Terms And Conditions

Flying Eze Terms and Conditions

Dear user,

Here you can find the terms of use of Flying Eze. These Terms of Use apply to all content and services offered by Flying Eze under the domains flyingeze.com, health.flyingeze.com and lastparagon.com (hereinafter referred to as “Offer (s)” or “Website “(s)).

The offers that we are currently making available in the area of ​​our community are very diverse. Since the Internet is not a law-free area, some regulations are necessary. Our Terms of Use are structured as follows:
In Section I (General Provisions) . Do you find the general regulations; They apply to all users, including those who use the site without registering. For some of our services, especially the COMMENT section, you need to register in advance; if you sign up as a registered user, you will also be subject to the provisions of Section II (Special Conditions for Registered Users.

In individual cases, special terms of use may also apply to the use of special services on the websites, for example in competitions, shop offers (promotions) and product tests. However, we will notify you of such special conditions before using the Services and obtain your consent.

The following terms and conditions must be amended and / or updated by us from time to time as a result of ongoing technical and legal changes. We therefore ask the user of our website to review these terms and conditions before each use and to take note of changes and / or updates. If you have any questions about privacy or information about the data stored at Flying Eze about you, please contact admin@lastparagon.com.

So that you can orient yourself quickly in our conditions of use, here is the exact overview:

  • I General provisions
    • Scope of the Terms of Use, subject to change
    • Delivery conditions
    • Rights to content
    • Products and services of third parties
    • Liability and limitation of liability
    • data protection
    • Disclosure of information
    • Note on out-of-court dispute resolution
    • Severability clause
  • II Special provisions for registered users (“Community Guidelines”)
    • How important are the Community Guidelines?
    • How do I register?
    • Which tone of speech applies in the community (netiquette)?
    • Which community content is banned?
    • What do I do if I notice inappropriate content?
    • What rights do I grant Flying Eze to my content?
    • When does my membership end?
    • What happens if I break the guidelines?
    • How can these community policies be changed?

I General provisions

1. Scope of the Terms of Use, subject to change

These Terms of Use apply to all content and services provided by Flying Eze within the Flying Eze websites. For non-registered users, these Terms of Use shall apply in the current version when the Usage Act is performed.

2. Delivery conditions

2.1 The mere provision of free content for retrieval and the corresponding retrieval by the user shall not constitute a contractual relationship between Flying Eze and the respective user.

2.2 Flying Eze will always endeavor to ensure the orderly operation of the offers, but is not responsible for the uninterrupted usability or accessibility of the offers. This applies in particular to technical delays, interruptions or breakdowns of offers, the Internet or access to the Internet.

2.3 Flying Eze reserves the right to change parts of the offers or individual or all offers as a whole without prior notice or to cease publication temporarily or permanently. Claims do not arise for users from this.

3. Rights to content

3.1 Rights to Content Provided on the Website

This website contains content created by Flying Eze as well as by partners and users. The entire material published on the website, in particular text, photos, graphics, images, logos, sound and video clips, is subject to applicable legal protection, in particular trademark, copyright, ancillary copyright and competition law. Reproduction, public communication or any other use or exploitation of such protected content is generally prohibited without the consent of the respective copyright holder.

3.2 Rights to the Content of the Users

Regarding the rights to the content that users upload to the Site, see the rules in the Community Guidelines under What Rights Do I Provide Flying Eze with My Content?

4. Products and services of third parties

Unless explicitly stated, Flying Eze does not sell or license any products or services that are rated or promoted on the Site. The correspondence and the contractual relationship of the users with third parties, including the payment transaction and the delivery of goods, takes place in these cases exclusively between the user and the third party.

5. Liability and limitation of liability

5.1 Liability for content made available on demand

Flying Eze is – as far as this results from the imprint of the respective offer – service providers within the meaning of § 7 Abs.1 of the German Telemedia Act (hereinafter “TMG”) and for their own content, which are retrievable within the respective offer , responsible under the general laws. Flying Eze makes no warranty as to the results that can be obtained by using the Offers or the accuracy and reliability of the information or applications available through the Offers.

5.2 Liability for third-party and linked content

Flying Eze is not obligated under the statutory provisions of §§ 8 to 10 TMG and is also unable to comprehensively examine, monitor and / or evaluate the legality of the content uploaded or published by users research that indicates unlawful activity. The same applies if and as far as the offers of Flying Eze on third-party websites linked or referenced. Flying Eze does not endorse the content uploaded or published by users, or the content linked to it by third parties. Flying Eze does not warrant that this content is lawful, accurate, current and / or complete. It is not liable for any damage caused by or due to the use of this content.

5.3 Notification of infringing third-party or linked content

If Flying Eze receives evidence of breaches of the law or infringements by third-party or linked content, Flying Eze will check and, if necessary, block such content as far as Flying Eze is obliged to do so. Flying Eze is liable for third-party content within the meaning of §§ 8 to 10 TMG at the earliest from the moment of acquiring the knowledge of a concrete, clearly recognizable infringement.

