These terms and conditions govern the conditions for the booking of advertisements or the placement of content on the internet portals of M&S Internetmarketing (hereinafter referred to as "provider") by commercial clients. The terms and conditions do not apply to visitors to the websites or club members. The terms and conditions can be accessed, downloaded and stored at any time, even after conclusion of the contract.
Clients by their signature or the use of the services of the provider and clicking on the box "I accept the terms and conditions of the provider" (literally or mutatis mutandis) declare their consent with these terms and conditions. Conflicting terms and conditions of clients are not part of the contract.
1. SERVICES OF THE PROVIDER
The provider provides the portal modelle-niedersachsen.de as well as various other Internet portals on the Internet. Commercial clients of age have the option to publish certain media, texts, images, graphics, calculations, data, music, video sequences, etc. (collectively: content) after registration for a certain period of time for a fee. The provider allows u.a. the retrievability of this content. Only the data of the client designated for publication (eg artist name, telephone number, address of the workplace, working hours) will be published.
The provider does not undertake a fundamental review of the content transmitted, uploaded and entered by the customer. Therefore, it can not guarantee its accuracy, adequacy and quality. Nevertheless, the provider reserves the right to refuse the publication of content and information in its sole discretion, correct or delete and / or temporarily or permanently block the customer's account. This is especially relevant if the provider becomes aware of a breach of these terms and conditions or statutory provisions, false information is uncovered or other important reasons should exist.
Clients have no claim to the use of the services of the provider and / or the publication of content on the portal of the provider. In the case of violations of these terms and conditions, legal provisions or the presence of other important reasons, for example a disruption of harmonious coexistence, the provider can make a virtual ban on customers, i.e. exclude them from future use of their services.
Clients, against which a ban was pronounced, are not allowed to register on the websites of the provider.
Services, functions and contents of the platform can be changed, extended or restricted by the provider at any time. As far as paid options are concerned, the provider will ensure proper compensation.
2. OBLIGATIONS OF THE CLIENT
Clients are solely responsible for the content they submit to the provider. Clients undertake to provide only truthful, complete and up-to-date information about their person during registration and to assure that they are of age at the time of registration. In addition, clients assure that all persons depicted on the submitted content are of legal age and have consented to a publication of the contents. Clients undertake to pay the remuneration agreed for the advertisement.
Changes in name, address or bank details must be notified by the client to the provider without delay. Any additional expenses incurred as a result of a delayed advertisement must be borne by the client.
If legitimate doubts exist as to the authenticity of the data, the provider can provisionally block the account for the protection of other users of its Internet portals from possible fakes and demand proof of authenticity from the client. If the client does not comply with this request, the provider is entitled to delete the account.
Passwords may not be disclosed to third parties, they must be protected against access by third parties and should also be changed at regular intervals for safety reasons. If a misuse is suspected, the password must also be changed and the provider must be informed immediately.
The client expressly agrees that the publication of its contents on modelle-niedersachsen.de and other Internet portals of the provider as well as the use of mobile services on his behalf happen. The client is responsible for its activities, information and content and is obliged to comply with the statutory provisions. This applies in particular to the areas of copyright, trademark law and the youth protection law. Clients guarantee that they have all the necessary rights with regard to the content they have uploaded to the provider's database, that the use and / or exploitation of such content does not conflict with third party rights (e.g. the right to own images, the naming rights, third party trademark rights) and that the content is not in violation of the provisions of these terms and conditions or statutory provisions. The client undertakes to prove his rights to the contents upon request of the provider. The client further assures that the author of his contents renounces his rights according to § 13 UrhG.
Clients commit themselves to indemnify the provider and / or affiliated companies as well as his and / or the employees, representatives, associates and vicarious agents of his affiliated company to any claims by third parties for breach of their rights by content of the client published on the website of the provider or because of other use of the services of the provider. The client accepts on first request all costs of the necessary legal defense by the provider including all court and legal fees. In the event of third party claims by the Provider for the conduct and / or omission of a Client, the Client concerned will promptly, truthfully and completely disclose to the Provider any information at its disposal that is needed for an audit of the claims and a defense.
