Copyright Infringement

If you believe that your work has been copied in a way that constitutes a copyright infringement, if you do not agree to showcase your listing on this site, or if you have questions about our Terms and Conditions, please: Contact Us

 

  1. Scope of Terms and Conditions
    1. The sole proprietorship ICE NINE OPERATIONS (hereafter “Wohnaroo”), 169 Cold Spring St., New Haven, CT 6511 USA provides the service of the Internet portal www.wohnaroo.com (hereafter “Wohnaroo.com”) on the basis of these General Terms and Conditions (here within referred to as: “The General Terms and Conditions, “Terms and Conditions”, “the general terms and conditions”, “terms and conditions”, or “GTC”).
    2. The General Terms and Conditions apply to all services and contents, which can be found on the website under the URL www.wohnaro.com, as well as the associated sub-pages, the so-called second- and third-level domains (short: Internet portal) offered. The General Terms and Conditions do not apply to third parties. These are services offered by third parties independent of Wohnaroo. The third-party services are marked separately on the internet portal. In this regard, the general terms and conditions of the respective third party services shall apply.
    3. The Terms and Conditions govern the use of the services offered by Wohnaroo.
    4. By using the services offered by Wohnaroo, the user agrees to the terms and conditions. Users who do not agree to the terms and conditions shall be prohibited from using the services provided by Wohnaroo. A usage (or “session”) is already present when the user calls and uses the data of the Internet portal without making a separate entry. A data usage is thus already present in the contact recording and the filtering out of the data via the Internet portal.
    5. Wohnaroo reserves the right to change the terms and conditions at any time. The new General Terms and Conditions shall be communicated to the User in writing and shall then be deemed approved if the User does not notify us via mail or email in the addresses provided here within of an explicit objection to them within six weeks after the announcement of the new General Terms and Conditions.
  2. Object of the contract
    1. Wohnaroo provides an Internet platform, which brings together people looking for and purchasing listed items, especially in the area of residential communities (such as sublets, apartments, and homes) as well as personal goods (such as furniture and bicycles). In addition, the Internet portal offers further services related to these listings.
    2. The offer of the Internet portal is exclusively for private users, who are looking for or want to provide housing or other goods for non-commercial purposes only. Without prejudice to the provisions in § 6, commercial use of the Internet portal, in particular the publication or listing of commercial advertisements, is regularly prohibited.
    3. The offer may only be used by adult users.
  3. Private personal data of users are collected, processed and used in compliance with the applicable data protection regulations. Wohnaroo.com accesses third parties, including Google, to show and collect information and display ads when you visit this site. These companies may use information (this does NOT include your name, address, e-mail address, or phone number) for your visits to these and other sites to show ads to products and services that interest you. If you would like to know more about these methods or if you would like to know what possibilities are available to prevent this information from being used by companies, Please click here.
  4. Proof of use, warranty and disclaimer
    1. For technical reasons, Wohnaroo expressly reserves the right to completely or temporarily remove the advertisement or any other publication from the Internet portal of a non-commercial user or to refuse the use of the platform to a user.
    2. The same applies to all advertisements and publications in the Internet portal, if these violate the present GTC or valid legal regulations.
    3. Wohnaroo assumes no liability for the completeness and correctness of the contracts, agreements, relocation and rental rights, external links, or files available for download. In particular, Wohnaroo does not provide legal advice. Users are requested to contact a person authorized for legal advice.
    4. Wohnaroo assumes no liability for damage, loss of property, or personal harm or injury resulting from solicitations, meetings, conversations, or any other communication on Wohnaroo.com or about any services or goods advertised on Wohnaroo.com or by Wohnaroo.
    5. Liability of Wohnaroo for slight negligence is excluded. This exclusion shall not apply insofar as Wohnaroo culpably violates a fundamental contractual obligation, i.e., such obligation, on the fulfilment of which the user may trust. In case of culpable breach of a material contractual obligation, however, the liability is limited to the foreseeable and typical damage. This exclusion of liability also applies to any vicarious agents or other legal representatives.
    6. Wohnaroo assumes no liability for agreements, rental rights, relocation, or other harm or injury, personal or otherwise, outside of the immediate services offered on the portal, for instance in an email conversation about a product listed on Wohnaroo.com.
    7. Liability for force majeure is excluded. Force majeure occurs, in particular, in environmental or climatic disasters, war or other emergency situations.
    8. The agreements (e.g., the lease agreement) between the respective parties shall apply exclusively to contracts concluded through the mediation or Internet portal of Wohnaroo. Wohnaroo does not accept any contractual obligations in this regard and does not make any guarantees. Liability is completely excluded in this area. Any indirect or direct damages or claims against  Wohnaroo in connection with the operation of the Internet portal must be claimed within one year after a positive knowledge of the damage and liability of Wohnaroo at Wohnaroo.com. If the enforcement is delayed, the user’s claims (forfeiture) are excluded. To the extent statutory statutory periods of statute of limitations prematurely intervene, these earlier deadlines apply.
