General terms and conditions of trade for the use of mynetfair
The mynetfair AG (hereinafter referred to as "mynetfair") is the operator of mynetfair. These general terms and conditions (hereinafter referred to as “mynetfair GTC”) regulate the contractual relationship between mynetfair and natural and juristic persons, who use the telecommunication service offered by mynetfair (hereinafter referred to as “user”).
The mynetfair GTC will be acknowledged by the user upon registration and refer to the use of the websites of www.mynetfair.com, www.mynetfair.de, www.mynetfair.fr, www.mynetfair.es, www.mynetfair.pt, as well as all of the sub-domains belonging to these domains and partial areas (hereinafter referred to collectively as: "mynetfair websites"). The data protection conditions also apply to mynetfair.
1. General conditions
1.1. The mynetfair websites offer registered users a closed and free contact forum for the mediation of business contacts as well as the use of further basic functions for product and company searches. Use is undertaken on one’s own responsibility. A claim for support or moderation from mynetfair does not exist.
1.2. The user is authorised to use the services and contents provided on the mynetfair websites. Any other use exceeding this requires prior written permission from mynetfair.
1.3. The data and/or information provided by the user will only be made available on mynetfair websites if this data and/or information does not impinge on legal regulations or the mynetfair GTC. mynetfair is authorised to remove unlawful content from the mynetfair websites without any previous notice.
1.4. mynetfair does not take over any responsibility for the technical availability of the services on offer. A warranty or claims for recovery of damages of any type in the case of technical failure or other operational disturbances are excluded. In particular, maintenance, safety or capacity concerns, as well as incidents, which are not under mynetfair’s control (such as disturbances of public communication networks, loss of electricity etc.), can lead to short-term disturbances or temporary setting of the service.
1.5. The user is offered a contact and communication platform with diverse applications. mynetfair does not take part in the contents of the communication part and is not responsible for the communication which takes place. Should any contracts be concluded using mynetfair websites, mynetfair does not participate in them and is not a contractual partner. The user alone is responsible for the fulfilment and development of any contracts concluded. Furthermore, mynetfair is not liable for any damages caused by the users from these contracts.
1.6. mynetfair is free to change the services offered on the mynetfair websites or to offer different services. Apart from this, mynetfair reserves the right build up the current payable membership level with extra functions, to block diverse functions of the non-payable membership or to increase the general fees for membership. The user will be informed in detail about such measures in advance. Prices are valid according to the separate tariff table. Changes to the mynetfair GTC are possible in connection with this according to the regulations in § 8.
2. Registration conditions
2.1. The user must register before making use of the services on the mynetfair websites. Registration is only permitted for juristic and unlimited legally competent persons who use the mynetfair websites exclusively for their business or freelance activities. mynetfair reserves the right to offer registration also for natural persons in the future. With registration, the user ensures that all of the information provided by him/her is accurate and complete. The user may not use any pseudonyms or pen names. If any changes occur after registration, the user is obliged to the make the necessary changes immediately.
2.2. The user ensures that he will only provide photos or videos of his/her products to mynetfair websites which are current and whose use is clearly recognisable. The user accepts responsibility for the above-named works relating to press laws and copyright laws. Providing photos, videos or illustrations which do not depict the product or its use, or which depict people, is not permitted.
Global copyright law applies to text, images and graphics, as well as the layout of the pages. Prohibited use, reproduction or propagation of content or complete pages will be prosecuted according to penal and civil law.
© 2009 mynetfair
2.3. Upon registration the user receives a password. He is obliged to keep the password secret. mynetfair will not pass the password onto third parties and will never ask the user for his password at any time. Request for the password for the login page and in web forms will only be undertaken by mynetfair under the URLs found here.
2.4. user may only register once and may only set up one user profile.
2.5. A user account is non-transferable.
2.6. mynetfair does not provide any guarantee for the actual identity of a user. It is therefore the responsibility of each user to convince themselves as to the identity another user.
3. User obligations
3.1. When using the content and services on the mynetfair websites, the user is obliged to observe all of the applicable laws and third party rights. The user is particularly forbidden to:
- use offensive or slanderous content, irrespective of whether this content relates to other users, other persons or other companies,
- use content which ispornographic or violates youth protection laws, or to advertise, offer or sell products which are pornographic or offend youth protection laws,
- use legally protected content (e.g. by copyright, trademark, patent, registered design or utility model laws) without being authorised to do so or to advertise, offer or sell legally protected goods or services
- undertake or encourage unfavourable competitive negotiations including progressive customer canvassing (such as chain, snowball or pyramid systems).
3.2. While using the communication features within mynetfair, the user is also not permitted to:
- harass other users unreasonably in terms of § 7 UWG (The Act Against Unfair Competition),
- carry out the despatch of chain letters (SPAM)
- to carry out, advertise or encourage structural operational measures (such as multi-level marketing or multi-level network marketing)
- to communicate suggestively or with a sexual nature (explicit or implicit)
3.3. The following acts are forbidden to the user:
- the use of mechanisms, software or scripts in connection with use of the mynetfair websites,
- copying by using the "robot/crawler" search engine technology,
- distribution and public reproduction of contents on the mynetfair websites or from other users,
- each act which is able to impair the functionality of the infrastructure of mynetfair or to place excess burden on it.
3.4. The layout of mynetfair websites and the mynetfair GTC may only be reproduced and/or used on other websites with the prior written permission of mynetfair.
