General Terms and Conditions of Business
§ 1 Validity of General Terms and Conditions of Business
- These General Terms and Conditions of Business apply to contracts between us and our customers who transmit/stream or have transmitted/streamed content/events on our website or via our infrastructure against payment or free of charge as well as who make use of our services in connection therewith.
- These General Terms and Conditions of Business apply to any service provided by us in this context.
- Deviating general terms and conditions of the customer shall not apply, even if we have not expressly objected to them.
§ 2 Conclusion of contract, subject matter of contract and terms of payment
- Insofar as we make content available to third parties (= users) for organizers (= our customers) via our infrastructure, we conclude such contracts exclusively with companies as defined by § 14 of the German Civil Code (BGB), and not with consumers.
- Within the scope and for the duration of the contractual relationship, we keep the content and data provided by the customer available on our own or third-party servers for online retrieval.
- We are expressly not obligated to backup or secure the customer's content. The customer is responsible for backing up its own content.
- The payment claim shall not be lost as a result of our exercising or fulfilling contractual or statutory rights or obligations, unless these General Terms and Conditions of Business or the law regulate the fate of the payment claim.
- If payment is delayed, we are entitled to block access to the customer's data. The obligation to pay and the assertion of the statutory damage caused by delay remain unaffected.
- Our services may not be used for illegal or unlawful content or its distribution, in particular not for sexist, pornographic, extremist, racist, anti-Semitic, glorifying violence, offensive, inflammatory, inhumane, prohibited or other content contrary to public decency.
- Details of payments to us:
- Insofar as we collect monies from third parties on behalf of the customer (e.g. users who purchase tickets for the events), we may offset these monies against any outstanding receivables due from the customer.
2.Our fees for making the platform available and providing the agreed services are generated from the payments made by the ticket purchasers.
- Details for the case of reversals after event cancellations or cancellations:
- Insofar as we incur costs or expenses as a result of any reversals of admission ticket authorizations, these are to be reimbursed appropriately by the customer if we are not responsible for the reversal.
- The customer can cancel or terminate his event at any time via our website. If this occurs before the end specified to the users, we will inform the users.
- In the event of premature termination of the event, users will receive a full refund of the ticket fees paid. There will be no deduction or settlement for the part of the event that has already taken place.
- Reimbursement to users will be made by us in accordance with the following provisions.
- If the previous revenue has already been disbursed to the customer, he will receive a request for payment from us in the amount of the ticket money to be disbursed plus our fees for the reversal, which cover this expense. As soon as we receive these amounts, we will make the payout to the users without delay.
1.The reversal by us only concerns ticket sales if there are less than 180 days between the time of ticket purchase (not the time of payment) and the time of refund after cancellation by the customer. Thus, if the customer has already sold tickets before this period, including via our platform, this reversal must be carried out by the customer himself.
- If we are unable to make the refund to the user within 14 days or within 2 transfer attempts, further processing will be done by the customer. We will inform the customer of our efforts and return any funds related to this refund attempt to the customer.
- If we do not receive the requested funds in full, we will reverse in the chronological order that we process oldest ticket purchases first.
- Insofar as the customer has set up presale offices himself or has carried out ticket sales in whole or in part, the relevant reversal shall not take place through us.
- In any case, insofar as we are not at fault for the premature termination, we may retain or demand the fees agreed for the ticket sale (see above § 3 paragraph 7).
- In the event that users should make a claim against us in respect of the refund, the customer shall be obliged to indemnify us in full against any additional costs, insofar as we are not at fault for the claim.
§ 3 RESPONSIBILITY OF THE CUSTOMER
- The customer assures that he is authorized to pass on and distribute the data and content he has supplied and that he, for his part, will comply with the provisions of data protection law.
- This also applies if the customer provides us with materials, texts, photos, music, etc. ("content") and commissions us to produce a video or similar from the content provided.
- The customer is responsible for the correctness, completeness and legality of the data supplied by him. He expressly assures and guarantees that his content and data are compatible with the applicable law and that he has all the necessary rights to the contractual use and exploitation of this content on the Internet.
- The customer is responsible at his own expense for paying any license fees that may be due to collecting societies or rights holders for his content and, if necessary, for obtaining the necessary rights there for use in accordance with the contract.
- The customer may be subject to the law of the state in which his content can be accessed; this is the sole responsibility of the customer.
