General Terms and Conditions (GTC)
Preamble
Butterfly Bay is an Innovation Ecosystem aiming to contribute to a peaceful world through the exchange of ideas, the creation of projects and the development of individuals. Every member of the Butterfly Bay Community is willing to further develop his/her abilities and personality. We join forces to have an impact on society and to contribute to a positive change in the world.
The Butterfly Bay Online Community forms the basis for all activities of the Community – online and offline.
1 Goals of the Butterfly Bay Community
1.) To contribute to peace and understanding between people.
2.) To actively accompany technological progress and to develop innovations.
3.) To contribute to the development of humankind’s consciousness.
4.) To promote economic prosperity.
5.) To contribute to humanism in a philosophical sense.
6.) To jointly carry out projects that contribute to the achievement of the goals of Butterfly Bay.
2 Principles of the Butterfly Bay Community
1.) To support each other, to treat each other with respect and not to discriminate against ideas or people.
2.) To acquire knowledge and skills, to strive for mastery and to be open to the new.
3.) To facilitate and encourage discussion and exchange among members.
4.) To follow the primacy of reason, to allow subjective experience and to accept the life path of everyone.
5.) To learn from contrasts and contradictions in the pursuit of a comprehensive understanding of life.
3 Moderation of content
Butterfly Bay GmbH reserves the right to moderate and remove content that is racist, discriminatory, xenophobic or contains calls for criminal acts.
Users who repeatedly post such content may be terminated without notice. A refund of paid membership fees is excluded.
4 Distributive use
Users who want to offer their services can do so in designed areas. These are the Event, Academy and Consulting area of the Online-Community. Additional Business Contracts might be required to use the services.
Beyond that, the use of the community for promotional or sales is prohibited.
5 Membership fees
The user can book one of the following packages:
– Standard pice with a monthly payment of 20,00 Euro,
– Annual price: Karma price; choose your price from 12,00 Euro annually upwards
All prices exclude the applicable value-added tax. Each package includes a free two-week trial.
The packages allow access to all current and future features and functions of the community.
The fees for the respective membership are collected via credit card, PayPal or SEPA direct debit.
If a fee cannot be collected, the User shall bear all resulting costs, such as bank fees in connection with the return of direct debits as well as comparable fees, to the extent that he/she is responsible for the event triggering the costs.
Butterfly Bay GmbH may send invoices and payment reminders to Users electronically.
6 Rights to content
Any use of the services and content offered in the Community, except for the possibilities provided by Butterfly Bay, requires the prior written consent of Butterfly Bay GmbH. The data and/or information provided by the user will only be made available to other users if this data and/or information does not violate legal regulations or these GTC. Butterfly Bay GmbH is entitled to remove illegal content without prior notice.
The user acknowledges that a hundred percent availability of the Butterfly Community cannot be realized technically. Maintenance, security, or capacity issues, as well as events beyond the control of Butterfly Bay GmbH (such as disruptions of public communication networks, power outages, etc.), may lead to short-term disruptions or temporary suspension of the services of the Community. Butterfly Bay GmbH will make every effort to keep the Community available as constantly as possible.
Butterfly Bay GmbH offers users a platform to bring them together with other users and provides the technical applications for this purpose, which enable users to make general contact with each other. If the Users conclude contracts with each other via the Community, Butterfly Bay GmbH is not involved in this and therefore does not become a contractual partner.
The users are solely responsible for the execution and fulfillment of the contracts concluded among themselves. Butterfly Bay GmbH is not liable if no contact is established between the users via the Community in connection with such a contract. Furthermore, Butterfly Bay GmbH is not liable for breaches of duty of the users from the contracts concluded between the users.
The moderators of the groups have a right of selection regarding their members. They are free to decide who they would like to accept as a member of their group.
7 Partner offers
Partner offers are additional services that can be offered by third-party providers and represent special services and products for Butterflies. Butterfly Bay GmbH will only act as an intermediary within the framework of the contracts concluded with the partners. For these partner offers, the general terms and conditions and data protection declarations of the respective partner companies apply, which independently carry out the booking processing and are also the contract and contact persons of the user.
If Butterfly Bay GmbH offers the user to book one or more additional services from third party providers in addition to their membership, separate contracts are concluded between the user and the respective third-party providers. The general terms and conditions and data protection declarations of the respective third-party providers, who are the contractual and contact partners of the User, shall apply to these additional services. In particular, the termination of such a contract for the additional service of a third-party provider or service disruptions have no influence on the contractual relationship between Butterfly Bay GmbH and the User with regard to his/her membership.
8 Registration, assurances during registration
The User warrants that all data provided by him/her during registration is true and complete. The User is obligated to notify Butterfly Bay GmbH immediately of any changes to his/her user data. The user may not use pseudonyms or stage names. The User warrants that he/she is of legal age at the time of registration.