4. Sanctions, withdrawals and cancellation
4.1. mynetfair can apply suitable reasonable measures if there is concrete evidence that a user has damaged legal regulations, third party rights or the mynetfair GTC, or if mynetfair has an authorised interest, in particular in the protection of others against fraudulent activity.
4.2. Without any previous warning, mynetfair may delete any content entered by the user, issue a warning or block access to the services of the mynetfair websites if the following factors are present:
- Non-compliance with legal regulations by the user,
- False contact details, in particular a false or invalid e-mail address,
- User breaches against their contractual duties as stated in the mynetfair GTC, especially the conditions mentioned in section 3,
- Advertising for federations or communities which are under the observation of safety or youth protection laws,
- The user is undergoing legal procedings due to his business conduct and is therefore damaging one or more other users.
4.3. The license relationship runs for an undetermined length of time. mynetfair can cancel the license agreement at any time with a notice period of onemonth; CET is valid here. The right to block is unaffected by this.
4.4. mynetfair can cancel the contract at any time if an important reason is present without complying with a notice period, especially if continuation of the contract is no longer reasonable for mynetfair.
4.5. The user may cancel the license agreement at any time with immediate effect. Written notice to mynetfair AG, Zentrum am Markt – Eurodistrict Strasbourg / Ortenau, Blumenstrasse 2, 77694 Kehl / Rhine, Germany, or an e-mail to firstname.lastname@example.org is sufficient for the cancellation declaration. The user’s registered e-mail address must be provided upon cancellation. In case of a cancellation paid fees will not be refunded for partial periods.
4.6. The payment is on an annual basis. The invoice will be issued for a 12-months-period in advance.
5. Responsibilities and liability limitation
5.1. mynetfair does not accept any responsibility for the contents, data and information provided by users, or for the contents of linked websites and excludes any liability in connection with this. In particular, mynetfair does not guarantee that the contents are relevant, or fulfil or serve a specific purpose.
5.2. mynetfair is only liable for damages if, and in as far as, mynetfair, their legal representatives or management staff are responsible for intent or gross negligence. For any other assistants, mynetfair is only liable for intent if the basic contractual duties are damaged by gross negligence. mynetfair is also liable for damages which are caused by negligence as long as the damage caused by negligence refers to the contractual duties, of which compliance has a special meaning for achieving the contractual purpose (cardinal obligations). In these cases, claims for damage liability are limited to the sum of the typical foreseeable damages upon entering the contract. In connection with this, mynetfair is not liable for the replacement of indirect damages/subsequent damages and especially not for loss of earnings.
The user frees mynetfair from all claims which other users or other third parties exercise against mynetfair due to a damage of their rights or statutory violations through the content provided on mynetfair websites by the user or due to other uses of the mynetfair websites. In this case, the user must also cover the costs of any necessary legal defence of mynetfair, including all court and solicitor costs. All further rights and damage claims by mynetfair remain unaffected. The aforementioned duties of the user do not apply if the user does not represent the relevant legal damages.
7. Data protection law terms
7.1. The user agrees that mynetfair may save, process or pass on personal details according to the terms of the data protection laws – including under application of automatic data processing – as long as this is exclusively intended for business purposes within the scope of mynetfair.
7.2. The user agrees that mynetfair may use personal details and data for their own marketing purposes within the scope of mynetfair, such as the despatch of e-mails with general information or of an advertising nature (newsletter). The user can revoke this agreement at any time.
7.3. The user agrees that mynetfair may transfer personal details, company and product data and pictures irrevocably to third parties i.e. to inform the visitors of the platforms of mynetfair’s cooperation partners about the products of mynetfair’s users. Regularly, this information will already be displayed on the mynetfair platform with free access for anyone.
7.4. Details on processing user data are regulated by the mynetfair data protection terms, see separate information under Data Protection.
8. Contract transfer to third parties
mynetfair is authorised to transfer the legal rights and duties from this license agreement completely or partially to a third party with a notice period of four weeks. In this case, the user is authorised to cancel the license contract within a notice period of two weeks after receipt of the transfer notice in writing to mynetfair AG, Zentrum am Markt – Eurodistrict Strasbourg / Ortenau, Blumenstrasse 2, 77694 Kehl / Rhine, Germany or an e-mail to email@example.com. The user’s registered e-mail address must be provided upon cancellation. In case of a cancellation paid fees will not be refunded for partial periods.
9. Final clauses
9.1. Changes or extensions to the mynetfair GTC must be made in writing. This is also valid for the abolishment of the requirement of the written form. No side arrangements are possible.
9.2. mynetfair reserves the right to change the terms of the mynetfair GTC at any time without naming any reasons. The changes to the terms will be sent to the users by e-mail at least two weeks before taking effect. If the user does not object to the validity of the new mynetfair GTC within a period of two weeks after receipt of the e-mail, the changes to the mynetfair GTC will count as accepted. In the information provided, mynetfair will notify the user about his right to object and about the meaning of the objection period.
9.3. Should individual clauses of the mynetfair GTC be or become ineffective, it does not affect the effectiveness of the remaining clauses. The ineffective term should be replaced with a clause which comes as close as possible to the economic sense and purpose of the ineffective clause and which is legally valid. The same is valid for any possible loopholes.
9.4. The place of execution is the company location of mynetfair.
9.5. The court of jurisdiction is the legally responsible court for the mynetfair company location.
9.6. German law is exclusively valid with exclusion of the clauses of private international law and the clauses of private international law taken into German law.
9.7. In case of discrepancy between the English version and the German version (mynetfair AGB) of the mynetfair GTC, the German version shall prevail.