GTC Componeers GmbH

Here you will find the General Terms and Conditions (hereinafter referred to as “GTC”) of Componeers GmbH, which apply to the use of the services of Componeers GmbH services.

For a service requiring registration with Componeers GmbH, you must give your consent to the terms of use applicable to the use of this service. applicable terms of use for the use of this service. To do this please click on the “Agree” field or tick the box in the context of the consent by ticking the box in the opt-in procedure. By clicking on the field “Agree” or ticking the box, you declare that you have read the GTC and agree with them. and that you agree with them. You can also print out or download them.

1. SCOPE OF APPLICATION

  1. The GTC shall apply to all services offered to the user on the Componeers GmbH website, in particular to the paid content & services, the competitions and the marketplace and community area.
  2. Deviations from these GTC or special terms of use for individual services shall only be deemed to have been agreed if they have been expressly confirmed in writing by Componeers GmbH. In particular, the mere omission of an objection by Componeers GmbH to other GTC shall not mean that they are deemed to have been agreed.
  3. Componeers GmbH shall be entitled to amend these GTC at any time. Componeers GmbH shall inform the user in good time of any changes to the GTC applicable to the user. The amendment shall be deemed to have been approved by the user if the user does not object to the amendment or terminate the contract within one month of receipt of the notification of amendment. In the event of an objection, Componeers GmbH shall be entitled to terminate the contract in due time. In the notification of the changes, Componeers GmbH shall make special reference to the possibilities of objection and cancellation, the deadline and the legal consequences, in particular with regard to a failure to object.
  4. Within the scope of the amendment of the GTC, Componeers GmbH shall in particular be entitled, in the event that a condition is invalid, to supplement or replace it with effect for existing contracts, in the event of a change in a statutory provision or supreme court judgement, if one or more conditions of the contractual relationship are affected by this change, to adjust the affected conditions in such a way as to correspond to the purpose of the changed legal situation, provided that the user is not worse off as a result of the new or amended conditions than under the original condition. Each amendment, including the updated version of the GTC, shall be sent to the user by e-mail.
  5. Componeers GmbH is not responsible for the Internet services provided by third parties to which Componeers GmbH links from its pages or which Componeers GmbH arranges. The terms of use of the respective providers apply to these offers. This applies in particular to co-operation partners on Componeers GmbH. The offers of the co-operation partners on Componeers GmbH merely represent a sales platform of the respective partners of Componeers GmbH. When utilizing the offers provided by cooperation partners, a separate legal relationship is established between the user and the cooperation partner, which is independent of any legal relationship between Componeers GmbH and the user. The legal relationship between the partner and the user shall be governed exclusively by the terms and conditions and operating processes of the co-operation partner. Componeers GmbH assumes no liability or warranty for this.

2. ACCESS AND PARTICIPATION AUTHORIZATION

  1. In principle, all users are eligible to enter and participate.
  2. The following minimum details are required for competitions. All persons who have reached the age of 18 or can provide a declaration of consent from a parent or legal guardian are eligible to enter. By taking part in the competition, every competition participant agrees to be published in the print edition and on the website with their name and photo, as well as agreeing to further rights of use for advertising and sales purposes.
  3. Participation in competitions is excluded for employees of Componeers GmbH and for persons who were involved in the organization of the game. This also applies to their relatives.
  4. Furthermore, Componeers GmbH reserves the right to change or correct the rules of competitions at any time.
  5. Componeers GmbH only concludes contracts for chargeable content and for the provision of Internet access with persons over the age of 18 or with the express consent of their legal representative.
  6. Furthermore, the Internet pages are not directed at persons in countries that prohibit the provision or retrieval of the content posted therein. Each user is responsible for informing themselves about any restrictions before accessing these web pages and for complying with them.

3. AVAILABILITY

Componeers GmbH’s services are offered to the user subject to availability. Componeers GmbH shall endeavor to ensure that the services of Componeers GmbH are available to the user without disruption. Maintenance work and/or further development and/or other disruptions may restrict and/or temporarily interrupt the possibilities of use. This may also result in loss of data. This shall not give rise to any claims for compensation by the affected users. Componeers GmbH is also authorized to change or discontinue the services offered at any time at its own discretion without prior notice.

4. CONTRACTUAL RELATIONSHIP

  1. The contractual relationship regarding the use of chargeable content from Componeers GmbH shall come into effect upon registration with the desired and selected payment system provider, acceptance of the general terms of use and the respective acceptance by Componeers GmbH. Acceptance by Componeers GmbH shall take place at the latest when access to the chargeable content is opened.
  2. The use of third-party services that Componeers GmbH advertises on its pages or to which Componeers GmbH provides access via its pages shall result in contractual relationships exclusively between the user and the third party offering the service. Componeers GmbH accepts no liability or warranty for this.

