Legal information and terms & conditions

1. Applicability

1.1 The Contractor’s deliveries, services, and offers are provided exclusively in accordance with these Terms and Conditions. These Terms and Conditions therefore also apply to all future business relationships, even if they are not expressly agreed upon again. These Terms and Conditions are deemed accepted upon confirmation of the order. Any counter-confirmations by the Client are hereby rejected.

1.2 Deviations from these Terms and Conditions are effective only if the Contractor confirms them in writing.

2. Offer and Conclusion of Contract

2.1 Offers made by the Contractor are subject to change and non-binding. An order may be placed verbally but generally must be in writing. The contract is concluded if this order is not objected to in writing. The same applies to additions, amendments, or ancillary agreements.

2.2 The prices stated in the Contractor’s offers remain valid for 30 days.

3. Delivery Deadlines

3.1 The deadlines and dates specified by the Contractor are non-binding, unless expressly agreed otherwise in writing.

3.2 The Contractor shall not be held responsible for delivery delays resulting from force majeure or unexpected serious events—such as difficulties in procuring materials that arise subsequently, operational disruptions, or official orders—even in the case of bindingly agreed deadlines and dates. In such cases, the Contractor is entitled to postpone the performance of the order or to withdraw from the contract in whole or in part with respect to the portion not yet fulfilled.

3.3 The Contractor is entitled to make partial deliveries and provide partial services at any time.

4. Terms of Payment

4.1 Unless otherwise agreed, the Contractor’s invoices are payable without deduction 7 calendar days after the invoice date.

4.2 A payment is not considered to have been made until the Contractor has access to the amount. In the case of payment by check, the payment is not considered to have been made until the check is cashed.

4.3 The Client is entitled to set off, withhold payment, or reduce the amount due—even if complaints regarding defects or counterclaims are asserted—only if the Contractor has expressly consented in writing or if the counterclaims have been legally established.

4.4 In the event of late payment, the Contractor may charge late payment interest at a rate of 4 1/2% above the respective discount rate of the European Central Bank. This does not preclude the Contractor from claiming proven damages in excess of this amount.

4.5 Suggestions and instructions from the Client for technical, design, or other reasons, as well as the Client’s other forms of cooperation, shall have no effect on the fee; nor shall they give rise to any co-authorship rights, unless such rights have been agreed upon in writing.

5. Rights of Use

5.1 The Client acquires only the agreed-upon rights of use. All other rights of use remain with the Contractor. The agreed-upon rights of use are transferred to the Client only upon full payment of the invoice amount. The rights of use remain with the Contractor until full payment has been made. Upon full payment, the Client receives the right of use agreed upon in the offer and/or contract. The program and source code remain the property of Ullmann Media Adventures GmbH. In the event of use of the materials delivered by the Contractor that does not comply with the contract, the Client is obligated to pay damages in the amount of the benefit obtained in breach of contract, but at least in the amount of the standard fee.

5.2 Unless otherwise specified in writing, the Contractor has the right to use work produced by it—such as films, images, and sound compositions—as well as the client’s name, company name, and brand logo for the purpose of self-promotion, in particular for presentation on the Contractor’s website, at trade shows, and in the Contractor’s demonstration video.

5.3 The Client warrants that it is authorized to use all source materials provided to the Contractor. Should the Client, contrary to this warranty, not be authorized to use such materials, the Client shall indemnify the Contractor against all claims for damages by third parties.

5.4 The Contractor has the right to be named as the author on the copies. Any violation of the right to be named entitles the Contractor to compensation for damages. Unless higher damages are proven, the compensation shall amount to 50% of the agreed remuneration. The right to claim higher damages upon proof remains unaffected.

5.5 The Contractor shall be deemed the author.

6. Limitation of Liability

6.1 The Contractor shall be liable for damages incurred only in cases of willful misconduct or gross negligence. Damages exceeding the material value are excluded.

6.2 If the Contractor commissions necessary third-party services, the respective contractors are not vicarious agents of the Contractor. The Contractor is liable only for its own fault and only for willful misconduct and gross negligence.

6.3 Upon approval of drafts, final versions, or final artwork by the Client, the Client assumes responsibility for the accuracy of text and images.

6.4 The Contractor assumes no liability whatsoever for drafts, texts, final versions, and final artwork approved by the Client.

6.5 The Contractor is not liable for the admissibility or registrability of the work under competition law or trademark law.

6.6 Complaints of any kind must be submitted in writing to the Contractor within 14 days of delivery of the work. Thereafter, the work shall be deemed to have been accepted as free of defects.

