Terms and Conditions
of bbkus webservices, Owner Stefan Zerbst
Preamble
1. Services
1.1 Offer
1.2 Realisation of a contract
1.3 Vouchers
1.4 Copyright
1.5 Updates
1.6 Free webfunctions
1.7 Off times
2. Remuneration
2.1 Fee
2.2 Type of payment
3. Payment Dates/Terms
3.1 Immediate falling due
3.2 Duty to give notice in case of disruptions
4. Delay
5. Client's Duties and Obligations
5.1 Exclusive purpose
5.2 Concealment of access data
5.3 Infringement
6. Duration of Contract, Cancellation, Withdrawal
6.1 No subscription
6.2 Withdrawal and revocation excluded
6.3 Extraordinary cancellation
7. Limitations of Liability
7.1 Damage by use
7.2 Replacement of data files lost
7.3 Damages by third parties
8. Concealment, Data Protection
8.1 Concealment
8.2 Data protection
8.3 Data Protection Law
8.4 Third parties
9. Free Configuration of Internet sites
10. Final Provisions
10.1 Place of jurisdiction
10.2 Offset of contractual obligation
10.3 Salvatory clause
10.4 Law
Preamble
The following General Terms and Conditions are applicable for all contracts concluded with bbkus webservices even if not explicitly mentioned in subsequent contracts. They are also applicable in case the contractual partner referred to his own Terms and Conditions at the date of contract conclusion unless these are explicitly agreed upon.
1. Services
1.1 Offer
bbkus webservices operates several Internet sites. The photos displayed on these sites are an offer to Client to get access to a chosen bbkus-website against payment for a period selected by him. The opportunity is offered to Client to catch sight of bbkus webservices' complete offer in advance at no charge. All photos contained in the offer can be seen on the website as mini photos, so-called "thumbnails" without previous registration or logging in. The offer contains only these photos which can be seen, there aren't any hidden galleries etc.
1.2 Realisation of a contract
During the process of registration Client chooses the bbkus-website(s) for which he requests access as well as the duration of access. The contract for a timely limited access to the page(s) chosen is entered into by the unlocking of the booked site(s) by bbkus webservices. At this moment the right is granted to Client to magnify all photos by clicking on the thumbnails only on the chosen website and download these on his hard disk. Neither the contract nor the access are transferable to other persons. The contract shall expire when the booked time period elapses.
1.3 Vouchers
Vouchers for the services offered by bbkus webservices are explicitly transferable to third parties. Client, however, shall provide that the access of third parties to the booked websites is limited to the service stated in the voucher with regard to type and duration.
1.4 Copyright
The owner of bbkus webservices, Stefan Zerbst, is the photographer of the photos displayed and, therefore, the owner of the related copyrights. He grants to Client the rights of use for the photos downloaded within the booked time period only for private use. Client shall not be entitled to process the photos and/or to put in circulation copies of these photos – somehow or other – against payment or free of charge.
1.5 Updates
bbkus webservices shall use its best endeavours to update regularly the Internet sites operated by them and to grant a continuous high quality of the photos. Client, however, shall not be entitled to a certain quality or a certain frequency of the updates.
1.6 Free webfunctions
bbkus-websites may contain free functions such as a forum or a user gallery. There is, however, no entitlement for the use of such functions for Client, even if he has acquired an access.
1.7 Off times
If bbkus webservices cannot grant to Client access to the booked websites for reasons for which bbkus webservices is responsible, Client's period of access shall be extended for such a period during which Client could not get through to the booked sites. This is, however, only applicable if Client notified the disturbance and its duration early enough according to item 3.2 of these Terms and Conditions. If it is revealed that Client or a third party are responsible for the disturbance notified, Client's right to an extension of the booked period does not apply. If Client already called in to the extended period he shall then be obliged to pay the actual fee in accordance with item 2 of these Terms and Conditions for the extended period.
2. Remuneration
2.1 Fee
Remuneration shall be paid in accordance with the prevailing fees indicated by bbkus webservices. The price complies with the number of the websites chosen as well as with the access duration chosen per website. Prior to conclusion of contract the prevailing fees are disclosed to Client on the relevant Internet sites of bbkus webservices.
2.2 Type of payment
Client can pay by prepayment (bank transfer or PayPal transfer). Other types of payment are at the present time not intended and possible only after consultation with bbkus webservices. The currency EUR may be used.
3. Payment dates, Terms
3.1 Immediate falling due
Remuneration falls due immediately after placing the order with obligation to pay, unlocking of the access to the booked sites will be made by bbkus webservices after receipt of payment.
3.2 Duty to give notice in case of disruptions
If any technical or other difficulties occur after unlocking of the booked sites by bbkus webservices, Client shall be obliged to describe these immediately to bbkus webservices. for communicating the difficulties occurred Client shall choose the fastest means of communication which is reasonable for him.
