General Terms and Conditions

1. Subject matter and scope of these General Terms and Conditions

(1) These General Terms and Conditions ("GTC" below) set out the rights and obligations in relation to use of the Internet website PREVIIEW.COM operated by PREVIIEW ("Service Provider" below) and of the user in connection with usage of the service, which is made generally accessible on the Internet at PREVIIEW.COM.

(2) The Service Provider's GTC shall apply exclusively. Conflicting conditions or conditions of the user that diverge from these GTC are not recognized by the Service Provider unless express consent had been given to their validity in writing or in text form. These GTC shall also apply even if the Service Provider is aware of conditions of the user which conflict with or deviate from these GTC and nevertheless provides services to the user without reservation.

(3) When the term "Service Provider's Website" is used below, it refers to the Internet website or websites of the Service Provider, via which the service as defined in para. 1 is made generally accessible on the Internet by the Service Provider.

2. Conclusion of contract

(1) Unless expressly agreed otherwise in a particular case, a contract is only concluded when the registration process has been successfully completed through confirmation from the Service Provider to the user in text form (e-mail).

(2) The user has the option of printing out the contract text during the registration process and before conclusion of the contract. The information provided during registration shall be displayed to the user before completion of the registration process, when the user can make any corrections that may be required.

(3) The user does not have a right to conclusion of a contract. The Service Provider may, at its discretion, decline any offer by a user to enter into a contract, without stating any reason. The quality of the work that is shown on the PREVIIEW website is of exceptional importance for the Service Provider. If there is any doubt that a user does not meet the Service Provider's quality level, the Service Provider may decline to enter into a contract, without stating any reason.

(4) Users must be at least 18 years old to register. Minors are prohibited from registering. Registration of a legal entity must be made by a natural person with unlimited legal capacity, who is authorized to represent the legal entity.

(5) A further condition for concluding a contract is that the user is an entrepreneur as defined in Section 14 BGB (German Civil Code). It is not possible to conclude a contract with consumers as defined in Section 13 BGB. The Service Provider reserves the right to request suitable proof of the user's status as an entrepreneur before and during the contractual relationship.

3. Services provided by the Service Provider

(1) The Service Provider provides users and, if applicable, third parties with various information and other services for temporary usage. These services could include, for example, the provision of data, articles, image and sound material, information and other content (collectively referred to as "Content" below). They also include the option of setting up individual profiles and entering into contact with other participants by writing personal messages.

(2) The Content and scope of the services shall be construed in accordance with the relevant contractual agreements, in all other respects based on the functionality available at the time on the Service Provider's website.

(3) The Service Provider's services include in particular:
• Provision of a presentation area on the website www.previiew.com
• Upload of photos and information that the user created, and making such information available
• Contacts between users and contacts to user by visitors to the PREVIIEW website
• Publicizing the PREVIIEW platform in the form of advertising and PR

(4) The user is not entitled to have his content or profile information placed at certain locations or positions on the PREVIIEW website.

4. Information on right of revocation

There is no right of revocation as defined in Section 312 b BGB since the Service Provider's services are offered exclusively to entrepreneurs and not to consumers.

5. Responsibility for access data

(1) The data provided in the course of registration (user name, password, etc.) shall be kept confidential by the user and must not be made accessible to unauthorized third parties.

(2) The user must also ensure that access to and usage of the Service Provider's services using the user's data shall only be done by the user and/or authorized users. The Service Provider must be notified without delay if there is any evidence supporting the suspicion that unauthorized third parties have gained or will gain knowledge of the user's access data.

(3) The user shall be liable for any usage and/or activity that takes place using his access data, in accordance with statutory provisions.

(4) It is the user's responsibility to ensure that the user used on the website www.previiew.com does not violate any third-party rights, in particular rights involving the use of names and trademarks.

6. Pricing

(1) The Service Provider offers its services in several variants, which could be free of charge or fee-based. Please refer to the current pricing and payment information for the agreed prices.

(2) In particular the Service Provider offers the registration for the plattform to present own content for an indefinite periode. This membership costs 25EUR per month.

