Terms of Use Community

General Terms of Use for the Changers Community (ToU Community)

These Terms of Use (ToU) are regulating the access to and general use of of the Changers Community Website, a serviced offered by

Blacksquared GmbH, Rudolf-Breitscheid-Straße 34, D-14482 Potsdam
(hereafter referred to as „the Operator“)

by all internet-users who are registered on the website (hereafter referred to as “Users” / ”the User”).

I –

Introduction

1. The Operator owns and operates a social community website under their brand name “Changers Community”, freely accessible via the web-addresses ‘www.changers.com’ and ‘www.changers.de’ (hereafter referred to as “the Website”). On this website, users can register in accordance with these Community ToU, set up a user account as a community-member (hereafter referred to as “user account”) and have full access to the Operator’s services that are described in detail below.
2. Within the the Changers Community, the Users can collect data values about their changes and achievements with regard to energy use and environmentally conscious behavior. These achievements can be displayed in different indices and scores which can be compared and discussed among the Changers Community members. By thus playfully participating in the collective efforts of the Community, the Users can provide a significant contribution to easing the burden on the environment and at the same time obtain access to attractive products and services of our Partners and licensed Retailers at reduced prices.
3. For this, the Users’ achievements are converted into the Community’s “Changers Recoins”. Recoins are a digital currency, based on renewable energy and CO2 Savings. The Changers Recoins are produced with selected Partners in developing countries where solar energy is of immediate use to the rural population. Also, the users are able to mine their own Recoins by recording the their own energy production, using CO2-neutral devices with our in-house solar power meter, and convert their contribution into Changers Recoins.
4. Each Recoin is based on one Watt-hour of regenerative energy. Hence, Recoins are a digital currency with intrinsic value. The mining of our Recoins after this procedure has been protected by the Operator under patent US Patent 8463561.
5. With their participation in the Changers Community, the Users can can collect Recoins, they can obtain them as bonus awards for a purchase at our licensed Retailers or redeem them for price-reductions when purchasing from such Retailers. The Users acknowledge that Recoins can not be directly converted into any money currency and that there is especially no claim on whatever ground against the Operator for any such exchange.

II –

Registration and User Account

1.

Prerequisites for use

1.1. Registration to the Changers Community is free of charge for all Users. Any person who is at least 14 years old shall be allowed to register to the Changers Community.
1.2. The Operator reserves the right to verify the User’s personal information. Registrations to the Changers Community are not transferable. The User shall keep his chosen password confidential and give no access to it to any third parties.
1.3. To be able to use the Operator’s services offered on the Community Website, the User will first have to declare his agreement to these Community ToU as well as the Privacy Policy for the Changers Community (PP Community).
1.4. The Operator reserves himself the right, to reject any registration application without further notice.

2.

Registration and Login

2.1. To use the Operator’s services, the User is obliged to register to the website and to provide, fully and accurately, the information marked as mandatory, in particular his or her first and last name along with an e-Mail-address. The User must also choose a password to log in to the Website later.
2.2. Alternately to this registration process, the User may also register to the Changers Website via his existing User Account at facebook or certain other social network services (SNS) as provided for by the Operator.
2.3. As soon as the Operator has confirmed the User’s registration, the User will receive a confirmation notice which will be sent to the e-Mail-address they have provided in course of the registration process. With this conclusion of the registration, a contract is entered by the parties, as the User’s offer to enter into a agreement regarding the Operator’s services has been accepted by he latter by means of activating the User Account.

3.

User Account and Profile

3.1. After having his User Account successfully activated, the User is granted full access to the Operator’s services as described in the introduction and the subsequent Art. III of these ToU when logging in to the Community Website, using his chosen e-Mail-address and password. He can also administrate his own user profile and contact and communicate with other Users.
3.2. In case that the User’s information that were demanded as mandatory by the Operator should change, the User shall inform the Operator hereof immediately.
3.3. The registered user Account grants the User full membership in the Changers Community and access to the services described in these ToU. Any other use of the Website and in particular any commercial use or advertisement are subject to the Operator’s agreement to register a Retailer-account and subject to special regulations.

III –

Use of the Community Services

1.

Services for registered Users

1.1. Users who register to the Website in accordance with these ToU and maintain their User Account obtain full access to the Changers Community. They can particularly communicate with other Users via the Community Portal, maintain their profile and display their contributions to the Community and compare and compete with other Users. Also, they can trade Recoins with licensed Changers Retailers or other Users in our giro-service.
1.2. On the Website, the Users have also access to the Changers Community’s Marketplace and Online-Shop. On the Marketplace they can view and acquire products and services offered by licensed Retailers and earn or redeem Recoins in the process. In addition to this, the Operator maintains an own Online-Shop on the Website, where he sells Changers solar modules and solar chargers.
1.3. Any of the User’s transactions at the marketplace or Online Shop of the Community shall be subject of these ToU as well as, additionally, our Terms of Contract for the Changers Community Shop and Marketplace (ToC Shop & Marketplace).

