Terms & Conditions

[German Version]

Terms of service for using the internet platform, apps and any other product by

Pengsquare UG (haftungsbeschränkt)
In der Heide 32
15864 Wendisch Rietz 

represented by the chief executive officer Christin Penz.

1. Scope of these Terms and Conditions

The following terms and conditions govern the use of the service provided under pengsquare.com by the Pengsquare UG (haftungsbeschränkt), hereinafter referred to as Pengsquare.

2. Description of Services

Pengsquare is an online exchange and market platform for digital content. On the platform you can register and share own digital content, such as photos, videos, animations or audio formats. In addtion, this content can be exchanged/swapped or offered for sale. Digital content in the context of Pengquare is ‘data which are produced and supplied in digital form’ (§ 312f Abs.3 BGB n.F.)

Pengsquare, as a platform is merely a sales and exchange platform and is not the contractor for deals concluded between the users. When a user purchases content, whether through the sale or trade, the contract is only closed between the participating users.

These terms and conditions govern the conclusion of the users agreement and the use of the online platform to its fullest extent – exchange and sale deals, galleries, content and other services that Pengsquare provides within this framework. If you do not accept our terms and conditions, you may not use the Pengsquare platform.
In addition to these conditions, also our Privacy Policy and Pengsquare License Notice apply.

3. Warranty Disclaimer

Pengsquare does not guarantee that the platform meets the expectations of users. Pengsquare strives for continuous usability and improvement of the platform. But this can not be guaranteed, if possible, information is provided on specific availability. Generallym Pengsquare strives to conduct maintenance and in periods of low usage, and to announce when prolonged previously. However, there arises no obligation whatsoever to do so. A certain accessibility of Pengsquare.com is not guaranteed.

4. Registration of Users

With the registration on the Pengsquare platform, the user recognizes and accepts the terms and conditions as presented. Only natural persons can sign up with Pengsquare at the moment. There is no legal right to become a member of Pengsquare. The users are obliged to keep their user data up to date. 

Viewing galleries is possible on Pengsquare without registration. For any other functions (for example, exchange, buy and sell, news or offers), people are required to register as a user with pengsquare.com.

When registering, the user must enter his or her e-mail address, a user name, password and date of birth. The user guarantees that the personal data provided is truthful and complete. There is no entitlement to a specific username or password. The user has to keep the login data are obliged to prevent misuse by unauthorized third parties. 

By sending the registration data (e-mail, user name, password and date of birth) by pressing the “Sign Up” button, the applicant acknowledges the General Terms and Conditions, the Privacy Policy and the copyright regulations of Pengsquare. After sending the registration, the person receives an e-mail from Pengsquare at its specified email address. The license agreement and the registration is completed, by opening the specified link in the validation email. The data indicative of the user can always be changed in the Settings. The user name can not be changed 

4.1 Personal Data of Users

Pengsquare stores the agreed contractual terms and each user receives an e-mail with a link to these on sign-up. Users should store and print this information permanently.

To use Pengsquare to its full extend, it is recommended to complete your own profile. This includes finalizing the profile with first and last names and your postal address. The user is obliged to make this information fully and truthfully. Furthermore, the user shall enter the basic gallery data (name, description, profile picture and about information)

If the user wants to use the selling and/or buying features of the platform, the user must first specify appropriate payment data. Currently, Pengsquare only offers Stripe as a valid payment service. Connecting a Pengsquare account to Stripe is optional.

Welche Daten der Nutzer veröffentlich werden, nicht veröffentlicht werden oder freiwillig sind, ist in der Datenschutzerklärung festgehalten. Es kann allerdings nicht ausgeschlossen werden, dass Nutzer falsche Angaben machen und damit gefälschte Identitäten angeben. Which user data is published, or not published or are voluntary, is retained in the Privacy Policy. However, Pengsquare does not valid users names or addresses. Hence, Pengsquare cannot eliminate false statements or false identities.

4.2 Minors

Natural persons must be at least 13 years old to be users on Pengsquare. For non-adult users, only limited usages of the platform are possible. This means that although such users can create a profile and can share content they are not allowed to buy or sell content. In addition, “not safe for work”-content only be viewed by adult users (over 18 years of age).

5. Realization of Contract between Users

When a user makes an offer, whether for swap or purchase, this is regarded a non-binding offer. The provider is responsible for product descriptions. I a non-binding offer was received, the receiver can meet with the offer or make another suggestion. If the two users have agreed on the offer and/or the price of the contract is effectly binding. Upon conclusion of the total price is passed through Stripe paid by the buyer to the seller. Pengsquare does not earn a mendatory commission. However, a voluntary donation to Pengsquare is possible by the seller, which is then deducted automatically from the total price . 

Incidental charges of the payment service are to be paid by the content sell herself. The general terms and conditions of Stripe are available at https://stripe.com/de/terms.

With the successful payment the digital good is transferred into the possession of the buyer and automatically assigned to her gallery. Pengsquare does not grant any guarantees with respect to the quality of the good. Any offering does not constitute a contract with Pengsquare, only between the participating users.

All users agree that content offered through Pengsquare is solely subject to Pengsquare license and its conditions (see Details).

6. Fees

The registered users of Pengsquare shall free Pengsquare of any claims asserted by third parties against Pengsquare because of a legal breach of duty of the member. Unless that member is not responsible for the breach of duty . This includes in particular the right or non-contractual setting of articles, reviews or forum posts. To report are reasonable costs of legal defense (in particular legal fees) which Pengsquare caused by the misconduct of a member demonstrably.