    9. Any dispute or claim relating in any way to your use of any Wohnaroo service, or to any products or services sold on or mediated by Wohnaroo or through Wohnaroo.com will be resolved by binding arbitration, rather than in court.
    10. Where permitted under the applicable law, you and Wohnaroo agree that each may bring claims against the other only in your or its individual capacity and not as a plaintiff or class member in any purported class or representative action. Unless both you and Wohnaroo agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of representative or class proceeding.
    11. This Agreement shall be governed in all respects by the laws of the State of Connecticut as they apply to agreements entered into and to be performed entirely within Connecticut between Connecticut residents, without regard to conflict of law provisions. You agree that any claim or dispute you may have against Wohnaroo must be resolved by a court located in New Haven, Connecticut, except as otherwise agreed by the parties. You agree to submit to the personal jurisdiction of the courts located within New Haven, Connecticut for the purpose of litigating all such claims or disputes.
  5. Free service. The usage ratio between the non-commercial, “Basic” user (see § 2 paragraph 2 or § 6 of these GTC) and Wohnaroo is free of charge. Users may also enter into a commercial, paid usage with Wohnaroo.com, in exchange for extra services provided by Wohnaroo on Wohnaroo.com, such as featured listings.
  6. Commercial use of the internet portal
    1. A direct or indirect commercial or freelance use of the Internet portal may only take place after prior agreement by Wohnaroo (by emailing support@wohnaroo.com). Such use is generally excluded, since the free character of the service is in the foreground. As commercial or freelance users of the Internet portal, brokers are to be viewed in particular. Brokers in the sense of the General Terms and Conditions are:
      1. A) mediation and post-war brokers, i.e., Persons engaged in commercial activities with a view to a commission, as well as other “commercial intermediaries”, which come under the concept of other commercial housing intermediaries, in particular housing associations, developers, housing cooperatives, operators of so-called “housing lists” and databases.
      2. B) Other commercial job brokers and similar providers: These terms include, in particular, job brokers and similar providers who are engaged in commercial activities.
      3. C) The collection, or “scraping”, of data from posts, pages, or information by users, scripts, or automated methods, with the intention of analyzing, selling, or otherwise posting this data.
    2. It is forbidden to directly or indirectly specify so-called value-added call numbers (eg 0900, 0180X, 0190X, 11XXX) in the Internet portal, or to point it in any way, either by direct presentation or by the announcement of a telephone service, an e-mail or other notification of the user. This also applies to so-called fax fetch numbers. Wohnaroo reserves the right to delete or block the respective advertisement and the user without warning in case of an infringement.
    3. Wohnaroo shall be entitled to demand information from the user on the amount of his or her profits from the value-added call number in case of violation of § 6 (2). Wohnaroo expressly reserves the right to assert claims for damages, in particular non-material damage (including, but not limited to, image loss).
    4. The use of advertisements, which are charged directly or indirectly mediation costs (brokerage) brokerage fees, increased telephone costs and other costs and fees is prohibited. It is also forbidden to display commercial ads or external links without explicit consent by Wohnaroo.
    5. Wohnaroo shall be entitled to delete a listing, page, advertisement, or post immediately without the consent of platform users or renumeration.
    6. Insofar as Wohnaroo acc. (3) is entitled to a remuneration claim against a commercial user, Wohnaroo reserves the right to withhold any remuneration claims of the commercial user against the commercial user until Wohnaroo has fully compensated the claims due.
  7. Rights and obligations of users
    1. The user is solely responsible for the content and correctness of the transmitted data and information. He or she is responsible for his or her actions in the Internet portal.
    2. The user also undertakes not to transmit any data or information whose contents violate the rights of third parties (in particular personality rights, name rights, trademark and other rights of performance rights) or violate existing laws of his or her country of current residence, including, but not limited to, the United States of America and the Federal Republic of Germany (eg Copyright Act, Civil Code, Criminal Code, Markengesetz , Basic Law, Protection of minors). This also applies, in particular, to links to other Internet sites, references to offers in printed or digital media which the user makes.
    3. Users are explicitly advised that it is forbidden by law to publish copyright-protected maps, copyrighted photographs, or other copyrighted material without the consent of the author on the Internet platform.
    4. Finally, users may not use the Internet portal for other illegal or immoral purposes which do not correspond to the objectives of the Internet portal. The use of offensive content, ambiguous names, calls for sexual acts of any kind are prohibited.
    5. The user releases Wohnaroo from all claims of third parties, which are claimed by third parties because of the violation of these terms by the user against Wohnaroo. The user shall reimburse Wohnaroo for all costs, including the costs of law enforcement and defense. In addition, the user is obligated to provide Wohnaroo with all the necessary documents and information necessary to fulfill their interests.
    6. The use of the data used on the website for the purpose of mass mailing (so-called spaming) is prohibited. Wohnaroo reserves the right to use the users who use the data of the internet portal to claim damages, even from non-material damage.
