1 | Preamble
2 | Conclusion of the contract
The contract is concluded as follows:
a) For reviews: By filling out the corresponding form on the website and clicking on the button with the inscription "Submit" or “Contribute” or another inscription within identical meaning, the User submits his offer to conclude the contract according to these conditions. The Contract is accepted by the Provider to the User by sending a corresponding declaration by email.
3 | Copyrights to published content
(1) The Provider enables the uploading of Content on the Platform.
(2) The Provider is entitled to share uploaded Content on social media (for example on Facebook, Twitter, Instagram, etc.).
(3) The User may only upload Content where he owns sufficient copyright to reproduce, distribute and/or make it available to the public on the Platform according to paragraph 1, and which enables the Provider to share in accordance with paragraph 2. The User shall only upload Content to the best of his knowledge and not to publish false information.
(4) The Provider only checks the Content submitted by the User for legal admissibility if a third party claims to have been infringed in its own rights by the Content provided.
(5) The User shall indemnify the Provider from all claims, including reasonable costs of prosecution and defense, which are levied by third parties against the Provider with regard to the reason, the Content uploaded by the User infringes respective third party in its own rights.
4 | Limitation of liability
(1) The Provider is liable in the context of this contract basically only for damages, (a) the Provider or its legal representatives or vicarious agents have caused intentionally or grossly negligent or (b) from injury to life, body, or the health caused by a breach of duty by the Provider or one of its legal representatives or vicarious agents. The Provider is further liable (c) for damages caused by an infringement of an obligation of the Provider, whose fulfilment is essential for the due and proper implementation of the contract, and whose fulfilment the Client can regularly rely on (cardinal obligation).
(2) The Provider is liable in the cases of paragraph 1, letters (a) and (b) in the amount within the scope of the statutory liability. Incidentally, the claim for damages is limited to the foreseeable, contract-typical damage.
(3) In cases other than those referred to in paragraph 1, the liability of the Provider is excluded, irrespective of the legal grounds.
(4) The liability provisions in the preceding paragraphs also apply to personal liability of the agencies, employees, and vicarious agents of the Provider.
(5) Insofar as liability under the Product Liability Act comes into consideration from the assumption of a guarantee or fraudulent misrepresentation, it remains unaffected by the above liability regulations.
5 | Final provisions
(1) German law shall apply to the exclusion of the UN Sales Convention (CISG), insofar as this does not lead to the consumer being deprived of the protection afforded him by the provisions of which, under the law, apply in the absence of a choice of law would not be deviated by agreement.
(2) Should any provision of this Agreement be wholly or partially invalid or unenforceable, or later lose effectiveness or feasibility, this shall not affect the validity of the remaining provisions. The parties undertake to agree, in place of the ineffective or unenforceable provision or to fill the regulatory gap, an appropriate provision which, as far as legally permissible, comes closest to what the parties intended or would have intended according to the spirit and purpose of the contract, if they knew the ineffectiveness or the regulatory gap. If the ineffectiveness or unenforceability of a provision is based on a measure of performance or time specified therein (time limit or deadline), the closest legally permissible measure shall be agreed. It is the express intention of the parties that this clause does not result in a mere reversal of the burden of proof, but § 139 BGB is waived altogether.
Date: 12 July 2018
Fa. NextStop24, Owner Caroline Harsch.