Terms & Conditions

Preamble

Bernhard Wiesbeck – hereinafter referred to as the provider – operates a portal for commercial purposes under the domain www.be-your-world.com, on which interested parties – hereinafter referred to as members – can present themselves and exchange ideas with like-minded people on an international level.

§1 Scope

An independent contract is concluded between the Provider and the Members upon confirmation of the registration by the Provider. The contract is determined exclusively in accordance with these T&Cs, which the member acknowledges as the sole authoritative with his registration in accordance with section 2. Other terms and conditions do not become part of the contract even if they are not expressly contradicted. Special agreements and ancillary agreements are only valid after written confirmation by the provider. The version available on the portal (www.be-your-world.com) at the time of registration applies.

§ 2 Registration

The prerequisite for admission to the use of the platform is the conclusion of a contract with the provider. To do this, the member fills in the data required for registration on the registration page.

Only legal and natural persons who are of legal age at the time of conclusion of the contract are entitled to register as members. The Member warrants that all data provided by him or her is true and complete. The Member undertakes to inform the Provider immediately of any changes to the registration data made. There is no entitlement to admission and entry of the data. The provider reserves the right to revoke the admission and entry at any time without notice without giving reasons, but in particular due to false information provided during registration and misuse of the platform.

§ 3 Range of services

With www.be-your-world.com, the provider provides a fee-based internet platform on which members can present themselves and exchange ideas. Participation in events under the auspices of www.be-your-world.com is not automatically guaranteed by membership. They require mutual consent and individual agreements between the provider and the member. The costs incurred for participation in www.be-your-world.com events will be discussed individually and can vary greatly depending on the event.

§ 4 Prices

The use of the www.be-your-world.com portal costs 9,90 € per month as Premium member. A seven day trial period costs 4,95 €. Additional services outside the website like seminars, individual workshops and personal sessions are charged individually.

§ 5 Term of Contract, Termination

The contract is concluded for an indefinite period. The minimum duration of a membership is 3 months. The contract can be terminated by either party at any time without giving reasons. This requires the text form (letter, fax, e-mail). After termination, all entries of the member will be deleted by the provider.

§ 6 Duties and Obligations of the Member

Insofar as data is transmitted to the Provider, regardless of the form, the Member shall make backup copies. The provider assumes no liability in the event of loss of data. The servers are backed up on a regular basis.

The Member undertakes to keep the passwords obtained from the Provider secret and to prevent unauthorized access by third parties.

The member conducts his presentation within the scope of the provider’s offer in such a way that it does not in any way violate legal prohibitions, good morals and the rights of third parties (copyright, trademark, personal rights, etc.). This includes, in particular, that the member does not offer any pornographic, violence-glorifying or incitement to hatred content as part of his or her presentation.

The member further undertakes not to incite or post instructions for criminal offences.

In addition, the member refrains from offering content that:

(a) glorify war;

b) are obviously likely to endanger the morals of children or young people, in particular those who have been included in the list of writings and media content harmful to minors (§ 1 GjSM) or

c) are likely to impair the physical, mental or emotional well-being of children and adolescents (§ 6 para. 2 JÖSchG).

d) depict people who are dying or who are or have been exposed to severe physical or mental suffering in a way that violates human dignity and reproduce an actual event, without there being an overriding legitimate interest in this form of representation,

e) otherwise violate human dignity, or

f) violate the Narcotics Act, the Medicines Act or the Weapons Act.

A violation of the aforementioned provisions entitles the Provider to immediate termination.

If a member violates the aforementioned prohibitions/commandments, good morals or the rights of third parties in the context of his presentation and/or websites attributable to him or her in terms of content, and the member is responsible for this, the member shall be liable to the provider for compensation for all damages resulting from this.

The member indemnifies the provider internally against any claims of third parties resulting from these violations.

Contracts of any kind between the member and the end customer are the sole responsibility of the member. A contractual relationship is established exclusively between the end customer and the member. The Member undertakes to refrain from sending or causing to be sent unsolicited mass mailings by e-mail or in newsgroups (so-called „spamming“) in connection with the service provided by the Member. If the member violates this, the provider will terminate the contract immediately.

Programs installed by the member that interfere with the operation of the server can be uninstalled, deleted or blocked by the provider.

The member undertakes to keep all information required in accordance with § 5 TDM easily recognisable, immediately accessible and permanently available for its commercial teleservices in the context of its presentation. Termination for any of the above or any other unlawful act

These include, in particular:

• the name and address at which it is established; in the case of legal entities, also the authorised representatives,

• information enabling rapid electronic contact and direct communication with him/her, including the address of the electronic mail,

• the register of trades, associations, partnerships or cooperatives in which it is registered and the corresponding registration number

• in cases where he/she has a VAT identification number in accordance with § 27a of the VAT Act, the indication of this number.

In addition, the member is obliged in particular to observe the regulations on distance contracts in accordance with §§ 312 a et seq. of the German Civil Code (BGB) and to make all information required under the BGB-InfoVO available to end users in the legally prescribed form.

If a member violates the aforementioned prohibitions/commandments, good morals or the rights of third parties in the context of his presentation and/or websites attributable to him or her in terms of content, and the member is responsible for this, the member shall be liable to the provider for compensation for all damages resulting from this. The member indemnifies the provider internally against any claims of third parties resulting from these violations.

