The following GTC regulate the conditions for the use of this portal of Digital Diamant GmbH, Chopinstr. 1, 40789 Monheim, represented by Frank Mühlenbeck (hereinafter referred to as provider) for advertisers who can place advertisements or entries on the provider’s portal free of charge/for a fee.
The services of the provider can be accessed by visitors (i.e. users who wish to take note of the advertisements or entries).
By using the services of the provider, the advertiser agrees to the validity of these GTC. Conflicting general terms and conditions of advertisers shall only apply if the provider has accepted them in writing.
The provider reserves the right to adapt or amend the GTC at any time. In the event that the GTC are adapted or amended, these will be sent to the user by e-mail four weeks before they come into force. If the user does not object to the validity of the new GTC within four weeks after receipt of the e-mail, the amended GTC shall be deemed accepted. In the event of an objection, the provider has the right to terminate the contractual relationship. The provider shall separately inform the user of the significance of this four-week period in the e-mail containing the amended terms and conditions. However, this only applies to users who are using the provider’s services at the time the GTC are amended. The amended GTC shall take immediate effect vis-à-vis other persons.
2 Services of the provider
The Provider provides the portal on the Internet through which advertisers make their advertisements or entries available for digital publication. The advertisements or entries are published by the provider on his internet portal.
As a matter of principle, the provider does not review the advertisements or entries transmitted to him by the advertisers and can therefore neither guarantee their correctness, appropriateness nor quality. There is no entitlement to publication of the advertisements or entries.
Advertisers acknowledge that all entries and changes made are recorded in a log file, which serves to trace all activities.
3. conclusion of contract
The provision of advertisements or entries in digital form after agreement to these GTC is the advertiser’s offer to conclude a contract. The contract is concluded with the placement of the advertisement in the Provider’s portal. The text of the contract shall not be stored by the Provider. A contract can only be concluded in German. The advertiser receives an order confirmation from the provider via e-mail.
4. publication of advertisements/entries
Only advertisements or entries in digital form will be accepted. If advertisements or entries are sent in any other form, the provider cannot guarantee the performance of its service.
The advertiser, who is responsible for the content of his advertisements or entries, selects a category upon publication. The provider is entitled to change the selected category. In doing so, the provider does not make any editorial changes.
It is not permitted to place content on the Provider’s portal that violates legal regulations, the rights of third parties or morality.
The provider is entitled to delete advertisements or entries in the event of violations of statutory provisions or these GTC without justification and not to publish them. 5.
5 Publication of press releases
Press releases sent by a company for publication are checked by the provider before release. The Provider reserves the right to intervene editorially in the texts and headlines in order to ensure that the reports relate to the portal, to offer additional added value for the readers and thus to maintain the attractiveness of the offer. The provider shall not make any adjustments that change the meaning.
It is not permitted to place content on the Provider’s portal that violates legal regulations, the rights of third parties or common decency.
In the event of violations of statutory provisions or these GTC, the Provider is entitled to delete press releases without justification and not to publish them.
6 Obligations of the advertiser
The advertiser undertakes to provide complete and truthful information with regard to the contents of the advertisement. Only serious offers may be placed in the provider’s database. The advertiser’s login data must be kept protected from access by third parties.
The advertiser guarantees that he has all the necessary rights with regard to the content he has placed in the provider’s database, that the use and/or exploitation of this content does not conflict with the rights of third parties and that the content placed does not violate the provisions of these GTC or legal regulations. In the event of a breach of this guarantee or its obligations, the advertiser releases the provider from any liability in accordance with the last paragraph of this regulation.
The advertiser undertakes to update the respective advertisements if necessary and to make changes (e.g. addresses, telephone numbers) independently. If this is not technically possible, the advertiser shall inform the provider via e-mail about necessary updates.
The advertiser undertakes to indemnify the provider and/or companies associated with him as well as his employees, representatives, shareholders and vicarious agents of companies associated with him from all claims asserted by third parties against the provider and/or companies associated with him as well as his employees, representatives, shareholders and vicarious agents of companies associated with him due to the infringement of their rights by the content posted by the user or due to other use of the provider’s services by the user. The advertiser assumes all costs of the necessary legal defence by the provider, including all court and lawyer’s fees, upon first request.
7. granting of rights
By transmitting his advertisements or entries, the advertiser grants the provider the free, simple, spatially and temporally unlimited right of use to use, modify, publicly present, make publicly accessible, reproduce, distribute and offer for download the transmitted content on or via his services.
