1.1 On the occasion of registering as a member with cartelion.com, the user must actively agree to the validity of these General Terms and Conditions of Use (hereinafter: GTC) in a field provided for this purpose. Before completing the registration, the user has the opportunity to take note of the provisions of the GTC in detail, print them out and/or save them. Deviating terms and conditions of users that are in conflict with these GTC shall not apply.
1.2 Unless expressly provided otherwise in these GTC and/or on the individual Internet pages of cartelion.com, these GTC apply to the use of all offers, content, functions and other services (hereinafter collectively: applications) of cartelion.com.
1.3 For the use of individual services of third parties (cooperation partners, e.g. operators of cell phone stores, fan stores, video portals, etc.), deviating and/or additional terms and conditions of third parties may apply. In such cases, the Member's attention shall be drawn to any deviating and/or supplementary terms and conditions of third parties. The use of these services is subject to the terms and conditions of the respective cooperation partners.
2 FORMATION OF THE CONTRACT OF USE
2.1 Upon completion of the user's registration as a member of cartelion.com (section 3.), a contract of use is concluded between Cartelion.com and the member, to which these GTC apply.
2.2 After registration, Cartelion.com will immediately send an e-mail to the e-mail address provided by the user, with which Cartelion.com confirms receipt of the data submitted with the registration and transmits an activation link. The contract of use between the user and Cartelion.com is not concluded until this activation link is activated.
2.3 Users are not entitled to conclude a contract of use. Cartelion.com may refuse a membership without giving reasons. In such a case Cartelion.com will immediately delete the data provided by the user in the registration form. The username provided in such a case will remain blocked on cartelion.com for a period of one month to prevent immediate use elsewhere.
3 REGISTRATION, CANCELLATION, BLOCKING, DELETION
3.1 Private individuals can become members of cartelion.com from the age of eighteen (18). Traders (only natural persons) may become members of cartelion.com if they have full legal capacity and are domiciled in the Federal Republic of Germany. If a trader wishes to become a member of cartelion.com but runs his business in the form of a partnership (e.g. GbR, OHG, etc.) or a legal entity under private law (e.g. GmbH, AG, etc.), only an authorized representative (natural person) of the same can become a member of cartelion.com. In this case, the representative relationship must be specified (e.g. managing director, board of directors, authorized signatory, etc.). Cartelion.com is entitled, but not obligated, to verify the age and domicile of the user by means of suitable official documents. Each registration as a member requires that the user enters all mandatory fields in the registration form.
3.2 With the registration the user assures,
that it meets the requirements for registration set out in section 3.1;
that all data provided by him/her on the occasion of registration and/or subsequent changes (mandatory and voluntary data) - with the exception of the pseudonym (username) - are true;
that he/she will not misuse the platform cartelion.com and the data made known to him/her on cartelion.com for the purpose of commercial or political advertising or for the purpose of personnel placement or similar;
3.3 The Member has to ensure in his/her own interest that the e-mail address he/she has provided is correct and allows access to e-mails. Cartelion.com is not liable for any disadvantages resulting from the non-receipt of messages. If personal information of the Member (name, e-mail address, etc.) changes after registration, the Member shall immediately make the changes in his/her personal profile. Cartelion.com assumes no liability for the accuracy of the information provided by the users.
3.4 Each Member may terminate the user relationship at any time without giving reasons, most easily by deleting his/her own profile under "SETTINGS" on his/her own Cartelion.com page, alternatively in writing (Fomenko, Holzmindener Str. 11, 12347 Berlin, Germany), by e-mail (firstname.lastname@example.org).
3.5 Cartelion.com may terminate the user relationship at any time with a notice period of fourteen (14) days. Cartelion.com's right to extraordinary termination without notice for good cause (deletion of the profile) and the right to temporarily or permanently block the profile remain unaffected (Section 11.).
3.6 When the termination takes effect, the user relationship ends and the entire data record stored in the member's profile is completely deleted. The username remains stored in isolation for one month after termination and is blocked for further use on cartelion.com. Entries made by the member in forums, blogs, guest books, etc. that are visible to the public or to certain groups of people will not be deleted; however, the author of such entries will be marked as deleted and his/her username will not be displayed.
3.7 Cartelion.com has the right to delete profiles of members who have not logged in to cartelion.com for a period of at least six (6) months (login).
3.8 The member is responsible for any data backup requested by the member. Cartelion.com assumes no liability in this regard.
