Terms of Use
Terms of Use Team NUTRILITE™ Online Community
1. Scope
The conditions for use apply to the use of the services, which are made available on www.neue-teamnutrilite-community.eu and www.teamnutrilite-community.eu. In addition, the respective actual Amway business terms and guidelines apply to Amway business partners and members. You can find these on www.amway.de (for business partners from Germany), www.amway.at (for business partners from Austria) or www.amway.ch (for business partners from Switzerland) (under the heading “Legal information”).
2. Terms/object of contract – description of the services / of the offer
- "Site operator": Amway GmbH, Germany
- "User": All interested parties who are invited into the Community by the site operator; users, who register in the Community, are "members".
- Events in the Team NUTRILITE Community are events which in the broadest sense concern a healthy, balanced lifestyle and sporting activity. An event can be organized both by a member as well as by Amway. Events, which are organized by Amway (Amway Events), are especially marked as such. They are entered by the Community Manager and described as “official Amway Team NUTRILITE Event”.
1 The object of the events is not the sale of Amway products, the sale or the advertising of BSM, nor the presentation of the Amway business opportunity.
Events within the meaning of the Team NUTRILITE Community are for example:- Social meetings at which only members of the Team NUTRILITE Community meet;
- Meetings and events at which the focus is placed on the healthy, balanced lifestyle;
- The number of participants at an event is not stipulated, can however be stipulated by each event organizer;
- An event can take place regularly, however also one-time;
- An event can be organized by a member himself, however also be associated with an event, which is organized completely by other organizers.
3. Changes to the site/the functionalities
Amway reserves all rights to the design and contents of the website. Moreover, Amway is not obliged to make the offer of the website available constantly. Amway further reserves the right to change, block or also completely discontinue this website in full or in part at all times.
4. Change to the conditions for use
Amway reserves the right to occasionally update the conditions for use if required. Therefore, please view the respective actual version of the conditions for use which can be called here before each use. The members of the site are explicitly informed of changes to the conditions for use when the website is called. The members of the Community will moreover be informed in time by e-mail of important changes. Amway can make necessary changes without prior notification in order to correct discrepancies, spelling and printing mistakes.
5. Registration in the Team NUTRILITE Online Community – rights and duties of the member
In order to be able to use the offer of www.neue-teamnutrilite-community.eu und www.teamnutrilite-community.eu the member has to be at least 18 years old and have full capacity to enter into legal transactions at the time of the registration. The personal mandatory details at the registration must be provided truthfully. It is not permitted to register more than one profile in the Team NUTRILITE Online Community. If one member decides to enter a profile photo he undertakes to exclusively use a photo that shows the member himself (also in extracts) and is not older than two years. It is not permitted to use photos of third parties, in particular of famous people, corporate logos or fantasy and comic characters. Within the framework of the registration the member has to approve both these conditions for use as well as the Amway data protection declaration. Amway reserves the right to refuse registrations without stating any reasons. After the successful registration the member is entitled to use the site offer as described in point 7 of these conditions for use and to organize and participate in events, as presented in point 8. In addition, members can communicate with other Community members via the member profiles. On the "Event Profile" there is the possibility to track the progress of an event organization or to upload and/or to view contents relating to this event after the completion of the event. Members have to store the access data for their profile confidentially, e.g. not to make the password available to a third party. The instructions of the Community Manager or the administrative team of the Team NUTRILITE Online Community are to be followed.
6. Deactivation of the profile/termination of the membership
A member can terminate his membership in a text form or deactivate his profile at all times. In this case his profile will no longer be shown on the platform, can no longer be found or contacted by other members and all contents, which have this profile as a sender, will be anonymized. Moreover, the member can have his account deleted without stating any reasons. A simple notification via the "Contact" link in the lower area of the site is sufficient in this respect. With the membership all contents, which the member has uploaded on www.neue-teamnutrilite-community.eu and www.teamnutrilite-community.eu, will be automatically deleted. Amway reserves the right to terminate the membership in this Community if
- (1) a member breaches the conditions for use (see Point 8) or
- (2) if an Amway business partner terminates or does not extend his Amway business and also has no Member Status.
This termination of the membership on www.neue-teamnutrilite-community.eu and www.teamnutrilite-community.eu can also be pronounced without observing a period of notice. Should a member have been prohibited from using the website and the membership have been ended he can not register a new Account again at any time, not even by using another name.
