(1) trustedcappers.com, ME Network LLC, 30 N Gould St, STE 100, Sheridan, 82801 Wyoming, USA provides an internet portal at www.trustedcappers.com (hereinafter referred to as 'the portal'), through which duly registered participants can take part in a tipping community, contact each other and tip the prospective results of individual matches. Participants can create individual personal profiles, access content available on the portal and use the other free and paid services currently available on the portal within the scope of their respective availability. Further information on the services can be found in the service description, § 8.

(2) These terms and conditions of participation and use govern the provision of the services by the service provider and the use of these services by you as a duly registered participant.

(3) Information about the service provider can be found here.

The service provider reserves the right to amend these terms and conditions of participation and use at any time, taking into account the legitimate interests of the participants, with effect also within the existing user relationships.

(1) The use of the services available on the portal requires your registration as a participant. There is no entitlement to participation. The service provider is entitled to reject applications for participation without giving reasons.

(2) You are only permitted to register if you are of legal age and have unlimited legal capacity. Minors are prohibited from registering. In the case of a legal entity, registration must be carried out by a natural person with unlimited legal capacity and power of representation.

(1) Registration and opening of accounts are free of charge for you. In this case, you can submit your own tips and participate in all free services on the portal. For an additional fee, you can view all tips on the portal. The usage fee to be paid for this will be displayed to you on the portal and must be confirmed by clicking the 'order with obligation to pay' button. Further details on the respective range of services can be found under § 8.

Please note: If the application for access is for a purpose that can be attributed neither to your commercial nor your independent professional activity, you are entitled to a statutory right of withdrawal. You can find more details on the right of withdrawal and the withdrawal policy here.

(2) The contact data and other information requested by the service provider during the registration process must be provided by you completely and correctly.

(3) After you have provided all the requested data, it will be checked by the service provider for completeness and plausibility. If the information is correct from the service provider's point of view and there are no other concerns from the service provider's point of view, the service provider will activate your requested access and notify you of this by e-mail. The e-mail is considered acceptance of your application to participate. Upon receipt of the e-mail, you are entitled to use the portal within the framework of these terms and conditions of participation and use. To do this, you must first confirm your activation by clicking on the link contained in the e-mail.

(1) During the registration process, you will be asked to provide a username and a password. With this data, you can log in to the portal after your access has been activated and you have confirmed it in accordance with § 4 (3). It is your responsibility to ensure that the username does not violate the rights of third parties and does not offend common decency.

(2) The access data, including the password, must be kept secret by you and not made accessible to unauthorized third parties.

(3) It is also your responsibility to ensure that your access to the portal and the use of the services available on the portal are carried out exclusively by you or by persons authorized by you. If there is reason to fear that unauthorized third parties have gained or will gain knowledge of your access data, the service provider must be informed immediately.

You are liable for any use and/or other activity that is carried out under your access data in accordance with the statutory provisions.

You are obliged to keep your data (including your contact data) up to date. If there is a change in the data provided during the period of your participation, you must correct the information on the portal in your personal settings without delay. If you are unable to do so, please inform us of your changed data immediately by e-mail or fax.

(1) You can unsubscribe from the portal at any time. However, any paid services you have ordered remain unaffected by a cancellation.

(2) The service provider is entitled to irretrievably delete all data generated in the course of your participation upon expiry of 30 calendar days after the termination becomes effective and after expiry of any statutory retention periods.

(1) The service provider provides you with various information and other services on the portal for temporary use. Such services may include, for example, making available data, articles, image and sound documents, information and other content (hereinafter collectively referred to as 'content'), as well as the possibility of creating individual profiles and contacting other participants by writing personal messages.

The content and scope of the services are determined by the functionalities currently available on the portal.

(2) Both free and paid services are available to you on the portal. Paid services are marked as such. Regulations regarding their use can be found in § 12.

(3) For all paid services, the service provider guarantees an availability of 99% on a monthly average within its area of responsibility. The regular maintenance windows of the web portal, which are every Sunday between 2:00 and 4:00 a.m., are not included in the calculation of availability.