2.

Free Download and Use of the Changers-App

2.1. The Changers-App can be downloaded for free from AppStore or Google play. The download is furthermore subject to our General Terms of Use for the Changers App (ToU App).
2.2. Users who are not yet registered to the Website can conduct their registration directly in the course of the App installation.
2.3. The Changers-App allows the User,1) to collect data regarding different aspects of his CO2-relevant behavior and transfer them to the Website, where his individual CO2-footprint can be displayed in different indices,2) to conduct Recoin-transactions, either by scanning a bar code on a voucher or via direct between mobile devices that have the Changers-App installed, as well as

3) to have fill access to all services and functionalities of the Changers Community as described above.

2.4. It is not necessary to use or possess the Changers-App to participate in the Changers Community and to use the services detailed out above in Art. III.1. The Operator has notified the User, however, and the User acknowledges hereby that use of the full spectrum of possibilities of the Changers platform is only available via the use of Changers-App.

3.

Purchase and Use of Changers Solar modules and Solar-chargers

3.1. Via the Changers Online-Shop the Users can purchase Solar modules and Solar chargers. These allow for own solar energy production free of CO2 emissions. The energy is stored in a solar battery and can be used to load smartphones, mobile phones. Mp3 players and other electrical devices. The Changers Solar charger uses its integrated power meter to record the amount of regenerative energy generated and used.
3.2. When a User has created a User Account on the Changers Community Website and his Changers Solar charger is connected with a personal computer which is again connected to the internet and has the Operator’s freeware drivers installed, the data collected on the User’s produced and saved solar energy can be transferred to the Changers Community on an hourly basis. Based on this data, Recoins are assigned to the User, which he can again redeem on the Marketplace and at licensed Retailers.
3.3. The Operator notifies expressively, that the registration of a User Account on the Changers Community Website is free and neither obliges any User to purchase a Changers Solar module or Solar charger nor vice versa. To mine their own Recoins, Users do however need the components as described above in para. 3.2.

IV –

Provision of Services by the Operator

1.

Operator’s Responsibility

1.1. The Operator is responsible for the provision of changers.com and changers.de platform and the Changers Community services.
1.2. The calculations computed by the operator as well as the information provided by him with regard to the amount of CO2 savings, shall be prepared by the same with the utmost care following meticulous research with the aid of the latest scientific knowledge. In the case that, in so doing, the Operator cites third parties, it shall reveal its sources. The Operator gives no further guarantee on the accuracy, completeness or quality of the information made available nor warrants its being up-to-date beyond the liability set out in Art. XI of these ToU.
1.3. As a result of normal maintenance works, disruptions to the internet inherent in the system as well as in the case of force majeure, it may happen that aspects of the services provided by the Operator or the services as a whole will be unavailable for brief periods. The User therefore has no claim to constant, uninterrupted and trouble-free access to the Changers Community. The Operator shall endeavor to carry out maintenance works and planned service disruptions outside peak hours and give early notice of the same. The above regulation is without prejudice to Art. XI of these ToU.
1.4. The Operator shall always endeavor to improve its services and to develop them further. In the context of this further development, individual applications may be improved, extended or slightly altered by the Operator. This includes discontinuing functionalities or other parts of the service wholly or in part, provided this does not lead to a reconfiguration of the Operator’s services that is more than slight. The right to alter a service arises in particular where such alteration is common within the industry or there is an obligation regarding the same as a result of a legislative amendment or on the basis of case law. This clause is without prejudice to Art. XII para. 1 of these ToU.
1.5. The Operator is entitled to commission third-party service providers and agents to carry out parts of or the whole range of services.

2.

Concession of Rights of Use by the Operator

For the duration of this Contract, the Operator grants the User an irrevocable, non-exclusive, non-transferable right to use the services and applications offered. No further rights are conceded to the User. The Operator shall be permitted, where necessary, to change the scope of the rights permitted provided this does not represent a significant restriction on the rights granted in these Ts&Cs. This clause is without prejudice to Art. XII para. 1 of these ToU.

3.

