Terms of utilization

Welcome on the website of vicardo GbR, Mathildenstrasse 3, 72461 Albstadt

Product of vicardo

vicardo provides on hand a technical platform for the distribution of the own created digital business card. It allows members to create individual personal or business profiles online, in order to send these to other persons.

The offer of vicardo is exemptible. Claims of utilization of the vicardo websites exists only to the actual status of technique. In case that capacity limits are reached or maintenance of the servers is needed due to security and data integrity, it can happen that the utilization is partly or completely limited.

Registration, term

(1) Participation to the service
The participation to the service of vicardo needs a membership. As far as all given data’s of the new member are complete and correct, the membership is activated, once you receive the confirmation e-mail of vicardo and the activation inside is achieved.

The use and membership of the vicardo platform is void where prohibited. By using the vicardo service, you represent and warrant that all registration information you submit is truthful and accurate, you will maintain the accuracy of such information now and in future, and your use of vicardo does not violate any applicable law or regulation. Your profile may be deleted and your membership can be terminated without warning, if vicardo believes that you are acting against these terms.

(2) Term
These terms shall remain in full force and effect while you use the vicardo services or are a member.

The membership is unlimited by time. There is no right of getting or having a membership.

(3) Termination
The right of termination due to important reason remains unaffected.

Free membership

The registration as a membership at vicardo is free. There will be also no fees for the receiver. Any provider costs to the membership for the utilization of the service remains unaffected.

vicardo reserves the right to modify, to depart from or to cease offering its services free of charge at any time, taking into account vicardo’s legitimate interests.

In case that in future it will happen, that a service is to be offered against any fee, vicardo will inform its members on time by e-mail. Every member can afterwards decide itself, if he wants to continue to use such service. The continued use of the service after the proposed fee modification has posted been posted for at least one month, will be considered as acceptance of the proposed fee modification. The same applies if fees are raised by vicardo. If vicardo terminates the membership because a member has broken the terms, he will not be entitled to the refund of any unused portion of subscription fees.  

Responsibilities of the member

Data’s like username and password that are given during registration have to be maintained secret. The username cannot hurt any rights of a third party or offend public morals. vicardo never asks through e-mail or phone for a password. Because there cannot be given any 100 percent guarantee for the security during transportations in the internet, the user acts on his own risk. For the transfer of files, vicardo cannot guarantee any security regarding the protection of personal data’s, although all efforts are done.

On ingoing alterations of the membership data‘s, the member is obliged to update these immediate and unrequested. The registration of juridical persons has to be accomplished by his representative delegate. Alterations of member data’s have to be announced to vicardo immediately, as long as these cannot be modified on the member account. Messages therefore have to be sending via e-mail at contact@vicardo.com. In case those alterations of a member have not been informed, declarations of vicardo are valid and reached, on his last known address or e-mail address.
Members are allowed to open several member accounts. Member accounts cannot be transferred to other persons. vicardo reserves the right to cancel member accounts, which have not been yet activated after a period of six months, in case that the registration is not finished complete.

Duty of vicardo

(1) Supply of the platform
vicardo makes available a technical platform that enables participating persons, to offer digital business cards (so called vicardo-business cards) in file format through links.

vicardo offers this internet service basically uninterrupted. Exceptions are times that are eventually needed for the update or maintenance of the offer/service. Other exceptions are times due to unpredictable overload, that can eventually cause a downfall of the web servers, or malfunctions of the online-service due to forbidden invasion in the vicardo platform (hacker attacks), as far as this could not have been ceased by technical or reasonable economical measures.

The performance of vicardo is not extended on the technical access to his websites. This is anyhow valid, as far as a member or receiving person provides an access to a provider.

As far as vicardo cannot offer his contractual services due to any labor dispute, force majeure, war, agitation or other for vicardo inevitable circumstances, no disadvantageous legal steps will take place.

(2) Establishing of the access to the vicardo-business card
vicardo refer to an access, after the creation of a link of a vicardo-business card, which can be reached by members through the web. vicardo has no influence on the content and visualizing, showing data’s of members on web sites.

Blocking, cancellation of the membership

a) vicardo can do the following behavior, if early signs are existing, that a member is violating these terms, rights of a third party, especially product and copyrights, that is violating the vicardo-rules or law instructions or other justified interests, especially for the protection of other members against deceitful attempts:

1. Advance notice of members
2. Stop or cancellation of created vicardo-business cards
3. Limitation of limited utilization of the vicardo website
4. Temporary blocking
5. Definitive blocking
6. Cancellation of the membership without notice

vicardo is considering in the interest of the affected member the clues for an overdrawn violation.

b) vicardo can block a member immediately and definitive, if

1. perjury have been done to the registration data.
2. services of vicardo have been misused, and/or damage other members.
3. forbidden accesses have been taken place on the program operation of vicardo. In these cases vicardo will claim for a refund and complaint.
4. another important reason is present.