Advertisers acknowledge that third parties have the possibility to link to the published content from external websites (for example Facebook, LinkedIn, Myspace etc.), forums or similar. In some cases, an excerpt of the text or a “thumbnail”, i.e. a miniature version of a photo or image, is published on these external websites in addition to the link. Advertisers expressly agree to such publication of excerpts of their text and/or thumbnails of their images and photos on external websites due to the linking and grant the provider as well as other users of the provider’s website all rights required for this.
The advertiser agrees that the provider may place advertisements or promotions in the environment of the content provided by the advertiser.
8. contract period
Advertisers may cancel their free entry in the service provider database at any time without notice by e-mail. Otherwise, the term of the contract shall be determined by the price list or by individual contractual provisions.
9. rights to the database
All rights (copyrights, trademark rights and other protective rights) to the database work, the database and the posted contents, data and other elements lie exclusively with the provider. Any rights of the advertisers to the content they have posted remain unaffected by this.
Copyright notices or other property right notices on the Provider’s website may not be changed.
The contents of the Provider’s database may under no circumstances be used to create one’s own database in any media form or for commercial data exploitation or the provision of information.
The integration or other linking of the database or individual elements of the database with other databases or meta-databases is not permitted. The provider reserves the right to rework the contents transmitted to him.
The provider reserves the right to reject, change or completely delete orders due to illegal violations of their content or due to their technical form according to uniform and objectively justified principles or to terminate the business relationship without notice.
The contract may be terminated by the advertiser at any time. For this purpose, it is sufficient to send an informal notice of termination stating the e-mail address, the client and the corresponding password to the e-mail address of the provider communicated upon confirmation of the order.
The ordinary termination of the advertiser has no influence on his obligation to bear the costs for the agreed term in the case of the fee-based variants.
The databases and other technical devices provided by the Provider correspond to the current state of the art. Nevertheless, temporary restrictions in the accessibility of the Provider’s services may occur due to problems beyond the Provider’s control (force majeure, fault of third parties, etc.) or due to maintenance work. The provider assumes no guarantee for the constant accessibility or retrievability of the advertisements or entries and is not liable for downtimes due to necessary care and maintenance work or newly emerged errors, insofar as these were not foreseeable and can also occur to a conscientious average programmer. Likewise, liability is excluded if advertisements or entries are not included or not included on time due to a short-term disruption of the system.
12. limitations of liability
Any claims for damages against the Provider are excluded, irrespective of the legal grounds, unless the Provider, its legal representatives or vicarious agents can be accused of intent or gross negligence. The liability of the provider for damages to life, body and health as well as the liability according to the product liability law remains unaffected. In the event of a breach of material contractual obligations, the provider shall be liable for any negligence, but only up to the amount of the foreseeable damage.
Claims for damages against the provider shall become statute-barred after the expiry of 12 months from the date on which they arose. Excluded from this are claims based on intent or a tortious act or claims arising from the Product Liability Act.
The aforementioned limitations of liability also apply to companies affiliated with the Provider as well as to personal liability of employees, representatives, shareholders and vicarious agents of the Provider and/or companies affiliated with the Provider.
The services of the Provider are partly free of charge and partly subject to a charge. The prices published on the Provider’s homepage at the time of the order plus the statutory value added tax shall apply.
The invoice is issued directly after the order is placed. The total fee shown in the invoice is due within 7 days of the invoice date. The invoice will be sent by e-mail.
14. default of payment
If payment deadlines are exceeded, the provider is entitled to charge interest on arrears. If the advertiser is in arrears with due payments, the provider is entitled, even without setting a grace period, to block the advertiser’s entry until the outstanding amount has been received.
15 Final provisions
German law shall apply exclusively. The place of jurisdiction for all claims arising from and on the basis of the use of the Provider’s services is Cologne, Germany, provided that the advertiser is a merchant within the meaning of the German Commercial Code (HGB). The same applies if the advertiser moves his residence abroad after conclusion of the contract or has no general place of jurisdiction in Germany.
Verbal subsidiary agreements do not exist. Amendments to these GTC must be made in text form. This also applies to the cancellation or amendment of this text form clause.
Should individual provisions of these General Terms and Conditions be wholly or partially invalid or lose their legal validity wholly or partially at a later date, this shall not affect the validity of all parts of these General Terms and Conditions not affected thereby. The invalid provision shall be replaced by the statutory provisions. The same applies if these GTC contain loopholes.
Status: January 1st, 2021