1. Scope of Validity
1.1. The general terms and conditions (hereinafter referred to as: “T&Cs”) apply for the utilisation of the “stusu” services of stusu UG, Graefestraße 83, 10967 Berlin (hereinafter referred to as: “stusu”), by the user and those directors, representatives, employees, associates and agents acting for it (hereinafter referred to as: the “User”).
1.2. These T&Cs in their respective version are applicable to contractual relationships between stusu and the User. Deviating conditions of the User shall not be recognised by stusu, unless stusu has expressly agreed to their validity in writing.
1.3. With the approval of the validity of these T&Cs, the User declares that s/he is at least 18 years old.
1.4. The use of certain applications within the service may be restricted to certain users and/or user groups. This applies in particular for those applications for which use requires agreement to additional terms and conditions.
2. Services of stusu
2.1. stusu is a user-based online platform which offers its registered users (hereinafter also: “Landlord” and “Tenant”) the opportunity (hereinafter “Service”) to contact each other in order to rent out or lease premises - notably in particular artists’ studios and working spaces (hereinafter: “Premises”) . The use of the service is free of charge.
2.2. stusu is involved in the relationship between the Landlord and Tenant neither as a mediator nor as a party or as a representative of a party.
2.3. Contracts initiated as a result of an advertisement posted by via the Service or otherwise with the help of the Service are to be completed and fulfilled without the participation of stusu.
3. Application and Conclusion of Contract
3.1. By registering and transferring the data of the User, an offer is made to conclude a contract for the service, in particular the use of the User area, as validated by the T&Cs. User accounts are non-transferable.
3.2. Registration is only allowed for legal persons and unrestricted competent physical persons and partnerships. In particular, registration is forbidden for under 18s.
3.3. To use the Service, the User must register on the website (hereinafter referred to as: “Registration”). stusu is entitled to temporarily or permanently reject a registration at any time without having to offer reasons therefore. In this case, stusu will immediately delete any data submitted by the User during registration.
3.4. For a successful registration, it is required that the User gives his/her first and last name and the name of the company where necessary, as well as a valid e-mail address and phone number. Furthermore, the User must also set a suitable and secure password. If a registration is not fully completed, the user account and the data transmitted by the user thus far will be deleted where appropriate.
3.5. The successful completion of a Registration will be confirmed to the User by stusu to the user via e-mail.
3.6. After a confirmed Registration, the User has the option to use the Service via the login area. For this, it is necessary to enter the email address and password specified during Registration.
3.7. The User can also register by means of existing account data from certain third party service providers (in particular facebook) (hereinafter: Social Media Account). The User can link his/her stusu account with the Social Media Account. The availability of this login can be subject to certain restrictions. The User shall note hereby that s/he must provide stusu with the login information for the Social Media account to facilitate such a link. The User allows stusu to access his/her Social Media Account, in the context of the conditions applicable for the use of Social Media Account. Thus, the User makes available to stusu all contents stored and provided in his/her Social Media Account, in particular also the personal data of third parties. The content of the Social Media Account counts in this case as content made available to stusu, as referred to in Fig 4 of these T&Cs. The User declares hereby that s/he is entitled to notify stusu of the credentials for the Social Media Account and/or to grant stusu access to the Social Media Account and that the User this does not thereby violate the conditions applicable between him/her and the provider of the Social Media Account.
3.8. The access data selected by the User during Registration are to be treated as confidential. The User is not permitted to allow third parties use of the Service via his/her access data. Common use of the account within a company and company location is however permissible. In the case of firm evidence of an abuse or of the knowledge of third parties of access data, the User must immediately inform stusu.
4.1. The User is exclusively responsible for all content provided publicly or privately, sent or otherwise made available to third parties content (hereinafter referred to as: “Content”) via the Service, particularly data, texts, graphical representations, animated or stationary images. Only a purely technical transmission of the respective contents is carried out by the Service.
4.2. Content is exclusively restricted to content pertaining to the rental of premises, in whole or in part for commercial purposes or for freelance use.
4.3. The Landlord is obliged to provide the Tenant with full and truthful information in relation to the Premises and the legal relationships pertaining to them, in particular existing rental contracts with third parties, the (sub) rental rate of the space and with regard to the other provided content, in order to give the Tenant a true impression of the Premises.