5. OPENING A USER ACCOUNT

For certain services on the Componeers GmbH website, the user must register or can open a user account. The user warrants that the personal details provided by him/her during registration or when opening a user account on the Componeers GmbH website, in particular his/her first name, surname, postal address, date of birth and e-mail address, are true and correct, and that he/she will notify Componeers GmbH immediately of any changes to the details provided.

6. PAYMENT TRANSACTIONS

  1. The fees for chargeable content are settled with a payment system provider to be selected by the user before the service is provided. Only the terms and conditions of use of the payment system provider selected by the user shall apply, to which reference is made at the appropriate point and corresponding assistance is provided. The payment claims are to be settled with the selected payment system provider in accordance with the respective terms of use.
  2. If the user does not fulfill his payment obligations or payment transactions are not carried out or are charged back, Componeers GmbH shall be entitled, subject to further claims, to block the user’s access. If access is blocked due to outstanding debts and the user settles these, access shall be unblocked again.
  3. Componeers GmbH reserves the right to commission third parties to carry out debt collection.

7. OBLIGATIONS OF THE USER

  1. The user undertakes not to violate applicable legal provisions and any contractual provisions when using the services of Componeers GmbH. In particular, the user undertakes to ensure that any content disseminated by the user does not violate the rights of third parties (e.g. copyrights, patent and trademark rights). copyrights, patent and trademark rights), that the applicable criminal laws and youth protection regulations are observed and that no racist, Holocaust-denying, grossly offensive, pornographic or sexual, youth-endangering, extremist, violence-glorifying or trivializing content is disseminated, glorifying war, promoting a terrorist or extremist political organization, inciting a criminal offence, containing defamatory statements, insulting or unsuitable for minors or other punishable content. The user further undertakes to comply with the recognized principles of data security in order to protect the data and to observe the obligations of the data protection regulations, to check any e-mails and queries sent to Componeers GmbH for viruses with the greatest possible care, to comply with statutory, official and technical regulations, to keep any user name and the identification and password secret, not to pass them on, not to tolerate or enable any knowledge of them and to take the necessary measures to ensure confidentiality and to notify Componeers GmbH immediately in the event of any misuse or loss of this information or any suspicion thereof. Indications of misuse of the contents of WFM or the payment system must also be reported to Componeers GmbH immediately.
  2. The user shall indemnify Componeers GmbH against any claims asserted by third parties against Componeers GmbH due to infringement of their rights by this user. This shall also include the costs of reasonable legal prosecution and defense.
  3. Componeers GmbH reserves the right to block the user’s access to its content and any existing user account and to involve the investigating authorities in the event of justified suspicion of misuse of Componeers GmbH’s services or payment systems.
  4. The user may only offset undisputed or legally enforceable claims against claims of Componeers GmbH. The user shall only be entitled to rights of retention on the basis of claims arising from the individual, specific contractual relationship of which these GTC form an integral part.

8. SUBSCRIPTION FOR MATCHMAKER+

  1. The contract period begins with the conclusion of the contract and is one year.
  2. The contract period is also automatically extended several times by a further year if neither party gives one month’s notice of cancellation before the end of the current contract period.
  3. The right to terminate the contract without notice for good cause remains unaffected.

9TH LIABILITY

  1. Componeers GmbH and its representatives or vicarious agents shall only be liable for damages, in particular due to delay, non-performance, poor performance or unauthorized action, in the event of a breach of material contractual obligations, the fulfilment of which could be relied upon to a particular degree. The exclusion of liability shall not apply to wilful intent and gross negligence. Otherwise, Componeers GmbH shall not be liable unless mandatory statutory provisions apply.
  2. Componeers GmbH shall only be liable for foreseeable damage. Liability for indirect damage, in particular consequential damage, unforeseeable damage or atypical damage and loss of profit shall be excluded. The same applies to the consequences of labor disputes, accidental damage and force majeure.
  3. Componeers GmbH provides its own information and data as well as information from other providers by means of hyperlinks (internet links) on the internet and on mobile devices. This information and data is provided for information purposes only, without the user being able to rely on the topicality, accuracy or completeness of the information. In this respect, Componeers GmbH assumes no warranty or liability, in particular not for direct or indirect damages arising from the use of the information or data found on the Componeers GmbH websites. In particular, Componeers GmbH accepts no responsibility for the content or the functionality, accuracy or legality of third-party websites to which reference is made by links from the Componeers GmbH websites.
  4. Componeers GmbH offers discussion forums and chats. The content and information exchanged by users in these forums is not subject to any control by Componeers GmbH. For this reason, Componeers GmbH accepts no liability for the content and information posted in the forums. The responsibility for the content that the user publishes on the Componeers GmbH pages lies exclusively with the user.
  5. Componeers GmbH excludes any liability for technical or other faults.
  6. Componeers GmbH accepts no liability for any damage or loss, in particular in the dispatch of prizes to be handed over as part of a competition.
  7. The above limitations of liability apply to all contractual and non-contractual claims.