Otherwise, a claim to the use of the services available on the portal only exists within the scope of the technical and operational possibilities of the service provider. The service provider endeavours to ensure that its services can be used as uninterruptedly as possible. However, temporary restrictions or interruptions may occur due to technical faults (such as interruption of the power supply, hardware and software errors, technical problems in the data lines).

The service provider is entitled at any time to change services provided free of charge on the portal, to make new services available free of charge or for a fee, and to discontinue the provision of free services. In doing so, the service provider will always take your legitimate interests into account.

(1) The content available on the portal is predominantly protected by copyright or other protective rights and is the property of the service provider, the other participants or other third parties who have made the respective content available. The compilation of the content as such may be protected as a database or database work within the meaning of §§ 4 para. 2, 87a para. 1 UrhG (German Copyright Act). You may only use this content in accordance with these terms and conditions of participation and use and within the framework specified on the portal.

(2) The content available on the portal originates partly from the service provider and partly from other participants or other third parties. Content from participants and other third parties is hereinafter collectively referred to as 'third-party content'. The service provider does not check third-party content for completeness, correctness and legality and therefore assumes no responsibility or warranty for the completeness, correctness, legality and up-to-dateness of the third-party content. This also applies with regard to the quality of the third-party content and its suitability for a specific purpose, and also insofar as it is third-party content on linked external websites.

All content on the portal is third-party content, with the exception of content that is marked with a copyright notice of the service provider.

(1) Your right of use is limited to accessing the portal and using the services available on the portal in each case within the framework of the provisions of these terms and conditions of participation and use.

(2) You are responsible for creating the technical prerequisites necessary for the contractual use of the services in your area of responsibility. The service provider does not owe you any advice in this regard.

(3) The service provider points out that your usage activities may be monitored to the extent permitted by law. This may also include the logging of IP connection data and conversation histories as well as their evaluation in the event of a concrete suspicion of a violation of these terms and conditions of participation and use and/or in the event of a concrete suspicion of the existence of another illegal act or criminal offence.

(1) The service provider offers both free and paid services on the portal. Insofar as the use of a service (including the retrieval of content) is subject to a charge within the scope of the use of the portal, you will receive an online notification of the costs incurred by you, the terms of payment and other relevant details before the possibility of accessing the respective service is opened. Only then will you have the opportunity to use the respective service by clicking on the corresponding 'order with obligation to pay' button.

Please note: By clicking on the corresponding button, you declare bindingly that you wish to use the respective service. By doing so, you bindingly accept our offer for the provision of the paid service, and a further contractual relationship is created. These terms and conditions of participation and use also apply to this contractual relationship, as well as any other conditions about which the service provider will inform you before you use the service.

If you do not wish to use the paid service, you can return to the free services by clicking on the corresponding button or by using the 'back' button of your browser.

Please also note: You initiate the provision of the paid service immediately by clicking on the corresponding button. Since the use of the service cannot be reversed thereafter and a return of any content retrieved by you cannot be guaranteed in such a way that you can no longer use it after returning it, you are not entitled to a right of withdrawal with regard to the use of paid services.

(3) All stated fees are inclusive of the applicable statutory value added tax.

(4) The fee for the paid services used by you will be charged to the credit card or PayPal account you specified during registration or before using the service. You can access the invoice for the paid services used in your personal area.

(5) In the event of default, the service provider is entitled to demand default interest from consumers at a rate of 5% above the base rate and from entrepreneurs at a rate of 8% above the base rate, unless the participant can prove a lower loss or the service provider can prove a higher loss. (6) You are only permitted to offset with undisputed or legally established counterclaims. You can only assert a right of retention if it is based on the same contractual relationship.

(1) Insofar as this functionality is available on the portal, you can design your user profile individually according to your own ideas within the framework of these terms and conditions of participation and use. Please be sure to observe the restrictions of § 16.

(2) As a rule, the service provider does not check the identity of the profile owners and the information in the profiles. The service provider therefore gives no guarantee that each profile owner is the person they claim to be.

(1) Insofar as this functionality is available on the portal, you may post content on the portal and thus make it available to third parties, subject to the following rules.

