markt 8 GmbH
Im Dörener Feld 2
Fon +49 (0) 52 51 / 5 40 19 74
Fax +49 (0) 52 51 / 5 40 15 59
Mr. Alexander Marx
Fon +49 (0) 52 51 / 5 40 19 74
Mr. Manuel Hertel
Fon +49 (0) 52 51 / 5 40 19 72
With the registration as user at www.about-drinks.com you accept (hereinafter referred to as "User") the following General Business Terms for the use of about-drinks.com.
The operator company markt 8 GmbH (hereinafter referred to as ""markt 8"") operates under the top-level domains about-drinks.com, oncircus.de as well as under various subdomains and aliases of these domains the services of about-drinks.com. These General Business Terms regulate the contractual relationship between the user and markt 8 irrespective of on which of the about-drinks.com websites the user is registered or loggen in. The offer is exclusively oriented to persons of age who use the about-drinks.com websites when performing their commercial or freelance activity.
The user concludes the contract for the use of the services of about-drinks.com with markt 8 GmbH, Im Dörener Feld 2, 33100 Paderborn, Germany. Further contact details, the details from the register of companies as well as the name of a person who is entitled to representation of markt 8 GmbH can be taken from the masthead. The user can call, print out as well as download or save these General Business Terms at all times, also after conclusion of the contract under the link "Terms & Conditions" which can be reached from each of the about-drinks.com websites.
1. Object of the portal about-drinks.com
1.1 The about-drinks.com website offers registered users two memberships:
a) a free membership (hereinafter referred to as ""free membershipt"") and
b) a membership which is liable to costs (hereinafter referred to as ""premium membership"").
1.2 Details relating to the remuneration of the premium membership are regulated on the about-drinks.com websites in the field my profile/membership. The prices named there are binding. The remuneration for the premium membership are due and payable immediately with invoicing for the whole term. The user can settle these by means of the payment functionalities offered there. If a remuneration cannot be collected the user shall bear all ensuing costs, in particular bank fees associated with the return of direct debit mandates and comparable fees to the extent as he is responsible for the event which triggers off the costs.
1.3 about-drinks.com shall only make the data and/or information provided by the user available to the other users insofar these data and/or information do not breach statutory regulations or these General Business Terms. markt 8 GmbH is entitled to remove unlawful contents from the about-drinks.com website without prior announcement.
1.4 The user acknowledges that a 100% availability of the about-drinks.com website cannot be realised from a technical point of view. However, markt 8 GmbH makes an effort to keep the about-drinks.com websites constantly available as far as possible. In particular maintenance, safety or capacity interests as well as events which are not in the field of influence of markt 8 GmbH (such as e. g. interferences of public communication networks, power faillures, etc.) can lead to short-term interferences or to temporary suspension of the services on the about-drinks.com-Websites.
1.5 markt 8 GmbH merely offers the user with about-drinks.com a platform in order to bring the user together with other users and only provides for this purpose such technical applications, which enable general contacts of the users to each other. markt 8 GmbH does not take part in terms of contents in the communication of the users to each other. Insofar as the users conclude contracts among each other through the about-drinks.com websites markt 8 GmbH shall not participate therein and is therefore not deemed as a contractual partner. The users are solely responsible for the processing and satisfaction of the contracts concluded among each other. markt 8 GmbH shall not be liable in case no contact is established between the users through the about-drinks.com websites in connection with such a contract. markt 8 GmbH shall further not be liable for breaches of duty of the users from the contracts concluded between the users.
2.1 The user must register before using the services of the about-drinks.com websites.
2.2 The user assures that all data entered by him during the registration are true and complete. The user may not use any pseudonyms or stage names.
2.3 The user assures that he is of age at the time of the registration.
2.4 The user shall choose a password during the registration. He undertakes to keep his password secret. markt 8 GmbH shall not forward the password to third parties and at no time ask the user about the password.