5.4 General limitation of liability

Flying Eze is liable for contractual or non-contractual claims only for damages through intentional or grossly negligent actions. Flying Eze shall only be liable for slight negligence if Flying Eze has breached a contractual obligation essential to the achievement of the purpose of the contract; In this case, the liability is limited to the damage foreseeable at the time of the conclusion of the contract. The above limitations of liability shall not apply in the event of injury to life, limb or health, within the scope of the Product Liability Act and in the event of explicit warranties.

5.5 Additional Limitation of Liability for Data

Losses If a user loses personal data due to, for example, a download (eg PDF download), Flying Eze shall be liable in accordance with this clause 5 and only if such loss could not have been avoided by adequate data backup measures on the part of the user. The scope of liability of Flying Eze is limited to the effort that usually arises for the restoration of the data.

5.6 vicarious agents and legal representatives

The above liability regulations shall apply mutatis mutandis to the liability of Flying Eze in case of breach of duty by its legal representatives, employees or vicarious agents.

6. Privacy

We take the protection of your data very seriously. Flying Eze will not pass on the personal data we receive from you (eg registration), in particular without authorization, to third parties or otherwise inform third parties. For details of how users process their data, please refer to the Flying Eze Privacy Policy .

7. Disclosure of information

Flying Eze may divulge existing information from and about users to third parties, such as right-holders, data subjects, authorities, to the extent required by law or as may reasonably be required and permitted by law to comply with legal requirements or judicial or regulatory orders.

8. Note on out-of-court dispute resolution

According to § 36 VSBG, Flying Eze GmbH points out that it is neither willing nor obliged to participate in a dispute resolution procedure before a consumer arbitration board.

9. Sever-ability clause

9.1 As far as legally permissible, the exclusive place of jurisdiction for all disputes is Munich.

9.2 Place of performance is Munich.

9.3 The law of the Federal Republic of Germany applies.

9.4 Should individual provisions of these Terms of Use be or become ineffective, this will not affect the validity of the remaining provisions.

9.5 Additional agreements, changes and additions must be made in writing.

II Special provisions for registered users (“Community Guidelines”)

1. What is the meaning of Community Guidelines?

We welcome our registered users to the community section of the Flying Eze website (hereafter referred to as the “Flying Eze Community”). Our community area, like the entire Internet, is not a legal vacuum. For the Community section, in addition to the General Terms, the following Community Terms of Use (“Community Guidelines”) apply. The community areas are places for the exchange of opinions and experiences of our users. Among other things, you have the opportunity to discuss content with other users, to ask questions about products and to answer these questions. Before you can use the offer in the community sections, you need to register. By signing up, you agree to comply with the following Community Guidelines.

2. How do I register?

2.1 Registration

The user has to register before using certain offers on the website. Every user may only register once and create only one user profile. Unless otherwise stipulated for individual areas, registrations may only be performed by legally competent persons or persons acting with the consent of their legal representatives. A claim to registration does not exist; it can not be solicited, demanded, or otherwise enforced in any form.

2.2 User data, user profile, password

Each user undertakes to provide correct information as part of his registration and not to violate the rights of third parties. Such a violation would be, among other things, if you would use personal information or other data of third parties, such as their name or profile picture, without consent. Usernames containing internet addresses or e-mail addresses are not allowed. The rules on which community content are prohibitedmoreover, they are also used for user data. When logging in, the user selects a password. The user is obliged to keep his password secret, disclosure to third parties is not permitted. The user is solely responsible for all actions carried out under his name. Registered users can change their data in the user profile (with the exception of the user name) at any time.

2.3 Blocking, new registration

Flying Eze reserves the right to modify the information in the profile or to completely block the user in case of violations of the terms of use. If a Flying Eze user has been banned from joining the community, you will not be able to sign in under a new name. Re-access to our offer requires our prior written consent.

3. What is the tone in the community (netiquette)?

In the Flying Eze community, the rules of good and respectful interaction between users apply. For all your statements, be the netiquette that applies to communities and newsgroups. Treat other community users the way you want to be treated. Always remember that you are dealing with people and not with virtual personalities. Everyone has the right to their own opinion. Never try to impose your opinion on others. Support new members in the community so they can quickly integrate and find their way around.

4. Which community content is prohibited?

No user may disregard legal requirements, violate third-party rights, or violate these Terms of Use with content made available to others through the Site. In particular, the following content may not be posted by users in the community area:

4.1 Inadmissible content and content that violates the rights of third parties

Content that violates applicable laws or otherwise contains illegal content is prohibited. Likewise, content is prohibited that is harmful, threatening, abusive, harassing, defamatory, discriminatory, sexist, pornographic, violent, racist, or otherwise harmful to minors. Content that conveys information about illegal activities is also prohibited. Content that violates the rights of third parties, in particular patents, trademarks, copyright or ancillary copyrights, trade secrets, personal rights or property rights, may not be posted on the websites. The publication of personal data of third parties or e-mails of third parties without the explicit consent of the sender is not permitted. Specifically, it is important to

4.2 Untruthful and business-damaging content

Content which disseminates untrue or inadmissible damaging facts about a natural or legal person or a company is not permitted. Undocumented calls to the community, for example, in a way that harms a company, such as boycott calls, are badly damaging to business. Terms such as fraud or deceit for the designation of a company or a person are therefore to be omitted. If you are critical of other people or companies in the community, always be objective and justify your view based on facts. Criticism without substantive reasons has to be avoided.