Members of vicardo will basically informed about such procedures via e-mail.

If a member is definitive blocked, there is no claim for re-activating his vicardo-membership account. A blocked member is not allowed to register himself again.

Content posted

vicardo can delete any content that in the sole judgment of vicardo violates this agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. vicardo assumes no responsibility for monitoring the vicardo services for inappropriate content or conduct. If at any time vicardo chooses, in its sole discretion, to monitor the vicardo service, vicardo nonetheless assumes no responsibility for the content, no obligation to modify or remove any inappropriate content, and no responsibility for the conduct of the user submitting any such content.

The vicardo member is responsible for the content that he publishes through the vicardo-business card and he transmits to other members/receiving persons and for your interactions with other users. vicardo is not responsible and has no control over the content. The content is not necessarily reviewed by vicardo before posting and does not necessarily reflect the opinions or policies of vicardo. vicardo makes no warranties, express or implied, as to the content or to the accuracy and reliability of the content or any material or information that are transmitted to other members.

Forbidden content

Contents inside the created vicardo-business cards that are violating/against legal regulations or against public moral or against conditions of vicardo, can lead to the blocking or in extreme cases to the cancellation of the membership.

Forbidden are among others:

1. The attempt, to present himself as another person.
2. The usage of the username and password of another vicardo member.
3. All contents, that are not in digital form and cannot distributed through the internet or telecommunications way or other similar distribution channels.
4. Contents that cannot be transmitted or made available by/through vicardo.
5. The usage of vicardo, with the aim/target, to bother, scolds of damage any other persons.
6. Contents, that are promoting any copyrighted work (i.e. Brands, patents, registered design, or other license rights from another party), as well as other rights (i.e. right of own pictures, names and personality rights).
7. Pornographic and contents liable to corrupt the young persons, as well as anything showing extreme violence and products, that are proven by the Federal Department for Media Harmful to Young Persons.
8. Unconstitutional propaganda content of national socialist or fundamentalistic nature.
9. The disturbance, excessive encumbrance or even interruption of the vicardo platform or the connected vicardo network/service.
10. Contents that pursue radical, terrorist, inhuman or radical religious intentions, as well as contents with signs of unconstitutional organizations or similar.
11. An automatic usage of the vicardo system, with the help of scripts.
12. Any virus, programs or software, that can damage computers, hardware (i.e. mobile phone) etc.
13. Contents, whose possession is namely legally, but the usage forbidden.
14. Whatever wrong or misleading contents, which is promoting illegal activities or behavior, that are offended, menacingly, obscenely, defamatory or slanderous.
15. The usage of vicardo in a way that violates the valid laws and regulations.

An extension of this list can take place from time to time. With the acceptance of the terms of usage, the member obliges himself to read regularly the vicardo-terms of usage, as these are permanently supplemented and adapted.

The legal responsibility lies to the creator of the vicardo-business card. Emerging costs for a legal prosecution, compensation or expenditures are going to the account of the infringer. Violations against these terms of usage or against the law of the land have to be communicated to vicardo by members or vicardo-receiver. Violations can lead to a blocking or member cancellation.
As vicardo is not to adopt as one’s own profiles, according to the remote services statute (TDG), vicardo is not responsible for foreign contents, and therefore the creator is legally liable for his dispatched vicardo-business cards.

Data privacy

The usage of vicardo is subject to the vicardo-data protection regulations (privacy). These are visible under the link “privacy” on each vicardo-website.

Warranty, liability and compensation

vicardo is responsible

1. in full amount of damage in case of grossly fault of its elements and executives,
2. for guilty violations of fundamental contract obligations,
3. externally of such obligations also for grossly fault of simple performing agents, unless vicardo can be free due to commercial practice,
4. according to the amount of the last to cases for compensation of the typical predictable damage.

Legal liability due to intent, warranty, deceitfulness and for personal injury as well as according to the product liability law, will hereof remain unaffected.