- It is once again made clear that we do not check the legality of any content provided and/or posted by the customer ourselves, but that the customer is solely responsible for this.
- Otherwise, the customer is exclusively and solely responsible for the proper execution of the contract with its users.
- Otherwise, the customer is responsible unless we are expressly responsible under these General Terms and Conditions (especially Section 4) or an individual agreement.
- For the rest, Section 6 applies in particular.
- The customer fully indemnifies us from all disadvantages and claims by third parties that we incur in relation to the content posted by him or content/data originating from him or provided by him or breaches of duty committed by him towards users (potential or actual customers of the customer). , insofar as we are not responsible for them ourselves.
Exemption obligation shall continue to apply after the end of the contract, in particular insofar as
- the drawdown is based on an infringement of rights or a breach of duty during the term of the contract;;
- the infringement is found even after the content has been removed from our offers via, for example, the Google cache or the web archive;
- the infringement occurred after the end of the contract and we are not explicitly responsible for the removal of the infringing content from the Internet portal;
- the breach of duty occurred during the initiation or execution of the contract with a user (potential or actual customers of the customer) after the end of this contract.
§ 4 OUR RESPONSIBILITY
- Unless expressly agreed, we are not involved in the creation and production of the customer's content, and are therefore not responsible for it. This also applies if we modify this content for technical reasons so that it can be made available to users via our infrastructure.
- We are not responsible for the data material, but only the customer himself. This refers in particular, but not exclusively, to the content, accuracy, timeliness, design and completeness of the content. We do not check the contents for legality or lawful licensing.
- Insofar as we take over the manufacture and production for the customer in accordance with the order, we are not responsible for the examination or control of content or the use of rights that the customer contributes, contributes or makes available to us.
Insofar as we procure materials and content or commission authors/artists in accordance with the order in the name and for the account of the customer, the customer is responsible for checking the content or use of rights.
- These regulations on our accountability affect pricing. In order to be able to maintain favorable prices, we must keep our responsibility as low as possible. If the customer wishes us to assume further responsibility, this must be expressly agreed and remunerated separately.
- Insofar as we procure materials, content or commission authors/artists, we are exclusively responsible for ensuring that the customer obtains the necessary rights for the contractual exploitation on our platform and this only if we have been expressly commissioned for the procurement and commissioning in our own name and for our own account.
§ 5 OUR RIGHTS
- We are entitled to carry out maintenance work on our own and third-party servers and databases etc.. We will keep disruptions to data retrieval as low as possible. Maintenance work will therefore primarily be carried out outside normal business and office hours, if possible. Should there nevertheless be impairments on the part of the customer, there shall be no entitlement to a reduction in payment, termination of the contract or to the assertion of claims for compensation, unless the impairments would be unreasonable for the customer.
- We are entitled to temporarily block access to individual data supplied or to delete such data if third parties credibly claim infringement of rights through publication of the data or if there are justified doubts about its legality for other reasons. The claim to remuneration shall remain unaffected in such cases. If the customer does not succeed in proving the legality within the deadline set for this purpose, we shall be entitled to terminate the contract for cause.
- We are entitled to view the contents of the customer.
- We may use the Promoter's name and logo and the description of its content for our own promotional purposes to a reasonable extent.
§ 6 RIGHTS OF USE
- The customer is solely responsible for all content posted by him.
- The customer undertakes to protect the rights of third parties, in particular their personal rights as well as trademark, usage, ancillary copyright and exploitation rights.
- Insofar as the customer posts images, texts, videos and the like, he assures either that he himself has the necessary rights for this (e.g. by writing the text himself, taking the picture himself) or at least that he has obtained the necessary permission in advance from the respective rights holder (e.g. the author of the text, the photographer of the picture, the persons depicted).
- The customer undertakes not to post any pornographic, immoral or illegal content of any kind. This includes, for example, content that is harmful to young people, radical right-wing or left-wing, offensive, inhuman, glorifies violence, insulting, slanderous or other comparable content. The same applies to links to such or comparable content.
- Content that is suspected of infringing the rights of third parties can be corrected, blocked or deleted by us at any time without consultation; we will point this out to the customer immediately.
- As far as third parties claim a violation of rights by contents of the customer, we can correct, block or delete these contents at any time.
