General Terms and Conditions of BEST-PRICE.com
User agreement between the user (in the following called "user" or "you") respectively the registered member (in the following called "member") and this site's operator GET Sol 1 GmbH ("BEST-PRICE.com"). Before using this website please read the General Terms and Conditions below (in the following called "General Terms and Conditions").
I. BEST-PRICE.com services
BEST-PRICE.com offers all users the ability to access the contents of the BEST-PRICE websites for free. Registered users (hereinafter referred to as "members") have the additional ability to publish their own articles (e.g. reviews of experiences with products; or articles containing opinions, discussion of or information about people and services) on the information platform at http://www.au.best-price.com.
BEST-PRICE.com offers registered members the opportunity to participate in online surveys. These surveys are either directly commissioned by product manufacturers themselves or commissioned by market research agencies (both hereinafter referred to as "commissioners").
II. Members' obligations
Each member agrees not to provide false or misleading personal information, and, in particular, agrees not to register under a false identity. Each member is responsible for using the online information management system to immediately report all changes to the information he or she provided at registration
Members are responsible for the confidentiality of their user names and passwords and are accountable to BEST-PRICE.com and to third parties for all use of these details. Members will inform BEST-PRICE.com immediately in case of unauthorised use of their user names or passwords.Members agree to the following:
- Not to have more than one user account on BEST-PRICE.com, even if they have more than one e-mail address
- Not to use machines, algorithms or other automatic functions to generate contents or accesses to web pages
- Not to generate accesses to web pages in which a person or a group of people are requested to read material (chain letters, e-mails, etc.) that has the primary purpose of generating profit
- Not to erase any legends or lists of references in the published material
- Not to defame or in any other way harass other members
- Not to publish more than one review about the same product
- Are advertisements or aimed at personal gain
- Are exclusively lists of product information disguised as reviews
- Are irrelevant to the product being evaluated
- Are biased, deliberately false, offensive, derogatory, libellous, morally objectionable or pornographic, or that otherwise constitute a punishable offence
- Violate the rights of third parties, especially patent rights, copyright, trademark rights, ancillary copyright or brand name rights
- Contain viruses or other computer programs that impair the functioning of other computers
- Are surveys or chain letters
- Contain referral links or other profit-generating links or codes
- Include nonsensical or deliberately inappropriate text
- Serve the purpose of gathering, saving or using personal information of users, in particular for business purposes, without the users' express consent. This applies as well even when contents have not been published
- Serve the purpose of spreading political, religious or ideological beliefs
Members are responsible for ascertaining that they posses all rights to contents made available for publication, and grant BEST-PRICE.com the unlimited right (unlimited with regards to time, territory and content) to use the contents made available. This also includes editing, copying, transmission, publishing and development rights, as well as the right to transfer the rights of use to third parties without entitlement to compensation. Members are allowed to publish content that they themselves enter onto the website.
If a member violates any of the obligations outlined in these this contract, BEST-PRICE.com reserves the right to:
- Withhold earnings
- Permanently expel members from BEST-PRICE.com
- Demand a penalty for every breach of this contract
- BEST-PRICE.com also reserves the right to prosecution or to make further claims for damages
III. Accountability for contents
- Each member is accountable for the contents made available by him or her
- BEST-PRICE.com cannot be held liable for the correctness, quality or completeness of content entered by members. The publication of entries written by members does not constitute an endorsement by BEST-PRICE.com of any opinion or advice expressed
- BEST-PRICE.com is only accountable to third parties for external contents that are made available for use on a BEST-PRICE.com web page if BEST-PRICE.com has demonstrable knowledge of these contents, if BEST-PRICE.com is technically able and can reasonably be expected to prevent the use of these contents, and if accountability exists according to the general law
- Members exempt BEST-PRICE.com from all third party claims resulting from contents submitted by members. BEST-PRICE.com reserves the right to legal defence against such. Members will support BEST-PRICE.com in defence against such claims, especially with any information needed for this defence. Members are obligated to compensate BEST-PRICE.com for any damages due to claims asserted by third parties. This compensation also includes prosecution costs
- BEST-PRICE.com reserves absolute right to modify or delete any contents published on the web site
The participant agrees to hold in strict confidence and to not disclose to any other parties information, pictures of other content learned in connection with any survey, project, questionnaire or other market research activity related to BEST-PRICE.com.
V. Privacy, e-mail advertisements
The contents published on BEST-PRICE.com are legally protected. Duplications (including excerpts of content), especially for commercial advertisements or commercial use, require BEST-PRICE.s prior written consent. A copy of contents is solely permitted to be made exclusively for personal, non-commercial use under the condition that the origin of the contents stays recognisable, for example through a statement of the copy's source. Any further duplication, distribution or publication of contents without BEST-PRICE.com's previous written authorisation is forbidden. Survey content (pictures, films and text) is protected by copyright and may not be reproduced, adapted or passed on to a third party.
As a matter of principle, BEST-PRICE.com is only liable for deliberate acts and gross negligence, as well as for the breach of significant contractual obligations (in this last case, however, only for typically foreseeable damages). The Product Liability Act remains inviolate. BEST-PRICE.com assumes no responsibility for uninterrupted availability of information, and can freely decide upon timeframes necessary for technical work. Hyperlinks, advertisement banners, product information and corporate information and the like do not constitute a recommendation from BEST-PRICE.com of third parties. BEST-PRICE.com assumes no liability for their contents, inclusive of prices and the availability of products.
BEST-PRICE.com reserves the right to cancel a user's access and erase his or her registration after a period of notice of three days. The right to cancel a membership without prior notice for an important reason remains inviolate. Members may cancel their membership on their account page with immediate effect.
IX. Changes to the General Terms and Conditions
The General Terms and Conditions of BEST-PRICE.com that are applicable are those that are in effect at the time of use. Changes to the General Terms and Conditions will be posted on the BEST-PRICE.com website.
X. Legal jurisdiction and address for service
This agreement is governed by the law of the Federal Republic of Germany. The address for service is BEST-PRICE.com's registered office.
XI. Severability clause
In the event that one or more provisions of these Terms and Conditions are deemed wholly or partially invalid, the remaining provisions shall remain in full force and effect. Any provision that is invalid shall be replaced with a provision that is as similar as possible to and best meets the intended purpose of the invalid provision.