In connection with the use of the Service or any legal relationships resulting therefrom, Landlords and Tenants are themselves responsible for the adherence with all statutory provisions, particularly tax law and municipal statutes concerning residential rental.
Content made accessible by Users via the Service and their use by Tenants and/or Landlords and/or further third parties will not in principle be checked by stusu for legitimacy, accuracy, completeness, and/or quality. Stusu offers no guarantee for the legitimacy, accuracy, completeness, and/or quality for the respective Content and/or User data and/or the correct use by Tenants and/or Landlords and/or further third parties. Should stusu become aware of illegal actions within the Service, the relevant content will be removed immediately and/or the access to these will be blocked.
4.4. With the agreement with the validity of these T&Cs, the User assures that s/he, within the framework of the application of the Service, will neither make available any content nor engage in any actions which violate good practice or violate the rights of other Users and/or the Tenant or third parties, in particular personality rights as well as copyright and trademark rights, or which otherwise violate any applicable law or the T&Cs. Before making available access to his/her respective content on the Service and/or the use of the third party content, the User must ensure that the necessary rights of use to said content are entitled to him/her.
4.5. In particular, the User may not upload content, otherwise make available to the public and/or otherwise use which contains representations of violence, or sexual, discriminatory, insulting, racist or slanderous elements.
4.6. In the presence of concrete evidence of an infringement of the rules noted above in Figs. 4.4. and 4.5, stusu reserves the right at any time, depending on the gravity of the infringement, to delete the content and to warn Users that the use of the Service may be restricted and that User accounts may be provisionally or permanently blocked.
4.7. The user shall exempt stusu, its directors, agents, employees, associated and agents from all claims that arise as a result of or in connection with an infringement by the User of these provisions or the violation of the rights of other Users and/or the Tenant and/or third parties. This also includes the necessary costs of legal defence and prosecution.
4.8. In the event of a claim by a third party, the User is obliged to immediately communicate to stusu all information required for a consideration of possible claim of the third party. Further compensation claims of stusu against the User remain unaffected.
4.9. The User obligations noted above in Figs 4.6. to 4.7. do not apply wher the User is not responsible for the relevant infringement.
5. The Granting of Rights to use stusu
5.1. The User grants stusu during the time of the use contract a chronologically and geographically unrestricted, free, simple and transferable right to use the content made accessible by him/her via stusu, in particular photos of the premises, (hereinafter referred to as: “Usage Rights”). The Usage Rights are exclusively made use of within the framework of the Service and of its offer. The Usage Rights include in particular also the right to the reproduction, distribution, making publicly accessible, and editing of the content provided by the User, as well as the use of the Content for marketing purposes by stusu on other websites, software applications, emails or print, radio and television marketing campaigns and presentations, at internal and public events such as trade fairs, seminars and training courses. The User shall declare his/her agreement for the translation of his/her contents may be undertaken for integration into foreign websites and software applications.
5.2. The Usage Rights are revocable with effect for the future at any time. The User can revoke such by email at email@example.com or in writing to stusu UG (limited liability), Graefestraße 83, 10967 Berlin by supplying his/her Users data. The revocation of the Usage Rights shall be without prejudice to the existing Usage Rights, which were transferred by stusu to third parties, or otherwise used by stusu, before the exploitation of this revocation by the User, this applies particularly to images made publicly available by the User via the Service.
6. Restrictions on Use
6.1. The User must use the Service in such a way that no impairment, overloading or damage occurs to stusu and that the objective and functionality pursued by the Service is neither endangered or bypassed. The User will neither bypass nor alter the stusu security arrangements by itself or via a third party. The use of hyperlinks referring to the domain www.stusu.com, www.stusu.de or stusu.net and/or associated subdomains, does not in principle constitute any relevant exploitative action.
6.2. Other integration of the Service into other private or commercial services is subject to the written approval of stusu.
7.1. Stusu is committed to attaining the highest possible level of availability of the service, and to the remedying of problems in as short a time as possible. A lasting and trouble-free availability of the Service is not however guaranteed. The User thus has no claim to a permanent and continuous availability of the Service.
7.2. Stusu assumes no guarantee for the permanent availability of its technical systems or the completeness, correctness or topicality of the information made available to the User, or for any errors in data transfer.
