These General Terms and Conditions (hereinafter referred to as “Terms and Conditions”) by lawyer Marian Härtel apply to all contracts that I offer through my lawyer’s website. The inclusion of own conditions is opposed unless otherwise agreed.
You are responsible for securing the password that you use to access my services.
You agree not to share your password with third parties. You must notify me immediately if you become aware of a breach of security or unauthorized use of your account.
You may not use as a user name a name of another person or entity that is not lawfully available for use; a name or trademark without permission for which the rights are granted to any person or organisation other than you; or a name that is offensive, vulgar, or obscene.
This contract text is stored by me, the acceptance is assigned to your possible user account. You can print out these terms and conditions at any time or receive a text form from me.
1 Registration, conclusion of the contract and subject matter
1.1. A prerequisite for the use of the itMediaLaw community is registration via the appropriate form. After registration, you will receive a confirmation email to verify your data, which will allow you to confirm your registration. With the activation of your account, the free community usage agreement is concluded.
1.2. The subject of the contract is the free use of the functions of the community on ITMediaLaw and all associated portals and platforms as an online communication platform. For this purpose, you will be provided with an “account” with which you can post and topics in the forum and use other features offered. Use is free of charge unless otherwise stated
1.3. In principle, there is no legal right to activation or participation in the community. My unrestricted virtual home law applies. This also means that I reserve the right to suspend or delete an account at any time. Deviating deadlines only apply to any content that may be subject to a fee.
1.4. Your forum account may only be used by you. You, as the owner of the account, are also responsible for protecting against its misuse. Your access data must therefore be protected from access by third parties. The use of trademarked words and Internet addresses as user names is not permitted.
1.5. I try to offer the service as uninterrupted as possible. Even with all due care, however, downtime cannot be excluded in which the web servers are affected by technical or other problems that are not within my control (fault of third parties, force majeure, attacks against the infrastructure by hackers, etc.), is not available on the Internet. You acknowledge, especially when using the website for free, that a 100-year availability of the website is not technically feasible.
1.6. I reserve the right to modify and extend the content and structure of the Platform and the associated user interfaces if this does not or only insignificantly impairs the performance of the contract concluded with the User.
1.7. The purpose of the forum is a community addressed to the public in which users maintain a peaceful and respectful manner without insulting hostility.
2 Obligations as a forum user
2.1. You agree that you will not publish any contributions that violate these Terms and Conditions, morality or any other applicable German law. In particular, you are prohibited from
- publish offensive or untrue content;
- send spam to other users via the system;
- use protected content without authorization, in particular by copyright and trademark law;
- anti-competitive acts;
- To set your topic several times in the forum;
- publish third-party press articles in the Forum without the consent of the author;
- advertising on the Forum without express written permission. This also applies to so-called sneaky advertising, such as linking your own homepage with or without side text in the signature or within contributions. Homepage URLs and address or contact details may only be published in the user profile of the forum.
2.2. You agree to review them before publishing your posts and topics to see if they contain information that you do not want to publish. Your posts and topics can be recorded in search engines and thus accessible worldwide. A claim for deletion or correction of such search engine entries against me is excluded.
2.3. In the event of a breach, in particular of the aforementioned rules, Section 2 para. 1 and 2, I reserve the following right:
- deletion or modification of content that the user has posted,
- Statement of a warning or
- Blocking access to the forum.
2.4. Should third parties or other users use me for possible legal violations that may a) result from the content you have posted and/or b) if you use the Services, you agree to indisclaim any claim, including claims for damages, and to reimburse me for any costs incurred as a result of the possible infringement. You agree to assist me in legal defense against third parties in good faith with information and documentation. All further rights as well as claims for damages remain unaffected. If you are not responsible for the possible infringement, the above obligations do not exist.
3 Transfer of rights of use
3.1. The copyright for your topics and contributions, insofar as they are entitled to copyright, remains with you in principle. However, by setting a topic or post, you give me the right to keep the topic or post permanently on my website and all related apps and platforms. I also have the right to delete, edit, move or close your topics and posts.
3.2. The aforementioned rights of use will remain in place even in the event of termination of the Community Account.
4 Limitation of Liability
4.1. I do not accept any liability for the contents posted in the forum, in particular not for their correctness, completeness and topicality.
