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Terms and Conditions of second-hand-kleinanzeigen.de UG (limited) Leisnerweg 6 81929 München - Terms and Conditions (GTC)

§ 1 Scope

(1) Welcome to second-hand-kleinanzeigen.de (hereinafter: SHK). These terms and conditions govern the contractual relationship between second-hand-kleinanzeigen.de UG (limited) Leisnerweg 6 81929 München (hereinafter: SHK-UG) and private providers and commercial providers (hereinafter: users) which the telemedia service from SHK take SHK-UG to complete.

(2) each separate terms and conditions apply for other services offered by SHK-UG.

(3) As far as SHK about third party products offered, any agreements exclusively between the users.

(4) contrary to or from these terms and conditions deviating conditions of the user without having in this respect no separate written agreement validity.

§ 2 Terms

(1) For the creation of content, a registration is necessary. The user undertakes to provide truthful information. With the creation of content is between SHK UG and users a contract for the use of SHK database (hereinafter "Terms of Contract"). A right to conclude a license agreement does not exist.

(2) The registration requires a valid e-mail address and a personal password.

(3) The user is required to indicate whether it is acting as a private or commercial suppliers. Commercial providers are required to comply with the statutory information requirements, in particular to provide a complete imprint. For this they have to use the space provided Required imprint in profile.

(3) The setting of content in the SHK database assumes the unlimited capacity of the customer.

(4) A user can cancel the Agreement at any time. All it takes is an e-mail to info@second-hand-kleinanzeigen.de or writing: second-hand-kleinanzeigen.de, second-hand-kleinanzeigen.de UG (limited) Leisnerweg 6 81929 München. SHK-UG can cancel at any time with a period of 14 days the license agreement. The right to block remains unaffected.

(5) SHK-UG reserves the right to remove not fully registered users and users who have been inactive for an extended period.

(6) SHK-UG is not intermediaries, not buyers or sellers and representatives of the buyer, seller, or the data stored in the database SHK products and content. A legal claim of the user to use the database of SHK SHK-UG does not exist.

§ 3 Costs

(1) The use of the power of SHK is free of charge, provided that the user is made to a payment obligation not before claiming a service of SHK.

(2) The cost of kostenplichtigen services and the method of payment are explained in the respective fee-based services.

§ 4 content

(1) Users are obliged to set content in the appropriate category and to describe fully and truthfully with words and pictures.

(2) If you offer as a real estate professional to SHK products and content, you are subject to special legal regulations. Please make sure that your content comply with legal requirements.

(3) The setting of content by the customer on behalf of third parties without their express previous consent is not permitted. In particular, no phone numbers, or addresses may be set in the SHK database without the consent of the person concerned.

(4) The adjustment of image files which do not reflect exclusively the subject offered by the customer is not permitted.

(5) The adjustment of image files in which you own the copyright or control the rights thereto is prohibited.

(6) It is only the creation of products as contents permitted.

(7) The setting of services is not permitted.

(8) The setting of animals in inadmissible.

(9) It is prohibited to publish content in the SHK database that violate legal regulations, third party rights or offend common decency. Keep in mind that it is forbidden:

- To violate the law and our policies against forbidden content - To act dishonestly or misleading - Violate the rights of third parties. Distribute or promote spam, chain letters or pyramid schemes - - To send viruses or other technologies that damage SHK database or the interests or property of users of the database SHK könnten- - Suspend the infrastructure of SHK Date Bank an excessive load or otherwise interfere with the smooth functioning of the site - To copy the contents of other content to alter or distribute To use robots, crawlers, spider, scraper or other automated mechanisms to access database on the SHK and collect content, no matter what - - purpose without our express written consent - Information, including e-mail addresses to collect about other users or in any way to gain, without the consent of the respective users - To circumvent measures that serve to prevent access to the database or restrict SHK

§ 4 Responsibility for content

(1) The user is responsible for the content posted by him self. He is in particular responsible for ensuring that the contents are not illegal and do not infringe any third party rights (eg copyrights and trademarks). SHK-UG is not obliged to check whether a set content affect third party rights or violates objective law. The user is obliged to rectify or delete, as long as they do not comply with the content posted by him. Corresponding changes the customer can "Manage Ads" via the menu.

(2) The customer provides SHK-UG from all claims of third parties in connection with those placed by him in the database of SHK content. Published SHK UG had appraised of the case to the damage at a minimum keeping a right of reply or similar communications, so the customer has to replace their reasonable costs.

(3) The customer is responsible for ensuring that sent him files contain viruses or similar programs. Corresponding files can delete SHK-UG, without the user being entitled to claims. SHK-UG reserves claims before due to virus-related harm.

(4) SHK-UG reserves the right, moreover, to reject at its own discretion, the inclusion of certain content in the database of SHK, or delete previously recorded content and messages completely or partially. A right of cancellation is in particular given if contents or other customer inputs do not cause harm to the line with the Terms of Use (Terms and Conditions) or the image of SHK and SHK-UG. The customer can not plead a corresponding deletion.

