I. Scope of application
The operator of this website is REVIERWELT MEDIA GmbH (REVIERWELT MEDIA). These General Terms and Conditions of Service (ALB) shall apply in the version valid at the time of commencement of use (registration, registration, advertising or other use) to all business relations between REVIERWELT MEDIA and the user of the websites (consumer or entrepreneur). Any General Terms and Conditions of Business or other terms and conditions of the User that deviate from these General Terms and Conditions of Business shall only apply to the extent that REVIERWELT MEDIA has consented in writing.
Consumers are those who are not entrepreneurs. Entrepreneur is a natural or legal person or a partnership with legal capacity that acts in the exercise of its commercial or independent professional activity when concluding a legal transaction (§ 14 Paragraph 1 BGB). If the entrepreneur does not act in the exercise of his commercial or self-employed activity, he shall also benefit from the rights intended for consumers and shall be deemed to be a consumer within the meaning of these General Terms and Conditions.
II. Data protection
III. Use of website content and rights
1. Reservation of availability
REVIERWELT MEDIA provides the information and services available on these web pages subject to reservation, in particular subject to their availability and/or compliance with the provisions of these GTC by the user.
2. Copyright protection of the websites
The contents of the websites are protected by copyright to the extent permitted by law. Unless otherwise provided by law in individual cases, any use (e.g. reproduction, distribution and/or making publicly available) of the protected content is only permitted with the prior written consent of REVIERWELT MEDIA. Even in the case of this consent, the protected contents may only be used with reference to the source. A special prior written consent by REVIERWELT MEDIA is required for the direct or indirect commercial use of the contents by the user.
Links to copyright-protected content on the REVIERWELT MEDIA websites are only permitted if the links lead directly to the REVIERWELT MEDIA websites or if access blocks are not circumvented. In addition, the link must be recognisable by third parties.
3. Copyrights to contents transmitted by the user
The copyright for the copyrighted content transmitted by the user remains with the respective author. However, by transmitting (e.g. uploading and/or sending by e-mail) such content, the user grants REVIERWELT MEDIA the non-exclusive right, unlimited in space, time and content, to use such content in physical and non-physical form for all types of use. This granting of rights includes, in particular, the right tied to the purpose of publication by REVIERWELT MEDIA to edit, reproduce, distribute or publicly reproduce the contents on the Internet on the websites of REVIERWELT MEDIA, in each case including use for advertising purposes for publication by REVIERWELT MEDIA (right of editing, reproduction and distribution as well as right of public accessibility).
1. Vser data
A registration is required for parts of the web pages. The use of these closed areas requires the age of majority of the user, the registration as well as truthful and complete personal data. The user is also obliged to inform us of any subsequent changes to personal data when next visiting the respective websites.
2. verification of user data and access blocking
REVIERWELT MEDIA reserves the right to verify the personal data of the user within the scope of what is legally permissible. In addition, REVIERWELT MEDIA reserves the right to block access to the closed areas at any time. Access shall be blocked in particular if the user has provided false personal details during registration or has otherwise violated these ALB.
V. Conclusion of a contract, use of news / data services and contract duration
1. Contractual partner
If a contract is concluded, the contract shall be concluded with REVIERWELT MEDIA. Further details about REVIERWELT MEDIA can be found here.
2. Conclusion of contract
The description of the services by REVIERWELT MEDIA does not constitute a legally binding contractual offer by REVIERWELT MEDIA, but is only a non-binding invitation to the user to make use of the services.
The contract shall be concluded in the following steps:
(a) By setting up a password-protected account via the registration function offered on the website, the user submits an offer to conclude a contract.
(b) After completion of the registration process, a contract shall be concluded between REVIERWELT MEDIA and the User for the provision of the contractual services by sending an e-mail confirming the registration to the e-mail address provided by the User.
REVIERWELT MEDIA shall save the text of the contract and send the user the order data together with the ALB by e-mail. The ALB can also be viewed by the user at any time on the REVIERWELT MEDIA website.
3. Use of news and data services
Before the user makes use of paid message/data services, he/she must provide his/her area-related user account with a credit balance. The credit will not be refunded.