3.9 Each member is permitted to maintain two (2) member profiles. The maintenance of multiple profiles is not permitted.
4 ACCESS DATA
4.1 The member has to keep his access data, especially his password, strictly confidential and may not pass them on to third parties or share them with third parties.
4.2 Should the Member make his/her access data, in particular passwords, available to third parties or otherwise use or disseminate them inappropriately, Cartelion.com has the right to temporarily block or permanently delete the profile of the Member concerned.
4.3 If the Member has reason to believe that a third party is using his/her access data and/or profile, he/she must immediately notify Cartelion.com in writing (letter, e-mail) and provide Cartelion.com with all existing evidence and proof of such third-party use.
4.4 The Member is solely responsible for the use of his/her access data, in particular passwords, by third parties or for actions or statements made via his/her profile, regardless of whether this is done with fraudulent intent or not. The Member of full age or legal capacity shall indemnify Cartelion.com against all third party claims in this regard, including the costs of defending the claim (lawyer's fees and court costs) in the statutory amount upon first request. This does not apply if the member is not responsible for the third-party use. Any liability of Cartelion.com due to loss or misuse of the access data is excluded.
5 DESCRIPTION OF THE OFFER OF CARTELION.COM
5.1 Private individuals registered as members can use cartelion.com for example (selection)
5.2 Tradesmen registered as members (hereinafter also referred to as: commercial members) may use the aforementioned offer of cartelion.com subject to the following conditions and restrictions:
5.3 Any form of commercial use of the content posted on cartelion.com as well as any form of sending advertisements to other members of cartelion.com is prohibited for the members. Members are not allowed to advertise for third parties, especially for their products, even within their own profiles, etc. This also applies to links. This also applies to links.
5.4 The offers available to registered members are partially restricted for the protection of minors.
5.5 Cartelion.com informs the registered Members in irregular intervals via newsletter about news, changes and offers of the site. A legal claim to this effect does not exist.
5.6 There is no claim to publication or distribution of the content posted by individual Members. Cartelion.com is free to delete published content in whole or in part at any time if it violates the law, the rights of third parties or the regulations contained in these GTC and the appendices.
5.7 During the entire use of the offer on cartelion.com, in particular in the context of any communication, the member must always maintain good manners and etiquette (in particular no insulting, disparaging or racist remarks). Cartelion.com has the discretion to decide whether the content complies with the required manners.
5.8 The contents and functionalities offered on cartelion.com are free of charge for the members, unless explicitly regulated otherwise. The costs for access to cartelion.com (computer, software, modem, telecommunication fees, etc.) shall be borne by the user.
5.9 As far as commercial offers of third parties can be found on the internet pages of cartelion.com (e.g. offers for the purchase of goods and/or the use of services of third parties, advertisements), these will be identified by appropriate notices (e.g. with the words "This is an offer of ____________ [name/company of the company]" or "Advertisement"). Insofar as users conclude contracts on the basis of such third-party offers, such contractual relationships shall be concluded exclusively with the respective third-party company, not with Cartelion.com.
6 DATA USE AND DATA PROTECTION
6.1 Cartelion.com collects, processes and uses personal data within the scope of the legal provisions (esp. TMG, BDSG, DSVGO). Without further consent, Cartelion.com collects, processes and uses personal data only to the extent necessary for the execution of the contract and the use of cartelion.com.
6.2 The data protection statement informs about which data is collected, stored and processed for which purpose, which minimum information has to be provided, which additional information the member can provide voluntarily, and how the security of personal data is guaranteed at cartelion.com. In addition, the privacy statement provides information on technical issues of data protection (e.g. cookies, logfiles, etc.).
6.3 Cartelion.com explicitly points out that the data published by the members on cartelion.com is voluntarily made available to a broad public and - depending on the "privacy" settings - may also be indexed by search engines.
6.4 Since an absolutely complete protection of data on the Internet against unauthorized access by third parties (hackers) is not possible according to the current state of the art, despite the highest possible security standard guaranteed by Cartelion.com through constantly updated firewalls and other protective devices, Cartelion.com is not liable for unauthorized knowledge of member data by third parties who unlawfully gain access to stored data by deliberately overcoming the protective devices used against unauthorized access.