7. Availability of the services

(1) Insofar as the Service Provider provides its services to the user free of charge, the user's entitlement to use the services available on the Service Provider's website shall only exist within the scope of what is technically and operationally possible for the Service Provider. The Service Provider shall make every effort to ensure that its services can be used with minimum disruption. Temporary restrictions or interruptions may nevertheless occur due to technical faults (such as power cuts, hardware and software errors, and technical problems in the data transmission lines).

(2) In the case of any fee-based services, the Service Provider guarantees 99% availability as an annual average within its sphere of responsibility. The regular maintenance windows are not included in the calculation of availability. This maintenance is 4 hours per week and is generally carried out between 0:00 a.m. and 6:00 a.m. Central European Time. If possible, the Service Provider shall notify users of fee-based services in advance, in text form, of any scheduled maintenance work outside these times.

8. Payment

The payment transaction is effected via the payment portal of our payment provider Payone.

9. Obligations on the part of the user

(1) The user has an obligation to ensure the truthfulness of the personal information provided when using the service.

(2) The user is obliged to comply with the applicable legislation when using the service.

(3) Users are obliged to treat e-mails and other electronic messages received in connection with the use of the service provided by the Service Provider or other users confidential, and shall not make them available to third parties without the consent of the communication partner.

(4) This does not affect other obligations arising from other provisions of these GTC.

10. Content property rights, responsibility for content provided by third parties

(1) The Content made generally accessible by the Service Provider is for the most part protected by copyright or other property rights, and is in each case the property of the Service Provider, the user or other third parties, who have provided the respective Content or who are the originators thereof. The compilation of Content is, if applicable, protected as a database or database work as defined in Sections 4 Para. 2, 87a Para. 1 UrhG (Copyright Act). The Content may be used in accordance with these conditions of use and within the scope indicated on the Service Provider's website.

(2) Some of the Content on the Service Provider's website originates from users of the service or other third parties. The Content originating from this group of persons shall be referred to collectively as "Third-Party Content" below. The Service Provider does not check Third-Party Content for completeness, accuracy or legality and thus does not accept any liability or warranty whatsoever for the completeness, accuracy or legality or up-to-date status of Third-Party Content. This also applies with regard to the quality of Third-Party Content and its fitness for a particular purpose, and to the extent that Third-Party Content linked external websites is involved.

11. Posting of Content by users

(1) The Service Provider offers users the option of posting Content themselves to the Service Provider's website and making it available to third parties. The following conditions apply to the posting of Content by users:

(2) By posting Content, the user grants the Service Provider in each case a non-fee-based transferable right of use to the respective Content, in particular
- to store the Content on the Service Provider's server and to publish it, in particular to make it publicly accessible (e.g. by displaying the Content on the Service Provider's website) and in the Service Provider's e-mail newsletter.
- to edit and reproduce it, insofar as this is necessary to make the Content available or to publish it, and
- to grant rights of use (including fee-based ones) in respect of third parties to the users' Content, provided the rights owner is in agreement.

Once the user removes from the service the Content he posted, the right of use and exploitation granted above to the Service Provider shall lapse. The Service Provider nevertheless remains entitled to retain copies made for backup and/or evidence purposes. The rights of use to Content posted by third parties that had already been granted to participants likewise remain unaffected.

(3) Users are fully responsible for the Content they post. The Service Provider does not check Content for completeness, accuracy, legality, up-to-date status, quality and its fitness for a particular purpose. The user confirms and guarantees to the Service Provider that he is the sole owner of all the rights to the Content posted by him to the Service Provider's website, or is otherwise entitled (e.g. through effective permission given by the rights owner) to post the Content to the Service Provider's website and to grant the rights of use and exploitation in accordance with para. (2) above.

(4) The Service Provider reserves the right to decline the posting of Content and/or to edit, block or remove Content already posted (including private messages) without prior notice, if the posting of the Content by the user or the posted Content itself has led to violation of these GTC, or there are concrete grounds that there will be a serious violation of these GTC. The Service Provider shall respect the legitimate interests of the user and take reasonable measures to prevent and/or remedy the violation.

(5) The Service Provider furthermore reserves the right to block user-posted Content that does not satisfy the Service Provider's quality standards at its own discretion. The Service Provider shall respect any legitimate interests of the user.