3. GRANTING OF RIGHTS
Clients grant the provider with the transmission or uploading of their content the free, simple and spatially unlimited right to use the transmitted content on or via the services of the provider described above, modify, offer, make publicly available, reproduce and spread. The aforementioned granting of rights is limited in time to the term chosen by the client.
The provider is granted free of charge, simple, spatially and temporally unlimited right of use by the clients, to make the content transmitted by them publicly available for publicity purposes on the portal of the provider on third-party portals. Clients further declare their consent that the contents or parts of them transmitted to the provider may be framed with advertisements of any kind.
The provider may impose sanctions against a client in accordance with this provision if and insofar as the provider has concrete indications that a client violates statutory regulations, third party rights, good morals and / or these terms and conditions.
When choosing the sanction to be imposed, the provider will take in account the interests of the client concerned in the decision and, among other things, also take into account whether an innocent misconduct has occurred or the infringement was culpably committed. The following measures and sanctions can be brought up for consideration, depending on the seriousness of the misconduct:
- Warning of a client (as the mildest means),
- Partial and complete deletion of contents of a client,
- Limitation when using the services of the provider,
- Temporary blocking of a client,
- Final blocking of a client and granting of a virtual house ban.
The costs for advertisements on the portals of the provider depend on the term chosen by the client as well as the payment method. The respective prices are published on the website of the provider.
The total amount must be paid in advance for the agreed period at the latest at the beginning of the contract period. If the term is extended, the respective total amount will become due upon commencement. The publication of the contents of the client takes place only after receipt of payment by the provider.
The contents of the client are published for the agreed term on the website of the provider. The start of publication can be freely chosen by the client. As far as an immediate publication is desired, this takes place no later than 48 hours after conclusion of the contract or receipt of the contents by the provider. The provider points out that delays may occur in the event of incomplete or incorrect delivery of the contents of the client.
After the expiry of the agreed term, the contents of the client will be automatically deleted if the client does not wish to extend the term. A termination is not required in this respect. The provider informs the client four (4) days before the end of the term by SMS about the possibility of an extension.
The agreed term is a contiguous period and can not be used with interruptions.
Clients have the option to delete their content before the end of the agreed term, i.e. to remove it from the Internet portals of the provider. The premature deletion of the contents has no influence on the clients payment obligation. A refund of the already paid compensation is not possible.
7. ADVERTISING AGENCIES
The advertising intermediaries and advertising agencies are obliged to adhere to the price list of the provider in their offers, contracts and invoices with the advertiser. Any funding granted by the provider may not be passed on to the client either in whole or in part.
8. RIGHTS AT THE DATABASE
All rights (copyrights, trademarks and other proprietary rights) to the database and the content, data and other elements are the sole responsibility of the provider. Any rights of the client to their content remain unaffected.
Copyright notices or other proprietary rights notices on the internet portals of the provider may not be changed. The contents of the database of the provider may under no circumstances be used for the construction of a separate database in any media form or for commercial data exploitation or information.
The integration or other linking of the database or individual elements of the database with other databases or meta-databases is inadmissible.
The databases provided by the provider and other technical devices are state of the art. The provider endeavors to ensure the highest possible availability of the platform. Nevertheless, due to problems that are outside the control of the provider (force majeure, third-party fault, etc.) or due to maintenance work, there may be temporary restrictions on the availability of the provider's services.
The provider assumes no responsibility for the constant availability or retrievability of his website and is not liable for downtime due to necessary care and maintenance or newly emerged errors, as far as these were not foreseeable and can undermine even a conscientious average programmer.
10. LIMITATION OF LIABILITY
Any claims for damages against the provider are excluded, regardless of the legal grounds, unless the provider, its legal representatives or vicarious agents are accused of intent or gross negligence. The liability of the provider for damage to life, limb and health and liability under the Product Liability Act remains unaffected. In case of breach of essential contractual obligations, the provider is liable for any negligence, but only up to the amount of the foreseeable damage.
The above limitations of liability also apply to companies affiliated with the provider as well as to personal liability of the employees, representatives, partners and vicarious agents of the provider and / or the companies affiliated with the provider.
11. FINAL PROVISIONS
German law applies.
Jurisdiction for actions by and against the provider is Hamburg. The provider is also entitled to claim clients at their general court of jurisdiction.
Last updated: 2019-02-07