7. Use of the contents
Members of the Community are responsible for ensuring that they have the necessary licenses, rights and permits with regard to the contents, which are necessary for placing these on the website. The member guarantees that he will not upload any contents on the site for which he does not hold the rights of use. All elements and contents of the website, which are entered by other members of the Community, may only be reproduced, distributed or otherwise played back or exploited in public based on the consent of the respective member as holder of the rights. A member, who would like to use such contents, is responsible for independently obtaining this consent. All elements and contents of the website, which are entered by Amway, may only be reproduced, distributed or otherwise played back or exploited in public based on a previously granted written consent of Amway. The photos and videos published by Amway on www.neue-teamnutrilite-community.eu and www.teamnutrilite-community.eu may only be used with the explicit previously granted written consent of Amway. The business partner and members/special members of Amway Germany, Austria and Switzerland may download, store and print unchanged the information published by Amway on the website insofar as this is carried out for the use within the framework of the Amway business partner activity/in its status as member. Attention is to be paid to the actuality of the information. References to the safeguarding of rights may not be removed or changed. The right of use ends with the termination of the business partner/member contract without this requiring a separate termination. In this case all stored/printed materials are to be deleted or destroyed insofar as these are not further required for legal reasons and for reasons of the functional capability of the site and its contextual connections. The name "Amway", the Amway logo, all business and product designations, logos and graphics on the website, are protected for Alticor. Inc. (Ada, Michigan, USA), Amway or its affiliated companies insofar as not otherwise noted. So that contents can be made available in the Community the member grants a non-exclusive, transferrable, free, worldwide license, for which sub-licenses can be granted, for the use by Amway (“IP-License”). This IP license shall end if the contents or the account are deleted. Amway may use these contents for advertising the site both on the site as well as outside of the site. Amway may only use the contents commercially after agreement with the originator of the contents. Amway reserves the right to change, shift and completely delete contents, which were entered by members, in particular if they breach the duties of the member as listed in point 5 or represent an abuse of the site.
8. Participation in an event
Each member is entitled to register for an event that is announced via the Team NUTRILITE Online Community. However, the members have no claim for participation in an event, this applies in particular if an event organizer limits the participation by a maximum number of participants. Whether a member can also bring guests to an event, is oriented to the participation conditions of the respective event. The registration for an event is binding. Should a member not be certain whether he can also take part in a certain event it is recommended to register with the “maybe” option. The terms and conditions of the respective organizers apply to the individual events. Should an event have been subject to a participation fee by the organizer the member is obliged to accept this with the registration and to properly pay it to the organizer. A member can change his participation status in an event at all times.
9. Special obligations of the event organizer
The registration of an event in the Team NUTRILITE Online Community by the event organizer is binding. A binding registered event should not be canceled lightly, but merely in cases of force majeure and for the prevention of possible risks for the participants, etc. Such a cancelation is to be substantiated for the members of the Community in writing. The event organizer may only use personal data of the participating members for carrying out the event. It may not collect, store the data or use these for commercial purposes; this applies both on the platform as well as during the event. The organizer guarantees that it does not use the event organized by it in order:
- to advertise or to sell NUTRILITE™ or other Amway products,
- to present, otherwise advertise for the Amway business opportunity, or to win new Amway business partners in any other manner.
10. Liability / liability exclusion
Members of the Community are solely responsible for the contents and photos and the possible consequences of the publication, which are published in their name on the Team NUTRILITE Online Community, and shall indemnify Amway within the framework of that which is legally possible owing to possible claims with regard to their acts and the own contents on Team NUTRILITE Online Community. This includes all claims for damages, losses and thus associated expenses. Incidentally, the liability of Amway, its legal representatives and vicarious agents from breaches of duties and offences is limited to willful intent and gross negligence. In case of attributable physical injuries and health damages as well as with the loss of life of the user Amway, the legal representatives and vicarious agents shall also be liable in case of slight negligence. Amway shall be exclusively liable for breaches of duty at events which were committed by Amway itself or a legal representative to the extent as presented above. Amway shall not be liable with damages which have been suffered by the use of the site offer between two members. In particular Amway cannot guarantee the accuracy of the details in the member profiles and the event profiles. Amway shall not be liable for damages which are suffered in connection with the events, which were caused by third parties by using the software used in the Team NUTRILITE Online Community, in particular also not if:
- they do not keep what they promise
- they are immoral or unlawful
- they are marked by fraudulent intentions
Third parties within the meaning of this regulation are organizers of non-Amway events.
