GENERAL CLUB CONDITIONS
- INTRODUCTION
- Welcome to the German Emirates Club, a private network
offered by GERMAN WORLD CLUB FZCO. The German Emirates Club forms a
division of GERMAN WORLD CLUB FZCO.
-
GERMAN WORLD CLUB FZCO (hereinafter "The German Emirates Club")
provides its members and users (hereinafter "you"; "you") with
information and networking platform on the German Emirates Club
websites (several top-level domains, including
German-Emirates-Club.com), subject to the following terms and
conditions (General Club Terms or "ACB"). By electronically
registering your membership, you acknowledge that you have read
and accepted these Terms and Conditions of Use and Membership
and agree, without limitation or qualification, to abide by and
accept them.
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German Emirates Club and its related companies and
licensors own and retain all registered and unregistered rights
in the German Emirates Club website and its services, as well as
the trademarks, logos and other intellectual property used.
"German Emirates Club" and "German-Emirates-Club.com" are
trademarks of German Emirates Club. All copyrights of the
contents of the German Emirates Club Internet pages are owned by
the German Emirates Club.
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In the event of a breach of these General Club Terms and
Conditions, in particular the Membership Criteria or Terms of
Use, of the German Emirates Club, the German Emirates Club
reserves the right, at its discretion, to temporarily suspend or
terminate the membership.
- MEMBERSHIP CONDITIONS AND ACCESSION CRITERIA
-
In order to maintain the exclusivity of the Club and to
create a relationship of trust among the members, as well as
between the member and the Club, the German Emirates Club imposes
the following cumulative conditions on admission to the Club:
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Admission to the German Emirates Club can only be made by
invitation of an existing Club member.
- Members must have reached the age of 18.
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The Club aims to bring together German speakers living in
the United Arab Emirates to form a community. Thus, German,
Austrian or Swiss citizenship is the basic requirement for club
membership.
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A further admission requirement is the possession of a
residence visa, which legitimizes permanent residence in the
United Arab Emirates.
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The club rejects applicants and members who have a criminal
record or who become delinquent during their membership.
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The German Emirates Club reserves the right to check this and
to exclude members in case of false information.
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The internal websites of the German Emirates Club are not
available to the public, and are only accessible by invitation of
an existing member of the German Emirates Club.
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Members of the Club have the limited possibility to invite
persons to the Club, provided that these persons meet the
membership criteria. The German Emirates Club expects its members
to invite only reputable persons from their own real circle of
acquaintances or family to the German Emirates Club and to leave
out such persons who could discredit, harm or negatively influence
the reputation of the German Emirates Club and its membership.
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By becoming a member of the German Emirates Club, you confirm
that you accept the membership conditions and joining criteria. As
a member, you may have a maximum of one member profile. If you
have been excluded from membership for any reason, you are not
allowed to set up an alternative profile. Selling and trading
activities (apart from the functions available on the Marketplace
module), transferring a member profile to another person or using
a profile that is not yours are not allowed. If a member violates
any of these conditions, the Club is entitled to terminate the
membership and delete the member profile.
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Your participation in the German Emirates Club is based on
the assumption that all information you provide about yourself is
true. If misleading or false information is provided, the German
Emirates Club is entitled to shut down your member profile on the
club's web pages and to terminate your membership.
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The use of aliases, stage names or pseudonyms is not
permitted. Only photos showing the respective club member may be
used as member profile photos. The use of group photos, photos or
images of other or nonexistent persons or other beings (animals,
landscapes, fantasy creatures, drawings or graphics, etc.), are
not permitted as a member profile photo. The same applies to
company logos, unless this has been expressly approved in writing
in advance by the German Emirates Club.
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The German Emirates Club reserves the right to change or
adjust the membership conditions and joining criteria at any time
without prior notice.
- TERMS OF USE AND SERVICE
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The use of the internet pages of the German Emirates Club as
well as takes place on the basis of these General Club Conditions.
The German Emirates Club may withdraw its offer without prior
notice or refuse or terminate a membership insofar as these ACB
have been violated.
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The German Emirates Club is intended for private and personal
use. Companies or other legal entities may only use the German
Emirates Club with express prior written permission. Membership is
not available to legal entities.
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The German Emirates Club provides the following modules with
the aim of promoting information exchange and networking among
German-speaking residents of the United Arab Emirates:
Communication Platform, Marketplace, Forum, Services and Events
Platform.
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The German Emirates Club will only make the data and/or
information provided by the user available to other users insofar
as this data and/or information does not violate legal regulations
or these ACB. The German Emirates Club reserves the right to
remove any content posted by you or other members at its sole
discretion and without notice, including, without limitation, if
such content is illegal, threatening, defamatory, fraudulent,
obscene or otherwise unacceptable because it infringes
intellectual property or the privacy of others.
