Terms Of Service

1. Validity, changes of these General Terms and Conditions (TOS/AGB)

1.1 The offer from webXells GmbH, for which you register, is one of the entrepreneur Lars Geißler, Machnower Str.3 , 14165 Berlin ("webXells GmbH " or "We"). Its offer is put at your disposal on the basis of the following conditions. With the registration or the use of our services you agree to the validity of these conditions. If you do not want to commit yourself to these conditions, you are prohibited from using the offered services.

1.2 The webXells GmbH reserves the right to change these conditions from time to time. In this case webXells GmbH will let you know about the changes in advance and assumes that the changes are by defauilt accepted if you do not object to the changes within four weeks or when using the service again. We can also inform you about changes or other matters by publishing references or links in our offer.

2. Registration, requirements for participation, legal declarations

2.1 Only users who are over the age of eighteen or act with the permission of persons entitled to act as substitutes are authorized to participate.

2.2 You agree to give accurate, correct and up to date information when filling in the registration form.

2.3 We draw your attention to the possibility that legal declarations ( for instance confirmation-e-mails, changes of these conditions) can be sent to you via e-mail. We assume that the aforementioned e-mails reach you if you can check your mail box with our service under regular circumstances.

4. General duties of the user

4.4 You will acquire the technical infrastructure needed for participation (e.g. internet connection, mobile communication connection) at your own expense.

4.5 You agree not to do anything that affects or can affect the operational condition of our sercives (for instance with software or other scripts). That counts for the use of "robot", "spider" or "offline-reader" software especially, which produce user requests via internet automatically. You are also prohibited from changing, copying or spreading the content of our website, including other users’ content, which are not explicitly placed at your disposal by us for this purpose.

4.6 You are not allowed to use our offer or parts of it, our offer as a service by you or the access to our offer for commercial purposes of any kind; for instance imitate, sell, rent or use our offer for your own or unknown commercial purposes.

5. Responsibility, Prohibited Content and Accepted Behaviour

5.1 The responsibility for all information including but not limited to data/facts, text, software, music, sound, photographs, graphics, videos, news or other material ("content"), which are stored, published or transmitted by you the user or other users through use of the webXells GmbH service, is solely that of the user responsible for the content; this includes but is not limited to content created by users of the webXells GmbH service as well as content acquired from other sources and which you the user store up, publish and/or transmit using the services offered by webXells GmbH.

5.2 The webXells GmbH does not control and is not responsible for content which you the user or other users store, publish and/or transmit using our offered service. The webXells GmbH does not guarantee the correctness, suitability quality, or legality of such content created by you the user or other users using the services described herein. You accept that by using this offer you could be exposed to content which are insulting or offensive when the user responsible for said content does not adhere to the conditions described herein or any and all laws and statutes applicable in your jurisdiction.

5.3 By using webXells GmbH you are not allowed to:

5.4 Even though we do not check or control users' content in general, we reserve the right to dismiss, close or delete content immediately, which can be used in our offer, without provoding a reason, or publish them in another place within the offer - especially content of users in offend against the aforementioned conditions.

6. Users' Content

6.1 The webXells GmbH permits you to use our offers in agreement with the legal regulations and the regulations of these conditions in order to store, publish or transmit content or share them with other users. The webXells GmbH does not supervise usage in accordance with the conditions described herein, assumes no ownership of user content and also does not change user content assuming usage in accordance with the conditions described herein.

6.2 By using our offer you charge us with the store up and the public access of your contents in the context of our offer in its design.

6.3 You know that there is commercial within our offer and therefore close to your contents, if necessary before and after your contents (especially concerning videos) and you explicit agree with it. You also allow us to produce reduced pictures (thumb nails) of pictures and videos to improve the use of our offer and to use these thumb nails in the webXells GmbH services. You also know that the technical manufacture and broadcast of our offer, including your contents, can make it necessary to do transmission through different net works and/or technical changes, in order to fulfil the technical demands of connected net works or other technical installations.