    7. Any activities that have the purpose of adversely affecting the function of the internet portal, or considerably hindering its use, are prohibited. They will be prosecuted under civil and criminal law. In particular, this applies to interventions which impair the physical and logical structure of the Internet portal.
    8. The user undertakes to keep his access data secret from third parties and to protect him from unauthorized access. The user is liable for any unauthorized use of the internet portal, which he is responsible for. The user must notify Wohnaroo immediately if he suspects that his access data are misused by third parties
    9. The user agrees that the personal data specified in the Internet portal can be filtered out by search engines such as Google.de, Google.com, or Yahoo.de. Wohnaroo has no way to prevent such filtering by search engines. In addition, this also contradicts the interest of the Internet portal, because the search engines can reach as wide a group as possible.
    10. The user agrees that the data may appear on Wohnaroo’s respective partner pages, and that user profiles may be used for further business activities of Wohnaroo.
    11. A reproduction of the offers of the internet portal is only permitted with the prior consent of Wohnaroo. In the case of the infringement, Wohnaroo will initiate both civil and criminal proceedings against the respective user.
    12. If a third party violates these terms and conditions or other legal regulations, we ask the user to immediately notify Wohnaroo of the breach so that appropriate measures can be taken.
  8. Rights and obligations of Wohnaroo
    1. Wohnaroo reserves the right to review the listings and advertisements displayed on theWohnaroo.com. Wohnaroo respects the rights of the users, in particular freedom of opinion, insofar as the actions of the users do not themselves lead to an infringement.
    2. If the User violates the General Terms and Conditions or if there is a reasonable suspicion of an infringement, Wohnaroo is entitled to exclude the respective user from the services of the Internet portal and to delete the data transmitted by him or her immediately.
    3. Wohnaroo shall prompt the user to exclude from the internet portal a reasonable period of time to refrain from carrying out the breach of the contract. If the user does not comply with the request, he or she can be excluded without further notice. If the violation of the user is so serious that Wohnaroo can no longer be expected to maintain the utilization ratio, the utilization ratio can be terminated without setting a deadline. This is the case, in particular, in the case of a breach of statutory provisions.
    4. The complete offer of Wohnaroo is subject to the respective industrial rights. This also applies to the entire data and database structure as well as the external appearance of the Internet portal.
  9. Copyright / Licenses
    1. The user grants to Wohnaroo the right to the contents of Wohnaroo (image, word, sound and film) unlimited in terms of space, time and content, even for all purposes connected with the business purpose of Wohnaroo and Wohnaroo.com to use. In particular:
      • The right of reproduction, distribution and public access in any form;
      • The electronic reproduction, distribution and public accessibility; In particular via inter- or intranet, by replaying on screens and by downloading (on-demand file sharing) and by means of mobile communication devices such as mobile telephones, PDAs and the like;
      • The modification of the form of reproduction, in particular by means of editing and translation or transmission into other languages, dialects or presentation forms of a linguistic nature.
    2. In the case of third-party rights, the user grants the exclusive rights of use in the scope ofWohnaroo.com as defined in the General Terms and Conditions.
    3. The user is aware that Wohnaroo will, where appropriate, transfer or license the rights of use granted to it to its contractual partners and will enable its contract partners to dispose of the contents of the advertisement for business purposes. Wohnaroo is, therefore, entitled to transfer or to license the rights pursuant to para. 1, 2 in whole or in part to its contractual partners and to authorize its contractual partners to transfer and sublicense the rights on their part.
  10. Termination of use
    1. Wohnaroo expressly reserves the right to import or alter individual services of the Internet portal or the Internet portal at any time. In particular, Wohnaroo reserves the right to introduce a charge for individual services. In such a case, the user shall be notified separately by Wohnaroo and shall accept the remuneration of the service by means of a separate declaration.
    2. The user is entitled at any time to terminate the usage relationship without stating reasons.
  11. Final provisions
    1. The invalidity of any provision of these General Terms and Conditions shall not affect the validity of the remaining provisions of these General Terms and Conditions.
    2. Only the law of the United States of America shall apply to the present use. The application of UN purchasing law or international law is excluded.
    3. The contractual relationship between Wohnaroo and the user is limited to the utilization ratio. Any further agreements that go beyond the services offered by Wohnaroo via the Internet portal are not concluded between the parties.
    4. If the user is a merchant within the meaning of the German Commercial Code (Handelsgesetzbuch), a legal person of public law or a public special fund, the local jurisdiction of the registered office of Wohnaroo is bindingly agreed in New Haven, CT.
    5. The terms and conditions of Wohnaroo, which are provided by the user, do not affect the utilization ratio as they are not accepted by Wohnaroo. If the user disagrees with this regulation, he is free to refrain from concluding the utilization relationship.
  12. Version
    1. These terms and conditions are valid indefinitely until the new version of the GTC