Terms and Conditions for the use of dixxer.com (dixxer)
You should take the time to read our TOS carefully. dixxer is provided to you by dixxer GmbH (Company). The TOS and our Content Policy are the binding basis for your access to and use of our offerings on dixxer. In the case of your registration on dixxer, you again expressly declare that you have taken note of these GTC and acknowledge their validity.
These GTC apply exclusively. Deviating, conflicting or supplementary terms and conditions of the user will only be part of the contract if and to the extent that we have expressly agreed to their validity in writing. GTC of the user are not recognized even if the company does not expressly object to them again after receipt.
1. About dixxer
Our mission is to help you find out what is important to you and others. For this reason, dixxer not only allows you to discover opinions, data, facts and content relevant to you and make it available to you, but also to share your interests, questions, opinions and content in turn with others in a results-oriented way.
2. Use of dixxer
2.1 Who can use dixxer?
When you use dixxer, a binding user agreement is created between you and us, which includes these TOS and our Content Guidelines. When you open an account with dixxer, you agree to provide truthful and complete information. Children and adolescents under the age of 16 are only allowed to use dixxer with the consent of their legal guardians for reasons of data protection (Art. 8 DSGVO)
2.2 Copyright dixxer
You agree not to reproduce or copy dixxer in whole or in part. We reserve any rights we may have in our trademarks, logos, technology and designs.
The use of the logo of dixxer to refer or link to dixxer is generally permitted and also desired. However, use of the logo to advertise our own services or products is only possible with written consent from us.
2.3 Use of dixxer as
As an entrepreneur, you can use our service within the framework provided by us until we make a company account available in dixxer as a separate account variant. A company account is not yet available at this time. As soon as a company account is available, the T&Cs will be updated to reflect this feature enhancement, dated and you will be notified by email. From the moment a company account becomes available, you are required to convert your account into a company account or open a company account. Otherwise, you are not allowed to use dixxer for commercial or freelance purposes with a personal account from that moment on.
We ask that you always keep your password safe, do not share it, and use a new password from time to time. If you notice that unauthorized access to your account has
occurred, please notify us immediately
3. Your content on dixxer
3.1 What can you publish on dixxer?
On dixxer you are allowed to post your questions, your answers, your answer options, your opinions, your opinion options, your theses, your comments, photos, videos, links, texts and other content in the form of so-called “dixxer cards” or “cards”. Everything you upload or make available on dixxer is called “Content”. You are solely responsible for the content you provide. The publication of content on dixxer is governed by our detailed Content Guidelines, which you hereby bindingly accept by using dixxer.
3.2 Consideration of copyright and trademark law
You may only upload, embed or link to content that you have created yourself or that you have all the necessary rights to use for any other reason. This applies in particular to copyright and/or trademark rights. If you have doubts whether you have the necessary rights – especially for an image, a video or a text – you should better not use them on dixxer.
The simple linking to external content is not restricted by copyright law. The linking or embedding of YouTube videos, for example, is no problem, because YouTube usually grants you as a user a corresponding license. Likewise, there is enough image material on the net where the rights holder grants you the necessary licensing rights free of charge. The prerequisite is often the naming of the source or the rights holder by you. Please remember that the legal situation may be different if you want to use dixxer commercially.
If the use of protected content by you means an infringement of third party rights, we are obliged to remove this content after positive knowledge of this infringement.
Use of your content by dixxer and other users
When you share, post or upload content protected by copyright (especially images or videos) on dixxer as part of a dixxer map, you grant us a non-exclusive, transferable, sublicensable, worldwide license to host, use, distribute, modify, perform, copy, publicly perform or display, translate and create derivative works from your content. This license is for the sole purpose of providing our service to you. This means, for example, that when you provide a photo to us on dixxer, you give us permission to store, copy, and share it with others.
dixxer reserves the right to delete user content or edit it to the extent – legally permissible – or modify the intended use on dixxer. This applies to user content that, from our perspective, violates these TOS, our content policy, or legal standards.
None of the terms of these T&Cs restrict any other rights that dixxer may have to the User Content, such as those arising from other licenses. dixxer evaluates the surveys created by its users with the help of the dixxer Cards and their results anonymously, compiles them according to topics and focal points, and makes these evaluations available to interested parties. Specifications of data protection and copyright law are observed in this regard.
3.3 Saved content and interactions on dixxer
If you cancel or deactivate your account with dixxer or delete certain content on dixxer, dixxer will continue to back up, review and store that content, for a limited period of time. Your Content and interactions, such as survey responses, may continue to be shared, followed, stored or displayed by users of dixxer for some period of time. As far as your surveys on dixxer have been evaluated by us in anonymized form before, the result of this evaluation can be used even after termination of your account or deletion of content as described under 3.2.