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The member acknowledges that a 100% availability of the
Internet pages of the German Emirates Club cannot be realized
technically. However, the German Emirates Club endeavors to keep
its Internet pages available as constantly as possible. In
particular, maintenance, security or capacity issues, as well as
events beyond the control of the German Emirates Club (such as
disruptions of public communication networks, power outages,
etc.), may lead to short-term disruptions or temporary suspension
of services on the Internet pages.
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The German Emirates Club offers the user a platform to bring
members together with other members or members together with
partners of the club, and only provides the technical applications
for this purpose, which enable members to make general contact
with each other. Insofar as members enter into contracts with each
other via the Club's Internet pages or members enter into
contracts with partners of the Club, the German Emirates Club is
not involved in this and is in no way responsible or liable for
the fulfillment of such contracts or for any breaches of duty
resulting therefrom. The members, users or partners are solely
responsible for the execution and fulfillment of the concluded
contracts.
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The German Emirates Club makes every effort to monitor the
content on its website. By using the Website, you acknowledge that
you are aware that you may encounter material with which you may
disagree or that you may find objectionable. You acknowledge that
you will not hold German Emirates Club liable for this.
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German Emirates Club does not endorse, warrant or guarantee
the accuracy, truthfulness or reliability of the content on the
German Emirates Club website whether in member profiles, forums or
elsewhere. German Emirates Club does not endorse any opinions
expressed in the forums or elsewhere by individual members. German
Emirates Club reserves the right to change the website or its
offerings without notice or to charge fees for offerings or for
certain features, and to change fees or offerings without notice.
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German Emirates Club reserves the right to change the website
or its offers without notice or to charge fees for offers or for
certain features, and to change fees or offers without notice.
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By posting any content or information on its website, you
automatically grant German Emirates Club the right to publish such
content on its website worldwide, unrestricted, royalty-free,
perpetual, irrevocable.
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External Links: The German Emirates Club provides links to
third-party websites (external links), the content of which is
beyond the control of the German Emirates Club. The German
Emirates Club is not responsible or liable for the content,
products, services or other material of external links, nor for
any damages or losses resulting from the use of such content,
products, services or other material.
- DUTIES AS A MEMBER
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The German Emirates Club desires for its members to have a
friendly, familiar and safe community. This is a private website
where members expect privacy and trust. The German Emirates Club
is a diverse community, and the expectations and behavior of its
members vary accordingly. Nevertheless, in order to create a
pleasant climate for all members, the German Emirates Club has
established rules. By becoming a member of the German Emirates
Club and using the German Emirates Club website, you confirm that
you have understood these rules, accept them and will abide by
them.
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Each member must register before using the services of the
German Emirates Club website.
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The Member warrants that all data provided by him/her during
registration are true and complete and is obliged to notify any
changes to his/her user data without delay.
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When registering, the member chooses a password and is
obliged to keep his password secret. The German Emirates Club will
not disclose the password to third parties and will not ask the
member for the password at any time.
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By completing the registration process, the member gives
his/her final consent to these ACB and confirms his/her membership
in the German Emirates Club. Furthermore, the member irrevocably
agrees that his or her personal information will be visible to
other members.
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The German Emirates Club cannot technically determine with
certainty whether a member registered on the websites of the
German Emirates Club actually represents the person the member
claims to be. The German Emirates Club therefore does not
guarantee the actual identity of a member. Each member must
therefore convince himself/herself of the identity of another
member.
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At no time and for no purpose, occasion or advertising may
you use the German Emirates Club name or logo unless the German
Emirates Club has expressly consented to such use.
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Trust is of utmost importance in the German Emirates Club.
False information about your person, the use of aliases or
pseudonyms, as well as untrue information in your profile, will
lead to a suspension and deletion of your member account.
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You are not allowed to monitor data from the German Emirates
Club website, copy, collect, archive any content or pages, or sell
or trade personal information or references to other members.
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It is not allowed to deploy and use application programs
such as robots, spiders, data recovery programs or programs that
copy, retrieve or archive German Emirates Club data.
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It is not permitted to distribute or publish electronic or
printed contents of the German Emirates Club website, as well as
the names of the members, unless the German Emirates Club has
expressly agreed to this. It is also not permitted to share the
content of the website with persons who are not members of the
German Emirates Club, to transmit it to others or even to sell it.
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The German Emirates Club is to be protected from undesirable
factors. Therefore, do not disseminate or send unsolicited
advertising or unauthorized advertising, promotional materials,
spam emails, chain letters, pyramid schemes or any form of
solicitation to other members. Likewise, refrain from stalking,
harassing or disturbing other members.
