Terms of Use
Terms of Use for Facenest.de
1. General Provisions
1.1. These Terms of Use govern the use of the platform Facenest.de (hereinafter referred to as "Facenest" or "Platform"), operated by Facenest.de, Enrico Fischer, Sendeweg 2, 34246 Vellmar, Phone: +4915162469037, Email: support@facenest.de.
1.2. By registering and using Facenest, users accept these Terms of Use as well as the Privacy Policy in their current version.
1.3. Facenest reserves the right to amend these Terms of Use at any time. Users will be informed in due time about any changes.
2. Registration and Account
2.1. Using the platform requires registration. The user is obliged to provide truthful information during registration.
2.2. Registration is only permitted for adults with full legal capacity. Minors require the consent of a legal guardian.
2.3. The user must keep their login credentials confidential and not grant third parties access.
2.4. Facenest reserves the right to suspend or delete user accounts if they violate these Terms of Use.
3. Use of the Platform
3.1. The platform is intended for the exchange of information and social networking. Users are required to interact respectfully.
3.2. The following actions are prohibited:
- Dissemination of illegal, discriminatory, offensive, or defamatory content
- Violations of copyrights, data protection, or third-party trademarks
- Distribution of spam, advertisements, or fraudulent content
- Identity theft or misrepresentation of one's identity
Duplicate accounts
Advertising without business verification or active subscription
3.3. Facenest reserves the right to review and remove content that violates these Terms of Use.
4. Data Protection and Security
4.1. The processing of personal data is carried out in accordance with Facenest's Privacy Policy.
4.2. Users have the right to access, correct, or delete their data, unless legal retention obligations prevent it.
4.3. Facenest implements appropriate technical and organizational measures to protect user data from unauthorized access.
5. Payment
In accordance with Directive 2006/112/EC as amended, prices may vary depending on the customer's place of residence as of 01.01.2015 (prices in offers are exclusive of the statutory VAT for the Federal Republic of Germany).
Invoices for top-ups and subscription payments will be issued as a PDF or, upon request, as an e-invoice and sent within 12 hours.
5.1. Some services on Facenest may be subject to charges. The applicable prices and payment terms are available in the respective tariff descriptions.
5.2. Payment can be made via bank transfer, credit card, or other available payment methods.
5.3. In case of late payment, Facenest reserves the right to restrict access to paid services.
5.4. Facenest is exempt from VAT according to § 19 UStG, so VAT is not stated.
6. Right of Withdrawal
6.1. Users have the right to withdraw from paid contracts within 14 days without providing a reason.
6.2. To exercise the right of withdrawal, users must inform Facenest through a clear declaration (e.g., by email or letter).
6.3. If a paid service has already been used within the withdrawal period, partial refunds may be excluded.
7. Liability
7.1. Facenest is not liable for content posted by users.
7.2. Facenest is not liable for technical disruptions or data losses unless caused by gross negligence or intent.
7.3. Users are liable for violations of these Terms of Use and indemnify Facenest against third-party claims.
8. Code of Conduct and Community Guidelines
8.1. Users must behave respectfully and fairly toward others.
8.2. Repeated misconduct may result in warnings, temporary, or permanent bans.
8.3. Violations of applicable law or these terms may lead to immediate suspension.
9. Copyright and Intellectual Property
9.1. Users may only upload content for which they hold the necessary rights.
9.2. The use of Facenest content by third parties is only permitted with prior authorization.
10. Platform Availability
10.1. Facenest does not guarantee permanent availability of the platform.
10.2. Maintenance work or technical disruptions may cause temporary restrictions.
11. Abuse and Reporting System
11.1. Users can report violations or problematic content.
11.2. Facenest reviews reports but is not obligated to take action in every case.
12. Data Retention and Account Deletion
12.1. After account deletion, certain content may remain publicly visible (e.g., comments).
12.2. Users can request complete deletion of personal data unless legal retention obligations exist.
13. Advertising and Third-Party Services
13.1. Advertising on the platform is only permitted in designated areas.
13.2. Facenest may use third-party services for payments or external content.
14. Contract Duration and Termination
14.1. The contract between the user and Facenest is concluded for an indefinite period.
14.2. Users can delete their accounts at any time.
14.3. Facenest reserves the right to suspend or delete user accounts in case of violations of the Terms of Use.
15. Final Provisions
15.1. If individual provisions of these Terms of Use are or become invalid, the validity of the remaining provisions remains unaffected.
15.2. The laws of the Federal Republic of Germany apply.
15.3. The place of jurisdiction for all disputes related to the use of Facenest is Kassel, Germany.
Effective Date: February 12, 2025
