General Terms and Conditions (GTC)
Introduction
These GTC contain all essential regulations for our services, which tredition GmbH, An der Strusbek 10, 22926 Ahrensburg ("we") provide for users ("you"). tredition offers you software and services relating to books. These are tools and support for the creation, design, production, publication and marketing of your book. In addition, we bring you and your book to bookstores, if that is what you want. We are not a publishing house, because we do not subject your book to a typical publisher's review, nor do you have to grant us exclusive usage rights for a long time, film rights, or any other authority beyond our specific collaboration with you.
The provisions of these GTC are binding and apply in the most recent version agreed with you for all projects that you publish through us in the future or have printed or processed, as well as for all other services that we provide for you, even if these GTC are not mentioned again separately.
These GTC regulate our business relationship with you and our services provided in this context. Anything to the contrary shall only apply if we have negotiated and agreed it with you individually. "Project" in the sense of these terms and conditions is everything that you publish, produce or edit through us, for example books in any form (printed, e-books, etc...), comics, texts, images or combinations of the aforementioned content.
A. Book projects
1. register: In order to submit projects to us for publication, printing or other processing, you need a user account for our tredition.com platform. To obtain such a user account, you must register with us - free of charge. As part of the registration process, you must provide complete information and, of course, correct data in all mandatory fields. The registration is successfully completed by confirming your e-mail address. After receiving the confirmation you can log in with your access data and submit projects for printing or publication and use further services. However, there is no legal claim to the provision of a user account. We can basically assume that all transactions carried out via your user account were also carried out by you. In particular, these GTC apply to all transactions carried out via your user account and all services ordered using your user account. Your user account is exclusively available to you for your own purposes. If you suspect that your user account has been used without authorization or if you have to assume that your access data have been passed on without authorization or have come to the knowledge of unauthorized persons, you must first change the password of your user account and inform us as soon as possible so that we can initiate the necessary measures for your and our protection. You can delete your user account at any time by clicking on "Delete account" in your user data. Please note that your data will be irretrievably deleted upon deletion. If there are still ongoing contractual relationships with you, the deletion will take place at the end of the last ending individual contract (see below under "End of contract"). We may terminate the user account agreement and the contractual relationship with the same notice period.
2. publish: You decide whether you want to publish your project - i.e. offer it for sale in bookstores. In order for us to be able to offer your project in bookstores on your behalf, each book type (e.g. softcover, hardcover, e-book, large print edition) of your project must be marked with an International Standard Book Number (ISBN). You can choose to receive these from us or you can use ISBNs that you have procured yourself and provided to us.
You have the possibility to appear with us as a so-called "imprint". In publishing, an imprint is the word mark of a publisher ("publisher's brand") that appears independently in the book trade with its own layout and logo. In this case we take over the distribution and carry your publishing brand as an imprint.
We can decide for ourselves whether to accept a project for distribution via the book trade. Should we decide against it, we will of course inform you in text form. However, we do not have to give reasons for our decision.
Print 3: In addition, you can also produce projects through us, e.g. have them printed, without commissioning us to sell them in bookstores. We then produce the project only on the basis of the print information provided by you, which we do not have to check or revise, and are not responsible for any resulting consequences, such as content errors.
4. other services: We provide you with numerous free tools that you can use to design and review your book yourself. We also offer additional services such as editing, proofreading, cover design, book block design and other services. Our services are described conclusively in the respective service description. We provide you with the services that you have agreed upon with us. Unless otherwise agreed, the so-called "service contract law" applies to our other services, i.e. our service consists of the respective service and not the achievement or provision of a specific result.
In our website section "Services" you can request additional services related to your book. A binding agreement on the respective services is concluded when you accept an offer submitted by us, which we will send to you in the form of an invoice. We are entitled, but not obligated, to submit an offer. The acceptance of the offer by you takes place when you pay the invoice in advance.
The prices offered by us apply in each case. We inform you about the completion of the purchased services and provide the results according to the service description. A complaint is only possible insofar as there is a deviation between the actual service provided and the agreed service. Questions of taste, on the other hand, do not entitle you to refuse release, unless there is objectively a poor performance or other deviation from the agreed performance. Your release of the performance shall be deemed to have been granted if you have not made your complaint within ten days of notification of completion. All agreed deadlines are subject to timely receipt of payment and will be postponed accordingly in the event of your delay by the duration of the delay. If we are unable to provide a service that has already been bindingly agreed for reasons for which we are not responsible, for example in the event of illness of the person agreed to perform the respective service, both we and you shall be entitled to withdraw from the contract to the exclusion of any further claims. As far as possible, however, we will offer you a performance by an adequately qualified substitute. If we offer you the performance of the service by one or more of our experts, the following applies: our experts may use auxiliary persons for their performance. Therefore, there is no claim that the expert personally creates/produces all components of the respective service. However, the respective expert will supervise and control the respective service himself.