When registering, the user chooses a password. He/She is obliged to keep his/her password secret. Butterfly Bay GmbH has no capability to see the password and will not ask the user for the password at any time. For security reasons it is also not possible to give out the password on request of the user.
Each user may only register once and may only create one user profile.
Butterfly Bay GmbH cannot determine with certainty whether a registered user is the person he or she claims to be. Butterfly Bay GmbH therefore does not guarantee the actual identity of a user. Each user must therefore convince themselves of the identity of another user.
9 Duration of membership and termination
The minimum term for monthly payment is one month, for annual payment twelve months, beginning with the day of booking or conclusion of the contract.
If the contract is not terminated by the User or Butterfly Bay GmbH in compliance with the notice period of five days to the expiration of his/her booking, it will be extended by the period booked by the User.
In order to exercise his/her right of termination, the User must inform Butterfly Bay GmbH, Garmischer Straße 35, D-81373 Munich, community@butterflybay.one of his/her termination by means of a clear declaration by e-mail or by letter.
In order to comply with the notice period, it is sufficient that the User sends the notification of the exercise of his/her right of termination before the expiry of the notice period.
The user may also choose to cancle his/her subscription using the membership section of his/her profile.
10 Duties of the User
The user is obliged
– to provide only true and non-misleading information in his/her profile and in his/her communication with other users and not to use pseudonyms or stage names.
– to transmit only such photos of his/her person to the community, which clearly show the user. The user ensures that the public reproduction of the photos he/she has submitted is permitted in the community. The transmission of photos or images of other or non-existent persons or other beings (animals, fantasy beings, etc.) is not permitted.
– when using the content and services in the community, the applicable laws and all rights of third parties must be observed. In particular, the user is prohibited from using insulting or defamatory content, regardless of whether this content concerns other users, Butterfly Bay employees or other persons or companies,
– use content that is pornographic, glorifies violence or violates youth protection laws, or advertise, offer or distribute products that are pornographic, glorify violence or violate youth protection laws,
– to harass other users unreasonably (in particular through spam)
– to use content protected by law (e.g. by copyright, trademark, patent, design patent or utility patent law) without being entitled to do so or to advertise, offer or sell goods or services protected by law,
– engage in or promote any anti-competitive activity, including progressive solicitation (such as chain, snowball or pyramid schemes).
– To refrain from the following harassing acts, even if they do not specifically violate any laws:
– Sending chain letters.
– Conducting, advertising, and promoting structural sales activities (such as multi-level marketing or multi-level network marketing) or suggestive or sexually oriented communications (explicit or implicit).
The following actions are prohibited to the user:
– Use of mechanisms, software, or scripts in connection with the use of the Community. However, the user may use the interfaces or software provided by Butterfly Bay GmbH in connection with the services offered in the Community.
– Blocking, overwriting, modifying, copying, unless this is necessary for the proper use of the services of the Community. Copying by means of “robot/crawler” search engine technologies, for example, is not necessary for the proper use of the Community’s services and is therefore expressly prohibited.
– Dissemination and public reproduction of content of the Community or of other users.
– Any action that is likely to impair the functionality of the infrastructure, in particular to place an excessive load on it.
11 Changes to the services
Butterfly Bay GmbH reserves the right to change the services offered on the community or to offer different services unless this is not reasonable for the user.
12 Responsibility for content, data and/or information of the users
Butterfly Bay GmbH assumes no responsibility for the content, data and/or information provided by users of the Community or for content on linked external websites. Butterfly Bay GmbH does not guarantee that this content is true, fulfills a specific purpose or can serve such a purpose.
As far as the user notices a use of the Community (including the use of pseudonyms or deceptive identities) that violates the law or the contract, he/she can report this using the contact form accessible in the Community.
13 Liability
Butterfly Bay GmbH assumes no liability for the topicality, correctness, completeness, or quality of the information provided. Liability and/or claims for damages – for whatever legal reason – against Butterfly Bay GmbH (including its agents), which refer to damages of a material or non-material nature and which are caused by the use or non-use of the information provided or using incorrect and incomplete information, are generally excluded, unless there is evidence of willful intent or gross negligence on the part of the author.
Claims for damages, which require slight negligence, only exist if an essential contractual obligation/cardinal obligation has been violated. A cardinal obligation is an obligation which the User could reasonably expect to be complied with and the fulfillment of which is a prerequisite for the proper execution of the contract. In this case, claims for damages are limited to the amount of the typical foreseeable damage. Claims for bodily injury as well as for property damage according to the product liability law remain unaffected. The aforementioned liability exclusions and limitations also do not apply in the case of the assumption of express guarantees by Butterfly Bay GmbH as well as in the case of claims due to the lack of warranted characteristics.