4. Delay
If the payment is cancelled and/or redebited by the ordered banks, bbkus webservices shall be entitled to block immediately the unlocked access to its Internet sites. This blocking shall only be withdrawn if and when payment including costs for redebiting and cancellation has been effected completely by Client.
5. Client's Duties and Obligations
5.1 Sole purpose
Client shall be obligated to use the access to the booked websites and to download the displayed photos on his PC only for permitted purposes. He shall especially observe photographer's copyrights and the personal rights of the persons represented. Client is entitled to use the photos only for a private purpose. He shall explicitly not be entitled to treat, exploit, pass on or circulate the photos somehow or other.
5.2 Concealment of access data
Moreover Client shall be obligated to keep secret his access data to the booked Internet sites of bbkus webservices. He is explicitly not entitled to make available his access data to third parties.
5.3 Voucher data
The voucher data are the only exception for the interdiction to pass on data to third parties. for the assignment of a voucher, however, only the voucher data may be passed on and not user name nor password (access data).
5.4 Infringement
If Client violates his obligations stated under items 5.1 and 5.2, bbkus webservices shall be entitled to block immediately Client's access to his Internet sites – also to booked sites. In such case Client shall not be entitled to a pro rata repayment of the fee already paid. The assertion of further compensation by bbkus webservices shall remain unaffected.
6. Duration of Contract, Cancellation, Withdrawal
6.1 No subscription
The contract is in force for the period booked by Client. It shall not be extended automatically. Giving ordinary notice of termination shall be excluded.
6.2 Withdrawal and revocation are excluded
As bbkus webservices performed its contractual basic obligations by unlocking the booked sites and thereby enabling an immediate download, a withdrawal or revocation of the contract shall be excluded due to the nature of such services.
6.3 Extraordinary termination of contract
The right for an extraordinary termination of contract remains unaffected for both contractual parties. It is compulsory that such termination is declared in writing.
7. Limitations of liability
7.1 Damages by use
bbkus webservices shall not be held liable for damages occurred by the use of its Internet sites or the downloaded photos. bbkus webservices does not assume any liability for violations of copyrights or personal rights of third parties by third parties or by Client. This shall not affect the liability for damages caused by gross negligence or intentionally by the Owner or by employees or assistants of bbkus webservices.
7.2 Replacement of lost data files
Moreover bbkus webservices shall not be liable for the replacement of photo data files lost.
7.3 Damages by third parties
bbkus webservices shall not be liable for damages caused by third parties or for which third parties are responsible.
8. Concealment, Data protection
8.1 Concealment
The contractual parties commit themselves to keep secret all information received through the contractual relationship about the other party for an unlimited period. bbkus webservices especially grants to Client that his data are only filed for the fulfilment of the contract purpose. A transfer of data to third parties for commercial use will not take place. bbkus webservices reserves the right to use data for statistical purposes. The exploitation of the data for statistical purposes shall only be effected by persons who committed themselves to secrecy. The results of the statistical analysis are made anonymous.
8.2 Data Protection
Client is entitled to request the deletion of his entries in the data bank of bbkus webservices at any time. Client is aware that by deleting his entries from the data bank all his access entitlements and vouchers become lost. A duty of replacement of bbkus webservices to Client for damages caused by such deletion, especially the repayment of fees already paid shall, however, be excluded.
8.3 Data Protection Law
The contractual parties shall observe the legal provisions of data protection.
8.4 Third Parties
The contractual parties shall indicate these obligations to third parties involved.
9. Free configuration of Internet sites
bbkus webservices shall be absolutely free concerning the configuration of its Internet sites. bbkus webservices shall be explicitly entitled to delete photos from the websites and/or get up new photos into the website, to change the layout as desired or to extend the offer by new functions or to turn off functions without previous consultation with Client. bbkus webservices guarantees, however, the constant quantity of the photos.
10. Final provisions
10.1 Place of jurisdiction
If Client has no general place of jurisdiction in Germany, Efringen-Kirchen shall be the exclusive place of jurisdiction for any disputes possibly arising between him and bbkus webservices.
10.2 Offset of contractual obligation
Client may declare an offset of his contractual obligations towards bbkus webservices only with acknowledged and legally ascertained claims.
10.3 Salvatory clause
If any provision of the above regulations is or becomes ineffective in whole or in part, this shall not affect the validity of the remaining provisions. The ineffective provision shall be replaced by a regulation which meets or comes near the contract's purpose or from which it can be supposed that the parties would have chosen it if they had known the ineffectiveness of such provision.
10.4 Law
The application of the UN Convention on Contracts for the International Sales of Goods shall be excluded.
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