4.3 Advertising or other commercial content

Content that offers goods or services or serves other advertising or commercial purposes is not permitted. This also applies to private individuals. The prohibition includes content with job offers, content with a “Referrer ID” or “Affiliate ID” or so-called “pyramid games” and “pyramid schemes”. For the sake of clarity, it should be noted that the ban on commercial content also includes usernames and images. Exempted from this are company profiles approved by Flying Eze.

4.4 Content with Viruses and Deep Links

Contents that contain viruses or other information, files or programs designed or intended to disrupt, destroy or limit the operation of any software or hardware or telecommunications devices are prohibited. Deep links that lead directly to a download or a file are prohibited.

4.5 Content with Signatures

Attaching signatures to community content is prohibited.

4.6 Spamming

Threads created in duplicate, content with meaningless content, or posts that are not conducive to discussion are considered spam and are not allowed.

5. What do I do if I notice an improper content?

If other users do not follow the community guidelines, please kindly inform them and inform the moderators or administrators by e-mail.

6. What rights do I grant Flying Eze to my content?

6.1 Transfer of rights

By uploading texts, images, screenshots or other content (hereinafter “Content”) on the Websites, you give Flying Eze the right to store the content for an indefinite period of time, making it available for retrieval within the Flying Eze websites to translate them, to offer for saving and printing as well as to edit. For example, we reserve the right to edit your content, for example, to improve spelling mistakes, to obscure illegal posts or to insert formatting for readability. Corresponding changes are always identified. If you have posted pictures in the community area and would like to have them deleted, you have the option and the right to send us an email to community@lastparagon.com inform. Within the respective offer, the contents can also be editorially presented, highlighted and evaluated. Furthermore, we reserve the right not to display content on the website or to close or delete it for a limited period of time even without stating a reason.

6.2 No exclusive transfer of rights

The transfer of rights mentioned in section 6.1 is expressly non-exclusive. This means: As the author of your content, you yourself are of course entitled to continue to use the content you have posted.

6.3 Responsibility of the user for his content

Under all circumstances, make sure that you have the necessary rights to lawfully post your content on our websites. The responsibility for this lies solely with you. As a rule, you only have the necessary rights if you have created the content yourself or obtained the consent of the copyright holder. This is especially true for images you have set. In addition, if people are depicted on the footage, you must ensure that you have the consent of the people depicted. Carefully review your own submissions before publication in the community, including information that is not intended for the public. A claim for subsequent deletion or correction of such entries does not exist.

7. When does my membership end?

7.1 Termination by the User

You can terminate your membership by e-mail at any time without notice and have your membership account deleted from Flying Eze. However, the content you authorize will remain anonymous and will not be deleted.

7.2 Termination by Flying Eze

Flying Eze is pleased about every active user, but reserves the right to properly terminate the registration or the contractual relationship, for example, upon termination of the offer, without stating reasons, with a notice period of four weeks. The right to extraordinary and immediate termination for cause, including in the case of significant or repeated violations of the Community Guidelines, remains unaffected.

8. What happens if I break the guidelines?

8.1 Sanctions

In the event of violations of the Terms of Use, Flying Eze may restrict, edit or delete content or information provided by the user or otherwise attributed to him without giving any reason. Furthermore, Flying Eze may temporarily or permanently exclude the user from using the offer.

8.2 Decision sovereignty of Flying Eze

The decision sovereignty which contents or behaviors offend against the terms of use and how it is to react, lies with Flying Eze and their representatives. In that regard, the decision of Flying Eze or the respective moderator or administrator for the user is binding.

8.3 Liability of

The User In the event of a culpable violation of these Terms of Use, the user is liable to Flying Eze for all direct and indirect damages, including financial losses, arising therefrom. The user indemnifies Flying Eze in the event of a breach of community guidelines from any third-party claims asserted against Flying Eze, its legal representatives and / or vicarious agents as a result of this breach. In particular, in the event that this infringement leads to legal proceedings, this also includes appropriate legal fees and court costs. All other claims are reserved.

9. How can these community policies be changed?

For registered users, these terms of use apply in the version prevailing at the time of registration. However, Flying Eze reserves the right to change or supplement these Terms of Use with effect to registered users, subject to reasonable notice. If a user does not object within four weeks of being notified of the change by email or log-in, then this is deemed to be the user’s consent and the amended terms of service become effective at this time. If the user objects in due time, Flying Eze is entitled to properly terminate the contractual relationship with the respective user.

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Last version of these terms of use statement: June 2019