All offers are subject to change and non-binding. Butterfly Bay GmbH expressly reserves the right to change, supplement, delete or temporarily or permanently cease publication of parts of the pages or the entire offer without prior notice. Butterfly Bay GmbH is not responsible for any contents linked or referred to from her pages – unless she has full knowledge of illegal contents and would be able to prevent the visitors of her site from viewing those pages.
Butterfly Bay GmbH hereby expressly declares that at the time the links were created, no illegal content was identifiable on the linked pages. The author has no influence on the current and future design, content, or authorship of the linked pages. Therefore, she hereby expressly dissociates herself from all contents of all linked pages that were changed after the link was set.
This statement applies to all links and references set within the own internet offer as well as to external entries in guest books, discussion forums and mailing lists set up by Butterfly Bay GmbH. For illegal, incorrect, or incomplete contents and especially for damages resulting from the use or non-use of such information, only the provider of the linked site is liable, not the one who has linked to the respective publication.
14 Copyright
Butterfly Bay GmbH endeavors to observe the copyrights of the graphics, sound documents, video sequences and texts used in all publications, to use graphics, sound documents, video sequences and texts created by itself or to use license-free graphics, sound documents, video sequences and texts. All brand names and trademarks mentioned on the website and, if applicable, protected by third parties, are subject without restriction to the provisions of the applicable trademark law and the ownership rights of the respective registered owners. The mere mention of a trademark does not imply that it is not protected by the rights of third parties.
The copyright for published objects created by the user himself/herself remains solely with the author of the pages. Any duplication or use of objects such as diagrams, sounds or texts in other electronic or printed publications is not permitted without the author’s agreement.
15 Cancellation policy for consumers
If the user registers with the Community for a purpose that can be attributed neither to his/her commercial nor to his/her independent professional activity, the following provisions apply to him/her as a consumer within the meaning of the law
The user has the right to revoke this contract within 14 days without giving any reason.
The revocation period is 14 days after the conclusion of the contract, which begins with the booking of a package.
In order to exercise his/her right of revocation, the User must inform Butterfly Bay GmbH, Garmischer Straße 35, 81373 Munich, Germany, community@butterflybay.one of his/her revocation by means of a clear declaration by e-mail or by letter.
If the User cancels this contract, Butterfly Bay GmbH must reimburse the User for all payments received from the User without delay and at the latest within 14 days of the day on which it received notification of the User’s cancellation. For this repayment, Butterfly Bay GmbH shall use the same means of payment that the User used for his/her transaction, unless expressly agreed otherwise with the User. In no case will the User be charged for this repayment.
To comply with the withdrawal period, it is sufficient that the User sends the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
16 Data protection
Butterfly Bay GmbH protects personal data. Butterfly Bay GmbH will treat the data provided by the user confidentially and only use it in accordance with data protection regulations. Personal data is all data that is stored in connection with the name of the User. The inventory data provided by the User (first name, last name, delivery and billing address, e-mail address) will be stored by Butterfly Bay GmbH in the subscriber or customer file and processed for the purpose of providing the service and for billing, used and – if necessary – passed on to service providers commissioned for this purpose.
Unless otherwise specified by the user, Butterfly Bay GmbH will inform the user in the future about the products and events of Butterfly Bay GmbH or the organizer or contact the user by e-mail or telephone. This consent can be revoked at any time. Requests for changes are accepted by the customer service of Butterfly Bay GmbH at community@butterflybay.one . Butterfly Bay GmbH takes the greatest possible precautions to ensure the security of all user data and does not pass this data on to third parties unless the user has expressly consented to this. Furthermore, the detailed data protection regulations apply.
17 Applicable law, place of jurisdiction, place of performance
The place of jurisdiction for all disputes arising from this contract shall be Munich, Germany, unless otherwise stipulated by mandatory law.
18 Final provisions
Butterfly Bay GmbH reserves the right to change these terms and conditions at any time without giving reasons unless this is not reasonable for the user. Butterfly Bay GmbH will notify the user of changes to its GTC in a timely manner. If the User does not object to the validity of the new GTC within six weeks after notification, the amended GTC shall be deemed accepted by the User.
Butterfly Bay GmbH will inform the User in the notification of his/her right to object and the significance of the objection period. Unless otherwise agreed, the User can submit all declarations to Butterfly Bay GmbH by e-mail or by letter to Butterfly Bay GmbH, Garmischer Straße 35, D-81373 Munich, Germany, community@butterflybay.one. Butterfly Bay GmbH can send declarations to the User by e-mail or letter to the address that the User has entered as current contact data in his/her user account.
Should individually provisions of these GTC be or become invalid, this shall not affect the validity of the remaining provisions.