12. Rights of use

(1) Unless more extensive usage is expressly allowed in these GTC or on the Service Provider's website, or is enabled on the Service Provider's website through the appropriate functionality,

- the user may retrieve and display online the Content available on the Service Provider's website. This right of use is restricted to the duration of the contractual relationship with the Service Provider;
- the user is prohibited from editing, altering, translating, presenting or performing, publishing, exhibiting, reproducing or distributing the Content available on the Service Provider's website, in whole or in part. It is likewise prohibited to remove or alter copyright notices, logos and other trademarks or proprietary notices.

(2) The user receives an indefinite, non-exclusive right to use the content of the Service Provider's website as saved or printed out by the user himself, for his own non-commercial purposes. If it involves Content that the user receives against payment, a further condition for granting of these rights is that the relevant Content is paid for in full. In all other respects, all the rights to the Content remain with the original rights owner (the Service Provider or respective third party).

(3) This does not affect the user's mandatory statutory rights (including reproduction for private and other own use as provided for in Section 53 UrhG (Copyright Act).

13. Prohibited activities

(1) The services available on the Service Provider's website are intended exclusively for the specified commercial and/or non-commercial use by the users or, if generally accessible, for the visitors to the Service Provider's website. Users and third parties are not permitted to use the services for or in connection with commercial purposes, unless use of this nature had been expressly permitted previously by the Service Provider in text form. Unauthorized commercial use includes in particular
- all offers and solicitations of fee-based content, services and/or products, both the users' own and those of third parties,
- all offers, solicitations and conducting of activities with a commercial background, such as competitions, raffles, bartering, advertisements or snowball systems, and
- any collection, electronic or otherwise, of identity and/or contact data (including e-mail addresses) of members (e.g. for sending unsolicited e-mails).

(2) The user is not permitted to engage in any activities on, or in the context of, the Service Provider's website that violate applicable law, infringe the rights of third parties or violate the principles of protection of minors. The following activities in particular are prohibited:
- posting, distributing, offering and advertising content, services and/or products that are of pornographic nature, violates the Children and Young Person Act, data protection laws and/or any other applicable law and/or is of fraudulent nature;
- utilization of content that is offensive or slanderous to other participants or third parties;
- utilization, provision and distribution of content, services and/or products that are protected by law or by the rights of third parties (e.g. copyright), without being expressly authorized to do so.

(3) Furthermore, the following activities are also forbidden, regardless of any possible violation of law, when posting content to the Service Provider's website or communicating with other users (e.g. by sending personal messages, participating in discussion forums, etc.):
- distributing viruses, Trojans or any other malicious files;
- sending junk or spam e-mails, or chain letters;
- distributing insinuating, objectionable, sexually-oriented, obscene or defamatory content or communication as well as content/communication that is likely to promote or support racism, fanaticism, hatred, physical violence or illegal activities, either explicitly or implicitly;
- harassing other participants, e.g. by contacting them personally more than once without a response or contrary to a response from the other participant, and promoting or supporting any such harassment;
- prompting other participants to reveal passwords or personal data for commercial or illegal purposes;
- distributing and/or public display of content available on the portal without being granted the explicit permission to do so by the respective author or without using functionality that is expressly provided on the portal.

(4) It is also prohibited to engage in any activity that may serve to impair the smooth operation of the Service Provider's website, in particular to place undue strain on the Service Provider's systems.

14. Blocking access

(1) The Service Provider may block access by the user to the Service Provider's website, temporarily or permanently, if there is tangible evidence that the user is violating the terms of these GTC and/or applicable law, or has done so, or if the Service Provider has any other legitimate interest in blocking access. The Service Provider shall respect the legitimate interests of the user as appropriate in its decision on blocking access.

(2) Access may be blocked and the user's Content may be blocked if the user is in arrears with payment for more than two weeks.

15. Indemnification from liability

(1) The user shall, on first request, indemnify the Service Provider in respect of all claims asserted by third parties against the Service Provider due to any violation by the user against statutory provisions, the rights of third parties (particularly personal rights, copyright and trademark rights) or against contractual obligations, representations or guarantees, including the cost of any legal defense that is required (legal expenses and court costs in the statutory amount).