2.5 Through the completion of the registration process the user submits an offer for concluding the contract concerning the use of the services of about-drinks.com-Websites. markt 8 GmbH accepts this offer by activating the user for the services of about-drinks.com-Websites. The contract between the user and markt 8 GmbH is concluded through this acceptance.
2.6 Each user may only register one time and only create one user profile.
2.7 Through the completion of the registration process the user declares that he is willing to also have his profile displayed on the public about-drinks.com website. His profile may further be found in search engines. The user has the possibility at all times to deactivate these settings for the protection of his private details in his profile under the navigation point ""master data"".
2.8 markt 8 GmbH can not determine with certainty from a technical point of view whether a user registered on the about-drinks.com websites in fact represents the person, who pretends to be the user. Therefore markt 8 GmbH does not assume any warranty for the actual identify of a user. Each user must therefore convince himself of the identity of another user.
3. Duties of the user
3.1 The user undertakes to exclusively use true and not misleading details in his profile and his communication with other users and not to use any pseudonyms or stage names.
3.2 to only send such photos of his person to the about-drinks.com websites which allow the user to be recognised clearly. The user shall ensure that the public rendition of the photos sent by him is permitted on the about-drinks.com websites. The transmission of photos or diagrams of other or non-existing persons or other creatures (animals, phantasy creatures etc.) is not permitted.
3.3 to comply with the applicable law as well as all rights of third parties with the use of the contents and services on the about-drinks.com websites. The user is in particular not permitted to use insulting or slanderous contents irrespective of whether these contents relate to other users, about-drinks.com employees or other persons or companies, to use pornographic contents or contents which violate youth welfare laws or advertise, offer or sell and distribute pornographic products or products which violate youth welfare laws or to unreasonably harass other users (in particular through spam) (cf. § 7 Law against unfair competition UWG), to use contents which are protected by law (e.g. through the copyright, trademark, patent, registered design or utility model law) without being entitled, or advertise, offer or sell and distribute goods or services protected by law as well as undertake or promote acts which breach competition, including progressive customer soliciting (such as chain, snowball or pyramiden systems).
3.4 to refrain from the following, disturbing acts, even if this should not concretely violate any laws: dispatch of chain letters, sending of identical private messages to several users at the same time, execution, advertising and promotion of structural sales and distribution measures (such as multi-level-marketing or multi-level-network-marketing) or insinuating or sexually marked communication (explicit or implicit).
4. Acts prohibited to the user
The user is prohibited from the following acts: use of mechanisms, software or scripts in conjunction with the use of the about-drinks.com website. Each act which is suitable for impairing the functionality of the about-drinks.com infrastructure in particular from putting excessive strain on this.
5. Changes to the services on the about-drinks.com websites
markt 8 GmbH reserves the right to change the services offered on the about-drinks.com websites or offering deviating services unless this is not deemed reasonable for the user.
6. Termination of the contract, repayment of remuneration paid in advance
6.1 The user can terminate the free membership at all times without stating any reasons. The termination can be carried out by e-mail to firstname.lastname@example.org. The first name, last name and user name are to be stated in the termination.
6.2 The user and markt 8 can terminate the premium membership without stating any reasons with a period of notice of fourteen (14) workdays to the expiry of the minimum period of use booked in the registration process (12 months in case not expressly changed). The termination can be carried out per e-mail to email@example.com. Alternatively the termination can also be carried out in writing to the postal address of markt 8 GmbH (masthead). The first name, last name and user name are to be stated in the termination. After the termination of the premium membership by the user the user will retain the free membership until its termination.
6.3 An important reason for markt 8 GmbH lis in particular if the continuation of the contractual relationship is not deemed reasonable until the expiry of the statutory period of notice for markt 8 GmbH by taking into account all circumstances of the individual case and by weighing up the interests of markt 8 GmbH and of the user. Important reasons are in particular the following events: non-compliance with statutory regulations by the user, breach of the user of his contractual duties, in particular from Subclause 3 and 4 of these General Business Terms, the reputation of the services offered on the about-drinks.com websites is substantially impaired through the presence of the user (e. g. if it is determined after registration of the user that the user has been sentenced final and absolute owing to a wilful criminal offence and other users are aware of this sentence); the user advertises for organisations or communities - or their methods or activities -, which are observed by security or youth welfare authorities; the user damages one or several other users or the user is a member of a sect or a religious community which is disputed in Germany.