The user is enabled to use the data transmission and reception system within the scope of the available technical possibilities and availability. Under no circumstances shall REVIERWELT MEDIA be liable for the successful receipt or delivery of data or text messages. REVIERWELT MEDIA shall take over the provision of the website and the data communication channels for the user using the data transmission/data reception system, which REVIERWELT MEDIA can access directly and without the mediation of third parties (Revierwelt system) to the agreed extent and communication format (namely data, SMS, e-mail and language) and subject to availability, of the Revierwelt system and the account for the input of text messages and/or the temporary storage of text messages and data for dispatch to the mobile telephone number designated by the user as the destination address and/or reasonable services with the aim of transmitting data, text or voice messages to the communication interface, call/mobile telephone numbers, e-mail address designated by the user. Revierwelt does not in any case owe the successful transmission or receipt of the data to be forwarded, text/voice message, but only the provision of the Revierwelt system and the initiation of one or more message/data transmission attempts. In particular, the user is aware that even if these services are performed in accordance with the contract, the data/messages to be forwarded may be delayed or lost, especially in the event of undeliverability or for other reasons outside the Revierwelt system (e.g. capacity limitations or the unavailability of the target mobile network or other network and other service providers via which the delivery and distribution of the data, text/voice message takes place). In particular, REVIERWELT MEDIA shall not owe the telecommunications services required for the data transport between the transfer point to the Internet through the Revierwelt system and the receiving device of the target number.
4. Duration of the contract and termination
The contract is concluded for a period of twelve (12) months (duration). It shall be extended by a further twelve months unless the user terminates the contract in writing (letter, fax or e-mail) with one month’s notice to the end of the respective term.
The right to terminate the contract for good cause remains unaffected. Good cause shall be deemed to exist, for example, if REVIERWELT MEDIA ceases to operate the Web pages.
VI. Prices, payment, due date
The prices per service rendered by REVIERWELT MEDIA shall be calculated on the basis of the price list published on the websites of REVIERWELT MEDIA. The price published at the time the services are used shall be authoritative in each case.
The prices are subject to change (Clause X).
The indicated prices always include the respective statutory value added tax and other price components.
2. Payment, due date
After the respective service has been used, billing is effected by automatic debiting of the individual price from the territorially-related user account charged with a credit in the user’s territorial administration.
The data/news service is only available with a positively charged user account. The user can view and check the account. The credit balance charged to the user account will not be refunded.
3. Exclusion of complaints
Complaints shall only be admissible with a period of one month after the claimed individual price has been debited.
4. Special regulations for users as entrepreneurs
The entrepreneur shall owe REVIERWELT MEDIA interest during the default period at a rate of 8 percent above the respective base interest rate on the respective monetary debt. We reserve the right to provide evidence of a higher damage caused by default interest. The entrepreneur shall only have the right to offset if his counterclaims are undisputed or have been legally established.
VII. Right of withdrawal for users as consumers
Right of withdrawal
You can revoke your contractual statement within 14 days without giving reasons in writing (eg letter, fax, e-mail). The period begins after receipt of this instruction in text form, but not before conclusion of the contract and also not before fulfilment of our duties to inform according to article 246 § 2 in connection with § 1 paragraph 1 and 2 EGBGB as well as our duties according to § 312g paragraph 1 sentence 1 BGB in connection with article 246 § 3 EGBGB. The timely dispatch of the revocation is sufficient to comply with the revocation period. The revocation is to be addressed to:
REVIERWELT MEDIA GMBH
Managing Director: Alexander Vinnai
In the event of an effective revocation, the services received by both parties shall be returned and any benefits derived (e.g. interest) shall be surrendered. If you are unable to return or surrender the goods or services received or their uses (e.g. advantages of use) to us, or if you are unable to return or surrender them in full or in part, or only in a deteriorated condition, you must compensate us for the loss in value. This can lead to the fact that you must nevertheless fulfil the contractual payment obligations for the period until revocation. Obligations to reimburse payments must be fulfilled within 30 days. The period begins for you with the dispatch of your declaration of revocation, for us with its receipt.
Your right of withdrawal expires prematurely if the contract is completely fulfilled by both parties at your express request before you have exercised your right of withdrawal.
End of the revocation instruction.