7. Retention of Title

7.1 The delivered materials and the rights of use to the work delivered by the Contractor shall remain the property of the Contractor until the full invoice amount has been paid.

7.2 In the event of conduct by the Client in breach of the contract—in particular in the event of late payment or unlawful use—the Contractor is entitled to reclaim the goods subject to retention of title at the Client’s expense. Such reclaim does not constitute a withdrawal from the contract.

7.3 Only rights of use are granted to drafts and final artwork; no right of ownership is transferred.

7.4 The originals must be returned undamaged within a reasonable period of time, unless expressly agreed otherwise. In the event of damage or loss, the Client must reimburse the costs necessary to restore the originals. The right to claim further damages remains unaffected.

7.5 The shipment of work and templates is at the Client’s risk and expense.

7.6 The Contractor is not obligated to provide the Client with files or layouts created using a computer. If the Client requests the provision of computer files, this must be agreed upon separately and compensated for. If the Contractor has made computer files available to the Client, these may only be modified with the Contractor’s prior consent.

8. Confidentiality

8.1 Unless expressly agreed otherwise in writing, information and materials provided to the Contractor in connection with orders shall not be considered confidential.

8.2 The same applies to the work produced by the Contractor.

9. Creative Freedom

9.1 Creative freedom is granted within the scope of the order. Claims regarding the artistic design are excluded. If the Client requests changes during or after production, the Client shall bear the additional costs. The Contractor retains the right to compensation for work already commenced.

10. Specimen Copies

10.1 At least 5 specimen copies of reproduced works must be provided to the Contractor free of charge, which the Contractor may also use for its own promotional purposes.

11. Contracting Party

The contracting party, distributor, and invoicing entity is Ullmann Media Adventures GmbH, Neuer Pferdemarkt 13, 20359 Hamburg, Germany.

12. Final Provisions

12.1 The place of performance is the Free and Hanseatic City of Hamburg.

12.2 The invalidity of any of the above provisions shall not affect the validity of the remaining provisions.

12.3 The law of the Federal Republic of Germany applies.

Disclaimer

Content of the Online Offering

The author assumes no liability for the timeliness, accuracy, or completeness of the information provided on our website. Claims for damages against the author relating to material or non-material losses caused by the use or non-use of the information provided, or by the use of incorrect or incomplete information, are generally excluded, unless there is evidence of willful misconduct or gross negligence on the part of the author.

All offers are subject to change and non-binding. The author expressly reserves the right to modify, supplement, or delete parts of the pages or the entire website, or to suspend publication temporarily or permanently, without prior notice.

References and Links

In the case of direct or indirect references to external websites (“hyperlinks”) that lie outside the author’s area of responsibility, liability would arise only if the author were aware of the content and it were technically possible and reasonable for the author to prevent access to such content in the event of illegal material.

The author hereby expressly declares that, at the time the links were created, no illegal content was discernible on the linked pages. The author has no influence whatsoever on the current or future design, content, or authorship of the linked pages. Therefore, the author hereby expressly distances himself from all content on any linked pages that has been modified since the links were created. This statement applies to all links and references within the author’s own website, as well as to third-party entries in guestbooks, discussion forums, link directories, mailing lists, and all other forms of databases established by the author where external users can post content. The provider of the page to which a link refers is solely liable for illegal, incorrect, or incomplete content—and in particular for damages resulting from the use or non-use of such information—not the party who merely refers to the respective publication via links.

The author endeavors to observe the copyrights of the images, graphics, audio files, video clips, and texts used in all publications; to use images, graphics, audio files, video clips, and texts created by the author; or to rely on royalty-free graphics, audio files, video clips, and texts.

All trademarks and brand names mentioned on this website—including those that may be protected by third parties—are subject without restriction to the provisions of applicable trademark law and the ownership rights of their respective registered owners. The mere mention of a trademark does not imply that it is not protected by the rights of third parties!

The copyright for published objects created by the author remains solely with the author of the pages. Reproduction or use of such graphics, audio files, video clips, and text in other electronic or printed publications is not permitted without the author’s express consent.

Wherever the website offers the option to enter personal or business data (email addresses, names, addresses), the disclosure of such data by the user is expressly voluntary. The use and payment for all services offered is permitted—to the extent technically possible and reasonable—even without providing such data or by providing anonymized data or a pseudonym. The use by third parties of contact information published in the legal notice or similar sections—such as postal addresses, telephone and fax numbers, and email addresses—to send unsolicited information is not permitted. We expressly reserve the right to take legal action against senders of so-called spam emails in the event of violations of this prohibition.