No liability for Users’ or third parties’ information

3.1 The Operator notifies the Users that it cannot guarantee the true identity of Users registered with the Changers Community. Each User is therefore required to satisfy himself as to the identity of other registered Users.
3.2. Information provided on the Changers Marketplace by licensed Retailers, where the User can earn or redeem Changers Recoins are generally not verified by the Operator regarding their being up-to-date, their general or specific applicability or the de facto usability of the products and services offered there.

V –

Users’ obligations

By agreeing to these ToU, the Users acknowledges and accepts the subsequent obligations:

1.

Registration data

1.1. The User shall be obliged to keep the registration- and login-data provided by him in course of the registration and probably changed subsequently secret and not to hand them on to any third persons. The User shall not be allowed to grant third persons access to the Changers Community by means of providing them with his registration data.
1.2. As soon as a User has reason to suspect that his access data are known to third parties or that his user account is being used by third parties, he or she shall immediately give notice hereof to the Operator.

2.

Uploaded content

2.1. The user ensures that any content uploaded by him to the Changers Website is in accordance with the applicable laws and public morale and does not infringe the rights of third parties, including personal rights, trademark rights or copyrights of third parties, as well as that the respective content is not apt to corrupt young people or violate laws for the protection of the youth.
2.2. The User shall, immediately and on first notice by the Operator, remove and delete any content that conflicts with this Art. V of these ToU.
2.3. The content published in the Changers Community by other Users or the Operator must not be copied, distributed or otherwise be made public without the prior consent of the Operator or respective User, unless in case of any legal obligation. This refers particularly to the use of scripts or programs for the automatic evaluation of user-generated content.

3.

No disruption to other Users or misuse of the community

3.1. The User undertakes not to apply any mechanisms, software or other scripts in connection with the use of the Changers Community which could disrupt the operation of the Changers websites or which cause an excessive or unreasonable overload of the web infrastructure of the Changers websites or the disturbance of other Users.
3.2. The User undertakes not to block, overwrite or modify any of the content generated by the Operator.
3.3. The User undertakes to notify the Operator immediately of any breaches of these ToU, in particular of any such violations as detailed in this Art. V, by other Users or third parties, if and as soon as such comes to his notice.

VI –

Indemnity

1. The User indemnifies the Operator against all claims, including claims for damages, brought by other Users or other third parties against the Operator as a result of a breach of their rights for which the User is responsible due to any content he or she uploaded to the Changers Community. The User shall furthermore indemnify the Operator against all claims, including claims for damages, brought by other Users or other third parties against the Operator in relation to an infringement of their rights through the use of the Changers Community services to the extent he is responsible for the relevant infringement of rights. Where he is liable the User shall bear all reasonable costs arising as a result of the breach of third party rights, including reasonable legal defense costs. This is without prejudice to the Operator’s further rights and damages claims. The User shall be entitled to prove that the Operator actually incurred lower costs.
2. Where third parties bring claims against the Operator, the User shall immediately upon request fully and honestly share with it all such information at his disposal as is necessary for an examination of the claims and a defense. This is without prejudice to any further damages claims by the Operator against the User.
3. Where the User’s content infringes the rights of third parties, he shall, upon the Operator’s request, either at his own expense procure for the latter the right to modify the relevant content, or take it upon himself to modify or delete the respective content to whatever extent it is necessary to completely avoid any infringements of third parties’ rights.

VII –

Grant of License by the User

1. The User grants the Operator free of any charge the non-exclusive right, unlimited in time and space, to make the content uploaded by him accessible via all the media used in relation with the Changers Community (internet, mobile devices) and in accordance with the purposes of the Changers Community.
2. The Operator has the right to process the uploaded content in order to make all the technical adjustments necessary for presentation of the content within the Changers Community.
3. The rights granted by the User expire as soon as the User’s use agreement expires or the content is removed from the Changers Community.
4. The User warrants that he has all the necessary rights to the content uploaded by him. He is expressly referred to his duties set out under Art. V para. 2 of these ToU.
5. Any rights of the Operator under this clause are not applicable to such content that consists of personal data as defined in Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data. With regard hereto the Privacy Policy for the Changers Community (PP Community) shall apply.

VIII –

Sanctions

1. The Operator shall be entitled to apply the sanctions as listed below in para. 3 if it has specific reason to believe that a User is in breach of these ToU, in particular of his or her obligations under Art. V, of statutory regulations, the rights of third parties or public policy. The Operator shall furthermore be entitled to remove the relevant content from the Changers Community without prior notice.
2. When choosing the sanction to be imposed the Operator shall consider the reasonable interests of the User concerned, whereby it shall be of particular relevance whether there has been merely misconduct through no fault of the User or a culpable breach on the part of the User.
3. The Operator may apply the sanctions listed below:

  • warning to the User (the mildest option),
  • complete or partial deletion of the User’s content,
  • constraint/restriction of use of applications within the Changers Community,
  • temporary blocking of a User account,
  • final blocking of a User, i.e. extraordinary notice of termination of the use agreement, in the case that a continuation of the contractual relationship is not acceptable to the Operator.
4. Where the Operator has blocked a User from using the community, the latter is no longer permitted to register with a different User account and/or use the Community any further.