(2) By posting content, you grant the service provider a free and transferable right of use to the respective content, in particular

• for storing the content on the service provider's server and publishing it, in particular making it publicly accessible (e.g. by displaying the content on the portal),
• for editing and reproducing it, insofar as this is necessary for the provision or publication of the respective content, and
• for granting rights of use to third parties - including for a fee - to your content in accordance with § 15.

If you remove the content you have posted from the portal, the right of use and exploitation granted to us above shall expire. However, we remain entitled to retain copies made for backup and/or verification purposes. The rights of use already granted to participants in content posted by you also remain unaffected.

You are fully responsible for the content you post. The service provider does not check the content for completeness, correctness, legality, up-to-dateness, quality and suitability for a specific purpose.

You therefore declare and warrant to the service provider that you are the sole owner of all rights to the content you post on the portal, or are otherwise entitled (e.g. by effective permission of the rights holder) to post the content on the portal and to grant the rights of use and exploitation in accordance with paragraph (2) above.

(4) The service provider reserves the right to refuse to post content and/or to edit, block or remove content already posted (including private messages and guestbook entries) without prior notice if the posting of the content by the participant or the posted content itself has led to a violation of § 16 or if there are concrete indications that a serious violation of § 16 will occur. In doing so, however, the service provider will take your legitimate interests into account and choose the mildest means to avert the violation of § 16.

(1) Unless further use is expressly permitted in these terms and conditions of participation and use or on the portal or is made possible by a corresponding functionality on the portal (e.g. download button),

• you may only access and display the content available on the portal online for personal purposes. This right of use is limited to the duration of your contractual participation in the portal;
• you are prohibited from editing, changing, translating, showing or performing, publishing, exhibiting, reproducing or distributing the content available on the portal in whole or in part. It is also forbidden to remove or change copyright notices, logos and other marks or protective notices.

(2) You are only entitled to download content ('download') and to print out content if a download or printout option is available on the portal as a functionality (e.g. by means of a download button).

You receive a non-exclusive right of use for an unlimited period of time for your own, non-commercial purposes for the content you have duly downloaded or printed out. Insofar as the content is made available to you for a fee as part of the basic membership, a further prerequisite for this granting of rights is the full payment of the respective content. Otherwise, all rights to the content remain with the original rights holder (the service provider or the respective third party).

(3) Your mandatory statutory rights (including reproduction for private and other personal use in accordance with § 53 UrhG) remain unaffected.

(1) The services available on the portal are intended exclusively for non-commercial use by the participants. Any use for or in connection with commercial purposes is prohibited unless such use has been expressly permitted by the service provider in writing beforehand. In particular, unauthorized commercial use includes

• all offers and advertisements of paid content, services and/or products, both your own and those of third parties,
• all offers, advertisements and implementations of activities with a commercial background such as competitions, prize draws, barter transactions, advertisements or pyramid schemes, and
• any electronic or other collection of identity and/or contact data (including e-mail addresses) of members (e.g. for sending unsolicited e-mails).

You are prohibited from any activities on or in connection with the portal that violate applicable law, infringe the rights of third parties or violate the principles of the protection of minors. In particular, you are prohibited from the following actions:

• the posting, distribution, offering and advertising of pornographic content, services and/or products that violate laws for the protection of minors, data protection law and/or other law and/or are fraudulent;
• the use of content that insults or defames other participants or third parties;
• the use, provision and distribution of content, services and/or products that are legally protected or encumbered with the rights of third parties (e.g. copyrights) without being expressly authorized to do so.

(3) Furthermore, regardless of any possible violation of the law, you are also prohibited from the following activities when posting your own content on the portal and when communicating with other participants (e.g. by sending personal messages, by participating in discussion forums or by writing guestbook entries):

• the distribution of viruses, Trojans and other malicious files;
• the sending of junk or spam mails and chain letters;
• the distribution of lewd, offensive, sexually oriented, obscene or defamatory content or communication and such content or communication that is likely to promote or support racism, fanaticism, hatred, physical violence or illegal acts (in each case explicitly or implicitly);
• harassing other participants, e.g. by repeatedly contacting them personally without or contrary to the reaction of the other participant, as well as promoting or supporting such harassment;
• requesting other participants to disclose passwords or personal data for commercial or illegal purposes;
• the distribution and/or public reproduction of content available on the portal, unless this is expressly permitted by the respective author or is expressly made available as a functionality on the portal.