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You are solely responsible for maintaining the
confidentiality and use of your account information, username and
password. You are equally responsible for all activities that
originate from your account, regardless of whether they were
conducted with or without your knowledge or consent. If you
knowingly disclose your account information to another person,
your membership may be suspended or terminated. German Emirates
Club is not liable for any activity originating from your account
if it was accessed by entering your username and password. If you
discover unauthorized use of your membership account by unknown
third parties, you are required to notify German Emirates Club
immediately.
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The German Emirates Club may not be used for illegal
activities in any country or jurisdiction.
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No member is allowed to post content or start discussions in
the forum that German Emirates Club considers offensive, indecent,
abusive, obscene, discriminatory, unlawful or objectionable in any
other way. In particular, the member is prohibited from using
insulting or defamatory content, regardless of whether this
content concerns other members, the German Emirates Club, their
employees or partners, or other persons or companies, from using
pornographic content or content that violates youth protection
laws, or from advertising pornographic products or services or
products or services that violate youth protection laws, to offer
or distribute pornographic products or services or to harass other
members unreasonably (in particular by spam) or to engage in or
promote anti-competitive activities, including progressive
canvassing (such as chain, snowball or pyramid schemes).
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You may not post or initiate any content or discussion on
the Forum, or use any proprietary content, or advertise, offer or
distribute any proprietary goods or services without being
authorized to do so, that infringes any patent, trademark (e.g.,
by copyright, trademark, patent, design or utility patent law),
trade secret, copyright or other proprietary right, whether
personal, corporate or governmental, of any third party.
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The following harassing actions are to be expressly
refrained from, even if they should not specifically violate any
laws:
- Sending chain letters,
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Sending identical private messages to multiple users at
the same time,
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Conducting, advertising or promoting structural sales
activities (such as multi-level marketing or multi-level network
marketing), or
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Communicating in a suggestive or sexual manner (explicitly
or implicitly).
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The following actions are expressly prohibited to the user
of the German Emirates Club website:
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Use of mechanisms, software or scripts in connection with
the use of the Internet pages of the German Emirates Club.
However, the users of the Internet pages of the German Emirates
Club may use the interfaces or software provided to him within the
framework of the services of the German Emirates Club offered on
the Internet pages of the German Emirates Club.
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Blocking, overwriting, modifying, copying, as far as this
is not necessary for the proper use of the services of the
Internet pages of the German Emirates Club. Copying by means of
&Robot/Crawler as well as other search engine technologies, for
example, is not necessary for the proper use of the services of
the Internet pages of the German Emirates Club and is therefore
expressly prohibited.
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The distribution and public reproduction of contents of
the Internet pages of the German Emirates Club or of other members
as well as any action that is likely to impair the functionality
of the Internet page infrastructure of the German Emirates Club,
in particular to overload it.
- CANCELLATION OF YOUR CLUB MEMBERSHIP
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Members may cancel their membership at any time without
giving any reason. Cancellation of membership in the German
Emirates Club can be made using the contact form available on the
German Emirates Club website. Your profile details will be removed
from the website and can no longer be viewed. The user's username
and an e-mail address registered on the German Emirates Club
website must be provided when terminating membership.
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The German Emirates Club may, at its sole discretion and at
any time, terminate your membership and block your access to the
Website without giving any reason. Any termination of membership
on the part of the German Emirates Club is done in the interest of
the purpose of the German Emirates Club or in the interest of the
whole community.
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The vested rights of the German Emirates Club, disclaimers,
indemnities, limitations of liability and other provisions of
these General Club Terms and Conditions shall also apply to the
period after the end of membership.
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After termination of your membership, you may rejoin the
German Emirates Club as a member only with the express consent and
invitation of the Membership Committee.
- DISCLAIMER AND LIMITATIONS
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German Emirates Club and its affiliates, licensors, partners,
suppliers, consultants and agents ("German Emirates Club") are not
responsible or liable for the accuracy, content, completeness,
legality, reliability, functionality or availability of any
information or materials provided by members and users on the
German Emirates Club website in its entirety. The German Emirates
Club is further not responsible or liable for any conduct of its
members.
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The German Emirates Club service, all materials, information
(including without limitation any information or materials that
were accessible and obtainable through the use of the German
Emirates Club website), products and services are provided "as is"
and no warranty or liability of any kind is made by the German
Emirates Club. The German Emirates Club expressly disclaims, to
the fullest extent permitted by law, all express warranties,
implied warranties and conditions of merchantability and fitness
for a particular purpose. This also applies without limitation to
warranties of merchantability, fitness for a particular purpose
and observance of vested rights.
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Some jurisdictions prohibit the exclusion or limitation of
liability of implied warranties. In this case, the above
exclusions and limitations may not apply to you.