6.4 You guarantee us that you own all the necessary rights referring to the contents which you store up, publish and/or transmit with our offer. By doing this you also don't violate any rights of other persons, any legal regulations, you also don't violate the rules of these conditions, especially the ones in section 5.3. If you are not the owner of the rights of one of the contents you fed into our offer, you guarantee that you effectively asked for all the necessary licences, allowances, agreements and similar things. If you violate these or one of these guarantees, you exempt us from any liability towards other persons and keep us without loss or damages.

6.5 The webXells GmbH has the right to store up contents and give them to other persons, as far as this is a legal rule or necessary and legally admissible at webXells GmbH discretion to (a) fulfil legal regulations or judicial or official orders, (b) put these conditions through, (c) react to the assertion of a violation of a law by other persons or (d) have the right to protect the property or the safety or the personal safety of webXells GmbH, its users or the public.

7. References to violation of laws

7.1 The webXells GmbH respects the intellectual property of other persons and asks its users to do the same.

7.2 If you are of the opinion that your copyrights get violated by contents of another user, who uses our offer to store up, publish or transmit his or her contents, please inform us by giving us the following information:

7.3 The person of webXells GmbH who is responsible for copyright matters and who has to be informed about violations of copyrights is Lars Geißler (lars.geissler@webxells.com).

7.4 Please inform us about all violations of these conditions caused by inadmissible contents. If you find out that other users' contents violate these conditions or legal regulations, please inform us by using our report form. Please register the identification data of the person, who doesn't play by the rules, and the contents or a description of these contents in the appropriate square of the form.

8. Data security

For the data security please take notice of the data security explanation.

9. Guarantee exclusion, links

9.1 We offer our services in the arrangement we think is proper and we reserve ourself the right to be able to interrupt or stop these services at any time. You use our offer on your own risk. This especially counts for the download or any other use of contents of our services, especially contents of other users. You are solely responsible for all possible damages at your computer system our other technical equipment you use, for the loss of data or for other damage and also for other persons'damage which you cause in this context.

9.2 The webXells GmbH doesn't guarantee you or other persons that this offer will meet your requirements and is available at any time without interruption, on time, secure and free from error. webXells GmbH doesn't give a guarantee concerning the results which can be reached by using this offer or concerning the correctness and reliability of the information in this offer. The webXells GmbH also doesn't guarantee that the hard- and software used for our offer works free from error at any time or that possible mistakes in the hard- or software will be corrected and the liability for damages which develop from the use or the impossibility of the use of the webXells GmbH services is excluded. This also includes damages which develop from the loss of data or data corruption. webXells GmbH especially is not liable for the costs of substitute procurements or for costs which develop in the context with acquired articles or services, received messages or other businesses or a change of your data or are connected with the services of webXells GmbH in any way. webXells GmbH also is not liable for the behaviour of users or other persons or for contents or declarations which are transmitted by users or any third party within this offer.

9.3 Our offer may contain links to other websites and services, including contents which are stored up at our servers within our services by users of our offer. We don't control the aims of these references and don't acquire contents which are accessible at or on such offers or sources of other persons. We exclude any liability concerning these contents.

10. Liability and limitation of liability

10.1 Claims for damages are excluded no matter how the legal basis is, unless webXells GmbH, its legal representatives or executive aides acted deliberately or roughly negligently. The webXells GmbH is only liable for little negligences, when an essential contract obligation for the fulfilment of the contract purpose was violated by webXells GmbH, its legal representatives or leading employees or executing aides.

10.2 Above-mentioned limitation of liability doesn't count for claim for damages which are a result of a violation of life, body, health or the take over of a condition warranty or if the webXells GmbH hides a lack bad-cunningly.

10.3 As far as webXells GmbH is liable for little negligences such as mentioned in section 1, the claim for damages will be limited to the foreseeable, contract typically damage.

10.4 Claims of damage against webXells GmbH fall under the statute of limitations after an expiration of 12 months since its origin unless they base on an unallowed or negligently act.

