GTC
General Terms and Conditions
Here you will find the General Terms and Conditions (hereinafter referred to as "GTC") of Pelemedia GmbH (hereinafter referred to as "Pelemedia"), which apply to the use of Pelemedia's services.
For a Pelemedia service requiring registration, you must agree to the terms and conditions applicable to the use of this service. To do this, please click on the "Agree" field or check the box to give your consent as part of the opt-in procedure. By clicking on the "Agree" box or ticking the box, you declare that you have read the GTC and agree to them. You can also print out or download the GTC.
1 Scope of application
The GTC apply to all services offered to the user on the Pelemedia website, in particular to paid content and services, competitions and the marketplace and community area.
Deviations from these GTC or special terms of use for individual services shall only be deemed to have been agreed if they have been expressly confirmed in writing by Pelemedia. In particular, the mere failure of Pelemedia to object to other general terms and conditions does not mean that they are deemed to have been agreed.
Pelemedia is entitled to amend these GTC at any time. Pelemedia will inform the user in good time of any changes to the GTC applicable to the user. The amendment shall be deemed to have been approved by the user if the user does not object to the amendment or terminate the contract within one month of receipt of the notification of amendment. In the event of an objection, Pelemedia is entitled to terminate the contract with due notice. In the notification of the changes, Pelemedia will make special reference to the possibilities of objection and termination, the deadline and the legal consequences, in particular with regard to failure to object.
In particular, Pelemedia is entitled to amend or replace a condition with effect for existing contracts if it becomes invalid, or to amend the affected conditions in accordance with the purpose of the changed legal situation in the event of a change to a statutory provision or supreme court ruling if this change affects one or more conditions of the contractual relationship, provided that the user is not worse off as a result of the new or amended conditions than under the original conditions. Each amendment, including the updated version of the GTC, will be sent to the User by e-mail.
Pelemedia is not responsible for the Internet services provided by third parties to which Pelemedia links from its pages or which Pelemedia arranges. The terms of use of the respective providers apply to these offers. This applies in particular to cooperation partners on Pelemedia. The offers of the cooperation partners on Pelemedia merely represent a sales platform of the respective partners of Pelemedia. When using the services offered by cooperation partners, a separate legal relationship arises between the user and the cooperation partner, which is independent of any legal relationship between Pelemedia and the user. The legal relationship between the partner and the user is governed exclusively by the terms and conditions and operating processes of the cooperation partner. Pelemedia assumes no liability or warranty for this.
2. access and participation authorization
In principle, all users are entitled to access and participate.
The following minimum information is required for competitions. All persons who have reached the age of 18 or can provide a declaration of consent from a parent or legal guardian are eligible to participate. By taking part in the competition, every competition participant agrees to be published in the print edition and on the website with their name and photo, as well as consenting to further rights of use for advertising and sales purposes.
Employees of Pelemedia GmbH and persons who were involved in the organization of the game are not permitted to participate in competitions. This also applies to their relatives.
Furthermore, Pelemedia reserves the right to change or correct the rules of competitions at any time.
Pelemedia only concludes contracts for chargeable content and for the provision of Internet access with persons over the age of 18 or with the express consent of their legal representative.
Furthermore, the Internet pages are not directed at persons in countries that prohibit the provision or access of the content posted therein. Each user is responsible for informing themselves about any restrictions before accessing these web pages and for complying with them.
3 Availability
The services of Pelemedia are offered to the user subject to availability. Pelemedia shall endeavor to ensure that the services of Pelemedia are available to the user without disruption. Maintenance work and/or further development and/or other disruptions may limit and/or temporarily interrupt the possibilities of use. This may also result in loss of data. This shall not give rise to any claims for compensation on the part of the affected users. Pelemedia is also entitled to change or discontinue the services offered at any time at its own discretion without prior notice.
4 Contractual relationship
The contractual relationship for the use of chargeable content from Pelemedia is established by registering with the desired and selected payment system provider, agreeing to the general terms of use and the respective acceptance by Pelemedia. Acceptance by Pelemedia takes place at the latest when access to the paid content is granted.
The use of third-party services advertised by Pelemedia on its website, or to which Pelemedia provides access via its website, results in a contractual relationship exclusively between the user and the third party offering the service. Pelemedia assumes no liability or warranty for this.
5 Opening a user account
For certain services on the Pelemedia website, the user must register or can open a user account. The user warrants that the personal details provided by him/her during registration or when opening a user account on the Pelemedia website, in particular his/her first name, surname, postal address, date of birth and e-mail address, are true and correct, and that he/she will notify Pelemedia immediately of any changes to the details provided.
