I. Subject, definitions, legal relations
1. Florian Woisel, Res. Bois boulogne 95290 L’Isle Adam, France, (hereinafter referred to as the "platform operator") provides a platform at www.theanimalside.com (hereinafter referred to as the "platform") on which volunteering assignment are advertised and through which persons interested in volunteering (hereinafter referred to as "volunteers") may apply for a voluntary position.
2. Volunteering assignments are officially offered by welfare organizations, charities and non-state or government-related organizations (hereinafter uniformly referred to as “organizations”).
3. The contents, presentation, design, functioning and all other characteristics of the platform shall be at the sole discretion of the platform operator. This shall include the right to redesign, modify, remove or change the contents, presentation, design, functioning and other characteristics of the platform and individual elements, aspects, parts or features, or to restrict access to the same, at any time.
4. These Terms and Conditions of Use shall govern use of the platform by the organizations or volunteers and accordingly the legal relationship between the platform operator and the organizations or volunteers. They alone shall govern the legal relationship between the platform operator and the organizations or volunteers unless agreements to the contrary are entered into in individual contracts. Agreements which deviate from these provisions in this regard must be in writing.
II. Reservation of right to amend
1. The platform operator shall be entitled to amend these Terms and Conditions of Use subject to a reasonable period of notice.
2. The platform operator shall only be entitled to do so where the amendment can deemed reasonable for the organizations or volunteers taking into account the interests of the platform operator.
3. The platform operator shall announce the amendments to the organizations or volunteers or to the content added by the organizations or volunteers in text form prior to their taking effect.
4. Where the organizations or volunteers does not agree with the amendments, it may object to them.
III. Services of the platform operator
1. The platform operator shall provide the technical conditions for use of the platform to the extent described below.
2. Any organizations or volunteers may set up its own account on the platform and create a profile. Here, individual settings may be adjusted and detailed information on the volunteering assignments provided by the organization may be added.
3. All platform users can add reviews to an organization page that must be accurate and be representative of a personal experience with the organization
4. In addition, the organizations and volunteers shall have the opportunity to publish its own contents through its profile. This user-generated content shall not be checked for legal permissibility by the platform operator.
5. The platform do not own any content added by the organization or volunteer
IV. Setting up an account, creating a profile
1. Registration is required to set up an account. For this purpose the organization or volunteer is required to complete the predefined mandatory fields completely and accurately, to provide a valid email address and, in order to secure the account, set up a password.
2. The organization or the volunteer must accurately state if they are organization or volunteers during sign up.
3. By clicking on the button "Sign Up", the Terms and Conditions of Use are accepted through by the organizations or volunteers and are thereby incorporated in its application.
4. Completion of this initial registration on the platform shall constitute a binding offer on the part of the organizations or volunteers to conclude an agreement for use of the platform. After registration has been completed the organization or the volunteer shall receive a confirmation email to the specified email address. Dispatch of this confirmation email shall constitute acceptance of the offer to conclude an agreement for use of the platform.
5. The platform operator shall be entitled to refuse the organizations’ or volunteers’ offer to conclude an agreement for use of the platform for any reason. The organizations or volunteers shall have no claim to the conclusion of an agreement for the use of the platform.
6. Following conclusion of the usage agreement, the organizations or volunteers may edit its own profile, manage volunteering assignments and add contents.
V. Obligations of organizations and volunteers
1. The organizations and volunteers shall be responsible for the contents inserted by it and for the security of its account.
2. Information, trademarks, brand names, designations and other contents belonging to the platform may not be changed, copied, duplicated, sold, leased, exploited, supplemented or otherwise used without prior written authorization by the platform operator.
3. Organizations and volunteers shall be under obligation
a. to provide complete and accurate information
b. to refrain from setting up more than one account.
c. Taking care of updating the content provided
d. to keep the password set up to secure the account secret.
e. to prevent use of the personal account by third parties.
f. to notify the platform operator without undue delay of any misuse of the organization’s or volunteer’s account.
g. to ensure that the contents they add to the platform do not breach statutory provisions on the protection of youth or violate personal rights or property rights, in particular trademarks, trade rights and copyrights, of third parties. For this purpose, organizations and volunteers shall ensure that it is entitled to the required rights to the work (e.g. texts, photographs, images, graphics, videos, pieces of music, samples) and/or the required permission of any pictured persons has been granted.
h. to refrain from inserting contents which are immoral, discriminating, racist, left- or rightwing extremist, or offensive to religious sensitivities.
VII. Usage rights under copyright
1. Organizations and volunteers grants the platform operator the right, free of any temporal, substantive and territorial restrictions, to use the names, trademarks, logos and images and any other information and contents transmitted by organizations and volunteers free of charge for the platform operator’s own marketing purposes. Organizations and volunteers shall ensure that it is authorized to grant the above rights (rights of usage) and that these rights are not subject to the rights of third parties.
2. Notwithstanding the above, the platform operator shall not be hindered or restricted by this agreement to use the names, trademarks, logos and images and any other information and contents transmitted by organizations and volunteers without organizations’ or volunteers’ consent to the extent which would be legally permissible without a licence (e.g. reasonable use in accordance with copyright law, use by way of reference in accordance with trademark law, or a valid licence by a third party).
VIII. Responsibility for contents, indemnification
1. The platform operator does not inspect the contents of organizations or volunteers for violations of rights of third parties. Organizations and volunteers shall be responsible for the permissibility of their contents which it inserts, and for such contents not violating the rights of third parties, in particular in respect of copyright, competition law and criminal law.
2. Organizations and volunteers herewith indemnifies the platform operator against all claims which third parties assert against the platform operator due to a violation of their rights through contents they inserted.
3. The platform operator shall be entitled to block contents inserted on the platform temporarily or permanently, to remove them from the network or to change them in a manner which removes the violation of rights of third parties, or to issue the demanded declarations to desist, if third parties apply for a prohibitive injunction against the platform operator due to contents which an organization has inserted on the platform.
4. The platform operator shall be entitled to amend content inserted on the platform temporarily or permanently if the provided information does not have a satisfactory quality or accurateness.
X. Duration and termination of the agreement
1. The usage agreement is concluded for an indefinite period. Either party may declare ordinary termination of this usage agreement without notice at any time.
2. Following termination the organization’s or the volunteer’s account, including its profile and contents inserted, shall be deleted.
3. The right to extraordinary termination for cause remains unaffected.
4. Termination must be declared in writing.
XII. Data protection
1. The data provided by the organization or the volunteer shall be saved and processed by the platform operator exclusively for the purposes arising from this agreement and in observance of the relevant statutory data protection provisions. In particular, in the absence of the appropriate authorization, no personal data shall be disclosed to third parties.
2. For security reasons, the platform operator shall be entitled to monitor the communication between the organization and the volunteer on the platform. Conclusion of this usage agreement shall constitute express consent by the user (organization or volunteer) to the above.
XIII. Applicable law and place of jurisdiction
1. Amendments and additions to these contractual terms and any side agreements must be in writing and be signed by both parties unless the above provisions expressly stipulate otherwise. This shall also apply to any waiver of the requirement for written form.
2. Where individual or several provisions of these contractual terms are or become invalid in whole or in part this shall not affect the validity of the remaining provisions or agreements in any cases of doubt. In lieu of the invalid provisions, a provision shall apply which approximates as closely as possible in legally permissible ways to the economic meaning and purpose of the invalid provision.
3. In the event of a dispute concerning the validity, interpretation and/or execution of these terms and conditions, the parties agree that the Paris courts will have exclusive jurisdiction to judge, unless mandatory procedural rules to the contrary exist.