6.5 Cartelion.com is entitled to discontinue the services of cartelion.com in whole or in part at any time without giving reasons and with immediate effect and to delete all stored user data. The member is fully responsible for the backup of the content posted by the member. Cartelion.com does not assume any liability in this respect. Cartelion.com's liability is excluded in particular if any damage suffered by the Member is due to the fact that he/she did not carry out his/her own data backups and thereby ensured that lost data could be restored with reasonable effort.
7 LIABILITY OF CARTELION.COM
7.1 The liability of Cartelion.com for the accuracy, completeness, timeliness and legality of the data and content posted by private or commercial Members (e.g. profile details, trademarks, company logos, products, descriptions, prices, delivery times, usability, availability, etc. in any form, e.g. text, photos, graphic files, links, etc.) as well as the liability for other content posted by private Members (blog or guestbook entries, messages, etc.) is excluded. This exclusion of liability applies in particular if such content violates intellectual property rights (trademark rights, copyrights, etc.) or personal rights (e.g. general personal rights, right to one's own image, etc.) of third parties. Furthermore, Cartelion.com is not liable for any misuse of the content posted by members by other members or third parties. As soon as Cartelion.com becomes aware of any infringement of rights in the content posted by Members or on the linked third-party sites, Cartelion.com will remove such content and/or links within a reasonable period of time and take all reasonable precautions, both technically and in terms of personnel, to avoid identical infringements of rights in the future.
7.2 Cartelion.com does not control the content posted by the members on cartelion.com by way of a preliminary control. Nor is it possible or reasonable for Cartelion.com to continuously monitor such third-party content in the absence of concrete indications of an infringement. Cartelion.com has the right, but no obligation, to check content posted by Members or links to third-party websites for compliance with the GTC and laws and to delete the relevant content or links in whole or in part in the event of any infringement or threatened infringement.
7.3 Cartelion.com also has no influence on the content of linked third-party sites that Cartelion.com itself has linked and whose content was lawful at the time of linking. It is also not possible for Cartelion.com to continuously monitor the content of these external sites, nor can it reasonably be expected to do so without concrete evidence of a violation of the law. As soon as Cartelion.com becomes aware of any infringement of rights on these external sites, such links will be removed within a reasonable period of time.
7.4 Cartelion.com is neither liable for the uninterrupted usability or accessibility of cartelion.com, nor for technically caused transmission delays or failures. In particular, Cartelion.com is not liable for the correct functioning of infrastructures or transmission paths of the Internet that are not within the responsibility of Cartelion.com or its vicarious agents.
7.5 Cartelion.com is not liable for damages caused by force majeure, acts of war, terror, natural disasters or other events beyond Cartelion.com's control (e.g. strikes, lockouts, power outages, traffic disruptions, government orders, etc.).
7.6 Cartelion.com is liable for damages resulting from injury to life, body or health according to the statutory provisions. The same applies to damages caused by intent or gross negligence. In the event of a breach of a material contractual obligation due to simple negligence (cardinal obligation), Cartelion.com's liability shall be limited to compensation for the foreseeable, typically occurring damage. The liability according to the product liability law remains unaffected by the above regulations. Any further liability of Cartelion.com is excluded.
7.7 To the extent that Cartelion.com's liability is excluded or limited, this shall also apply to Cartelion.com's employees, staff, representatives and vicarious agents.
8 GUARANTEES OF THE MANAGEMENT
8.1 The Member warrants that the profile information provided by him/her - with the exception of the pseudonym (username) - is true and that the content posted by him/her does not violate any statutory provisions (e.g. StGB, TMG, BDSG, MDStV, press laws, UWG, HWG, PAngV, JuSchG, etc.).
8.2 The member ensures that he/she holds all rights to the content he/she posts (e.g. profile information, texts, photos, graphic files, links, brands, company trademarks, products, descriptions, etc. in any form) that are necessary for use on cartelion.com and that conflicting rights of third parties (e.g. personal rights, trademark rights, copyrights, etc.) neither exist nor are violated in this respect.
8.3 The member shall ensure that the content posted by him/her is technically flawless and free of viruses. Members of full age or legal capacity are liable to Cartelion.com for any damage caused to Cartelion.com by any errors, viruses, worms, Trojans, etc. contained in the content posted by him/her.
8.4 The commercial member guarantees that all information posted by him/her on cartelion.com regarding the company and its offerings (e.g. profile information, brands, company trademarks, products, descriptions, prices, delivery times, usability, availability, etc. in any form, e.g. text, photos, graphic files, links, etc.) is true and correct.