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The users of the German Emirates Club Internet pages as well
as members of the German Emirates Club agree that the use of the
German Emirates Club Internet pages is at their own risk. You
agree to indemnify German Emirates Club against any claims of
third parties arising in any way from the use of the services or
the use of the Internet pages of German Emirates Club. This also
applies to liability or costs arising from claims, losses or
damages (actual and consequential), litigation, judgments,
litigation and legal fees of any kind.
- GENERAL PROVISIONS
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Final regulation: These General Club Terms and Conditions
conclusively regulate the entire relationship between the user of
the Internet pages or the member of the German Emirates Club and
the German Emirates Club with regard to the aforementioned topics,
with the exception of the special conditions for certain uses
provided for on the German Emirates Club websites, in particular
for the use of the forum and the marketplace, which shall apply in
addition to the General Club Terms and Conditions. The ACB replace
all previous or present verbal or written agreements or
arrangements made in this regard. Suspension of any provision of
these General Club Terms and Conditions, regardless of which side,
must be in writing and signed by one side. In case of suspension
of one or more provisions of these General Club Conditions by a
user of the Internet pages or a member, the German Emirates Club
reserves the right to prohibit the use of the Internet pages of
the German Emirates Club or to terminate the membership.
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Subject to change: The German Emirates Club reserves the
right to change or amend these General Club Terms and Conditions
at any time without prior notice and without stating reasons. By
your subsequent continued use of the Website in your capacity as a
Member, you confirm that you agree to the changes made and that
you are bound by the then current ACB. The German Emirates Club
therefore recommends that its members read the General Club Terms
and Conditions regularly.
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Assignment: The membership/user relationship is a personal
one for the member/user. It is not inheritable. Furthermore, it is
not possible for the member to assign this ACB or any rights and
obligations arising from it, in whole or in part, whether for
his/her own motivation or by law, without the express prior
consent of the German Emirates Club. Any contractual assumption or
assignment with respect to membership shall be null and void and
shall not apply. GERMAN WORLD CLUB FZCO is permitted to assign,
transfer or delegate all rights and obligations arising from the
contractual relationship. Conflicting Clauses: Where a conflict
exists or appears to exist between individual provisions of these
ACB and special provisions for the use of individual sections or
modules of the German Emirates Club website, the special
provisions for the use of such sections or modules shall take
precedence over the conflicting provisions of the ACB with regard
to the use of the relevant section or module.
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Conflicting clauses: Where a conflict exists or appears to
exist between individual provisions of these ACB and special
provisions for the use of individual sub-areas or modules of the
German Emirates Club websites, the special provisions for the use
of these sub-areas or modules shall be given priority over the
conflicting provisions of the ACB with regard to the use of the
corresponding sub-area or module.
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Waiver: Any failure by German Emirates Club to exercise any
rights under the ACB or any special terms of use for sub-areas or
modules, e.g. the granting of extensions of time, whether
expressly or by implication, shall not in any event result in a
waiver of such rights of German Emirates Club either for the
future or the present subject matter, unless German Emirates Club
expressly declares such waiver and its scope accordingly in
writing.
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Correspondence: Unless otherwise agreed, you as a member or
user of the Internet pages can effectively submit all declarations
to the German Emirates Club by e-mail using the contact form
accessible from the Internet pages of the German Emirates Club,
the German Emirates Club can submit declarations to you by e-mail
to the address that the member has specified as the current
contact address in his registration or the user in the contact
form, respectively.
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Force Majeure: The German Emirates Club cannot under any
circumstances be held liable for delays or non-performance
resulting directly or indirectly from forces of nature, acts of
God or uncontrollable circumstances. This includes but is not
limited to the following reasons: Failure of internet, computer
equipment, software, telecommunication equipment, equipment of any
kind, power failures, strikes, labor disputes, riots, civil
commotion, shortage of materials or labor, fire, floods, storms,
explosions, acts of nature, political acts, war, orders of
national or international courts, failure of third parties to
perform, losses or fluctuations due to heat, light or air
conditioning.
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Severability clause: Should individual provisions of these
ACB be or become invalid or unenforceable, this shall not affect
the validity or enforceability of the remaining provisions. The
contracting parties undertake to replace an invalid/unenforceable
provision with a valid/enforceable provision that comes as close
as possible in its regulatory content to the economically intended
meaning and purpose of the invalid provision. This shall apply
accordingly in the case of contractual loopholes.
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Applicable law and place of jurisdiction: These ACB are based
on the law of the United Arab Emirates. They remain effective even
in the case of other legal provisions of the place of residence of
the member or user of the Internet pages of the German Emirates
Club. The place of performance is the registered office of the
German Emirates Club. The parties agree that the exclusive place
of jurisdiction is the United Arab Emirates.
German World Club FZE
Building 2, Dubai Digital Park, Dubai Silicon Oasis (DSO), Dubai, United Arab Emirates
+971 (56) 20 500 66
Tax Registration Number: 104028264000003