(4) You are also prohibited from any action that is likely to impair the smooth operation of the portal, in particular from placing an excessive load on the service provider's systems.

(5) Should you become aware of any illegal, abusive, non-contractual or otherwise unauthorized use of the portal, please contact us by e-mail. The service provider will then examine the matter and, if necessary, take appropriate steps.

(6) If there is a suspicion of illegal or criminal acts, the service provider is entitled and, if necessary, also obliged to check your activities and, if necessary, to initiate appropriate legal steps. This may also include forwarding a matter to the public prosecutor's office.

(1) The service provider may block your access to the portal temporarily or permanently if there are concrete indications that you have violated or are violating these terms and conditions of participation and use and/or applicable law, or if the service provider has another legitimate interest in blocking it. When deciding on a block, the service provider will give due consideration to your legitimate interests.

(2) In the event of a temporary or permanent block, the service provider will block your access authorization and notify you of this by e-mail.

(3) In the event of a temporary block, the service provider will reactivate the access authorization after the blocking period has expired and notify you of this by e-mail. A permanently blocked access authorization cannot be restored. Permanently blocked persons are permanently excluded from participation in the portal and may not register on the portal again.

(1) One of the service provider's quality standards is to handle the personal data of the participants (this data is hereinafter referred to as 'personal data') responsibly. The personal data resulting from your registration on the portal and from the use of the available services will therefore only be collected, stored and processed by the service provider to the extent that this is necessary for the contractual provision of services and is permitted by law or ordered by the legislator. The service provider will treat your personal data confidentially and in accordance with the provisions of applicable data protection law and will not pass it on to third parties.

(2) Furthermore, the service provider will only use your personal data if you have expressly consented to this. You can revoke your consent at any time. Details on this can be found in the data protection declaration you confirmed during registration.

Should you suffer any damage from the use of services provided free of charge on the portal (including the retrieval of free content), the service provider shall only be liable to the extent that your damage was caused by the contractual use of the free content and/or services, and only in the event of intent (including fraudulent intent) and gross negligence on the part of the service provider.

Within the scope of the use of paid services (including the retrieval of paid content) by you, the service provider shall be liable in accordance with the following provisions:

(1) The service provider shall be liable without limitation for damages caused intentionally or by gross negligence by the service provider or by its legal representatives, executive employees or simple vicarious agents.

(2) In cases of slightly negligent breach of only insignificant contractual obligations, the service provider shall not be liable. Otherwise, the liability of the service provider for damages caused by slight negligence shall be limited to those damages that are typically to be expected in the context of the respective contractual relationship (foreseeable damages typical for the contract). This also applies in the case of slightly negligent breaches of duty by the legal representatives, executive employees or simple vicarious agents of the service provider.

(3) The above limitation of liability does not apply in the case of fraudulent intent, in the case of personal injury, for the breach of guarantees or for claims arising from product liability.

Unless expressly stated otherwise in these terms and conditions of participation and use, all declarations made in the context of participation in the portal must be made in writing or by e-mail. The e-mail address of the service provider is mail@trustedcappers.com. The postal address of the service provider is trustedcappers.com, owner ME Network LLC, 30 N Gould St, STE 100, Sheridan, 82801 Wyoming, USA. The contact details are subject to change. In the event of such a change, the service provider will inform you of this.

Should any provision of these terms and conditions of participation and use be or become invalid, the legal validity of the remaining provisions shall not be affected thereby. In place of the invalid provision, a valid provision shall be deemed to have been agreed which comes closest to the economic purpose intended by the parties.

These terms and conditions of participation and use are subject to the law of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).

The exclusive place of jurisdiction for all disputes arising from these terms and conditions of participation and use is, insofar as such an agreement on the place of jurisdiction is permissible, the registered office of the service provider.