his or her contribution to a forum, the Member grants TGFT an unlimited, irrevocable and assignable right of use for the respective contribution, which TGFT is entitled to utilize for any purpose. In particular, TGFT is entitled to keep said contribution on the forum, and on its Web sites and the Web sites of its partners, or use it for marketing the forum in any other way.
11.2 Consequently, TGFT has a right of use over all contributions to discussion forums it operates. Duplication or the use of these contributions or their contents in other electronic or printed publications is prohibited without the express written consent of TGFT. Copying, downloading, dissemination, distribution and storing of the contents of TGFT and/or third parties, with the exception of the cache memory when searching for forum pages, are prohibited without its express consent.

§ 12 Rating System
12.1 TGFT offers a rating system, where users have the opportunity to rate positively or negatively their contractual partners.
12.2 The user is not obliged to rate. The use is obliged that within the rating he is only rating according to the reality.
12.3 The user (company) is not allowed to influence directly the rating from his customer. If the user still influences the rating TGFT can immediately give notice to the contract with the user.
12.4 TGFT is not checking the ratings. TGFT is not liable if the rating system is correct or its impact, if not deliberate intention or culpable negligence. Known or obvious wrong ratings will be deleted.
12.5 A user cannot ask for any additional responsibilities outside the online-platform and its offered services. A breach of this authorizes TGFT to end the contract.
12.6 As soon as the data of the user is not online anymore the data of the rating system will be removed from the public area.

§ 13 Interruptions on the online platform
13.1 Interruptions on the online platform are not permitted. It is especially forbidden to over-strain the online platform (e.g. sending spam) which can lead to unacceptable nuisance of other users.
13.2 Electronic attacks on the online platform in any way (including the used hard- and software) or on specific users are not allowed. As an electronic attack we mean the following: Hacking, meaning overpowering of the online security of the online-platform, or to by-pass it, or at any other way to overwrite it. The use or circulation of viruses, worms, trojaner or brute-force-attacks, mailing of Spam, or any kind of other means to interrupted the online-platform included all used soft- and hardware which can hurt TGFT or his users are not permitted.

§14 Termination of Membership
14.1 The User will be informed by TGFT before the end of the contract that the contract will be terminate. This information will be send per Email only.
14.2 The User need to inform TGFT before the end of the contract that he would like to continue the contract for another year. This happens through payment of the fee.
14.3 If the user does not react on the information mail of TGFT who informs that the membership will be terminated soon the contract ends automatically.
14.4 All data stays in the database for another 30 days. Within 30 days can the user reactivate the contract and reuse his data in the database. If this does not happen, all data will be deleted after 30 days.
14.5 After the end of the contract all data will be deleted within 30 days.
14.6 If the membership will be finished within the year, all data will be deleted within 2 weeks but all paid membership fees cannot be paid back.

§15 Liability of TGFT
15.1 TGFT does not make any warranties or representations regarding any data and/or information provided or made available by any user on any of the TGFT Web sites or on any external websites linked to them. In particular, TGFT does not warrant or represent that said data and/or information is true or accurate, or that it fulfils or serves any particular purpose.
15.1 Whatever the legal grounds, liability for damage claims based only on ordinary negligence against TGFT (including its vicarious agents) shall exist only if TGFT breaches a basic/cardinal obligation under this agreement. In this event, the amounts of claims are limited to typical and foreseeable damages.

§16 Indemnity
16.1 The User shall indemnify and exempt TGFT from all actions, including damage claims, asserted by other users or third parties against TGFT resulting from an infringement of their rights by the contents posted by the User on TGFT Web sites. Furthermore, the User shall indemnify and exempt TGFT from all actions, including damage claims, asserted by other users or third parties against TGFT resulting from an infringement of their rights regarding the use of the services on TGFT Web sites by the User. The User assumes all reasonable costs TGFT incurs due to an infringement of third party rights, including all reasonable legal-defence costs. All other rights, including damage claims by TGFT, are hereby unaffected.
The aforementioned obligations shall not apply to the extent the User is not responsible for the infringement.
16.2 In the event the contents posted by the User infringes any rights of any third party, the User shall, at its own expense and at TGFT 's discretion, either obtain the right to use said contents or render said contents free of any infringement. In the event the User infringes third-party rights when using the services of TGFT Web sites, the User shall discontinue such use that violates these General Terms and Conditions and the law, if so requested by TGFT.

§ 17 Change of Terms and Conditions
17.1 TGFT reserves the right to amend these GTC at any time, without giving reasons, unless an amendment is unreasonable to the User. TGFT shall give due notice of any amendments of these GTC to the User. If the User does not object to the applicability of the revised GTC within two (2) weeks after receipt of said notice, the amended GTC shall be deemed to be accepted by the User. TGFT shall inform the User about the Member's right to object and of the relevance of the objection deadline in said notice.

§ 18 Place of performance and used law
18.1 The place of performance under these GTC shall be Frankfurt am Main. Place of jurisdiction, insofar as legally admissible, shall be the main place of business of TGFT.
18.2 These GTC and the contractual relationship shall be governed by German Law, excluding international private law and the provisions of the United Nations Convention on Contracts for the International Sale of Goods that have been adopted by German Law.

§ 19. Final Provisions
19.1 If any provision of these GTC is, for any reason, invalid and/or unenforceable, the remaining provisions shall continue to be valid and enforceable to the fullest extent permitted by law. The parties agree to replace an invalid and/or unenforceable provision with a valid and/or enforceable provision which most closely approximates the intent and economic effect of the invalid and/or unenforceable provision. This also applies to contractual loopholes.