AdResponse UG – hereinafter referred to as the provider –
§ 1 Scope, Definitions
(1) The following terms and conditions shall apply to the business relationship between the provider and the user of the internet portal www.ad-response.com (hereinafter referred to as the website), according to the version valid at the time of registration. Any terms and conditions of the user that deviate from these terms and conditions shall not be acknowledged, unless the provider expressly agrees to their validity in writing.
(1) The user shall be defined as a consumer, as long as the purpose of the goods and services ordered cannot be attributed to commercial trade, business or professional activity. In contrast, an entrepreneur is any natural person or legal entity or incorporated partnership that trades in a commercial or professional capacity when concluding the contract.
§ 2 Subject matter of the contract
§ 3 Conclusion of the contract
(2) The provider will then send the user an automatic confirmation email to acknowledge receipt, which the user is able to print out. The automatic confirmation only documents that the registration application has been received by the provider and does not constitute acceptance of the application. The license agreement is concluded only by the issuing of a declaration of acceptance by the provider which is sent via a second email or by activating the user account. The provider is entitled to reject or bar applicants from becoming members of its website without giving reasons.
§ 4 Storage of the registration details
Registration details are stored by the provider and can be accessed by the user online. The user can print the terms and conditions and all data entered during and after registration by clicking the print button of the browser or save by clicking the savebutton of the browser.
§ 5 Warranty
(1) The provider hereby informs all users that its server is connected to the internet via a complex system architecture. The availability of storage space is at least 95% throughout the year. The provider further informs all users that disruptions or restrictions to the services provided by it may arise, and in such cases may also be beyond its control. These include, in particular, actions of third parties that are not acting on behalf of the provider, technical specifications of the internet over which the provider has no influence and force majeure.
(1) The provider conducts regular maintenance work to ensure the security of its network operations. At times when this is necessary, it may need to temporarily restrict or suspend services in the interest of its users.
§ 6 Liability of the provider to the user
(1) The provider shall be fully liable for damage claims due to injury to life, body or health, or an intentional or grossly negligent breach of contract as well as other damages based on an intentional or grossly negligent breach of duty on the part of the provider. This also applies if the aforementioned violations are committed by a legal representative of the provider or persons contracted by him. Essential contractual obligations are those deemed necessary for the proper fulfilment of the contract.
(1) If the breach of an essential contractual obligation was caused by ordinary negligence, the provider’s liability shall be limited to the foreseeable damage that is typical for the contract, unless the user’s damage claims are due to injury to life, body or health.
(1) The restrictions of clauses 1 and 2 shall also apply to the legal representatives and agents of the provider, if claims are asserted against them directly.
(1) The provisions of the Product Liability Act remain unaffected.
(2) Apart from above, the provider shall assume no liability.
§ 7 Liability of the provider to third parties
(1) The information and data published on the website does not represent the content of the provider. Any claim related to content published must be made directly to the respective user.
(1) The provider accepts no responsibility for the completeness, availability, accuracy or legality of the content posted. The relevant user shall bear sole responsibility. The provider only reserves the right to technically edit the content of the user in order to optimise its display on the website or a mobile device.
§ 8 Obligations of the user
(1) If the user is a natural person, he shall confirm he is of full age and full legal capacity at the time of registering. Companies are required to present proof of their entrepreneurial activity to the provider upon request by producing the appropriate documentation.
(1) The user is obliged to always provide accurate and truthful information to the provider. It is expressly forbidden to post messages that violate any laws or third party rights (e.g. trademark, patent, copyright or personality rights), or that include pornographic content or content of an extremist nature. External links for promotional purposes is strictly prohibited.
(1) The user is obliged to keep his access data for the website secret against unauthorised third parties and ensure unauthorised third parties are not given access to the site. The user is further obliged to inform the seller immediately if he is aware of evidence that an account has been misused by third parties.
§ 9 Transfer of rights
(1) The user shall grant the provider the exclusive, temporal, territorial and content-related unlimited rights to the comprehensive use of the posted content, subject to existing rights of third parties, including for commercial marketing. In particular, the user grants the provider the right to reproduce, make publicly accessible, disseminate and process.
(1) The assignment of rights expressly includes all known and unknown forms of services offered on the Internet, in particular the possibility of integrating with paid online services and websites, and within the internet.
§ 10 Contract term and termination
(1) The contract is concluded for an indefinite period. Either party may terminate the contract at any time, with immediate effect. The right of both parties to extraordinary termination for reasonable cause shall remain unaffected.
(1) A reasonable cause is deemed to exist in particular if the content posted by the user violates applicable law or public morality.
§ 11 Information of data processing
(1) The provider collects data for processing the transaction with the user. It complies with the relevant data protection legislation, in particular the Federal Data Protection Act and the Telemedia Act. Without the consent of the user, the provider will only collect, process or use the inventory data or the usage data of the user to the extent necessary for fulfilling the contract and invoicing teleservices.
(1) Without the express consent of the user, the provider shall not use the user’s data for advertising purposes, market research or opinion polls.
§ 12 Final provisions
(1) All contracts between the provider and the user are subject to the law of the Federal Republic of Germany. The agreement on the applicable law applies only to the customer if the protection is not revoked by mandatory provisions of the law of the state in which the consumer has his habitual residence. The language of the contract is German.
(1) If the user is an entrepreneur, a legal entity under public law, or a public special fund, the place of jurisdiction for all disputes arising from contractual relationships between the user and the provider shall be registered office of the provider. The right of the supplier to invoke the court in another jurisdiction remains unaffected.
(1) If any individual provision of this contract is or becomes invalid, the contract and the remaining provisions shall remain binding.