Returnstar Interactive Technology Group Co. Ltd operates a service under various top-level domains (iqboard.eu) and various sub-domains of those domains that shall hereinafter be referred to as “IQClass Plus”.
§ 1 Subject Matter of the Contract
1.1 IQClass Plus enables registered users to create, modify and manage electronic whiteboard images.
1.2 We reserve the right to modify and possibly limit the scope of services rendered by IQClass Plus, unless this is unreasonable for the User.
§ 2 Registration and User Account
2.1 It is necessary to register on our website or on the website of one of our partners in order to use IQClass Plus.
2.2 The User agrees to provide truthful and complete information when registering. Should this information change, the User must update it independently and without delay.
2.3 Your password for using IQClass Plus should be handled confidentially and must not be passed on to third parties.
2.4 A user account must be used exclusively by the User who registered said user account.
2.5 By registering, the User confirms that he is of legal age and legal capacity.
§ 3 Right of Withdrawal for Consumers
3.1 Right of Withdrawal
A person shall be regarded as a consumer when entering into a legal transaction for purposes that are attributable neither to his commercial nor his self-employed professional activity. A consumer is entitled to withdraw the present contractual declaration within two weeks, without giving reasons and in writing (letter or e-mail). The period shall begin upon receipt of this notification in writing, but not prior to conclusion of contract, nor prior to fulfillment of the Returnstar Interactive Technology Group Co. Ltd information obligations. The timely sending of the withdrawal notification shall constitute compliance with the withdrawal period. The withdrawal notification must be sent to: Returnstar Interactive Technology Group Co. Ltd , 6th Bldg. High-Tech Base. Fuzhou FuJian Prov. China. or Support@IQBoard.net.
3.2 Consequences of Withdrawal
In the event of an effective withdrawal, the services received by both parties, and any benefits gained from the use of such services (e.g. interest), must be returned. If the consumer cannot return to Returnstar Interactive Technology Group Co. Ltd the service received in part or in whole or only in diminished condition, due to the fact that the nature of the service received excludes the possibility of returning it, the consumer must provide compensation. All reimbursement obligations must be fulfilled within 30 days of the withdrawal notice. This period shall begin for the consumer upon sending the withdrawal declaration, and for Returnstar Interactive Technology Group Co. Ltd upon receipt of said declaration.
3.3 Premature Expiry of the Right of Withdrawal:
The consumer’s right of withdrawal shall expire prematurely if the contract has been completely fulfilled by both parties on his express wish before he has exercised his right of withdrawal.
§ 4 Content
Content refers to all the data and information the User has posted and made available at IQClass Plus. Content refers in particular to whiteboard images, photographs, graphics, videos, drawings, texts (including comments, messages, etc.), musical pieces, and personal data.
4.1 Returnstar Interactive Technology Group Co. Ltd shall assume no responsibility for content made available by the User.
4.2 Posting of Content
(a) When posting content, the User must observe applicable legislation (e.g. copyright, trademark, patent, design patent or utility patent law), the provisions of the Criminal Code and any third-party rights.
(b) The User shall not post any content that constitutes propaganda within the meaning of §86 of the Criminal Code. Furthermore, he shall neither incite hatred against nor slander parts of the population or groups of people for racial, religious or other motives.
(c) The User shall post neither pornographic content nor any content contrary to the law for the protection of children and young people.
(d) The User shall not post any content that violates human dignity, glorifies war, or that otherwise contains representations or descriptions glorifying violence.
(e) The User shall not post any instructions or descriptions that could be used to carry out one of the unlawful acts specified under § 126 paragraph 1 of the Criminal Code.
4.3 Returnstar Interactive Technology Group Co. Ltd reserves the right to resort to external hosting providers in order to store user content.
4.4 Returnstar Interactive Technology Group Co. Ltd reserves the right to reject or delete content for technical and other reasons.
§5 Fair Use
The user has the right to upload as many objects (Images, Audio-Files or Video-Files) to the persona IQClass plus library. Should the amount of data exceed 1 GB the Returnstar Interactive Technology Group Co. Ltd may ask the user to delete objects.
The user has the right to use servieces like Goolge Singn On and Microsoft Singn On without extra cost. If these services are used without registering for an IQClass plus license, Returnstar Interactive Technology Group Co. Ltd has the right to terminate this service for the user.
§ 6 Costs and Term
6.1 The costs for the use of IQClass Plus are given in our current price lists.
6.2 The usage fees shall be payable upon receipt of invoice in advance for the period selected.
6.3 For any use of IQClass Plus subject to a charge, the contract shall initially run for the period specified by the User. Thereafter, the term shall be extended by renewal periods of the same duration, provided that neither the User nor Returnstar Interactive Technology Group Co. Ltd terminates the contract in due time.
6.4 For any use of IQClass Plus subject to a charge, the User and Returnstar Interactive Technology Group Co. Ltdare entitled to terminate the contract upon expiry of the billing period specified by the User, or, where applicable, upon expiry of a renewal period that has come into force, with a period of notice of 30 days and without stating any reasons. The notice of termination may be given by e-mail or letter. In the notice, the User should state the e-mail address he registered with IQClass Plus and his customer number.
§7 Restriction of Liability
7.1 Claims for damages against Returnstar Interactive Technology Group Co. Ltd shall be excluded, except in cases of intent or gross negligence. This restriction shall not apply to cases of slight negligence if essential contractual obligations have been violated. Liability for personal injury and under the Product Liability Act remains unaffected.
7.2 Should Returnstar Interactive Technology Group Co. Ltd be excluded from liability, this shall also apply to the personal liability of the partners, representatives, employees and vicarious agents of Returnstar Interactive Technology Group Co. Ltd and/or the companies affiliated with Returnstar Interactive Technology Group Co. Ltd .
§ 8 Indemnification
8.1 The User undertakes to indemnify Returnstar Interactive Technology Group Co. Ltd against all claims – including claims for damages – asserted by other users or other third parties against Returnstar Interactive Technology Group Co. Ltd due to a violation of their rights as a result of content the User has posted on IQClass Plus. The User shall meet all reasonable costs, including for legal defense, incurred by Returnstar Interactive Technology Group Co. Ltd as a result of said violation.
8.2 All further rights, including compensation claims by Returnstar Interactive Technology Group Co. Ltd , remain unaffected.
§9 Warranty Disclaimer
Returnstar Interactive Technology Group Co. Ltd cannot provide any assurance, guarantee or warranty as to the quality, topicality, availability, suitability, accuracy or completeness of IQClass Plus. In particular, Returnstar Interactive Technology Group Co. Ltd cannot guarantee that the use of IQClass Plus is safe, timely, uninterrupted or error-free, or that it can be used in conjunction with any other hardware, software, other systems or other data. Returnstar Interactive Technology Group Co. Ltd cannot guarantee that the stored data is accurate or current, that errors or defects will be corrected, or that the servers used to provide our services are free from viruses or other harmful components.
§10 Concluding Provisions