§ 7 Warranty and Liability

The Provider assumes no liability for the information reproduced by the Member or statements made by the Member. The Provider does not warrant or warrant of any kind whatsoever as to the continuity and uninterrupted availability of the www.be-your-world.com Portal.

The Provider assumes no liability for damages incurred by Members or third parties as a result of the use of the www.be-your-world.com portal. In particular, the Provider assumes no liability for damages based on technical imponderability in connection with the medium of the Internet (technical defect).

The Provider shall only be liable for any damages, regardless of the legal grounds, if an essential contractual obligation (cardinal obligation) has been culpably violated in a way that jeopardizes the purpose of the contract or if the damage is due to gross negligence or intent, or insofar as it is a liability for damage resulting from injury to life, body or health. The limitation of liability also applies in the event of fault on the part of a vicarious agent of the Provider.

If the breach of an essential contractual obligation (cardinal obligation) is not caused by gross negligence or intent, the Provider’s liability is limited to such typical damages or such a typical extent of damage that was reasonably foreseeable at the time the contract was concluded.

This does not apply to liability under the Product Liability Act. Unless mandatory statutory provisions stipulate otherwise, liability is excluded in all other respects.

§ 8 License Agreement

In the context of marketing, the member grants the provider the right to

-for the comprehensive economic exploitation of the member’s data,

-on the data sets with the respective events,

– the non-exclusive and sublicensable rights of use and exploitation for unrestricted, complete or partial exploitation in all known types of use or exploitation (in particular distribution on the Internet, presentation on websites) on or in connection with the portals and other online advertising media.

The rights of use and exploitation are granted to the provider only as simple rights, i.e. the member remains entitled to dispose of the rights to the data sets himself. The granting of rights is unlimited in terms of location and space.

The above grant includes in particular the following rights:

  1. The right to make the data sets in question and their contents available for retrieval, download and reproduction to users of the provider’s offer via fixed and mobile telecommunications networks and means at the places and times of their choosing. This includes the right to analogue or digital individual transmission.
  2. The right to make them available to the public as well as the right to broadcast, i.e. the right to broadcast the data sets in question or their contents to users by radio for simultaneous or time-delayed reception, in each case to the extent necessary for contractually permissible use.
  3. The right to reproduce and store the relevant data sets and their contents for the contractual purposes without restriction, temporarily or permanently, regardless of the type of storage medium.
  4. The right to store the data sets and their contents online or offline in analogue or digital form for the contractual purposes, and thus to access the stored work at any time and to enable third parties to access it
  5. The right to use the data sets and their contents, in whatever form, for advertising for and through the Provider’s offer in unaltered or retouched form in posters, brochures, advertisements, image or sound carriers, commercials, advertising banners, online text ads, demo versions, multimedia shows, trial versions or similar means of communication.

Online advertising: The provider is entitled without restriction to combine the data or data sets transmitted by the member and their contents with advertising within the scope of the provider’s offer or to have them combined, in particular advertising banners or other forms of media via ad serving, and to place them in or in the immediate vicinity of the data sets and their output content. Proceeds from this are solely due to the provider or its affiliated companies.

The Provider is entitled, for the purposes of the fulfilment of the contract and the promotion of its

offer to use the Member’s trademarks, work titles, names or designations.

The Provider is entitled to sublicense all of the aforementioned rights to third parties, insofar as this is useful for the fulfilment of the contract.

Furthermore, the Provider is entitled to make use of third parties for the fulfilment of its contractual obligations and to grant them the aforementioned rights insofar as it serves to fulfil the contractual obligations or to generate higher traffic on the Provider’s websites.

The grant of rights also includes the right to sublicense the aforementioned rights of use to the users of the provider’s offer for an unlimited period of time, insofar as this is necessary for the contractual use by the Internet users.

The granting of the aforementioned rights is limited to the duration of the contract between the Provider and the Member.

§ 9 Warnings

Warning

BE YOUR WORLD is a technique that will change your mental and physical conditions. Please consult a doctor and get his clearance before starting any kind of BYW activity. If you have any kind of medical condition, addictions or prestages of addition or abuse, genetic defects, traumas, depression, take medications or substances that influence your mental of physical condition or suffer from mental or physical problems etc. of any kind, BYW may not have the intended effect on you. We do not take responsibility of any kind for mental or physical damage or any kind of unwanted results that are considered being a result from using BYW.

§ 10 Final Provisions

Amendments and additions to contracts, including changes to this clause, must be made in writing. There are no verbal ancillary agreements.

Should individual provisions of the contract be or become invalid, this shall not affect the validity of the remainder of the contract. The invalid clause shall be replaced by one whose regulatory content comes as close as possible to the economically intended meaning and purpose of the invalid provision and the contract.

The place of fulfilment is Leipzig. The sole place of jurisdiction for all disputes between the parties arising from the contractual relationship is Leipzig. The provider can also enforce its claims at the debtor’s registered office. The contractual relationship shall be governed exclusively by German law to the exclusion of the UN Convention on Contracts for the International Sale of Goods and private international law.

The Provider reserves the right to amend these T&Cs at any time. Any changes will be communicated to members by email. Unless the member objects to the amendment of the T&Cs within two weeks of receipt of the notification of the change, the amended T&Cs shall be deemed to have been accepted by the respective member.