10. FAULT LIABILITY

  1. If the user complains about chargeable content due to incomplete or defective performance by Componeers GmbH, the user must notify either Componeers GmbH or the payment provider of the complaints immediately after becoming aware of them, in accordance with the terms of use of the payment system provider chosen by the user.
  2. If Componeers GmbH is liable due to justified and timely complaints, Componeers GmbH shall, in the case of incomplete performance, make subsequent delivery and, in the case of defective performance, either repair or replace the goods at its discretion. The user may demand a reduction of the fees if attempts at rectification or replacement delivery are refused by Componeers GmbH, are impossible or fail in any other way. There shall be no right of withdrawal in favor of the user.

11 COPYRIGHT

  1. All content, information, images, videos, databases and computer programs (e.g. widgets) published on the Componeers GmbH website are protected by copyright.
  2. Use is only permitted for private personal use. Any use beyond this, in particular the private and commercial reproduction, modification, distribution or storage of information or data, in particular of texts, parts of texts, images and film material, requires the prior express consent of Componeers GmbH. This also applies to inclusion in electronic databases and reproduction on CD-ROM, DVD, etc. Private and/or commercial reproduction, modification, distribution or other misuse of computer programs is not permitted. The user does not acquire any ownership rights by downloading or sending the source code of a computer program. No copyrights or other ancillary copyrights are transferred. If the service and/or the services are discontinued, the user is obliged to delete the source code provided immediately. In all other respects, the legal limits arising from copyright law and other applicable statutory provisions shall apply.

12. CONTENT SUBMITTED BY THE USER

  1. Users who submit their own content (e.g. videos, photos, photo series, texts, etc.) to Componeers GmbH (e.g. as part of competitions, reader campaigns, Internet competitions) agree by submitting their content that the submitted content may be reproduced, distributed and publicly reproduced on the Internet and in print free of charge. The user further declares that he/she owns all copyrights and other rights to the submitted content and that persons depicted on submitted graphic content (e.g. videos, photos, photo series) who are not merely accessories to a location or part of depicted assemblies, processions or similar events agree to publication. For persons under the age of 18, the consent of the legal guardian is required. Contributions sent by post cannot be returned to the participant.
  2. Users undertake not to send Componeers GmbH any content that is unlawful, grossly offensive, pornographic or sexual, harmful to minors, extremist, glorifies or trivializes violence, glorifies war, promotes a terrorist or extremist political organization, incites a criminal offence, contains defamatory statements or other punishable content. The user also undertakes not to send any content containing advertising or commercial content.
  3. Componeers GmbH reserves the right not to publish any content sent in.
  4. The user shall indemnify Componeers GmbH in full against all third-party claims arising from the fact that the user breaches his/her obligations under these terms and conditions or – contrary to this declaration – the user does not own all rights to the submitted content or persons depicted do not agree to the publication.
  5. The content submitted is the personal opinion of the user and does not represent the opinion of Componeers GmbH. The user has no legal claim to publication of the submitted content.

13. RIGHT OF WITHDRAWAL

  1. The user is entitled to revoke his declaration of intent to conclude the contract within two weeks. The cancellation period begins at the earliest upon receipt of this instruction. Timely dispatch of the declaration of cancellation is sufficient to meet the deadline. It must be made in writing without giving reasons and sent to:
    Componeers GmbH
    Richard-Reitzner-Allee 2
    85540 Haar
  2. In the event of an effective cancellation, the services received by both parties must be returned and any benefits derived must be surrendered. If the user is unable to return the services received in full or in part or only in a deteriorated condition, compensation must be paid in this respect.
  3. However, the right of cancellation shall not apply if Componeers GmbH has begun to perform the service with the express consent of the user before the end of the cancellation period or if the user has initiated this performance himself (e.g. by downloading, etc.).

14. TERMINATION

  1. Each party reserves the right to terminate the contract for good cause. Good cause shall be deemed to exist in particular if the user continues to violate material provisions of these GTC despite a reminder and/or the user commits misconduct directed against third parties by using Componeers GmbH’s services for illegal purposes or for purposes that harass third parties.
  2. All cancellations in accordance with these GTC must be made in writing to the address stated in point 12.
  3. Access to Componeers GmbH’s services shall be blocked once the cancellation takes effect.

15. FINAL PROVISIONS

  1. If the user is a registered trader, the place of jurisdiction for all disputes of a pecuniary nature arising directly or indirectly from the contractual relationship is Haar. Any exclusive place of jurisdiction shall remain unaffected by this. The place of fulfillment is Haar. German law applies, to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
  2. Legal recourse is excluded in connection with participation in competitions.
  3. Should individual provisions of these GTC, including these regulations, be wholly or partially invalid, the validity of the remaining provisions or parts of such provisions shall remain unaffected. The invalid or missing provisions shall be replaced by the respective statutory provisions.