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General Conditions Vollbild raw automatic english translation automatische Rohübersetzung deutsch crue traduction automatique français

General Conditions

§ 1 - Basics
a) Hans-M. Huber and Dietmar Gerster (in the following called „owner") are running a tele-service under the internet-address http://www.famous-for-one-day.com/, which allows users, to publish texts and/or photos at this address for what they have to pay for.
b) With the registration to participate on the service the user acknowledges these General Conditions as the only basis of all services. In case that the Business Conditions of the user totally or partly differ from this, they are not becoming part of the contract, even when they are not emphatically contradicted. There are no collateral agreements. The user also assures, that he totally and honestly gave his personal data - especially his name and his correct actual address - and that he immediately will inform the owner of errors and changes. Registration in the name of a third person is prohibited.
c) In case of a gross contravention by the user against these General Conditions the owner is entitled to charge 200 Euro as contractual penalty; besides claiming possible indemnification and other compensation.

§ 2 - Setting a page on ‘Ready to be published'
a) Contents
Before publishing a page the contents of this page is inspected by the owner. Not allowed are

  • contents which are illegal according to the laws of Germany,
  • pornographic or sexually oriented contents,
  • politically, religious or ideologically extremistic contents,
  • racial or discriminating contents, or contents that glorify violence,
  • insulting, calumniating or threatening contents,
  • excessively vulgar language,
  • hacking and cracking,
  • dialers,
  • offers to disrespectable businesses (f. e. „snowball systems" or „chain-letters"),
  • offers to gambling or casinos,
  • excessively advertising,
  • banner advertising for other sites, affiliate advertising links to other sites,
  • pop-up-, pop-under- or exit-windows as well as scripts, which disturb the navigation of the website,
  • URLs, which reload other sites by scripts or metatag or which free from iframe,
  • doubtful offers to partnership arrangements,
  • selling or promotion of medicine or drugs which you only get when prescribed,
  • selling or promotion of weapons, f. e. fire arms, ammunition, butterfly knives or brass knuckles,
  • selling or promotion of beer or high-proof alcohol,
  • selling or promotion of tobacco or tobacco related products,
  • selling or promotion of products, which are copies or imitations of designer articles

 

or which contain in any other way disrespectable, dubious, tactless or immoral contents or apply or are linked to these kind of page in a considerable matter.
In case of a negative inspection the user is informed by e-mail and then has the opportunity for one single time to once more submit a newly edited version (according to the General Conditions). If this doesn't happen in the given period of time the claiming of getting the page set on "Ready to be published" expires. If money has already been paid, this is not refunded.
b) Refusal
The owner reserves the right to reject single pages as well as single days/dates even without giving reasons; in this case the amount of money that has already been paid, is refunded.

§ 3 - Language
On the page which is supposed to be published, only texts, letters and signs in English or German are accepted.

§ 4 - Data's security
The personal user's data are electronically stored and processed by the owner only for their own means. According to the laws of data-protection the user's data are confidentially processed and they won't be given to a third party without the explicit user's approval. An exception is when a third party is able to expose a justified interest in getting to know certain data.

§ 5 - Publishing time
The publishing time starts at 0 o'clock MEZ of the chosen day. The content of that day stays available online without a time limit as a part of the website on the corresponding day; there is no guarantee for this.

§ 6 - Rights
The user declares, that he himself owns every right on the texts, pictures, photos, models, types, patterns and designs which are transferred to the owner, and that he passes on these rights - not exclusively - to the owner for publishing these data on http://www.famous-for-one-day.com/. That means: the user is explicitly giving the permission to the owner, to use the transferred data for the reason of publishing them on http://www.famous-for-one-day.com/. The user also declares, that with the content of his page no trade-marks will be infringed.

§ 7 - Changes
a) Owner's area
The user agrees that the owner can change the design of the website at any time without announcement, what may result in a different design of the user's area.
b) User's area
After receiving the user's data for the publishing site, the owner doesn't accept any user's wishes for changes. He owner also reserves the right for himself, to change design and/or content of a user's site (keeping the sense of it), in case this is necessary from the owner's subjective feeling.

§ 8 - Payment
a) Payment of the user
The user is obliged to pay right after sending his contents the price of 49 Euro for the publication on the selected day. The payment goes by PayPal or remittance. The price can be changed by the owner at any time, also without announcing this before, but not for already paid contents/days.
b) Payment back to the user
In case that the publishing doesn't happen punctually because of technical problems, the user gets back the full amount of money that has already been paid. This is also the case that a user's site-content is rejected without giving reasons.

§ 9 - Manipulation
Every form of action is not allowed, that can burden the owner's server in an unreasonable way or that can disturb the regular working-service.

§ 10 - Exclusion of liability
a) Links
On this website there are links to other sites in the internet.
The owner emphatically declares, that he has no influence on the design and the content of the pages, that he has links to. Therefore he can not take over any guarantee for the topicality, correctness, completeness or quality of the information presented there. This is why the owner hereby emphatically disassociates from all the contents of these sites. This declaration is valid for all the links to external sites on our sites and all the contents of these sites, where these links lead to.
b) Contents
The contents of these websites are investigated and processed by the biggest possible exactness. Yet the owner doesn't take over any liability for the correctness, completeness and topicality of the presented information.
c) Utilization
The owner isn't held responsible for damages, which occur to the user or a third party by the utilization of this service.

11 - Changing the General Conditions
The owner reserves the right for himself, to change the General Conditions at any time and without giving reasons. User's, whose sites have not already been published, shall be informed by e-mail about relevant changes. They are regarded to be accepted when the user does not object in writing within seven days upon notification.

§ 12 - Notice of termination
The user has the right to cancel his contract with the owner at any time. The user's contents published by the owner by order of the user then will be taken out of the online offer. Money that has already been paid will not be refunded.

§ 13 - Place of performance and Jurisdiction
Place of performance shall be the city of Koblenz. The only place of Jurisdiction for all matters in dispute, which result from these General Conditions, shall also be the city of Koblenz; as long as such a place can be agreed upon. German law shall be applicable.

§ 14 - Invalid Clauses
The inoperativeness of one or several provisions of said General Conditions, or when one or several provisions of said General Conditions should lose their operativeness because of later occurring circumstances, this does not affect the validity of the remaining provisions. In such case a provision is applicable which meets best the legal and economic aim of the inoperative provision of what the Parties would have wanted, if they had thought about that specific point. This is also valid for lacks in these General Conditions. It does not apply in case complying with the terms of the Contract would constitute unreasonable hardship for one or both of the Parties.

Last Updated ( Donnerstag, 15 März 2007 )
 
 
 
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