§ 5 Content and rights

SHK database contains both content and information by users. You agree not to copy content to modify or distribute. If you believe that your rights have been violated, please contact us. We reserve the right to remove content from the SHK database if we have evidence of the violation of our Terms and Conditions (GTC), our principles or the infringement.

For the contents that you set in the SHK database (pictures and information), you grant SHK-UG and its associated SHK-UG Company the non-exclusive, worldwide, perpetual, unlimited, irrevocable, transferable, sub-licensable, royalty-free right to use in all known and not yet known or hereafter one respect all copyrights, database rights, intellectual property, intangible or other proprietary rights.

§ 6 Protection of Intellectual Property

(1) authorized, in particular, holders of copyrights, trademark rights or other intellectual property rights, content that violates their rights, report and request its removal. If a legal representative of the creditor reports this to us in the correct manner, the contents that violate property rights or copyrights, away from us.

§ 7 Warranty

(1) SHK-UG is neither a party nor representative of a party or intermediary where appropriate concluded between customer transactions. SHK-UG is not responsible for the contract negotiations, the conclusion of the contract and the contract.

(2) SHK-UG assumes no responsibility for the accuracy and completeness of the information provided by the customer and declarations as well as the identity and try integrity of customers.

(3) The amount placed in the database contents are for SHK-UG third-party content within the meaning of §§ 7, paragraph 2, 10 Telemedia Act (TMG). The legal responsibility for this content lies accordingly with the person having the contents set in the database.

(4) It is not possible under the current state of the technology to exclude all risks associated with the use of the Internet. For this reason, SHK-UG assumes no liability for technical defects, in particular for the continuous and uninterrupted availability of the data base of SHK and its contents or for the complete and error-free reproduction of the set by the user in the database of SHK content.

§ 8 Limitation of Liability

(1) The content of SHK posted by users. SHK-UG does not guarantee or warrant the accuracy of content or the user communication and for the quality, safety or legality of the goods offered.

(2) With regard to companies liable SHK-UG for damages, except in case of breach of such duties from the contractual obligation whose fulfillment is essential to the proper performance of the contract at all, on whose compliance the contractual partner regularly and which endangers the purpose of the contract (essential contractual obligations), only if and insofar as SHK-UG, their legal representatives, officers or other agents of intent or gross negligence. In the case of breach of contract SHK-UG is liable for any culpable conduct of its legal representatives, senior employees or other agents.

(3) With consumers liable SHK UG only for intent and gross negligence. However, in case of breach of contract, the debtors default or to be taken by SHK UG impossibility of performance SHK-UG is liable for any culpable conduct by its employees and agents.

(4) Except for intent or gross negligence of legal representatives, senior employees or other agents of SHK-UG, the liability shall be limited to the conclusion of the contract typically foreseeable damage.

(5) Liability for indirect damages, in particular for lost profit, only in cases of intent or gross negligence of legal representatives, senior employees or other agents of SHK-UG.

(6) The above exclusions and limitations with respect to companies or consumers do not apply in the case of explicit guarantees by SHK UG and for damage arising from injury to life, limb or health or where required by applicable law.

§ 9 Data protection

(1) By using the SHK database you consent to the collection, processing and use of your personal data by SHK to UG. For more information, see our Privacy Policy.

§ 10 Final Provisions

(1) These terms and the other stored at SHK provisions and principles constitute the entire agreement between SHK UG and users and supersede all prior agreements.

(2) This agreement is subject to the laws in Germany and all disputes in connection with these terms and conditions shall be decided by the courts in Germany. Furthermore, the provisions of the CISG are excluded. Unaffected by these regulations affect the rights which may give you as a consumer is entitled by law and may prescribe the applicability of another legal system (for example, your place of residence). If we do not enforce certain rules, so that we do not waive the right to do so at a later date. If one of these conditions should be invalid, the other conditions continue to retain their effectiveness.

(3) SHK-UG is entitled to transfer with a notice period of four weeks of his rights and obligations under this contract in whole or in part, to a third party.

(4) SHK-UG reserves the right to modify these Terms of Use at any time without giving reasons. The revised terms will be given to the user before the insertion of a new display. The amended Terms and Conditions (GTC) are effective as soon as the user agrees to these when creating new content.

(5) Additional agreements, changes or additions to these Terms and Conditions shall only be effective in writing. The abolition of the written form shall be valid unless in writing.

(6) Should individual provisions of these terms and conditions be invalid or incomplete, or the validity of the remaining terms and conditions shall remain unaffected.

(7) The company second-hand-kleinanzeigen.de UG (limited), Leisnerweg 6, 81929 Munich, has its headquarters in Munich.

Status: 14:06:13