6 Payment transactions
The fees for chargeable content will be settled with a payment system provider to be selected by the user before the service is provided. Only the terms and conditions of use of the payment system provider selected by the user shall apply, to which reference is made at the appropriate point and corresponding assistance is provided. The payment claims are to be settled with the selected payment system provider in accordance with the respective terms of use.
If the user does not meet his payment obligations or payment transactions are not carried out or are charged back, Pelemedia is entitled, subject to further claims, to block the user's access. If access is blocked due to outstanding debts and the user settles these, access will be unblocked again.
Pelemedia reserves the right to commission third parties to carry out debt collection.
7 Obligations of the user
The user undertakes not to violate any applicable legal provisions or any contractual provisions when using the services of Pelemedia. In particular, the user undertakes to ensure that any content disseminated by him/her does not infringe the rights of third parties (e.g. copyrights, patent and trademark rights). copyrights, patent and trademark rights), that the applicable criminal laws and youth protection regulations are observed and that no racist, Holocaust-denying, grossly offensive, pornographic or sexual, youth-endangering, extremist, violence-glorifying or trivializing, glorifying war, promoting a terrorist or extremist political organization, inciting to commit a crime, containing defamatory statements, insulting or unsuitable for minors or other punishable content. The user further undertakes to comply with the recognized principles of data security in order to protect the data and to observe the obligations of the data protection regulations, to check any e-mails and queries sent to Pelemedia for viruses with the greatest possible care, to comply with legal, official and technical regulations, to keep any user name and the identification and password secret, not to pass them on, not to tolerate or enable any knowledge of them and to take the necessary measures to ensure confidentiality and to notify Pelemedia immediately in the event of misuse or loss of this information or any suspicion thereof. Pelemedia must also be notified immediately of any indications of misuse of Pelemedia content or the payment system.
The user shall indemnify Pelemedia against any claims asserted by third parties against Pelemedia due to infringement of their rights by this user. This also includes the costs of reasonable legal prosecution and defense. Pelemedia reserves the right to block the user's access to its content and any existing user account and to involve the investigating authorities in the event of reasonable suspicion of misuse of Pelemedia's services or payment systems.
The user may only offset claims by Pelemedia against undisputed or legally enforceable claims. The user is only entitled to rights of retention on the basis of claims arising from the individual, specific contractual relationship of which these GTC form an integral part.
8. subscription for Matchmaker+
The contract period begins with the conclusion of the contract and lasts one year.
The contract period is also automatically extended several times for a further year if neither party gives one month's notice before the end of the current contract period.
The right to terminate the contract without notice for good cause remains unaffected.
9 Liability
Pelemedia and its representatives or vicarious agents shall only be liable for damages, in particular for delay, non-performance, poor performance or tortious acts, in the event of a breach of material contractual obligations on the fulfillment of which particular reliance could be placed. The exclusion of liability shall not apply to intent and gross negligence. In all other cases, Pelemedia shall not be liable unless mandatory statutory provisions apply.
Pelemedia shall only be liable for foreseeable damages. Liability for indirect damages, in particular consequential damages, unforeseeable damages or atypical damages as well as loss of profit is excluded. The same applies to the consequences of labor disputes, accidental damage and force majeure.
Pelemedia provides its own information and data as well as information from other providers by means of hyperlinks (internet links) on the internet and on mobile devices.
This information and data is provided for information purposes only, without the user being able to rely on the timeliness, accuracy or completeness of the information. In this respect, Pelemedia assumes no warranty or liability, in particular not for direct or indirect damages arising from the use of the information or data found on the Pelemedia websites. In particular, Pelemedia accepts no responsibility for the content or the functionality, accuracy or legality of third-party websites linked to from the Pelemedia websites.
Pelemedia offers discussion forums and chats. The content and information exchanged by users in these forums is not subject to any control by Pelemedia. For this reason, Pelemedia accepts no liability for the content and information posted in the forums. The responsibility for the content published by the user on the Pelemedia website lies exclusively with the user.
Pelemedia excludes any liability for technical or other malfunctions.
Pelemedia accepts no liability for any damage or loss, in particular when sending prizes to be handed over as part of a competition.
The above limitations of liability apply to all contractual and non-contractual claims.