4. Links to external sites
On dixxer may exist links to other websites of third parties, which neither belong to dixxer nor are checked by dixxer. dixxer does not adopt the contents of the linked websites in any case, unless an attribution of dixxer is explicitly indicated. If dixxer receives positive knowledge of the illegal content of a linked website, dixxer will immediately remove the link after appropriate examination.
dixxer does not make any recommendations for information or products and therefore bears no responsibility for them. If you click on external links, you do so at your own risk. dixxer cannot be held liable for access to other services, third-party content or websites.
5.1 Termination by dixxer
dixxer may, in its sole discretion and upon notice, temporarily suspend or terminate your access to your account. If there is a reason that makes it unreasonable for dixxer to continue the User Agreement with you, dixxer may withdraw your access with immediate effect without giving any reason.
5.2 Termination by User
You may terminate your account with dixxer at any time. To carry out your cancellation, you only need to select the “Cancel account” function under the Settings menu item in your account. The cancellation will be effective immediately. We therefore ask you to consider your cancellation carefully in advance. A reversal of the cancellation is not possible. We therefore recommend the option to deactivate the account indefinitely. The function is also located under the menu item Settings.
If you use dixxer for commercial purposes even though a corporate account is not yet available on dixxer or despite that, you are obligated to indemnify and hold dixxer and its employees, management and the entire corporate administration harmless from any and all claims, demands, damages, monetary claims, litigation, lawsuits, costs and losses.
dixxer aims to provide the best possible service with high availability and applicable content. However, our service and the contents on dixxer are offered without warranty as well as without implied or even explicit guarantees. Thus, we exclude, for example, a warranty for the continuous availability of our servers or for any other reason, in whole or in part, limited use of our offers, unless in the case of agreement of paid services, individual contractual provisions deviating from this have been made with you.
dixxer is not liable for user content that is uploaded and posted on our websites either by you, other users or third parties. You agree to indemnify and hold dixxer harmless from any and all liability, expenses, and claims arising from damages for infringement of any third party trademark, name, copyright, right of use, or other right.
dixxer is not liable for the non-fulfillment of commercially oriented use or technical malfunctions that do not have their cause in the area of responsibility of dixxer, furthermore not for damages based on force majeure.
The rules of competition, copyright or trademark law and other, in particular industrial property rights, must be complied with by the users. dixxer is to be held harmless by the respective user from any damage caused by a recourse or claim from the outset.
The exclusion of liability of dixxer does not apply in cases of damage caused intentionally or by gross negligence, as well as damage resulting from injury to life, body or health.
In the event of a breach of a condition which goes to the root of the contract and which is caused by ordinary negligence, dixxer’s liability shall be limited to the compensation of the foreseeable damage which is intrinsic to the contract. Essential contractual obligations are abstract such obligations, the fulfillment of which enables the proper performance of a contract in the first place and on the compliance of which the contracting parties may regularly rely.
Except in the aforementioned cases, dixxer shall not be liable for damages caused by simple negligence.
To the extent that the Company’s liability is excluded or limited under the foregoing paragraphs, this shall also apply to the liability of its vicarious agents and assistants.
7. Amendment of the General Terms and Conditions
We are constantly working on the further development and improvement of our services, other offers and functions at dixxer.com. Therefore, we will need to amend and update these Terms and Conditions from time to time so that they still fit our offerings. When making changes, we will take into account that the changes are reasonable for you, taking into account your interests, and in particular that they do not unreasonably disadvantage you.
We will notify you by email at least 30 days in advance before we make any changes to these Terms of Service so that you have an opportunity to review them before they take effect, unless the changes are required by law. Our notice will inform you of this 30-day period and what it means. Once updated Terms of Service become effective, you will be bound by them if you continue to use our products.
8. Applicable Law, Jurisdiction
Should problems arise for you with dixxer that lead to disputes, you accept to contact us first to resolve the problem out of court if possible.
The law of the Federal Republic of Germany applies to all legal transactions or other legal relationships with dixxer. In business transactions with merchants and with legal entities under public law, the place of jurisdiction for all legal disputes concerning these terms and conditions and the individual contracts concluded under their validity, including actions on bills of exchange and checks, shall be the registered office of dixxer. dixxer shall also be entitled in this case to file suit at the registered office of the user.
9. Severability clause
If any provision of the contract – including these associated GTC – is or becomes invalid, ineffective or unenforceable, this shall not affect the validity of the other contractual provisions. In such a case, the parties shall, by mutual agreement and in compliance with the principles of good faith, replace the omitted provision with another legally effective provision that fulfills the purpose of the omitted provision as far as possible. The same shall apply insofar as the contractual provisions should contain an unforeseen regulatory gap.