Condiciones generales

General terms and conditions for Dasauge

zeramedia berlin Gero Willi, hereafter referred to as «zeramedia», provides its services via the internet site “dasauge.de” and all its localizations (hereafter referred to as “Dasauge”) to registered contractual partners (hereafter referred to as “the member” or “members”) exclusively according to the following terms and conditions:

1 Membership

1.1 Contractual partners of zeramedia and as such members of Dasauge, are such persons as register with zeramedia as a “member” via the internet site Dasauge, by using the online form designated for this purpose or other suitable method, and whose registration has taken effect.

1.2 Membership is free of charge. Membership does not result in an obligation to use the services provided by zeramedia.

1.3 The member receives or selects an unique identification, consisting of username or account number and password (login details), which can be used to engage zeramedia services. A condition of membership is recognising the “terms of use for Dasauge” and these general terms and conditions.

1.4 All commissions placed on the part of the member with reference to membership (login or other appropriate authorisation) relate to the contractual relationship entered into according to figure 1.1 and are therefore based on these general terms and conditions.

2 Description of services

2.1 The exact nature of contractual services arises from the current description of services, and from agreements in reference to the latter between zeramedia and the respective member.

2.2 The member receives the revocable license to post publications of various types on the pages of Dasauge that are designated for this purpose. zeramedia reserves the right, but is not obligated to publish the data submitted by the member for this purpose and to automatically and editorially revise, block and delete such data according to its own research and guidelines.

2.3 Provision of commissioned publications is based on the technical availability of a server that is connected to the internet. In particular, zeramedia cannot guarantee that a publication can be accessed by a particular addressee. Temporary interruptions to operation are possible; a right to continuous availability does not exist.

2.4 zeramedia reserves the right to change, limit or suspend the services offered on Dasauge at any time.

3 Member obligations

The member is obliged to comply with the following stipulations:

a. The member may only use Dasauge in a manner that does not contravene applicable laws and regulations. Hence the member must in particular ensure that only texts, names and images are submitted for publishing on Dasauge that do not contravene intellectual property, press, protection of minors and competition laws, as well as Electronic Commerce Directive regulations and the personal rights of third parties.

b. References to other information sources, in particular links and comparable references, may only be made or instructed, when the content of the given information source and the referencing in itself does not contravene applicable laws of the Federal Republic of Germany or the rights of third parties.

c. The member must select passwords in such a way as cannot be deduced by third parties. The member agrees to effectively protect his/her login details against loss and access by third parties, and to immediately change them or instruct zeramedia to do this if he suspects that an unauthorised third party has gained knowledge of them, and to bear the cost of financial loss or any damage that has occurred through unauthorised access by third parties, who have gained knowledge of the member’s login details, insofar as he is responsible for this circumstance.

d. The member must keep all information contained in site publications up-to-date and must immediately delete publications that refer to offers, searches or practising a business activity when this business activity is no longer practised, or when the offer or search is no longer valid.

e. The member must refrain from making incorrect or misleading declarations, in particular with respect to his/her identity and authorship, and from the incorrect categorisation of publications.

f. The member must maintain and update the validity and readiness of the e-mail contact account that he/she submits and must access this account regularly. zeramedia reserves the right, but is not obligated to communicate account details to third parties that demonstrate in a credible way that they are authorised to receive such material, if the member cannot be reached by e-mail due to breach of this obligation.

4 Rights of use

4.1 With the publication of content, the member grants zeramedia the necessary, but non-exclusive rights to this content free of charge for the worldwide operation of Dasauge to use, publish, change or translate as zeramedia sees fit.

4.2 Publications may be used by zeramedia for advertising purposes.

5 Liability

5.1 In the case of infringement of the obligations detailed in figure 3, the member exempts zeramedia from all hereby precipitated third party claims.

5.2 Editing of publications by zeramedia according to figure 2.2 does not release the member from exemption according to figure 5.1, unless an infringement of the obligations detailed in figure 3 has occurred as a result of such editing and the member is not responsible for this infringement.

5.3 zeramedia is liable to the user only in the case of premeditated action and gross negligence. Liability for missed earnings is out of the question. Overall liability is limited to foreseeable damage. Reimbursement of any settled amounts occurs pro rata in the case of non-fulfilment of service provision according to figure 2.3.

5.4 The member recognises that comments may be published in the forums, which refer to other members and their publications. The member relinquishes all claims that might result from the publication of such comments in respect to zeramedia.

5.5 The member agrees that all communication concerning membership will take place via e-mail, unless another communication form is stipulated by law.

6 Costs and payment terms

If the member uses cost-incurring services, the following regulations apply:

6.1 The agreed costs for publications and costs calculated by time unit are to be paid in advance for each respective settlement period or accounting entry, and are payable as soon as the invoice is delivered.

6.2 The settlement periods for invoiced costs calculated by time unit correspond to the respective agreed minimum term.

6.3 Other costs are payable with the following invoice, however zeramedia reserves the right to issue interim invoices at any time.

6.4 The member is obliged to pay the agreed costs plus applicable VAT by the date due and to reimburse zeramedia to the extent that he/she is responsible, with the resultant costs for every non-cashed or returned debit and every non-cleared cheque.

6.5 Commissioned services that have already been provided in whole or in part by zeramedia, must be paid for even if, for reasons for which the member is responsible, no or only part provision or other use of the service occurs. This also relates to financial outlays and other expenses on the part of zeramedia and the premature deletion of cost-incurring entries by the member within contract duration—also due to the stipulations in figure 3.

6.6 In the case of delayed payment or infringement of the stipulations in figure 3, zeramedia reserves the right to suspend and/or terminate its services without observance of a period of notice and with forfeiture of any service credit. Suspension of service for these reasons does not release the member from paying costs.

7 Period of notice and termination

7.1 Membership can be terminated at any time by either party. In the case of termination of membership, the contractual relationship detailed in figure 1.1 continues until the termination of all engaged services becomes valid.

7.2 All engaged services calculated by time unit are extended by their respective minimum term, if not terminated in observance of a period of notice as detailed in figure 7.4. Services in whose description a “term of duration without period of notice” is explicitly stipulated are exempt from this provision.

7.3 A supply month begins on the start day of supply of a service calculated by time unit and ends on the day before the same calendar day of the following month. Fixed minimum terms will be calculated in supply months if necessary.

7.4 The contractual relationship concerning services calculated by time unit can be terminated at the end of each settlement period by either contractual partner. The period of notice is 14 calendar days, however the date of receipt of termination by zeramedia applies.

7.5 In the case of free services, termination may be instructed by either party at any time, without period of notice and without providing any particular reason.

7.6 zeramedia reserves the right of termination without period of notice in the case of serious technical disturbances at zeramedia or its partner companies, or severe changes to contractual agreements with its partner companies.

8 Final stipulations

8.1 Special agreements must be made in writing.

8.2 All contracts and their execution are subject to the law of the Federal Republic of Germany. The place of jurisdiction is Berlin, in as far as the user is a commercial agent.

8.3 These general terms and conditions have been drawn up in the German language and all other language versions are translations. The original language is the authoritative version for judicial interpretation.

8.4 If any of these general terms or conditions or parts thereof are determined to be illegal or invalid, then the remaining terms or components thereof shall remain in full force and effect and continue to be binding and enforceable. In place of the invalid term, a valid term that lies closest to the purpose of the intended term will take retroactive effect.