9 RESPONSIBILITY AND DUTIES OF THE MEMBER
9.1 The member may use the services of cartelion.com exclusively for the intended purposes according to these GTC. The member is solely responsible for all content posted by the member on cartelion.com.
9.2 The member may post content (in particular texts, photos, illustrations, signs, symbols, trademarks, company logos, etc. in any form) on cartelion.com only to the extent that the member holds the rights required for publication on cartelion.com.
9.3 The member may send or post messages of any kind (e-mails, messages, guestbook entries, etc.) to members of cartelion.com exclusively for the purpose of private communication. In doing so, the member must refrain from untrue, offensive, harassing, defamatory, insulting, sexist, extreme political, extreme religious or extreme ideological statements.
9.4 The member may neither publish nor make available to third parties personal data of other members (e.g. names, photos, telephone and fax numbers, address data, e-mail addresses, etc.) or personal messages of other members of cartelion.com (e.g. e-mails, messages, etc.) without the prior express consent of the persons concerned.
9.5 The member may not publish, exchange or otherwise make accessible to third parties on cartelion.com any access data (in particular passwords), including his/her own access data for cartelion.com, e-mail addresses, postal addresses, telephone numbers, codes or serial numbers of any kind, with the exception of so-called messenger data (e.g. ICQ, MSN, etc.) and his/her own private homepage.
9.6 The member may not set links on cartelion.com to Internet pages with illegal content.
9.7 The member is not permitted to post the following content on cartelion.com - regardless of its form (e.g. in the member's own profile, in e-mails, messages, guestbook entries, forums, etc.) - without the member's prior consent.9.8.1 The member is not permitted to post the following content on cartelion.com - regardless of its form (e.g. in the member's own profile, in e-mails, messages, guestbook entries, forums, etc.) - without this list being exhaustive: propaganda material, symbols of unconstitutional organizations, incitement of the people, lies about Auschwitz, incitement or instruction to commit criminal acts, content glorifying war or violence, depiction of violence, threats, violation of human dignity, promotion or advertising of drugs, intoxicants or illegal substances of any kind in open or concealed form, as well as criminal content of any kind.
9.8.1 The member is strictly prohibited from posting or distributing erotic depictions of minors, minors in unnatural, gender-biased postures or pornography of any kind on cartelion.com - regardless of the form (e.g. in the member's own profile, in e-mails, messages, guestbook entries, forums, etc.).
9.8.2 The member is strictly prohibited from posting or distributing pictures or content of any kind on cartelion.com - regardless of the form (e.g. in the member's own profile, in e-mails, messages, guestbook entries, forums, livestream, etc. - the list is not exhaustive) - that suggest or show nudity, sexual or pornographic acts. As far as the sexual character is clearly recognizable and in the foreground of erotic depictions, the posting, distribution and publication on cartelion.com - no matter in which form - is not permitted. The member may not offer, announce, advertise, request, disclose or otherwise make available any opportunity for sexual acts. Cartelion.com reserves the right to change the username (pseudonym) of a member or to delete the profile if it contains inappropriate or offensive elements, violates applicable youth protection laws or possibly violates third party rights in parts (list not exhaustive).
9.9 Any unauthorized advertising - in any form whatsoever - in particular the sending of messages with commercial content (advertising, personal recruiting, chain letters, pyramid schemes, contests, lotteries, betting games snowball systems, etc.) to other members of cartelion.com as well as the use of personal data of other members (in particular names, photos, telephone and fax numbers, address data, e-mail addresses, etc.) for commercial purposes of any kind (in particular advertising) is strictly prohibited for the member.
10 ELECTRONIC ATTACKS
10.1 Electronic attacks of any kind on the servers / the databases / the network of cartelion.com or on individual users are strictly prohibited. Any electronic attack will result in the immediate exclusion of the responsible member and will - as far as legally possible - be prosecuted under civil and criminal law.
