Terms and Conditions
This English translation is provided for convenience. The German version is legally binding.
General Terms and Conditions (GTC)
By registering your business at https://www.diebestenderstadt.de you agree to the following General Terms and Conditions (GTC). The portals mentioned are referred to collectively below as "dieBestenderStadt Media GmbH".
1. General
1.1 "dieBestenderStadt Media GmbH" (here: Provider) enables entrepreneurs (here: Users) to independently maintain and promote content such as offers, services, events and much more via an administration interface (here: Offering). The software makes it easier for the User to create content by generating content automatically. No fee is charged for the use of the service; however, dieBestenderStadt Media GmbH reserves the right to introduce a usage fee for its service. In that case, "dieBestenderStadt Media GmbH" will inform Users at least two weeks in advance.
1.2 The Provider renders its services exclusively on the basis of these General Terms and Conditions (here: GTC).
1.3 Deviating general terms of use, including those submitted by the User as part of the content, do not apply unless their validity is confirmed in writing by the Provider.
2. Conclusion of contract
2.1 For the electronic directories maintained under "dieBestenderStadt Media GmbH", the Provider offers the option of creating and supplementing a listing yourself with certain data in order to improve findability (here: "Self-listing").
2.2 After the online registration form available at dieBestenderStadt Media GmbH (here: "Registration Form") has been completed and submitted, the Provider sends an overview of all the data you have provided, together with a confirmation link, to the email address given by the User. By clicking this link, the User makes a legally binding offer to conclude a contract on the basis of these GTC. With its content, this offer also counts as a directory entry request pursuant to § 104 TKG.
2.3 The Provider may accept the offer by publishing the information submitted to it on its website in accordance with the procedure described in Section 3.
2.4 The Provider is under no obligation to publish at any time.
3. Services of the Provider
3.1 As part of this Offering, the Provider enables the User to create a profile at "dieBestenderStadt Media GmbH". For this purpose, the User can enter the relevant contact details (e.g. name, address, telephone and fax number) in the Registration Form and supplement them with certain additional information (e.g. dates, news, training times, website and email addresses, images). The Provider may change the available categories of information at any time and without giving reasons.
3.2 The Provider will include the information submitted by the User on the website of "dieBestenderStadt Media GmbH", provided it meets the requirements of these GTC. There is no exclusion of competitors and no entitlement of the User to a particular placement, ranking, position, etc.
3.3 The Provider is entitled, but not obliged, to use the information and pass it on to third parties at any time.
3.4 The Provider is furthermore entitled to discontinue the service for technical, legal or commercial reasons; the User has no entitlement to the continuation of the service offered. The Provider is also entitled to make editorial and/or other content changes where necessary.
4. Obligations of the User
4.1 The User alone bears responsibility and liability for the content of the listing, for all information contained therein and for any legal consequences that may arise from it. The User undertakes to provide only such information as they are entitled to pass on and distribute. In particular, it is solely the User's responsibility to clarify, on their own initiative, any questions of professional law, competition law, trademark law, copyright law and the law of names before concluding this contract.
4.2 If claims are asserted by third parties against the Provider or a company affiliated with the Provider within the meaning of §§ 15 et seq. AktG on the basis of the information provided by the User or the content of the listing, the User shall indemnify the Provider and the company affiliated with the Provider within the meaning of §§ 15 et seq. AktG against all third-party claims. The indemnity also covers the costs of any necessary legal defence.
4.3 Furthermore, the Provider reserves the right to immediately block or not publish a listing that violates statutory provisions and/or these General Terms and Conditions, or to terminate the contract without notice.
5. Warranty and liability
5.1 The Provider's warranty and liability, on whatever legal grounds, is excluded to the extent permitted by law, unless the Provider is guilty of intent or gross negligence or, in the case of slight negligence, of breaching obligations whose fulfilment is essential to the proper performance of the contract in the first place (so-called cardinal obligations). In the latter case, liability is limited to foreseeable damage typical of the contract.
5.2 In particular, the Provider assumes no warranty or liability for the uninterrupted availability of the service. The Provider has no influence on the transmission of data over the internet.
5.3 In the event of force majeure and for circumstances beyond the Provider's control, any claims for damages and warranty claims are likewise excluded.
6. Limitation period
To the extent permitted by law, the limitation period for all claims (including claims for damages) is one year, unless there is intent. Also excluded from this are claims arising from injury to life, body or health and claims under the Product Liability Act (Produkthaftungsgesetz).
7. Term/termination
Via the profile management, the User can upgrade their profile for a fee to a profile with extended functionality (premium profile). The contract is only accepted once the Provider has activated it. This contract has a fixed term of 12 months agreed between the User and the Provider and is automatically renewed for a further 12 months until the User cancels the renewal of the contract. Notice of termination must be sent in writing three months before the end of the contract to: dieBestenderStadt Media GmbH, Christian Karl, Zeppelinstraße 10, 76829 Landau, and takes effect at the end of the contract based on the date of the postmark. The term begins when the listing is published online. The right of both parties to terminate for good cause remains unaffected.
8. Data protection
When handling the User's data, the Provider complies with the relevant statutory data protection regulations, in particular the provisions of the German Telemedia Act (TMG) and the German Federal Data Protection Act (BDSG). Personal data, and in particular the User's registration data, are stored, used and, where applicable, passed on for the purpose of use within the service offered, in particular for display on "dieBestenderStadt Media GmbH".
9. Miscellaneous
These listing conditions and all legal disputes arising from the contractual relationship between the User and the Provider are governed exclusively by German law, excluding the UN Convention on Contracts for the International Sale of Goods. To the extent permitted, Landau is agreed as the exclusive place of jurisdiction for all disputes between the Provider and the User. The application of § 312 e BGB is excluded between the User and the Provider.