IX –

Protection of personal data

1.

Mandatory information / registration data

1.1. The Operator is permitted to collect and use personal information about the User to the extent that is necessary for the User’s participation in the Changers Community.
1.2. In particular, the Operator gathers, processes and applies data transferred to it during registration or which has been provided to it by the User upon the use of any of the Community services.
1.3. The Operator uses the contact data supplied to provide the User with information in connection with their participation in the Changers Community. The Operator may also use the contact data in order to keep the User informed of its products and services. The Operator expresses its willingness, according to the User’s wishes, not to inform them of such new developments.

2.

Other personal data

2.1. The processing and use of personal data for purposes other than those listed in para 1 of this Article shall be prohibited unless the Operator asks the User’s express consent or any statutory regulation permits such use to the Operator.
2.2. The User has the right at any time to demand free-of-charge information with regard to his personal data saved by the Operator. The User shall also be entitled to demand the correction, blocking or deletion of such data.
2.3. Questions relating to the gathering, processing or use of personal data, to information, corrections, blocking or deletion of data as well as to the withdrawal of consents given may be addressed to the Operator under the address given in the Website’s legal notice. Furthermore, the Privacy Policy for the Changers Community (PP Community) shall apply.

X –

Duration and termination

1. This Agreement between the User and the Operator is concluded for an indefinite length of time. The User may at any terminate the Contract without prior notice or need for reason.
2. For notice of termination of the Contract by the User the latter may delete his User Account by clicking on “Delete account” under the heading ”My Account”. Also, he may give notice of termination by e-mail to support@changers.com or in writing to the Operator at the address given in the Website’s legal notice. In both cases he needs to provide the e-mail address he used for registration.
3. The Operator may properly terminate the Contract with the User at any time upon a notice period of fourteen (14) days. This is without prejudice to the right to terminate on material grounds or to block the User. With regard to this, Art. VIII of these ToU shall apply.
4. In the case of termination of the Contract for whatever reason the Operator shall cut off User access and delete the user data provided there is no legal duty to retain it. The Operator draws attention to the Privacy Policy for the Changers Community (PP Community).

XI –

Liability

1. The Operator is not responsible for the availability, price, condition, usefulness, legality or the actual or intended fitness for purpose of the products and services purchasable using ReCoins collected within the Changers Community. The Operator is not a contractual partner under a sales agreement with the relevant Retailer or partner and accepts no liability or other responsibility for the aforementioned products and services. Any claims or disputes in connection with the aforementioned products and services must therefore be resolved between the retailer and the relevant User. The Operator is not responsible for the content of websites of third parties, for damage or other disruptions which have arisen on grounds of insufficient availability or of the imperfect operation of the internet.
2. Liability – on whatever legal grounds – otherwise arises only
1) in the case of fraudulent intent or gross negligence found on the part of the Operator’s legal representative, a senior member of staff or other agents,
2) depending on the grounds, in the case of each deliberate breach of a material contractual obligation, in the case of delay and impossibility.
3. In case of economic loss and damage to property liability is limited to typically foreseeable losses.
4. The aforementioned limitations on liability shall not apply in cases of mandatory legal liability, in particular under the Product Liability Act, in case of the transfer of a guarantee or in case of culpable loss of life, personal injury or damage to health.

XII –

Final Provisions

1.

Alterations to the Community Services or these Terms of Use.

Where the operation of the Community makes it necessary to change services or parts thereof to an extent that they are no longer covered by the provisions of these ToU or where it deems it appropriate for other reasons, the Operator may at any time alter them at its own discretion. He shall then, however, notify the User of these altered ToU. The User can then either accept these new ToU or cancel the Agreement. This clause applies with no prejudice to Art. X of these ToU.

2.

Legal venue and applicable law

2.1. The law of the Federal Republic of Germany shall apply. The United Nations Convention on Contracts for the International Sale of Goods is excluded. This is without prejudice to the application of mandatory norms of the country in which, at the time the agreement was entered into, the User had his usual place of residence.
2.2. Where one or more provisions of these General Terms of Use are or become invalid or impracticable, this shall not affect the validity of its other provisions.
These General Terms of Use were last updated on June 13th, 2014.