10.5 As far as the liability of webXells GmbH is excluded, this also counts for the businesses which are connected to webXells GmbH and for a personal liability of employees, coworker, representatives, partner and executing aides of webXells GmbH and/or companies which are related to webXells GmbH.

11. Adhesion exemption

You declare hereby that you release at first request or keep without loss or damage webXells GmbH, companies connected to webXells GmbH and the employees, coworker, representatives, partner and executing aides of webXells GmbH and/or companies which are related to webXells GmbH regarding to demands or requirements of any kind which are raised by you because of or in connection with contents, which you store up, publish or transmit within the services of webXells GmbH or which are erhoben because of violations of this AGB or of the rights of other persons. This always includes appropriate lawyer costs and legal charges.

12. Brands and other patent rights of webXells GmbH

You agree that all of the rights to the offer of webXells GmbH and its marking including any brand-, patent-, copy- or license rights or other rights or comparable legal positions in connection to you is exclusively entitled to webXells GmbH. You will not use these without the previous, explicit, written agreement of webXells GmbH or remove references to the holder of the right shank of webXells GmbH.

13. Applicable right, place of delivery, area of jurisdiction

13.1 These Terms and Conditions shall be governed and construed by the laws of the Federal Republic of Germany. The United Nations Convention on Contracts for the International Sale of Goods shall not apply.

13.2 Place of delivery and exclusive legal venue for all disputes are, as far as legally admissible, the courts of Berlin, Germany.

13.3 Verbal special agreements don't exist. Changes of the conditions as per contract have to be in text form. This also counts for the abolition or change of this text form clause.

13.4 If some clauses of the contract are or become totally or partly uneffective, this contract stays effective in all other respects. In case of such an inefficacy the contract partner will choose a legally effective regulation which is economically close to the uneffective one. In case of a regulation gab there will be the same procedure.

 

14. Legal Statements

14.1 Content of this mobile Apllication and Website

This information is provided by webXells GmbH and without warranty of any kind, expressed or implied, including (but not limited to) any implied warranties of merchantability, fitness for any particular purpose, or non-infringement. The author declines all responsibility for any errors, inaccuracies or omissions of the available information on this site. The author shall in no case be held responsible for the direct or indirect damage or loss whatsoever attributable to the consultation of these pages or to the consultation of pages accessed by hypertext links present on this site. All offers made on these pages are unobligatory. The author reserves the right to make changes to the content or to stop the publication at any time without notice.

14.2. Links to other sites

The author shall no be held responsible for content of the direct or indirect access to other webpages unless he has full knowledge of illegal contents and would be able to prevent the visitors of his site from viewing those pages. The author states clearly that to the moment of setting the link there wasn´t any illegal content visibly. The author has no influence of their recent or future organisation, content or intellectual property of Web sites of other providers. Therefore the author shall not be responsible for the content and its changes on any linked Web site. Furthermore the author is not liable for any postings or messages published by users of dicussion boards, guestbooks or mailingslists provided on his page. If any damage occurs by the use of information presented there, only the author of the respective pages might be liable, not the one who has linked to these pages.

14.3. Copyrights

The author intended not to use any copyrighted material as texts, images, graphics, sound files, animation files, video files or, if not possible, to indicate the Copyright of the respective object. The author attempts to use his own created images, graphics, sound file, animation files and video files or to revert to images, graphics, sound files, animation files and video files of public domain. All objects which the Web site contains are property of the author and are property of third parties who own the rights to the brands or logos appearing on the Site. Neither these Internet pages nor the presented conditions of use may be taken to provide the user with licenses or may other rights concerning our protected rights! All material contained in these Internet pages which is created by the author is the intellectual property of the author and protected by law. The objects of the website, i.e. text, images, graphics, sound files, animated files or video files may not be copied for commercial use or distribution, nor may these objects be modified or reposted to other websites or printed publications without the author´s agreement.

14.4. Legal validity of the disclaimer of warranty

This disclaimer of warranty is to be regarded as part of the internet publication which you were referred from. If sections or individual terms of this statement are not legal or correct, the content or validity of the other parts remain uninfluenced by this fact.