10 Liability for defects
If the user complains about paid content due to incomplete or defective services provided by Pelemedia, the user must notify either Pelemedia or the payment provider immediately after becoming aware of the complaint, in accordance with the terms of use of the payment system provider chosen by the user.
If Pelemedia is liable due to justified and timely complaints, Pelemedia shall, in the case of incomplete performance, make subsequent deliveries and, in the case of defective performance, either repair or replace the goods at its discretion. The user may demand a reduction in fees if attempts at rectification or replacement are refused by Pelemedia, are impossible or fail in any other way. There is no right of withdrawal in favor of the user.
11 Copyright
All content, information, images, videos, databases and computer programs (e.g. widgets) published on the Pelemedia website are protected by copyright.
Use is only permitted for private personal use. Any other use, in particular the private and commercial reproduction, modification, distribution or storage of information or data, in particular of texts, parts of texts, images and film material, requires the prior express consent of Pelemedia. This also applies to inclusion in electronic databases and reproduction on CD-ROM, DVD etc.
Private and/or commercial reproduction, modification, distribution or other misuse of computer programs is not permitted. The user does not acquire any property rights by downloading or sending the source code of a computer program. No copyrights or other ancillary copyrights are transferred. If the service and/or the services are discontinued, the user is obliged to delete the source code provided immediately.
In all other respects, the legal limits arising from copyright law and other applicable statutory provisions shall apply.
12 Content submitted by the user
Users who submit their own content (e.g. videos, photos, photo series, texts, etc.) to Pelemedia (e.g. as part of competitions, reader campaigns, Internet competitions) agree that the content submitted may be reproduced, distributed and publicly reproduced on the Internet and in print free of charge. The user further declares that he/she owns all copyrights and other rights to the submitted content and that persons depicted on submitted graphic content (e.g. videos, photos, photo series) who are not merely accessories to a location or part of depicted gatherings, processions or similar events agree to the publication. For persons under the age of 18, the consent of their legal guardian is required. Contributions sent by post cannot be returned to the participant.
Users undertake not to send to Pelemedia any content that is illegal, grossly offensive, pornographic or sexual, harmful to minors, extremist, glorifies or trivializes violence, glorifies war, promotes a terrorist or extremist political association, incites to commit a crime, contains defamatory statements or other punishable content. The user also undertakes not to send any content containing advertising or commercial content.
Pelemedia reserves the right not to publish any content sent in.
The user shall indemnify Pelemedia in full against all third-party claims arising from the fact that the user breaches his/her obligations under these terms and conditions or - contrary to this declaration - the user does not own all rights to the submitted content or persons depicted do not agree to the publication.
The content submitted is the personal opinion of the user and does not represent the opinion of Pelemedia. The user has no legal claim to the publication of the submitted content.
13. right of withdrawal
The user is entitled to revoke his declaration of intent to conclude a contract within two weeks. The period begins at the earliest upon receipt of this instruction. Timely dispatch of the declaration of revocation is sufficient to meet the deadline. It must be made in writing without giving reasons and addressed to:
Pelemedia GmbH
Richard-Reitzner-Allee 2
85540 Haar
In the event of an effective revocation, the services received by both parties must be returned and any benefits derived must be surrendered.
If the user is unable to return the services received in whole or in part or only in a deteriorated condition, compensation must be paid in this respect.
However, the right of revocation does not apply if Pelemedia has begun to perform the service with the express consent of the user before the end of the revocation period or if the user has initiated this performance himself (e.g. by downloading, etc.).
14 Termination
Each party reserves the right to terminate the contract for good cause. Good cause exists in particular if the user continues to violate essential provisions of these GTC despite a warning and/or the user commits misconduct directed against third parties by using Pelemedia's services for illegal purposes or for purposes that cause nuisance to third parties.
All terminations under these GTC must be made in writing to the address stated in point 13.
Access to Pelemedia's services will be blocked when the termination takes effect.
15 Place of performance/jurisdiction
The place of performance is the registered office of the provider.
In business transactions with merchants, legal entities under public law or special funds under public law, the place of jurisdiction for legal action is the registered office of the provider. Insofar as claims of the provider are not asserted in dunning proceedings, the place of jurisdiction for non-merchants shall be determined by their place of residence. German law shall apply.
If the domicile or habitual residence of the customer, even in the case of non-merchants, is unknown at the time the action is brought or if the customer has moved his domicile or habitual residence outside the area of application of the law after conclusion of the contract, the place of jurisdiction shall be the registered office of the provider if the contract was concluded in writing.