4.2. I am liable for intent and gross negligence as well as for breach of an essential contractual obligation. Essential contractual obligations are those whose fulfilment enables the proper execution of the contract in the first place and on whose compliance the contractual partner may regularly rely. I shall be liable for such damages, which are foreseeable at the time of conclusion of the contract, for a slightly negligent breach of essential contractual obligations by me or one of my legal representatives or vicarious agents. I am not liable in the event of a slightly negligent breach of ancillary obligations, which are not essential contractual obligations. Liability for damages that fall within the scope of a warranty or assurance given by me as well as liability for claims under the Product Liability Act and damages resulting from injury to life, body or health remains unaffected by this.
5 Term / Termination of the Contract
5.1. The community usage agreements are made indefinitely.
5.12. Both parties may terminate this Agreement without notice.
5.13. If you delete or delete your acount, your public statements, in particular posts in the forum, will remain visible to all readers, but the account will no longer be accessible and will be marked “Guest” in the forum. All other data will be deleted. If the user wants his public contributions to be deleted, he must communicate this explicitly and individually to me.
B) Contracts and other digital content
1. Scope, subject matter of the contract
1.1. The terms and conditions in the section apply to all contracts for the provision of data not on a physical medium, which are produced and provided by me in digital form, as well as for non-physical services.
1.2. The subject matter of the contract is the provision of the digital content offered by me to you as a client in electronic form with the granting of certain rights of use, which are specified in these General Terms and Conditions or in the product description.
2. Conclusion of the contract
2.1. The contents published in my online shop do not constitute binding offers on my part, but serve to make a binding offer by the customer/client
2.2. As a customer, you can place purchase orders using the order form. After the selected content has been placed in the virtual shopping cart and passed through the electronic ordering process, you enter a legally binding contract offer with respect to the basket of contents.
2.3. I can accept such an offer within five days,
By sending you a written order confirmation or an order confirmation in text form (fax or e-mail), whereby the receipt of the order confirmation is decisive for you, or
by giving you the content ordered or by providing you with access to the content or services, in so far as access with the customer is decisive, or
By requesting you to pay after placing your order.
If there are several of the above alternatives, the contract shall be concluded at the time when one of the above-mentioned alternatives first occurs. If I do not accept your offer within the aforementioned period, this shall be deemed to be a rejection of the offer, with the result that you are no longer bound by your declaration of intent.
2.4. The deadline for acceptance of the offer begins the day after you send the offer and ends with the expiry of the fifth day following the sending of the offer.
2.5. When submitting an offer via my online order form, the contract text will be saved by me and sent to you in text form (e.g. e-mail, fax or letter) after sending your order together with these General Terms and Conditions. In addition, the contract text is archived with me and can be accessed free of charge by you via your password-protected user account with the corresponding login data, provided that you have created a user account before sending your order. You can print the contract text before placing the order by using the printing function of your browser in the last step of the order.
2.6. Before placing the order via my online order form, you can detect possible input errors by carefully reading the information displayed on the screen. An effective technical means for better detection of input errors can be the magnification function of the browser, which increases the display on the screen. As part of the electronic ordering process, you can correct your entries using the usual keyboard and mouse functions until you click on the final button on the ordering process.
2.7. Only the German language is currently available for the conclusion of the contract.
2.8. Orders processing and contacting are usually carried out by e-mail and automated order processing. Therefore, you must ensure that the email address you provide for order processing is correct so that the emails I send can be received at that address. In particular, when using SPAM filters, you must ensure that all emails I send can be delivered.
2.9. In the case of any kind of legal services that involve additional time from me, none of the alternatives will accept your offer. With the purchase, you only acquire an option for possible advice. It is therefore a prepayment for advice. The execution and actual use of this legal service requires an additional signature of a compensation agreement regarding liability and other points. I reserve the right to refund acquired legal services at any time if I am unable to exercise the mandate (for example, due to lack of time, conflicts of interest or lack of expertise). In this case, I will refund the money paid within seven days. You are not entitled to further claims as a result. In particular, there is no claim on your part to a service on my part.