5. project contract: We conclude a project contract with you for each project, the subject of which is the production or sale in the book trade on your behalf of the respective project and/or our other services under the terms of these GTC. This also applies to new editions or versions of your project with changed content, even if it has the same title. The project contract is not additionally concluded in written form, but comes into effect when you publish your book project and commission us to sell it in the book trade or when we have confirmed and accepted your print order.
B. Prices, participation and remuneration
One, your earnings: if we distribute a project for you: you receive a share of the revenues we generate from the distribution of your project, which is either a share of the revenue (for e-books) or a fixed amount of earnings per book sold (for printed books) and which we agree with you upon conclusion of the project contract for the respective project. You determine the amount of your earnings per book under "Publishing" in the "Earnings" step. With the acceptance of a book project by us, the respective amount of your earnings is agreed upon. If you change the book project (e.g. book update, new edition, price campaign), the amount of your earnings will change according to the amount displayed under "Earnings". You can view your earnings in your user account under "Reports". We owe you the payment of your earnings in accordance with these terms and conditions.
You will receive a statement from us at the beginning of each calendar month for the previous calendar month. We will pay you the resulting earnings plus any statutory VAT (if you have provided us with your VAT identification number) within 15 days of the end of the calendar month (example: the statement for June will be paid by July 15 at the latest). The payment will be made via the payment method agreed with you, e.g. SEPA bank transfer or Paypal transfer. The statement contains the amount of your credit. You can view the underlying turnover details via your user account. For reasons of data protection, we cannot and will not provide you with any personal data (e.g. who has purchased a book) about individual transactions.
Your earnings from direct sales (i.e. sales via our own platforms and offers) are settled at the end of the month, earnings from sales via the book trade after three months at the end of the month. The payment will be made in the currency provided for your user account (country setting USA = US-$; UK = GBP; Germany, Austria = Euro; Switzerland = CHF.) Amounts below 25 Euro / USD / GBP / CHF will remain on the earnings account and will only be paid out when this amount is exceeded or, if earlier, when the contract is terminated. Depending on the settings of your user account, your earnings will be calculated with or without sales tax. You are responsible for the correct tax classification and recording of your earnings.
2. third party participation: In your project, we provide you with the option to pay out all or part of your earnings to third parties. Third parties must also have a user account with us (with the exception of charitable organizations that we have recommended and to which you can donate a portion of your earnings). We will pay the portion of your earnings that you specify to the payment method on file in the third party user account. All amounts paid by us to third parties in execution of the Disbursement Agreement entered into with you will be deemed to be Earnings paid to you as agreed. Once the payout has been made, such amounts cannot be recovered. You are solely responsible for ensuring that all legal requirements are met when making a payment to a third party, including but not limited to money laundering regulations. You shall provide us with all documents and information that we may require in this context.
3. other: Any transaction costs for withdrawing your earnings, such as bank fees, are your responsibility and will be deducted directly from your earnings by your bank or PayPal.
Our statements and invoices shall be deemed to be correct and accepted if you do not object to them in text form (e.g. by e-mail) within 8 weeks of receipt, stating what exactly is not correct about the statement.
If we receive back copies of your project delivered to the book trade for which we have already paid out earnings to you or third parties, then you must reimburse us to this extent for the amounts paid out for the copies taken back; we may offset repayment claims against current earnings. We are entitled to take back copies and to refund payments made for them by the book trade or direct purchasers even if we are not obliged to do so, but also if this is expedient, e.g. in the context of the returns customary in the book trade (taking back books) or as a gesture of goodwill.
4. remuneration and production costs: We charge you for our services (e.g. the production of books that you have ordered from us, so-called copies and other services that are subject to remuneration) the price shown in each case. You pay us by a method of payment offered by us, e.g. PayPal or credit card. Our invoices are due and payable within 10 days after receipt of the invoice (receipt of payment). Basically, the principle of advance payment applies to all our services, we are only obliged to begin with the execution of the service after receipt of payment. You may only withhold a payment to be made to us if we do not dispute your counterclaim or if your counterclaim has been legally established by a court. You may only offset your own claims against our claims if your claims are based on the same contractual relationship.
The price for your copies (i.e. copies of your book that you buy from us) is always displayed up to date. It is possible that the prices displayed to you will change, in each case with effect for future orders, if our costs for e.g. paper, energy etc. change. A fixed price for your copies is not agreed.
