Preamble
These terms of use govern the use of the website kandiegang.com and all related services. The platform provides digital community functions, content, and organizational tools for users. Unless expressly stated otherwise, the operator does not act as an organizer of real-world events. Participation in any activities arranged through the platform occurs at the user's own responsibility. Users are responsible for complying with applicable laws and ensuring appropriate insurance where necessary.
Kandie Gang reserves the right to change these terms of use at any time and without giving reasons. Changes will be communicated to users in a timely manner. If no objection is raised within two weeks of receiving the notification of changes, the amended terms of use will be deemed accepted by the user.
Section 1: Operator and scope
1.1 Operator
The operator of kandiegang.com is the legal entity identified in the website imprint.
1.2 Scope of application
These terms apply to all users of kandiegang.com. Conflicting terms of users do not apply unless expressly accepted by the operator.
1.3 Contract language
Unless otherwise specified, the contract language is German.
1.4 Storage of contract text
The terms of use are accessible on the website and may be saved or printed by users.
Section 2: Eligibility and user account
2.1 Minimum age
Users must be at least 18 years old or have reached the age of majority under applicable law. By registering, users confirm compliance with this requirement.
2.2 Account creation
A contract between the operator and the user is concluded when the user creates an account and accepts these terms via an explicit confirmation action.
2.3 Account security
Users are responsible for maintaining confidentiality of login credentials and for all activities performed through their accounts.
2.4 Accurate information
Users must provide truthful and complete information and update it when necessary.
Section 3: Services
3.1 Service description
The platform provides digital services, community interaction features, and content as described on the website. The exact scope results from the respective service description at the time of use or purchase.
3.2 Technical requirements
Use requires compatible devices, updated software, and a functioning internet connection.
3.3 Third-party services
The operator may use third-party service providers to deliver technical or operational functions.
Section 4: Paid services and subscriptions
4.1 Pricing
Prices and billing conditions for paid services are displayed before purchase.
4.2 Contract term and renewal
Subscriptions run for the agreed term and renew automatically unless cancelled before the end of the current term. Users will be informed about renewal conditions prior to purchase.
4.3 Termination
Users may terminate subscriptions according to the specified notice period. The statutory right to extraordinary termination remains unaffected.
Section 5: Right of withdrawal and digital content
5.1 Consumer withdrawal rights
Consumers generally have a statutory right of withdrawal under applicable law.
5.2 Early expiration of withdrawal rights
The right of withdrawal for digital content or digital services may expire if the user expressly agrees that performance begins before expiry of the withdrawal period and confirms knowledge that the right of withdrawal is lost upon commencement of performance.
5.3 Leisure activities with fixed dates
For services relating to leisure activities with specific dates or periods, no right of withdrawal exists pursuant to section 312g paragraph 2 number 9 of the German Civil Code.
Section 6: Acceptable use and user obligations
6.1 Lawful conduct
Users must use the platform only in accordance with applicable law.
6.2 Prohibited conduct
Users must not upload or distribute content that:
- is illegal, discriminatory, defamatory, or harmful
- contains hate speech, incitement to violence, or harassment
- violates intellectual property rights or privacy rights
- contains unlawful pornographic or youth-endangering material
6.3 Automated access
Unauthorized scraping, crawler usage, or automated extraction of content is prohibited.
6.4 Content responsibility
Users are solely responsible for content they upload. They must ensure they hold the necessary rights.
6.5 Indemnification
If third parties assert claims against the operator due to unlawful user conduct, the user must indemnify the operator to the extent permitted by law.
Section 7: Participation in real-world activities
7.1 Independent participation
Activities arranged via the platform are generally organized by users unless explicitly stated otherwise. Participation occurs at the user's own risk.
7.2 Compliance with regulations
Participants must comply with traffic regulations, safety requirements, and applicable local laws.
7.3 Health responsibility
Users confirm they are responsible for assessing their own health conditions before participating in activities.
7.4 Equipment responsibility
Users must ensure appropriate equipment and safety measures.
7.5 Media recordings
Photos or videos may be taken during community activities. As written in the Ride Waiver , you grant the operator a non-exclusive, worldwide, royalty-free license to use such media for promotional purposes.
Section 8: Intellectual property rights
8.1 Platform content
All content provided by the operator is protected by copyright and related rights unless otherwise indicated.
Reproduction, public display, or any other use or exploitation of such protected content is generally prohibited without the consent of the respective rights holder. Unless exceptions arise from the law, only personal, non-commercial use within the intended purpose of the offering is permitted. Users may therefore access, save, and print the content for private use, provided that it does not serve directly or indirectly for commercial purposes.
8.2 User license
Users receive a non-exclusive, revocable, non-transferable right to use the platform for its intended purpose.
8.3 User-generated content license
By uploading content, users grant the operator a non-exclusive, worldwide, royalty-free license to host, reproduce, display, and technically process such content for operation of the platform.
Section 9: Availability
9.1 Free services
No specific availability level is guaranteed for free services.
9.2 Paid services
For paid services, the operator aims for high availability. Maintenance windows and events beyond control are excluded from availability calculations.
Section 10: Account suspension and termination
The operator may restrict or terminate accounts if users violate these terms, provide false information, misuse services, or where another significant reason exists. Measures will respect applicable legal requirements and proportionality.
Section 11: Liability
11.1 Mandatory liability
The operator is fully liable for intent, gross negligence, injury to life, body, or health, fraudulent concealment of defects, and claims under mandatory product liability law.
11.2 Limited liability
For slightly negligent breaches of essential contractual obligations, liability is limited to foreseeable damages typical for the contract.
11.3 Exclusions
Otherwise, liability is excluded to the extent permitted by law.
11.4 External activities
The operator is not responsible for conduct of users or third parties during independently organized activities unless the operator is directly responsible.
Section 12: Data protection
Personal data is processed in accordance with applicable data protection laws, including the GDPR. Details are provided in the privacy policy available on the website.
Section 13: Force majeure
The operator is not liable for delays or failure to perform caused by events beyond reasonable control, including governmental measures, pandemics, infrastructure failures, or lawful industrial action.
Section 14: Special plans for community or non-profit use
Where special tariffs exist for private communities or registered associations, eligibility requirements must be met. By selecting such plans, users confirm eligibility. If incorrect information is provided, the operator may adjust pricing to the applicable commercial tariff and charge the difference. Intentional misrepresentation may result in immediate termination.
Section 15: Amendments
The operator may amend these terms where necessary for legal, technical, or operational reasons. Users will be informed in advance. If changes materially affect users, reasonable notice and termination options will be provided.
Section 16: Governing law and final provisions
German law applies, excluding conflict-of-law rules to the extent permitted. Mandatory consumer protection provisions of the user's country of residence remain unaffected.
If individual provisions are invalid, the remainder of the terms remains effective.