This website uses plugins from Facebook.com, which are provided by Facebook Inc., 1601 S. California Avenue, Palo Alto, CA 94304, USA. Users of our website, on which the Facebook plugin is installed, are hereby informed that the plugin establishes a connection to Facebook, which results in data being transmitted to your browser so that the plugin appears on the website.

Furthermore, when you use the plugin, data is forwarded to Facebook’s servers, which includes information about your visits to our website. For Facebook users who are logged in, this means that usage data is associated with their personal Facebook account.

As soon as you, as a logged-in Facebook user, actively use the Facebook plugin (e.g., by clicking the “Like” button or using the comment function), this data is transmitted to your Facebook account and published. You can only prevent this by logging out of your Facebook account beforehand.

For more information regarding Facebook’s use of data, please refer to Facebook’s privacy policy.

Functions of the Twitter service are integrated into our pages. These functions are provided by Twitter Inc., 795 Folsom St., Suite 600, San Francisco, CA 94107, USA. By using Twitter and the “Retweet” function, the websites you visit are linked to your Twitter account and made known to other users. Data is also transmitted to Twitter in the process.

Please note that, as the provider of these pages, we have no knowledge of the content of the transmitted data or how Twitter uses it. For more information, please see Twitter’s Privacy Policy at http://twitter.com/privacy.

You can change your privacy settings on Twitter in your account settings at http://twitter.com/account/settings.

Collection and Disclosure of Information:

You can use the Google +1 button to share information worldwide. Through the Google +1 button, you and other users receive personalized content from Google and our partners. Google stores both the fact that you clicked +1 for a piece of content and information about the page you were viewing when you clicked +1. Your +1s may appear as recommendations alongside your profile name and photo in Google services—such as in search results or on your Google profile—or in other places on websites and in ads across the web. Google records information about your +1 activity to improve Google services for you and others.

To use the Google +1 button, you need a public Google profile that is visible worldwide and must include at least the name you’ve chosen for your profile. This name is used across all Google services. In some cases, this name may also replace another name you’ve used when sharing content through your Google Account. The identity associated with your Google profile may be visible to users who know your email address or have other identifying information about you.

Use of the Information Collected:

In addition to the purposes described above, the information you provide is used in accordance with Google’s applicable privacy policy. Google may publish aggregated statistics about users’ +1 activity or share them with users and partners, such as publishers, advertisers, or affiliated websites.

This website uses Google AdSense, a service for displaying advertisements provided by Google Inc. (“Google”). Google AdSense uses so-called “cookies,” which are text files stored on your computer that enable an analysis of website usage. Google AdSense also uses so-called web beacons (invisible images). These web beacons allow information such as visitor traffic on these pages to be analyzed. The information generated by cookies and web beacons regarding the use of this website (including your IP address) and the delivery of ad formats is transmitted to a Google server in the United States and stored there.

This information may be shared by Google with its contractual partners. However, Google will not associate your IP address with any other data it holds about you. You can prevent the installation of cookies by adjusting your browser settings accordingly; however, please note that in this case, you may not be able to use all functions of this website to their full extent. By using this website, you consent to the processing of data collected about you by Google in the manner described above and for the purpose stated above.

This website uses Google Analytics, a web analytics service provided by Google Inc. (“Google”). Google Analytics uses so-called “cookies,” which are text files stored on your computer that enable an analysis of your use of the website. The information generated by the cookie regarding your use of this website is generally transmitted to a Google server in the United States and stored there.

However, if IP anonymization is enabled on this website, your IP address will be truncated by Google beforehand within member states of the European Union or in other signatory states to the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be transmitted to a Google server in the United States and truncated there. On behalf of the operator of this website, Google will use this information to evaluate your use of the website, to compile reports on website activity, and to provide other services related to website and internet usage to the website operator. The IP address transmitted by your browser as part of Google Analytics will not be merged with other Google data.

You can prevent the storage of cookies by adjusting your browser settings accordingly; however, please note that in this case, you may not be able to use all features of this website to their full extent. You can also prevent Google from collecting the data generated by the cookie and related to your use of the website (including your IP address), as well as from processing this data, by downloading and installing the browser plugin available at the following link: http://tools.google.com/dlpage/gaoptout?hl=de.

Source: Disclaimer from Haftungsausschluss-Vorlage.de, anwalt-karlsruhe.de, and Datenschutzgesetz.de

Legal information and terms & conditions

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