Terms Of Use

General Terms and Conditions for the Private Use of Home Exchange Services at www.JewettStreet.com

www.JewettStreet.com is operated by

Ursula Godwin Niesmann
Mitterfeld 4 a
82327 Tutzing
phone/fax +49 8158 997842
mail to: ugodwin_niesmann(at)JewettStreet.com

(hereafter referred to as the Operator).

§ 1
Scope of Application

The operator will permit use of the services provided in different languages at www.JewettStreet.com and other domains of the identical name solely based on the General Terms of Use defined in this document. Any general terms and conditions of a User divergent from those outlined in this document are not accepted and will be repudiated.

§ 2
Portal and Database for Home Exchange Objects

1. At www.JewettStreet.com, a portal and database is operated to permit search for and offer of home exchange objects for private use. This is designed to give Users worldwide the opportunity to exchange their homes or condominiums for private use within a given timeframe. To do that, they are offered the possibility to post their home exchange objects in the operator’s database and research other objects.

2. Any offer at www.JewettStreet.com is based on the information entered by the User for the sole purpose of creating a meeting-point for Users interested in a home exchange.

3. Any agreements regarding a home exchange will be arranged exclusively between the Users.

§ 3
Registration/Adoption of Permission for Use Contract

3.1 Registration as a User is a precondition for any use of the services offered at www.JewettStreet.com. The contract regarding the use of www.JewettStreet.com is adopted through the User’s registration at the website www.JewettStreet.com. There is no entitlement regarding registration at www.JewettStreet.com. Initial activation of the User Account will only occur upon payment of the agreed compensation.

3.2  Only private individuals may register as Users of the website. The use is permitted for non commercial purposes only. 

3.3 Users agree to provide the information requested during registration in a truthful and complete manner.

3.4 During initial registration at www.JewettStreet.com, Users will enter their e-mail address and select a password. The User may change that password at any given time. Any use of the services offered at www.JewettStreet.com requires personal identification of the User based on his/her e-mail address and password.

3.5 The User Account established through registration is non transferable. 

§ 4
Rights and Obligations of the User

4.1 The User has the right to take advantage of the services provided at www.JewettStreet.com for the purposes defined under § 2. 

4.2 When using the services offered at www.JewettStreet.com, the User has the obligation to observe any applicable laws. It is not permitted to enter any offers whose content is in violation of any statutory rules and regulations. In particular, this includes any offers or requests of commodities or services whose distribution is not permitted by law.

4.3 The User is responsible for the content, accuracy, up to date status, presentation and completeness of his/her offers for exchange and contents thereof. He/she is under obligation to enter any information in a complete and truthful manner.

4.4 Any reproduction, distribution, and public display of data and contents provided at www.JewettStreet.com, or of any part of those data and contents deemed to be material by their nature and extent, is illegal. This also applies to any reproduction, distribution and public display of data and contents deemed not to be material by their nature and extent, if in violation of the typical use defined under § 2.  

4.5 The User is under obligation to maintain confidentiality of the password he/she selected.  He/she also agrees to promptly change the password in case an unauthorized third party is suspected to have acquired knowledge of that password.

4.5 Any personal data of other users obtained by the User in the process of using the website www.JewettStreet.com, in particular addresses, contact information, e-mail addresses, may solely be used without prior consent of the other user for preliminary and/or contract related communications with regard to the home exchange offer. Any other use, in particular for commercial or marketing purposes, is forbidden.

§ 5
Services performed by the Operator

5.1 By entering his/her home exchange offer into the mask provided, the User (in this context, the “Offerer”) commissions the Operator to include his/her home exchange offer in her database. While the Operator is unable to verify the accuracy and completeness of the offer, she reserves the right to refuse acceptance of the offer into the database.

5.2 Upon acceptance of an offer into the Operator’s database, other Users have the opportunity to research the offer with search engines based on various criteria.  It is impossible to research other users’ contact information. Users do not have access to other users’ contact information.