8. Backup of the own data
The User is obliged to provide adequate safeguards to ensure that the information made visible on the network and stored by stusu, is secured in a state of the art fashion. It is the responsibility of the User therefore, to save and/or print particularly important information on suitable media - ideally at the end of each use of the Service - so that full access to the data is possible independently of the Service.
9. Cancellation and Termination of Service
9.1. The User may terminate the Service at any time for any reason and without notice. The User may notify said cancellation by e-mail at firstname.lastname@example.org or in writing to stusu UG (limited liability), Graefestraße 83, 10967 Berlin, stating his/her User data.
9.2. The contract with the User may also be cancelled by stusu at any time and without reasons being offered with a two week notice period. The right to termination on important grounds and the right to block or restrict a user account according to the above-mentioned Figs 4.4 to 4.6 remain unaffected.
9.3. Upon termination of the respective contract, the user account and all personal data will be permanently deleted, unless storage of which is required for the execution of the contractual relationship or their storage is required with regards to the claim, exercise or defence of legal claims and there is no reason to believe that the protection interest of the User outweigh such collection, processing or use.
10.1. stusu is liable without limit pursuant to the statutory provisions for damages which are caused by deliberate or grossly negligent behaviour of stusu and his vicarious agents as well as for damage to body and health and damage according to the product liability law as well as in cases of acquisition of guarantees.
10.2. For damages caused by slight negligence, stusu is liable only insofar as they affect to essential contractual duties (cardinal duties). Cardinal duties are such obligations whose fulfilment makes the due performance of the contract possible in the first place, and upon which the User regularly relies and on whose compliance the User might rely. As far as a liability of stusu for slight negligence exists, this is limited to liability by stusu to typically foreseeable damage.
10.3. The foregoing limitations of liability shall also apply in favour of the subcontractors of stusu.
10.4. stusu shall not be liable for any expenses incurred by the User through the use of services not expressly offered by stusu. This applies in particular for costs incurred as a result of the data transfer to or from the mobile device of the User.
10.5. stusu is only liable for deficient functions present at the beginning of the Service, if stusu or its agents are responsible for said deficiency. Strict liability for initial defects, within the scope of rental law, is excluded.
11. Property Rights
All stusu brands and/or commercial property rights represented within the scope of the Service and/or the commercial property rights of partners, customers and advertisers connected with the Service, remain the property of the entitled party, even if the respective representations or logos are nor marked with appropriate protective signs. Duplication and/or other use of these trademarks, copyrights and/or logos without the consent of the respective owner is not permitted.
12. Data protection
12.1. stusu collects, uses and processes the personal data of the User in the framework of the implementation of the contract in accordance with the statutory provisions.
12.2. In addition, subject to the consent of the User, the provisions of the data protection declaration are valid.
13. Applicable law and place of jurisdiction
13.1. The law of the Federal Republic of Germany, excluding the UN Sales Convention, shall apply. This also applies if the User has its domicile in another Member State of the European Union and not in the Federal Republic of Germany.
13.2. The place of provision of the Service is Berlin, Germany.
13.3. For all current and future claims arising from or as a result of the business relationship with the User, other merchants, legal persons of under public law or other legal entities, the exclusive place of jurisdiction is the seat of stusu, currently: Berlin
For the purpose of fulfilling the terms of the contract in the framework of the Service, stusu may use third parties as agents.
15. Reservation of the right to make amendments
These T&Cs may be altered by stusu at a later date. Changes will only be made by stusu to the T&Cs for good reason. In the event of a change, stusu will communicate the amended T&Cs and to emphasise the changes. If the User does not agree with these changes, s/he may contradict them within a timeframe of one month following their announcement. Stusu will be separately informed with regards to right to contradict, the importance of user behaviour and legal consequences. Where no contradiction is raised within this timeframe, the amendments shall be deemed as approved. In the event of contradiction, the contract will continue unaltered, however, stusu, where applicable, will make use of its ordinary termination right.
16. Severability clause
Should any provision of the contract with the User, including these T&Cs, be or become totally or partly ineffective, this will not affect the validity of the remaining provisions. In the case of translation of the T&Cs into another language, the German language version will prevail where there doubt or disagreements.