Apart from that the liability of vicardo is explicitly excluded

The member is responsible for the respective content, is liable for it and exempts vicardo for any claims, coming from a third party against vicardo due to unlawful creation of vicardo-business cards. Lawyer fees or other costs, originated due to raising of a claim, is carried by the damaging member.

vicardo is not responsible for any incorrect or inaccurate content posted on the vicardo website or on the created vicardo-business card. This is valid no matter whether caused by the user or by any of the equipment or programming associated with or utilized in the vicardo services. Created vicardo-business cards may contain links to other websites. vicardo is not responsible for the content, accuracy or opinions expressed on such websites. Inclusion of any linked website on the vicardo services does not imply approval or endorsement of the linked website by vicardo. The access of these third-party sites, is done by the own risk. vicardo takes no responsibility for third party advertisements which are posted on this vicardo website or through the vicardo services, nor does it take any responsibility for the goods or services provided by its advertisers.

vicardo is not liable for the interactions between members and receivers.

vicardo makes all efforts for a fastest possible working of the actual information’s and access to the created vicardo-business cards. vicardo has to help oneself on services and distribution channels of a third party, on which it has no influence on the permanent availability. vicardo therefore takes gives no warranty for a transmission without delay, of the created vicardo-business cards on the vicardo website. vicardo is not liable for temporary or ongoing interruption of data transmission to terminals (i.e. mobile phones), as far as vicardo is not responsible for it.

The vicardo services are provided "as-is" and as available. vicardo does not warrant of timely, secure, error- and interruption-free provision of vicardo services. vicardo takes no responsibility for cancellations, failure of the communication lines as well as unauthorized access, theft, destruction of alteration of profiles of the user of members. vicardo declines warranty of fitness for a particular purpose or non-infringement. vicardo cannot guarantee and does not promise any specific results from use of the vicardo services.

vicardo is not responsible for problems or technical malfunctions in relation with the telephone net or lines, online system, servers of providers, computer facilities, software as well as for failures of e-mails due to technical problems or data jam on the internet, or a combination of it.

The exclusion of warranties does not affect your right of withdrawal.

You agree to indemnify and hold vicardo, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the vicardo services in violation of this terms and/or arising from a breach of this terms and/or any breach of your representations and warranties set forth above and/or if any content that you post on the vicardo website or through the vicardo services causes vicardo to be liable to another, provided that this was caused by culpable conduct.

Right of use, management company

Each vicardo member is responsible, that he is also allowed to offer the vicardo-business cards, and also is owner of the rights of the respective declarations inside the vicardo-business card. Any claims asked by a third party caused due to any protective rights violation are going to the account of the member and creator of the vicardo-business card, and not to vicardo or the receiving person.

Furthermore each member has to pay for his vicardo-business card each royalty that eventually has to be paid to any collecting societies. This perhaps independently of any membership with the respective collecting society (especially Gema/GVL). The respective member has to make sure by himself, that these license fees have to be transmitted to the collecting society. In borderline cases the vicardo-member should first get legal advice before publishing his vicardo-business card. A refrain from doing such transmission and payment of the fees, the member is the sole responsible. He keeps vicardo free from and eventually claims.

It should be paid attention that after having uploaded data’s, it can happen that under certain circumstances the quality, data size or format has to be adapted by vicardo, in order to make them available for the receiver. This is especially valid for graphic contents. Furthermore a renaming of all files is eventually needed due to organizational reasons. The member is aware of this necessity by accepting of the terms of usage and allows vicardo in so far as the refinement of the files. vicardo is not responsible for possible alterations of the source files.

Conclusive regulations

The contractual relationship of the user with the vicardo platform, as well as the general terms and conditions are subject of the German law.

Venue is agreed on the responsible court that is responsible for vicardo, in case that the customer is a merchant according to §38 ZPO, or corporate body under public law or public fund assets or has no domestic place of general jurisdiction in the Federal Republic of Germany.

For deals with contactors: In case that one article of this contract is or will be void, the contract remains for the rest effective. The trade partners will replace the void article by another one that will be economically near to the next will of the trade partners.

For deals with consumers, alternatively the legal requirements are valid, in case that one article of this contract is not ineffective.

All services and configurations of the vicardo-business cards and pages and the content as well as the contents on the internet pages of vicardo and his supplier are in case of doubt copyright reserved.

vicardo reserves the rights, to modify these terms of usage, if needed. These alterations become effective, once they are public on the website vicardo.com. The vicardo members will be informed from the modifications via e-mail. In case that they do not agree with the modifications, they have the right of withdrawal. The continued use of the service after the modification has posted been posted for at least one month, will be considered as acceptance of the modification. Therefore it is important, to read this contract regularly, to secure that you are informed about all modifications.