- The customer is responsible for ensuring that the content he posts is free of malware, viruses, Trojans or other programs or code that could endanger or impair the functionality or existence of the platform.
- The customer undertakes to check compliance with these regulations in each case before posting content and also to check it regularly thereafter. Insofar as we have taken over the production or creation of the content for the customer in accordance with the order, the customer is obligated to check compliance with these regulations, if necessary, again or for the first time when posting this content on our platform, regardless of whether the posting is carried out by us or by him; the customer can demand to receive the content for inspection in advance for this purpose.
- For the rest, the following applies in particular § 3.
§ 7 BLOCKING AND DELETION
- We are entitled, but not obliged, to remove, block or delete content from our offer that is in breach of contract or illegal. This also applies if third parties assert claims for deletion, removal or injunctive relief against us.
- We are not obliged to check the legality of such claims beforehand.
§ 8 SITE RIGHTS
- We alone are entitled to all trademark rights, rights to business designations, naming rights, trademark rights, copyrights, ancillary copyrights and other rights to the website, its individual graphic and textual elements and its functionalities and services and may not be used, distributed, copied, reproduced, made publicly accessible, performed, broadcast or otherwise used.
- We transfer to the customer a non-exclusive and non-transferrable or sub-licensable right to use any software and hardware that we make available under the contract.
- The customer undertakes to use this software and hardware exclusively for the intended purpose of the contract.
- A transfer of exploitation or other rights to the customer does not take place.
§ 9 DEFECTS OF MATERIAL AND TITLE / LIABILITY
- We do not guarantee any specific accessibility for the use of the Internet offer. We endeavor to enable maximum availability within our own sphere of influence. However, the customer is aware that constant availability cannot be guaranteed since the function and availability of the Internet are not within our sphere of influence. We can therefore assume no liability for insignificant or short-term impairments in the usability of our website and the retrievability of individual content. We assume no liability for access restrictions due to force majeure or other circumstances beyond our control.
- Special or specific appointment requests for configuration, online placement or other services must be expressly agreed with us in writing.
- We assume no liability for the content, data and/or information provided by the customer or for content on linked external websites. In particular, we do not guarantee that this content is true, up-to-date or complete, that it fulfills a specific purpose or can serve such a purpose. We are also not obliged to check this.
- In principle, a prerequisite for the elimination of faults and defects is their timely notification. Claims due to obvious defects that are not reported in writing within two weeks of becoming aware or the opportunity to become aware of them are excluded.
- The warranty is given primarily through subsequent improvement. If the repair fails twice, the customer has the right to reduce the payment or to terminate the contract.
- We are fully liable for any injury to life, body or health for which we are responsible. This also applies in the case of liability under the Product Liability Act or in cases of intent or grossly negligent breach of duty. We are also liable for damage resulting from slightly negligent breaches of essential contractual obligations, but then limited to the typical average damage foreseeable at the time the contract was concluded.
- We do not promise any specific or concrete positioning or ranking on other sites such as Google, Yahoo, Bing or other websites / search engines, specific click rates or download numbers.
§ 10 CONTRACT TERM
- The contract is initially concluded for a period of 1 year from the conclusion of the contract.
- Each contract is automatically extended by a further year if it is not canceled at least 3 months before the end of the current year.
- We are not obliged to back up or store the customer's content after the end of the contract or to continue to do so after the conclusion of the contract. The customer is obliged to independently back up his content in good time.
§ 11 OFFSET, ASSIGNMENT, RETENTION
- The customer may not offset his own claims against our claims unless his own claim has been legally established or is undisputed.
- The customer may only assign claims from the contractual relationship with us to third parties with our prior consent.
- The customer is only authorized to exercise a right of retention insofar as his counterclaim is based on the same contractual relationship and is undisputed or legally established.
§ 12 PLACE OF JURISDICTION AND PERFORMANCE
- Our place of business is agreed as the place of jurisdiction for disputes arising from the contractual relationship. However, we can also sue at the customer's place of jurisdiction or at a legally exclusive place of jurisdiction.
- Place of performance is our place of business.
§ 13 GOVERNING LAW, Governing Language, Governing Law
- The law of the Federal Republic of Germany shall apply exclusively, excluding conflict of laws.
- Should a clause of these General Terms and Conditions be or become invalid, the remaining clauses shall not be affected.