(2) If claims are asserted as defined in para. 1, the user is obliged to cooperate, promptly and fully, in establishing the facts of the matter and to provide the Service Provider with the information required for this purpose in a suitable way.

16. Changes to services

The Service Provider is at all times entitled to change the Internet services that it provides free of charge, to make new services available, either free of charge or for a fee, and to discontinue services that it provides free of charge. The Service Provider shall respect the legitimate interests of the users.

17. Ending use of the service / termination

(1) The user may terminate the contract at any time, without stating reasons, to the end of the ongoing payment period, by initiating deletion of his account in his personal settings. Cancellation must be notified no later than one month before the end of the ongoing payment period. Alternatively, if the user is unable to delete the profile, he can send notice of termination in writing or in text form (e.g. e-mail) to the Service Provider.

(2) The Service Provider may cancel the contract at any time, without stating reasons, with a one-month period of notice to the end of the ongoing payment period in text form (e.g. e-mail).

(3) This does not affect either party's extraordinary right of termination. Extraordinary right of termination on the part of the Service Provider exists in particular if the user has willfully violated provisions of these GTC and/or has committed prohibited acts, willfully or negligently. Extraordinary right of termination on the part of the Service Provider also exists in particular if the user is in arrears with payment for more than two weeks.

18. Data protection

(1) The Service Provider shall ensure that users' personal data is only collected, stored and processed to the extent required for performance under the contract and to the extent permitted by statutory provisions, or required by law. The Service Provider shall treat personal data as confidential and in accordance with the provisions of applicable data protection law. It shall not pass on any such data to third parties unless required to do so in order to fulfill contractual obligations and/or unless there is a statutory obligation to transfer such data to third parties.

(2) In the event that data protection-related declarations of consent are obtained from the user in the context of using the Service Provider's services, the user shall be advised that they can be revoked by the user at any time, with effect for the future.

(3) Further information on data protection and on the purpose, type and scope of collecting, processing and using personal data is included in the data protection statement, which can be downloaded under the "Data protection" link at any time.

19. Limitation of liability

(1) The Service Provider shall be liable without restriction in the event of intent or gross negligence for all losses or damage caused by the Service Provider in connection with provision of the contractual services.

(2) In the case of slight negligence, the Service Provider shall be liable without limitation in the event of injury to life, body or health.

(3) For services provided free of charge, the Service Provider shall not be liable above and beyond the liability indicated in para. 1 and para. 2.

(4) In all other respects the Service Provider shall only be liable in connection with the provision of fee-based services insofar as it is in breach of a material contractual obligation. A material contractual obligation refers in the abstract to those obligations whose fulfillment is a precondition for the proper performance of the contract and on which the user may generally rely.

(5) Insofar as the Service Provider's liability should be excluded or limited under the above provisions, the same shall also apply to the Service Provider's agents. 

(6) Liability under the Product Liability Act (ProdHaftG) remains unaffected. The stated exclusions of liability and limitations shall also not be applicable in case of the assumption of explicit guarantees by the Service Provider as well as in case of claims due to the absence of guaranteed properties.

(7) With regard to the recovery of data, the Service Provider shall only be liable as far as the user performed all required and reasonable data back-ups and ensured that data can be reconstructed from data material prepared in machine-readable form with acceptable effort.

20. Amendments to the General Terms and Conditions

The Service Provider reserves the right to amend these GTC at any time, with effect even within the existing contractual relationship. The Service Provider shall notify registered users at least 6 weeks before the date scheduled for entry into force of any such changes. If the user does not lodge an objection within 6 weeks from receipt of the notification and continues to use the services after expiration of the period allowed for objection, the changes shall be regarded as having been agreed as effective from the expiration date. In the notification of change, the Service Provider shall advise the user of his right to lodge an objection and of the consequences of any objection. If an objection is lodged, the Service Provider is entitled to end the contract with the user with effect from the date on which the changes are scheduled to take effect.

21. Final provisions

(1) The law of the Federal Republic of Germany shall apply to the exclusion of the UN convention on the international sale of goods (CISG).

(2) If the user is a businessperson, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from the contractual relationship is the headquarters of the Service Provider.

(3) Should individual provisions of these GTC be or become ineffective, this shall not affect the effectiveness of the other provisions.

Last revised: May 03, 2017

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