Consumers are in principle entitled to a right of withdrawal. Further information on the right of withdrawal can be obtained from the revocation instruction.
4.1. For the legal granting of digital content, I receive a flat-rate license fee, the amount of which is determined by the respective item description. In the case of a service, I will receive the fee resulting from the item description for the service described in the article or for the virtual benefits presented in the article.
4.2. The prices I have indicated are total prices and include the statutory value added tax, if this is incurred.
4.3. Payments made in countries outside the European Union may incur additional costs on a case-by-case basis, which I am not responsible for and which you are responsible for. This includes, for example, costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees).
4.4. Various payment options are available, which are indicated in the online shop.
4.5. If advance payment is agreed by bank transfer, payment is due immediately after conclusion of the contract, unless otherwise agreed,
4.6 You are always obliged to provide the correct company data or personal data as part of the creation of the customer account and the order. Only by indicating the correct VAT ID can I guarantee the correct implementation of the reverse charge procedure within the European Union.
5. Release of the contents
In the case of a digital good, the content is provided exclusively in electronic form by e-mail or download.
6. Granting of rights of use
6.1. Unless otherwise stated or agreed, I give you the non-exclusive local and time-limited right to use the content provided exclusively for the purposes specified in the product description. In case of doubt, the right of use is limited to private use.
6.2. It is not permitted to pass on the content to third parties or to make copies for third parties outside the scope of these GTC, unless I have agreed to a transfer of the contractual license to the third party.
6.3. Usage is always limited to the quantity specified in the product, group of people and type of use.
6.4. The granting of rights is granted in accordance with Section 158 para. 1 BGB will only take effect if you have paid the remuneration owed in full in accordance with clause 4 of these General Terms and Conditions. In case of doubt, I can allow the use of the contents of the contract even before that date. A transfer of rights does not take place by such a provisional permission
7. Liability for defects
Unless expressly agreed otherwise below, the statutory liability for defects shall apply. For consumers, the limitation period for claims for defects in used goods is one year from the delivery of the goods.
For entrepreneurs, the limitation period for claims for defects is one year from the transfer of risk; the statutory limitation periods for the right of recourse pursuant to Section 478 of the German Civil Code remain unaffected.
To contractors, only our own information and the product descriptions of the manufacturer, which have been included in the contract, shall be deemed to be an agreement on the quality of the goods; We assume no liability for public statements by the manufacturer or other advertising statements.
If the delivered item is defective, I shall first provide a guarantee to contractors at our discretion by remedying the defect (repair) or by delivering a defect-free item (replacement delivery).
The above limitations and shortening of the time limit do not apply to claims for damages caused by me, my legal representatives or vicarious agents
- in case of injury to life, body or health
- intentional or grossly negligent breach of duty as well as malice
- in the event of a breach of essential contractual obligations, the fulfilment of which enables the proper execution of the contract in the first place and on whose compliance the contractual partner may regularly rely (cardinal obligations)
- as part of a guarantee promise, if agreed
- to the extent that the scope of the Product Liability Act has been opened.
Information on any additional warranties and their exact terms can be found in the product and on special information pages in the online shop.
1. Applicable law, place of jurisdiction
The law of the Federal Republic of Germany shall apply to all legal relationships to the exclusion of the laws on the international purchase of movable goods. In the case of consumers, this choice of law applies only to the extent that the protection afforded is not deprived by mandatory provisions of the law of the country in which the consumer is habitually resident.
If you act as a merchant, a legal entity under public law or a special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is my registered office. If you have your registered office outside the territory of the Federal Republic of Germany, my registered office shall be the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract of your professional or commercial activity can be attributed to it.
2. Reservation of amendment
I reserve the right to amend these General Terms and Conditions at any time in the event of a legal and factual necessity, provided that laws of the Federal Republic of Germany allow this or if consumer rights are not affected by this.
Changes are communicated transparently to you. By continuing to use the Platform and my Services, you acknowledge the changes to these Terms. In the event of a refusal of consent, you may terminate your account. In this case, all data will be deleted, unless I affect any of your rights or archiving obligations.
The EU Platform for Online Dispute Resolution can be found at this link. I am not obligated to participate in this online dispute assignment or at any time.