6.1. Donations

Every user can donate to Pengsquare. Users do not receive a donation receipt, since Pengsquare UG (haftungsbeschränkt) is not a charitable or non-profit organization. 

7. Obligations of Users

All users are obliged to use the platform lawfully and under the terms and conditions. Users are responsible for all content published on their profile content (for example gallery, offers, messages). Pengsquare does not control the content posted by virtue of their mass.

Users agree to when using the platform, to not violate the rights of others and/or personality rights. In addition users agree to not to violate existing law, especially copyright, patent, trademark law. License and/or naming rights of third parties are not to be violated by users.

When performing the upload, users gurantee that they possess all rights to show the contents in their gallery and for offering and selling or exchanging this content.

The members are obliged to pay attention to the rules and laws of their own country, from where they make their offer.

7.1 . Principles (General Views)

It is very important to Pengsquare that users are within the bounds of general notions. Users shall not disseminate racist, sexist, chauvinist, anti-Semitic, homophobic views. Likewise, the user must not provide any data that contains a virus, to send chain letters or so-called spam e-mails or spam messages.

7.2 . Termination of Membership

In principle, the this usage contract is for an indefinite period, with a notice period of 7 days. If the user wishes to terminate its contract, they should send a written notice of termination to Pengsquare via e-mail (mail@pengsquare.com). 

Pengsquare is entitled to block the account of a user or content in the gallery of that user, comments or any other content without giving reasons and without observance of periods. This is especially true when content is contrary to the principles set out in sections 7 and 7.1. If a user has been terminated by Pengsquare, to re-register at Pengsquare is explicitely prohibited.

8. Copyright Infringement and violation of the Terms of Service

If violations of copyright or the terms and conditions are detected, the user can report such violations to Pengsquare (link in the footer section).

9. Limitation of Liability

Pengsquare assumes no liability for damages arising from the use of the platform. Pengsquare does not guarantee the functionality of the exchange and sales platform. In addition, there is no guarantee regarding accuracy, suitability, reliability or accuracy of any information on the platform, even if they are spread by users.

Pengsquare is not liable for the loss of data by users or unauthorized access to personal data of users by third parties. Pengsquare is not liable for content, activities and links (for example, comments, gallery, descriptions, links) of users. Pengsquare is not obliged to illegal content to search or monitor information.

Pengsquare is not liable for any malfunctions. Liability for a non-existent availability of the platform is excluded. Specifically Pengsquare is not liable if content cannot be adjusted or a contract cannot be closed because the availability of the platform is not given.

Pengsquare is not liable when content that has been set by users, be misused by third parties.

Our contractual and non-contractual liability is limited to intent and gross negligence if it is not the violation of a contractual obligation or injury to life, limb or health. The same applies to the liability of our agents.

10. Indemnification

Every user is obliged to indemnify Pengsquare from any liability. The user shall also indemnify Pengsquare from all third party claims that by law, regulation or breach of duty (in particular legal setting and non-conforming content) of the user arise. This includes all obligations, expenses and claims arising from damages for libel, violation of personal rights, defamation, loss of services to users, violation of other rights. All costs incurred by Pengsquare through adequate legal defense and prosecution to third parties, are the user’s responsibility.

11. Data and Third Parties

The user accepts that when a transfer of data is done via the Internet, a third party might without permission obtain knowledge of this information. 

12. Contact

Mittellungen von Pengsquare an die Nutzer erfolgen ausschließlich per E-Mail. Der Nutzer ist damit einverstanden, dass er über neue Angebote und Änderungen von Pengsquare jederzeit per E-mail und innerhalb der Plattform informiert werden kann. Mitteilungen der Nutzer und anderer an Pengsquare, müssen per E-mail (mail@pengsquare.com) oder postalisch (siehe Impressum) erfolgen. Messages from Pengsquare to the user are made exclusively by email. The user agrees that he can be informed about new offers and changes of Pengsquare any time by e-mail and within the platform. Messages from users and others to Pengsquare, must be made by e-mail (mail@pengsquare.com) or via physical mail (see contacts).

13. Changes to Terms of Service

Subsequent changes or additions are automatically part of the contract. Users are informed of such changes and additions by email. If the user contradicts these changes within 4 weeks in writing (by e-mail or by physical mail), it will automatically take effect. If a user contradicts these changes, the utilization rate is automatically completed within 7 days.

14. Backing up Data

Pengsquare endeavors to secure stored data of users sufficiently. If there is still a loss of data, Pengsquare will try to state before losing again to manufacture, but this is neither guaranteed, nor is Pengsquare liable for not doing so.

15. Final Provisions

The current versions and all other versions of these Terms of Service can be found on the Pengsquare platform. For the purpose of fulfilling the contract, Pengsquare can also so-called third parties as vicarious agents.

15.1. Severability

If any provision of these terms and conditions are invalid, the validity of the remaining provisions will not be affected. This is true even if within a control part, but another part is ineffective effectively. The respective inoperative provision shall be replaced by the parties by a regulation that comes as the economic interests of the Parties to the next and does not run the other contractual agreements contrary.

15.2. Jurisdiction

Only the law of the Federal Republic of Germany applies for Pengsquare UG (haftungsbeschränkt). This also applies for the registration of users from other countries.

Jurisdiction for all disputes from the contractual relationship between the user and Pengsquare is the seat of Pengsquare UG (haftungsbeschränkt), insofar as it concerns the customer is a merchant, a legal entity under public law or a public sector fund. Also the seat of Pengsquare UG applies (with limited liability) as a place of jurisdiction if the place of residence of the member is unknown or has a domicile abroad (by contract).

End of Terms Date: March 2016