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Divesearch24.de - CGC Divesearch24.de – General Terms and Conditions General Terms and Conditions of Use for the use of the internet services of www.divesearch24.de These General Terms and Conditions of Use shall also apply to the following domains: www.divesearch24.eu, www.divesarch24.com, www.divesarch24.net as well as all sub domains of the above listed domains. divesearch24.de is operated by: search24 GmbH Römerstrasse 24 85777 Fahrenzhausen Germany E-Mail: mail@divesearch24.de Internet: www.divesearch24.de Managing Director: Korbinian Hagn Person responsible for the contents according to Sec. 55 para. 2 of the Interstate Broadcasting Agreement: Korbinian Hagn --- hereafter referred to as “divesearch24” ------ §1 Scope (1) Any use of the website www.divesearch24.de (in the following “this Website) for registered and non-registered users is subject to the following terms and conditions. (2) Any use of contents of partners is additionally subject to their terms and conditions. These are listed separately in the respective areas. ( 3) By using this Website and in particular by activating the login on the registration page and by clicking the button “accepted” the user agrees to be legally bound by these General Terms and Conditions of Use. § 2 Registration for business clients (1) For the use of various services on divesearch24 a registration is necessary. Only partners of the sections diving school, dive base, dive shop are authorized to use these services. When registering the user agrees to give accurate data about his business. The user is solely responsible for the accuracy and completeness of his data. Any change of data must be notified immediately. Upon login the user of divesearch24.de can modify his data at any time. The collection of these data is necessary for the usage of the site. Divesearch24 follows the principles of data economy according to Sec. 11 et seq. German Telemedia Act, § 3a of Federal Data Protection Act and only collects a minimum of data to allow precise identification and billing. (2) Divesearch24 is entitled to refuse the admission as member and to cancel immediately and at any time the membership without giving reasons. Each business is permitted only one member account. (3) The user agrees to keep his password strictly confidential and will be liable for all damages resulting from the passing on or disclosure of the password. (4) Services of divesearch24 that are subject to registration shall only be used by the registered user himself. Any enabling of usage by third parties is forbidden. § 3 Privacy Policy (1) Within the registration process divesearch24 collects personal data. This data is only used for purposes of contract handling and customer support as well as for internal surveys. (2) Divesearch24 will not disclose any personal user information for identification except for the basic data available on the profile of each user. (3) By registering the user explicitly accepts that general information about the user and his characteristics/mannerism is made available to advertising customers and co-operation partners for the purpose of specific advertisement, for example in the online sector. § 4 Liability (1) Regardless of whatsoever leagl ground divesearch24 shall only be liable in case of wilful misconduct or gross negligence of its representatives , employees and agents. In any case Divesearch24 is only liable for any damages arising from the violation of essential contractual obligations. (2) Any responsibility for compensation based on lack of characteristics especially guaranteed by divesearch24 as well as any liability according to the German Product Liability Act and other liability standards mandatory by law shall remain unaffected by the aforementioned provision. (3) Any liability of divesearch24 based on reasonable default, initial inability and primary impossibility is limited to those damages which could reasonably be foreseen. This limitation of liability also applies in case of a negligent violation of an essential contractual obligation by divesearch24. § 5 Intellectual Property Rights (1) Divesearch24 provides a number of databases, for example such as directories, search areas, etc. The user agrees to use the contents of these databases for his own use only. Any transfer, display, publishing or other use of these contents shall be forbidden unless explicitly agreed to by the particular author and diveserach24. (2) Each holder of an account has the possibility to upload own texts, graphics and pictures into the database. By doing so he warrants to respect any copyrights of third parties and not to upload any data, which could violate copyrights of third parties. Divesearch24 assumes that the person uploading material is at the same time the author and owner of intellectual property rights of the respective contents. The upload of any contents of which the copyrights are not explicitly owned by the user is forbidden and may lead to the exclusion from divesearch24. (3) Texts, graphics and data of any kind which are made digitally available to divesearch24 by upload into the database are first being saved in a configuration similar to a database. By transferring these data to divesearch24 the author’s rights to the data according to Sec.11 – 27 Copyright Act may be significantly affected. Unless otherwise stated, thus divesearch24 is granted solely by transfer according to Sec.16, 17 and 18 Copyright Act the rights to reproduce, distribute and exhibit the data commercially. Furthermore the person uploading the data allows divesearch24 to edit, to convert and to sort data into a configuration similar to a database. Furthermore the person transferring the data hereby grants search24 GmbH, the company operating divesearch24, a non-exclusive, transferable and perpetual right of use. The author is not entitled to any compensation for the aforementioned license. Divesearch24 explicitly points out that it is its intention to commercially and profitably exhibit, to reproduce and/or to distribute all data received by electronic means – for example on the internet - and by non-electronic means. The author waives any financial interest or any other claim for compensation to or from any profit resulting from the commercialization of the articles of the user by divesearch24 and accepts the free use of the divesearch24 website as a sufficient and adequate money consideration for the feed-in of his articles into the commercial marketing-machinery of divesearch24. (4) In case of an infringement of copyrights or an assertion thereof divesearch24 is entitled to disclose the personal data of the infringer to the legitimate author and /or the holder of rights respectively in order to enable the assertion of legal rights against the user. Divesearch24 shall, if possible, also disclose data on extent and duration of the copyright violation e.g. of the disorder status in order to facilitate the ascertainment of damage. § 6 Severability Clause In case any provision of this agreement, of these General Terms and Conditions of Use or any future newly added provisions are held or made totally or partially invalid, such invalidity shall not affect the other provisions. The contractual partners agree to replace the invalid provision by a valid provision which economically best corresponds with the intentions of the contractual partners hereto. The aforementioned shall also apply in case of a loophole of this agreement. § 7 External Links By decree of May 12th, 1998 the district court Hamburg has decided that through setting up a link one may be liable, as the case may be, for the contents of the linked page. This liability may be prevented only by explicitly dissociating from these contents. Since there are links to other sites in the internet on the website of divesearch24 we herewith declare in general and in public: In general for all links the following applies: We neither have an influence on the design or content of these linked pages. The responsibility lies solely with the operators of these pages. Therefore we explicitly dissociate ourselves from any and all content of these pages. § 8 Amendments of the General Terms and Conditions of Use Divesearch24 reserves the right to revise the terms of use. The user will be informed about the revisions on the start-page of divesearch24. Within two weeks the user has the right to object those amendments, thereafter the revisions shall be considered approved. In case of an objection of the user, the user agrees to immediately stop the use of divesearch24 and to cancel his membership. § 9 Place of Performance / Legal Venue (1) Place of performance and legal venue for all claims out of or related to the business relationship is the place of business of divesearch24 GmbH in Munich. (2) Oral agreements were not made. Any revisions and additions of/to this contract and its provisions shall become effective when posted on the divesearch24 website and the user continues to use the services of the divesearch24 website. (3) All legal transactions by divesearch24 are governed by the jurisdiction of the Federal Republic of Germany, the UN Convention on Contracts for the International Sale of Goods being expressly excluded.