Please note: Team NUTRILITE Events, which are organized by employees of Amway GmbH, Amway Services GmbH, Amway Ges.m.b.H., Amway Schweiz AG and the thus associated companies in own name are not Amway Events. Amway Events will be especially marked as such; they bear the supplement "official Amway Team NUTRILITE Event" in the title.
11. Abuse of www.neue-teamnutrilite-community.eu and www.teamnutrilite-community.eu
It is always deemed an abuse of the site if the functioning of the website is impaired or disturbed and in particular if a member breaches one of the following points:
- Upload of unlawful or immoral contents or
- Manipulation or damage to the software used on Team NUTRILITE Online Community or
- Illicit use of the used software (e.g. hacking) or
- Spamming, i.e. the sending of non-approved advertising to other members, in particular the sending of advertising mails via the Team NUTRILITE Online Community message system, albeit automatically or “manually” and the posting of such contents on the site or
- The searching and storage of the data, which are stored on the site, without using the search function of the site for this purpose – in particular by using automated systems (Crawling Bots), or
- Use of the website offer for commercial purposes, in particular for the sale of Amway products or so-called Business Support Materials (BSM), or
- Advertising of the Amway business opportunity in word, writing or any other medium that is used within the website offer or
- Use of the website as a platform in order to make any statements about food supplements in medical and/or therapeutic connections; this applies in particular to statements concerning NUTRILITE™, or
- Upload of contents which could damage the good reputation of Amway or Team NUTRILITE Online Community.
Should a member determine that there is such an abuse he can contact the Community Manager. For this purpose the member can forward such a breach via the link with the same name “report breach” to the Community Manager. A click on the link is sufficient in this respect in order to send a corresponding message. These abuses can lead to the measures presented in the following point.
12. Breach of the conditions for use – possible measures
With a breach of these conditions for use, in particular with use of the website or individual elements of the website not as intended as described in Point 11 Amway can take the following measures:
- Removal of individual photos and messages without notifying the member or
- Restriction of the access to the website or
- Warning of the member or
- Full termination of the membership in particular if the member repeatedly breaches these conditions for use or disturbs the social peace within the Community.
In the event of a ban on use the profile of the member will be blocked, not deleted; the contents uploaded by him, insofar as they do not breach these provisions for use, will be left on the site; however the creatorship of these contents can no longer be understood. Should a member have been prohibited from using the website he may not create a new Account under another name.
13. Data use/data protection
The security of the member data is the prime priority for Amway. We treat all personal data, which you hand over to us within the framework of using this website, according to the Amway data protection declaration. Data entered within the framework of the use must be correct, complete and up-to-date. In case of justified suspicion that incorrect details were provided the access to the website can be restricted or blocked. Amway can use the data in order to have messages sent to members of the Community by e-mail, postings on the website.
14. Links
Links to other websites "Links" concern “dynamic” references. With the link for the first time the third party content was examined to the extent whether a possible responsibility under civil law is triggered off by it. The contents to which the www.neue-teamnutrilite-community.eu and www.teamnutrilite-community.eu refer are not constantly examined for changes which could newly establish a responsibility. If determined or if it is pointed out by others that a concrete offer, for which a link was provided, triggers off a responsibility under civil or criminal law, this link will be revoked immediately. Links to www.neue-teamnutrilite-community.eu and www.teamnutrilite-community.eu The linking of other websites on www.neue-teamnutrilite-community.eu and www.teamnutrilite-community.eu requires the explicit previously granted written consent of Amway.
15. Place of jurisdiction
Choice of law and place of jurisdiction The law of the Federal Republic of Germany shall apply exclusively to the use of www.neue-teamnutrilite-community.eu und www.teamnutrilite-community.eu and disputes with regard to these conditions for use. Insofar as permitted by law Munich is agreed as exclusive place of jurisdiction for disputes from or in connection with the use of www.neue-teamnutrilite-community.eu and www.teamnutrilite-community.eu and these conditions for use.
16. Severability – escape clause
Should one of the provisions become invalid this shall be deemed as changed or deleted to the necessary extent. Insofar as the provisions should be invalid the contents of the conditions for use shall be oriented according to the statutory regulations. Incidentally the conditions for use shall remain
Date of Terms of Use: August, 26th 2010