5.3 When interested, Users are able to contact the offerer of a home exchange object by using the notification function at www.JewettStreet.com (“contact user“). The offerer then decides in his/her discretion whether he/she wants to release his/her contact information to an interested user and to enter into negotiations with an interested user regarding the offer. From there, any further steps of the home exchange will occur exclusively between those two Users.

5.4 The Operator will make every effort to provide the services offered at www.JewettStreet.com 24 hours/7 days a week on a daily basis. However, as a complete elimination of technical malfunctions may not be possible; the Operator will only be liable to provide availability of the services or retrieval of offers to the extent customary for similar services. Therefore, no guarantee is given for short-term, minor impairments impacting the availability of the services offered at www.JewettStreet.com or the possibility to retrieve individual entries.

§ 6
Compensation

6.1 Compensation for the use of any services provided by the Operator depends on the current list of applicable prices.

6.2 The invoice amount reported in electronic form is payable in advance. Payment may be made by credit card, payment provider, or transfer.

6.3 Only uncontested and legally valid ascertained claims may be used for setoff against the invoice amount.

§ 7
Duration/Termination of Contract

7.1 The contract may be concluded for a term of one or two years, depending on the User’s choice.

7.2 This does not preclude the possibility of premature termination of the contract for good reason.

§ 8
Measures in Case of Improper Use

8.1 If there is concrete, unbiased evidence of a User violating any statutory regulations and/or these General Terms of Use and/or of infringing the rights of other members in an unlawful manner and in connection with the use of the services offered at www.JewettStreet.com, the Operator will have the right    

a) to delete any current offers of that user;
b) to limit the quantity and/or quality of the possible use of services offered by the Operator at www.JewettStreet.com for that particular User;
c) to temporarily deny that User access to www.JewettStreet.com,
d) to terminate the permission for use contract without notice and permanently deny access to that User.

8.2 The Operator will take into consideration the User’s rightful interests as well as the principle of proportionality when selecting and implementing those measures. The User will be notified of the measure via e-mail.

§ 9
Liability

9.1 The Operator does not assume any liability for the content of any entries made by Users. Therefore, the Operator does not make any representations regarding the up to date status, accuracy and/or completeness of the information contained in the databases that can be retrieved at www.JewettStreet.com.

9.2 The Operator solely provides the platform to search for and locate home exchange offers. Consequently, the Operator will not become a party to the contracts concluded exclusively between Users of that platform. Delivery of the commodities or services offered by the Users is performed solely between the participating Users. Therefore, the Operator does not assume any liability for damages of any kind that may arise from the execution of that contract.  

9.3 In accordance with statutory regulations, the Operator shall be liable for her own wilful and grossly negligent conduct. This applies similarly to her legal representatives and agents, to the extent they are charged with wilful and grossly negligent conduct. For any conduct representing less than gross negligence, the Operator shall only be liable to the extent that any material obligations under the contract have been breached either by the Operator, her legal representative or by any other agents. In that case, the Operator’s liability shall be limited to any damage anticipated by the type of contract.
 The above limitations shall not apply to any injury to someone’s life, person or health.

§ 10
Final Provisions

10.1 Any agreements divergent from these Terms of Use must be in writing or electronic format to become effective.

10.2 The permission of use contract shall be governed by the laws of the Federal Republic of Germany. This shall not affect any divergent compulsory statutory regulations.

10.3 In case of any changes to these General Terms of Use, the Operator agrees to provide Users via e-mail with the amended version at least two weeks before it will come into effect. If the User does not object to the amended General Terms of Use coming into effect within two weeks after receipt of that e-mail, the amended General Terms of Use shall be deemed to be accepted.  In the e-mail with the amended General Terms of Use, the Operator shall have the obligation to specifically point out to Users the significance of omitting any objections within that 2-week period.

10.4 Should any provisions of these General Terms of Use be or become ineffective and/or unenforceable, the remaining provisions of the General Terms of Use will remain in effect.  The ineffective or unenforceable provision is to be replaced by an effective provision as closely as possible within the economic definition of the ineffective or unenforceable provision. 

AGB www.JewettStreet.com
 25.11.2006
AGB_English v1.doc