6.4 With the existence of an important reason according to Subclause 6.3 markt 8 GmbH can irrespective of a termination according to Subclause 6.3 also impose the following sanctions against the user: deletion of contents which the user entered, announcement of a warning or blocking of the access to the services of the about-drinks.com-websites.
6.5 In the following cases the claim of the user for repayment of the remuneration which was paid in advance is excluded: markt 8 GmbH terminates the contract according to Subclause 6.3 for an important reason, markt 8 GmbH blocks the access of the user according to Subclause 6.4 or the user terminates the contract; the claim of the user for repayment of remuneration which was already paid in advance is however not excluded if the user terminates for an important reason which stems from the area of responsibility of markt 8 GmbH.
Claims for damages - no matter for what legal grounds - against markt 8 GmbH (incl. its vicarious agents) which presume slight negligence shall only exist if an essential contractual duty/cardinal duty has been breached. Claims for damages are in this case limited in terms of amount to the typical foreseeable damages. Claims owing to physical injuries as well as owing to property damages according to the product liability act. remain unaffected.
the user indemnifies markt 8 GmbH from all claims, including claims for damages, which other users or other third parties assert against markt 8 GmbH owing to a breach of their rights through the contents entered by the user on the about-drinks.com websites. The user further indemnifies markt 8 GmbH ferner from all claims including claims for damages which other users or other third parties against markt 8 GmbH owing to the breach of their rights through the use of the services of the about-drinks.com websites by the user. The user assumes all reasonable costs incurred to markt 8 GmbH owing to a breach of rights of third parties including the reasonable costs incurred for the legal defence. All further rights as well as claims for damages of markt 8 GmbH remain unaffected.
9. Data protection
markt 8 GmbH is aware that a particularly sensitive handling of all personal data, which the users send to about-drinks.com, is extremely important for the users. markt 8 GmbH complies therefore with all relevant statutory data protection stipulations (German data protection laws, European data protection directives and any other applicable data protection law). markt 8 GmbH shall in particular not forward the personal data of the users to third parties without authorization or allow third parties to otherwise gain knowledge thereof.
10. Rights to contents
By entering his contribution in a forum the user grants markt 8 GmbH an unlimited, irrevocable and transferable right of use to the respective contribution which entitles markt 8 GmbH to all type of exploitation in particular to the permanent reservation of the contribution in the corresponding forum both on its sites as well as on the websites of its cooperation partners as well as to the other marketing of the forum. markt 8 GmbH thus has the right of use to all contributions to the discussion forums it operates. A reproduction or the use of the contributions or their contents in other electronic or printed publications is not permitted without the express written consent of markt 8 GmbH. The copying, downloading, distribution and marketing as well as saving of contents of about-drinks.com or third party is, with the exception of the caches is not permitted within the framework of the visit to the forum pages without their express consent.
11. Final provisions
11.1 The contract and its amendments must be made in writing. There are no collateral agreements.
11.2 markt 8 GmbH reserves the right to amend these General Business Terms at all times without stating any reasons unless this is not deemed reasonable for the user.
11.3 Should individual regulations of these General Business Terms be or become invalid this shall have no effect on the validity of the other regulations. The contractual partners undertake to replace an invalid regulation by such an effective regulation which shall as far as possible correspond with the commercial intention of the invalid regulation in its regulations. This shall apply accordingly with loopholes in the contents.
11.4 The place of performance is the registered seat of markt 8 GmbH.
11.5 The place of jurisdiction is, insofar as permitted by law, the registered seat of markt 8 GmbH.
11.6 German law shall apply under the exclusion of international private law and the UN law on the international sale of goods which was taken over into German law.