AGB
Terms of Use
Effective Date: November 10, 2023
These Terms
(1) This website (the "Site") and/or the services, including all related mobile applications (collectively, the "Services"), are owned by [please enter the name and legal form of the company] and operated by it (hereinafter also referred to as "we", "us", and "our"). These Terms of Use ("Terms") set forth the terms and conditions under which visitors or users (together, "Users" or "You") may visit or use the Site and/or the Services.
(2) By accessing or using the Services, you agree to these Terms and are bound by them. If you do not agree to all the Terms, you may not access the Site or use the Services. Please read these Terms carefully before you access our Site or use the Services. These Terms will tell you who we are, how you can use the Services, and what you can do if there is a problem.
(3) You represent that you are of legal age and possess the legal authority, right, and freedom to enter into a binding agreement based on these Terms and to use the Services. If you are a minor, you may use the Services only with the permission of your parents or legal guardians.
NOTE FROM WIX: Does the website include a members area/member accounts?<If yes, please add the following highlighted section; otherwise, delete the following section:>
Member Account
(1) To access certain areas and features of our Site, you must first register and create an account ("Member Account"). You must provide accurate and complete information when registering your Member Account.
(2) If someone other than you accesses your Member Account and/or settings, they may perform all the actions available to you, such as making changes to your Member Account. Therefore, we strongly advise you to keep your Member Account login details secure. Activities that occur under your Member Account are considered to have been performed by you and in your name, and you may be solely responsible for any activities that occur within your Member Account – whether expressly authorized by you or not – as well as for any damages, expenses, and losses that may result from such activities. You are liable for activities related to your Member Account as described if you negligently enabled the use of your Member Account by failing to exercise due diligence in protecting your login details.
(3) You may create and access your Member Account through a dedicated webpage or through a third-party platform such as Facebook (the "Social Network Account"). By signing in through a third-party platform account, you hereby grant us access to certain information about you stored in your Social Network Account.
(4) We may permanently or temporarily block or suspend your access to the Member Account without liability on your part, to protect us, our Site and our Services, or other Users if you, for example, violate these Terms or applicable law or regulations in connection with your use of the Site or your Member Account. This may occur without prior notice if circumstances require immediate action; in this case, we will inform you as soon as possible. Furthermore, we reserve the right to terminate your Member Account with a two-month notice via email if, for example, we discontinue our Member Account program. You may stop using at any time and request the deletion of your Member Account by contacting us.
Permitted Use
(1) Our Services are provided to you for informational purposes and for your private, non-commercial use only. You must comply with these Terms and all applicable laws when using our Services.
(2) Unless expressly permitted by these Terms, it is not allowed to: (i) use our Services in an unlawful or fraudulent manner (including violating third-party rights) or for the purpose of collecting personal data or impersonating other users; (ii) alter or use our copyright, trademark, or other proprietary rights notices, or interfere with the security-related features of our Services; (iii) use our Services in any way to manipulate or falsify content or undermine the integrity and accuracy of content, or take actions to disrupt, damage, or interrupt parts of our Services; (iv) use our Services to send, receive, upload/post, download, content that does not comply with our content standards; (v) use our Services to transmit or enable the transmission of unsolicited or unauthorized advertising or promotional material; (vi) use our Services to transmit or upload data to our Services that contain viruses, Trojans, worms, time bombs, keystroke loggers, spyware, adware, or other harmful programs or similar computer code designed to adversely affect the operation of computer software or hardware; (vii) use robots, spiders, other automatic devices, or manual processes to monitor or copy our website or other websites or the content contained in our Services, or use network monitoring software to determine the architecture of our Services or extract usage data from our Services; (viii) behave in a manner that restricts or inhibits other users from using our Services, or (ix) use our Services without our prior written consent for commercial purposes or in connection with a commercial activity. You agree to fully cooperate with us in investigating any activity that is suspected or actually violates these Terms of Use.
Intellectual Property Rights
(1) Our Services and related content (and any derivative works or enhancements of the same), in particular, all texts, illustrations, files, images, software, scripts, graphics, photos, sounds, music, videos, information, content, materials, products, services, URLs, technology, documentation, trademarks, service marks, trade names, and trade dress, and all intellectual property rights related to them, are either owned by us or are licensed to us (collectively, "our intellectual property rights"), and nothing in these Terms grants you any rights in relation to our intellectual property rights. Unless expressly set out herein or required by mandatory legal provisions for the use of the Services, you do not acquire any rights, claims, or interests in our intellectual property rights. All rights not expressly granted herein are expressly reserved.
(2) If the Services include the provision of digital content, such as music or videos, the rights granted in relation to such content are as set out on the Site.
User Content
(1) You may post texts, files, images, photos, videos, sounds, musical works, copyrighted works, audio files, fonts, logos, brands, illustrations, compositions, applications, comments, information, and other appropriate material ("User Content") through or in the Services.
(2) By displaying or posting ("posting") User Content on or through the Services, you hereby grant us a non-exclusive, fully paid, and royalty-free, worldwide, limited license to use, modify, delete, supplement, publicly perform, publicly display, and reproduce such User Content as part of the Services through the distribution of part or all of the Services in any media formats through any media channels we support, except that User Content that has been shared privately ("private") will not be distributed outside the Services.