10.2 Electronic attacks are considered, without this list being exhaustive:
11 LEGAL CONSEQUENCES OF VIOLATING THIS GTC
11.2 Release from liability
The Member of full age or legal capacity shall indemnify Cartelion.com from all claims made by third parties against Cartelion.com, its legal representative(s) and/or vicarious agent(s) due to a violation by the Member of statutory provisions (e.g. StGB, TMG, BDSG, MDStV, press laws, UWG, HWG, PAngV, JuSchG, etc.), against the rights of third parties (e.g. personal rights and/or intellectual property rights such as trademarks/copyrights, etc.), or against contractual obligations, representations or warranties, including the costs of necessary legal defense (attorney's fees and court costs in the statutory amount) upon first request. The Member of full age or legal capacity is further obligated to support Cartelion.com in the defense of such third party claims to the best of his/her knowledge and belief and to provide the necessary information and/or disclosures for this purpose.
11.3 Contractual penalty
11.3.1 In the event of culpably untrue information about the company and its offer (Section 8.4), the Commercial Member shall be obligated to pay to Cartelion.com a contractual penalty of at least EUR 500.00 (in the sense of five hundred Euros) and a maximum of EUR 1,000.00 (in the sense of one thousand Euros), to be determined by Cartelion.com in its reasonable discretion in each individual case, depending on the severity of the violation.
11.3.2 If a Member of full age or full legal capacity culpably violates one or more provisions of the
the Member concerned shall pay to Cartelion.com a contractual penalty of at least EUR 2,000.00 (prev. two thousand Euros) and at most EUR 4,000.00 (prev. four thousand Euros), to be determined by Cartelion.com in its reasonable discretion in each individual case, depending on the severity of the violation.
11.3.3 If there are more than twenty-four (24) hours between several similar violations of a Member, the assumption of a unity of action and the so-called continuation connection is excluded. In such cases, the adult member or member with full legal capacity forfeits the contractual penalty with each new violation. In the event of a dispute, the contractual penalty determined by Cartelion.com in an individual case may be reviewed by the competent court at the Member's initiative.
11.4 In all cases mentioned in section 11.3 above, the Member of full age or legal capacity is obligated, upon request, to submit a cease-and-desist declaration to Cartelion.com and to reimburse Cartelion.com for the costs of the necessary legal action (attorney's fees) in the statutory amount.
11.5 The assertion of further claims, in particular claims for damages, remain unaffected with respect to Members of full age or full legal capacity.
12 INVOLVEMENT OF THIRD PARTIES
12.1 Cartelion.com is entitled to transfer the rights and obligations under this contract in whole or in part to third parties, in particular to commission third parties with the provision of parts or the entire range of its services. The guarantee of data protection remains unaffected.
12.2 The Member is not entitled to transfer the rights and obligations under the usage relationship in whole or in part to third parties.
13 AMENDMENT OF THE GENERAL TERMS AND CONDITIONS
Cartelion.com is entitled to change these GTC at any time and without giving reasons. The amended GTC shall be sent to the User by e-mail two (2) weeks prior to their entry into force. If the User does not object to the validity of the amended GTC within two (2) weeks after receipt of the e-mail, the amended terms shall be deemed accepted. Cartelion.com shall separately inform the User of the significance of the two-week period in the e-mail containing the amended terms and conditions. If the User objects to the validity of the amended GTC, Cartelion.com may terminate the existing user relationship with immediate effect, excluding any claims for damages by the User, and delete all data stored under the User's profile. Cartelion.com will also separately point this out to the user in the e-mail containing the amended terms and conditions.
14 JURISDICTION AND APPLICABLE LAW
As far as legally permissible, the place of jurisdiction is Berlin. These GTC and the legal relationship between Cartelion.com and the Member shall be governed by the laws of the Federal Republic of Germany, excluding the rules of private international law (IPR) and the UN Convention on Contracts for the International Sale of Goods (CISG).
15 CANCELLATION POLICY
15.1 Right of revocation
You have the right to cancel this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day.
To exercise your right of withdrawal, you must inform us of your decision to withdraw from this contract by means of a clear declaration (e.g. a letter sent by post, telephone or e-mail).
In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
15.2 Consequences of revocation
If you revoke this contract, we shall reimburse you for all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the most favorable standard delivery offered by us), without undue delay and no later than within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment.
16 CONTRACT LANGUAGE
Contract language is German.
17 SEVERABILITY CLAUSE
Should individual provisions of these GTC be or become invalid or unenforceable, this shall not affect the validity of the remaining provisions of the GTC and the contract of use. The invalid or unenforceable provision shall be replaced by a valid and enforceable provision whose effects most closely approximate the economic objective pursued by the contracting parties with the invalid or unenforceable provision. The above provisions shall apply mutatis mutandis in the event that the contract proves to be incomplete.