16. final provisions
Legal recourse is excluded in connection with participation in competitions.
Should individual provisions of these GTC, including these regulations, be invalid in whole or in part, the validity of the remaining provisions or parts of such provisions shall remain unaffected. The invalid or missing provisions shall be replaced by the respective statutory provisions.
General Terms and Conditions of Pelemedia GmbH for participants in seminars, workshops, congresses, meetings, conferences and other events (as of March 2021)
1 Scope of application
The following General Terms and Conditions govern the contractual relationship between participants in seminars, workshops, congresses, meetings, conferences and other events [hereinafter referred to as "event"] and Pelemedia GmbH [hereinafter referred to as "organizer"]. Participation in events is subject exclusively to the following terms and conditions. The Organizer shall not recognize any deviating terms and conditions of the Customer unless it has expressly confirmed their validity in writing.
2 Registration, confirmation of registration
Registration for events can be made via the Internet, by letter, fax or e-mail. Registration becomes legally binding upon written online or offline confirmation of registration by the organizer. A registration becomes binding for the participant upon receipt by the organizer, subject to acceptance of the general terms and conditions listed here. For events with limited participant capacity, registrations will be considered according to the date of receipt.
3 Participation service
The participation fee for the respective event and the services included therein are listed in the event-specific programs. The participation fee is quoted in EUR per person and event date plus statutory VAT.
The organizer reserves the right to replace announced speakers with others and to make necessary changes to the program while maintaining the overall character of the event. The organizer reserves the right to change the date and location of the event for important reasons.
If it is not possible to hold the event due to force majeure (strike, lockout, operational disruptions, etc.), due to the cancellation of at least one booked part of the event, due to disruptions at the event location or due to an insufficient number of participants, the participant will be informed immediately. In such cases, the participation fee already paid will be refunded or, alternatively, a credit note issued for another event of the organizer. Further claims such as compensation for travel and accommodation costs and loss of working hours are excluded, unless these are based on intentional or grossly negligent conduct on the part of employees of the organizer or other vicarious agents.
Travel to and from the event and overnight accommodation must be organized, booked and paid for by the participant.
4 Due date and payment, default, offsetting
The participation fee is due for payment in full without deductions no later than 10 days after invoicing. If the customer is in default of payment, the organizer is entitled to charge interest on arrears at a rate of 5% above the prime rate per annum announced by the European Central Bank. If the organizer has demonstrably incurred higher damages due to the delay, he is entitled to claim these. Payment shall be made on account. The invoice must always be settled before the start of the event. There is no general entitlement to participation.
5 Cancellation
If participation is canceled up to 21 days before the start of the event, the organizer shall charge a processing fee of EUR 50.00 for one-day events and EUR 100.00 for events lasting several days (all prices plus statutory VAT). In the event of later cancellation or no-show, the entire participation fee will be due. A substitute participant can be named at any time at no additional cost.
In the event of a later cancellation or no-show, the entire participation fee plus VAT will be due. Cancellations must be made in writing (Pelemedia GmbH, Events Department, Richard-Reitzner-Allee 2, 85540 Haar, Germany, [email protected]) and will only become valid upon written confirmation by the organizer.
6 Copyrights
The printed and electronic conference documents are protected by copyright. Reproduction, distribution or other use of these conference documents is only permitted with the express written consent of the organizer and the respective author. The organizer accepts no responsibility or liability for any inaccuracies in the content of the lectures, presentations and documentation.
The organizer is entitled to have photographs, film and sound recordings made of the event and to use them for advertising or press publications without the consent of the participant. This also applies to recordings made directly by the press or television with the consent of the organizer. Photographs, film and sound recordings are only permitted with the express permission of the organizer.
7 Limitations of liability
Insofar as events take place on the premises and property of third parties, the organizer shall not be liable to the participant for accidents, loss or damage to property, unless the damage is due to intentional or grossly negligent conduct on the part of employees of the organizer or other vicarious agents.
8 Place of jurisdiction
The place of jurisdiction is the registered office of the organizer if the customer is a merchant within the meaning of the German Commercial Code, a legal entity under public law or a special fund under public law. The same applies if the customer has a registered office or usual place of residence in the Federal Republic of Germany when legal action is brought.
9 Severability clause
Should the conditions of participation be partially legally ineffective or incomplete, this shall not affect the validity of the remaining provisions or the contract. In this case, the parties undertake to replace the invalid provision with such a provision or to fill the gap with such a provision with which the economic purpose pursued by the parties can best be achieved.