(3) You represent and warrant that: (i) the User Content you upload or provide through the Services is owned by you or you otherwise have the right to grant the license described in this section, (ii) the posting and use of your User Content on or through the Services does not violate privacy rights, publicity rights, copyrights, contract rights, intellectual property rights, or any other rights of persons, and (iii) the posting of your User Content on the Services does not violate contracts between you and third parties.
(4) If you believe that your work has been copied or otherwise used in a way that constitutes copyright infringement, you can notify us by providing the following information (our contact details for this purpose can be found in the last section of these Terms):
(i) the contact details of the person authorized to act on behalf of the copyright owner;
(ii) a description of the copyrighted work that you claim has been infringed;
(iii) a description of the material that you claim is infringing or is the subject of infringing activity and that is to be removed or access to which is to be disabled, along with sufficient information to allow us to locate the material (including URL address);
(iv) a statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(v) a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the copyright owner or authorized to act on behalf of the owner of a copyright that is allegedly infringed.
(5) We reserve the right to inform the natural or legal person who reported the infringement about any counter-notification and to disclose all details contained therein.
(6) We can be reached at the following address:
Bernd Kornisch
Potsdamer Str. 72, 10785 Berlin
Disclaimer for the Use of the Site and Services
The Services, our intellectual property rights, and all information, materials, and content provided in connection with them and made available to users free of charge are provided without warranties of any kind, express or implied (warranties of fitness for a particular purpose or warranties in relation to the security, reliability, timeliness, accuracy, and performance of our Services, among others) – except in cases of malicious non-disclosure of defects. We do not warrant that free Services will be provided uninterrupted and error-free or that they will meet your requirements. Access to the Services and the Site may be suspended or limited due to repairs, maintenance, or updates.
Indemnification
You agree to defend, indemnify, and hold us harmless from and against all actual or alleged claims, damages, costs, liabilities, and expenses (including reasonable attorneys' fees) arising out of or in connection with your use of the Website and the Services in violation of these Terms, including in particular any use that violates the restrictions and requirements set forth in the "Permitted Use" section, or all User Content that you have uploaded or provided in violation of the warranties set forth in the "User Content" section, unless such circumstances are not due to your fault.
Limitation of Liability
(1) We are liable only for intent, gross negligence, negligent injury to life, body, health, or negligent breach of a material contractual obligation, and only in the case of paid services. A "material contractual obligation" means an obligation the fulfillment of which is a prerequisite for the proper implementation of the agreement and on which you normally rely and can reasonably rely on. Our liability for negligent breach of a material contractual obligation is limited to the amount of a usual and foreseeable damage for this type of contract.
(2) The foregoing provisions apply to our contractual (including liability for futile expenses) and non-contractual liability (including liability in tort) as well as liability for acts prior to the conclusion of the contract (culpa in contrahendo). They also apply in favor of our directors, senior employees, or other legal representatives, employees, and agents.
Changes to the Terms and Services; Termination
(1) We reserve the right to change these Terms from time to time at our sole discretion to account for changes in laws or additional features we may introduce, or as we otherwise develop our business. Therefore, you should read these Terms regularly and in any case when you register for a Member Account (if applicable). The new Terms apply to your use of the service after they take effect. If ongoing services you use are affected by the changes to the Terms, we will take your legitimate interests into account in a reasonable manner. We will inform you about such changes in advance. The changes are considered accepted by you if you do not object to these changes within two months of this notification. We will point this out in our notification. If you object to the changes, we have a special right of termination – without further obligations to you – which becomes effective on the date the changes take effect.
(2) We may change the Services, discontinue the provision of the Services or one or more function(s) of the offered Services, or restrict the Services. We may terminate or suspend access to the Services or the Services themselves permanently or temporarily – without stating reasons and without further obligations –. We will notify you in advance as far as possible under the given circumstances and will reasonably consider your legitimate interests in such measures.
Links to Third-Party Websites
The Services may contain links that allow you to leave the Site. Unless otherwise stated, the linked sites are not under our control, and we are not responsible for the content of linked sites, for links contained on a linked site, or for changes or updates to such sites. We are not responsible for webcasts or any other form of transmission received from a linked site. Links to third-party websites are provided for informational purposes only. The fact that we have added links to other websites does not mean that we endorse their owners or their content.
Applicable Law
(1) These Terms are governed by the laws of the [Federal Republic of Germany] (without regard to its conflict of law provisions) and shall be interpreted accordingly.
(2) The European Commission provides a platform for online dispute resolution (ODR), available at: https://ec.europa.eu/consumers/odr/. Please note that we are not obligated to participate in dispute resolution proceedings before alternative dispute resolution entities.
MISCELLANEOUS
(1) A waiver by one of the parties of a breach or delay under these Terms does not constitute a waiver of any previous or subsequent breaches or delays.
(2) The headings used in these Terms are for ease of reference only and are not to be given any legal effect.
(3) Unless expressly provided otherwise: if any part of these Terms is deemed unlawful or unenforceable for any reason, it is agreed that such part of the Terms will be severed and the remaining terms will remain in full force and effect.
(4) Without our prior written consent, you may not assign your agreement with us under these Terms or any or part of your contractual rights or obligations.
(5) These Terms constitute the entire agreement and supersede all previous written or oral agreements between you and us in connection with the Services.
(6) The provisions of these Terms that are intended to survive such action on our part shall remain in effect, particularly with respect to provisions regarding indemnities, indemnifications, disclaimers, limitations of liability, and this "Miscellaneous" section.
Contact
To contact us, please send an email to:
Bernd Kornisch
Potsdamer Str. 72, 10785 Berlin