VIII. Liability of REVIERWELT MEDIA
Liability on the part of REVIERWELT MEDIA shall be excluded in the case of slightly negligent breaches of duty, insofar as these breaches of duty do not relate to essential contractual obligations or life, health or body or claims under the Product Liability Act. This shall also apply mutatis mutandis to breaches of duty by employees or vicarious agents of REVIERWELT MEDIA.
In accordance with this provision, REVIERWELT MEDIA in particular assumes no liability for the content made available by the users (e.g. personal and/or other data), in particular the completeness or accuracy of this content, and in all other respects no liability for disadvantages arising to the user from temporary unavailability of the website or parts thereof, from the loss of data or from similar technical problems. Accordingly, REVIERWELT MEDIA shall not be liable in particular for system failures, interruptions and/or disturbances in data transmission as well as for non-compliance with the instructions for use applicable to the offer of REVIERWELT MEDIA.
IX. Liability of the user
1. Liability of the user for the use of the password
The user is responsible for the secrecy and use of his password. In particular, the user is obliged to store the password with special care and to prevent third parties from gaining knowledge of the password. In the event of unauthorized use of the user’s password, the user shall release REVIERWELT MEDIA from any liability, unless he has exercised the care required in traffic. The user is obliged to inform REVIERWELT MEDIA immediately if there is reason to believe that the password is being used without authorization.
2. Liability of the User for its Information
The user himself is responsible for the accuracy and up-to-dateness of his personal and company details – including the right to use protected professional designations. If the user makes false statements or does not update his statements at reasonable intervals, the user releases REVIERWELT MEDIA from any liability with regard to his statements, unless he has exercised the care required in traffic.
3. Liability of the user for transmitted contents
The user assures and guarantees with the transmission of contents – no matter which contents – that these contents fully comply with the law. Above all, the user assures and vouches for the fact that he does not post any content on the websites that
– violate applicable law, legal or official prohibitions or morality,
– Violate the rights of third parties,
– are pornographic, offensive, threatening, harassing, vulgar, racist, otherwise discriminatory or otherwise objectionable,
– violate applicable regulations for the protection of minors or
– are to be regarded as misuse, in particular as spam.
In particular, the user assures and warrants with the transmission of content that he can freely dispose of this content vis-à-vis REVIERWELT MEDIA, above all to the extent of the granting of rights pursuant to Clause IV, and that the content does not impair or infringe any rights of third parties, in particular the right to his own image, the general right of personality (e.g. right to a name), the right to a trademark (e.g. trademark right), other industrial property rights and/or the copyright or ancillary copyright.
In the event that the User violates any of the insurances mentioned in this clause, in particular in the event that third parties assert rights against REVIERWELT MEDIA within the meaning of the above paragraphs, the User shall indemnify REVIERWELT MEDIA to the full extent, including the costs of legal defence, unless the User has exercised the care required in traffic. The user shall support REVIERWELT MEDIA in legal defence, in particular by providing information.
X. Reservation of changes/modifications
REVIERWELT MEDIA reserves the right to change the ALB and other conditions for the use of the Internet pages – including the price list – as well as the individual specifications at any time. REVIERWELT MEDIA will notify you of any change to these conditions by means of a reference on the websites.
The user gives his consent to the validity of the amended conditions insofar as he makes use of the websites of REVIERWELT MEDIA after publication of such a reference to the amendment.
With the publication of an amended version of these General Terms and Conditions, the previous versions shall lose their validity.
XI. Place of Performance, Applicable Law and Jurisdiction
In dealings between REVIERWELT MEDIA and the user, who is an entrepreneur, the exclusive place of performance and jurisdiction for all claims – to the extent permissible – shall be Wetzlar Local Court or Limburg Regional Court.
The law of the Federal Republic of Germany applies exclusively. This choice of law shall only apply to the consumer to the extent that the protection granted by mandatory provisions of the law of the state in which the consumer has his habitual residence is not withdrawn.
XII. Severability clause
If individual provisions of these ALB are or become invalid and/or void, the validity of the remaining provisions shall nevertheless remain unaffected. Invalid and/or void provisions shall be replaced in such a way that the intended economic purpose is achieved. This applies accordingly to the filling of gaps in the General Terms and Conditions.
XIII. Code of Conduct
REVIERWELT MEDIA has not submitted to any code of conduct.
Status of the ALB: September 2012.