5. selling price: When you publish your book, you set a retail price for the bookstore. In the price and project calculator (https://tredition.com/preise/projektrechner/), you calculate your earnings per copy sold for the book trade distribution channel and our own tredition shop. Your earnings are calculated as follows: Sales price minus VAT, trade discounts, logistics costs and production costs. If our costs for the production of your copies increase after the conclusion of the contract (e.g. price increases for paper, ink or energy or apportionment costs to be paid by us (e.g. contributions to the artists' social insurance fund, environmental requirements, costs under the German Packaging Ordinance, paper costs, transport and shipping costs and other payments that we have to make to third parties as part of our distribution of your book) or increased trade discounts (e.g. that book wholesalers or even retailers demand a higher share of book sales), then we are entitled to pass this price increase on to you. In doing so, we will try to keep the price increase as low as possible by offsetting it against any savings. We will inform you of any increase in costs and prices as soon as we become aware of it, if possible 14 days before the price increase takes effect. If the cost to us of selling your book increases by more than 5%, we will have the right to offset those costs against your earnings to the extent of the total increase. We will notify you of the adjustment at least 14 days before it takes effect and give you options for action. You can increase the selling price of your book to maintain your absolute earnings. You can also agree to the reduction of your earnings or delete your book project from our distribution.
C. Foreign rights and laws
You shall not steal! If you make a project available for sale in bookstores via our website, you declare at the same time: you have created this project yourself or have been assigned the necessary rights. Above all, you have not violated any rights of others or violated any legal regulations. You have not copied any external content and included it in your project, unless this is permissible in individual cases, e.g. on the basis of citation law. You have also not included any third-party content in your project that you have modified in terms of content.
In addition, you have carefully checked that the title, i.e. the name of your project, and other designations used for your project, e.g. your publishing brand, do not infringe on third-party rights, e.g. rights to a name, trademark rights or other rights.
Furthermore, you do not violate any laws or rights of third parties with the content of your project. This applies in particular, but not exclusively, to criminal law, youth protection laws, advertising bans or personal rights. Characters/persons that appear or are described in your project may not describe and make recognizable an identifiable living person, unless this is exceptionally permitted (e.g. public figures).
These requirements also apply if you only want us to print or otherwise process a project for you.
You may reach a lot of readers with your project. Please check your project carefully before you complete it! If you infringe third-party rights or legal regulations with your project, whether with content, title, your publisher's trademark or other features, we may incur expenses. This may mean, for example, that we have to retrieve books from the book trade or pay our own lawyers, for example for checking the legal situation or for our representation. We may also have to reimburse claimants for their legal fees or court costs. You indemnify us for all such expenses and other costs incurred by us as a result of your infringement, that is, you reimburse us for such costs, expenses and losses. We do not check your project for infringements and are not obliged to do so. We also do not carry out a legal check in the case of proofreading. It is your sole responsibility to ensure that your content is legal. If you are not sure about third party rights or legal regulations, it is your responsibility to seek competent legal advice. You have to bear the costs of such a check yourself. Because it is your project! Inform us in case of doubt or if you yourself are informed about illegal contents of your work without delay via our contact form! Violations of copyright and personal rights can have not only civil but also serious criminal consequences.
In addition, you are of course obligated to refrain from any unlawful actions in relation to the distribution of your project, such as misleading, deceptive reviews or the unlawful disparagement of other projects.
If third parties claim to us that your project infringes their or third parties' rights or legal regulations, then we are entitled to interrupt the distribution and the offer of the project and to clarify the factual and legal situation. If the examination shows that an infringement of rights cannot be excluded, we are entitled to terminate the further distribution of the project and to terminate all book contracts with you that have a project with the possibly infringing content or title as their subject matter. or to make further distribution dependent on you providing us with a security deposit in the amount of the anticipated costs of a legal dispute about the infringement of rights, together with all anticipated amounts of damages and other cost consequences. If our examination shows that your project infringes the rights of third parties or legal regulations, or if we have to carry out the examination because you do not provide us with sufficient evidence in time to refute the alleged infringement, you must also reimburse us for the costs of the examination.
You are solely responsible for the removal of illegal content of your works on websites or other presences of third parties, for example in the context of reviews on websites of third parties or search engines. If we support you in this, we can demand an appropriate remuneration and advance payment for this. We are in no way responsible for the successful removal of illegal content that we have published in the context of a contractual cooperation with you; not even if we support you in the removal.
We reserve all further claims or rights for infringements caused by you or your project.
D. What we also do not want to sell or print
In addition to content that violates legal regulations or the rights of third parties, we also do not want to sell or produce immoral content. So you agree not to submit projects whose content is racist, discriminatory, glorifies or trivializes violence, is political or religious or otherwise extremist, or is otherwise immoral or unsuitable for publication to persons under the age of 16. We carry out this assessment at our own discretion.
We do not publish public domain works for you. This applies in particular to "classics" for which you assume that the copyrights have expired due to the passage of time. If we determine that your project contains a public domain work, we are entitled to terminate the project contract without notice and for cause.
E. Rights you grant us
If we have decided to produce or sell your project to booksellers, we will inform you of this in text form, for example by e-mail. In this case, we will take reasonable and appropriate measures to distribute your project via our own shop (tredition.com), via online shops such as Amazon and/or via the stationary book trade. By submitting your project, you grant us all necessary rights - worldwide - subject to our acceptance of the project, i.e. when selling to booksellers and readers:
a non-exclusive right (i.e. no exclusivity) to reproduce, distribute, make available to the public and any other form of use that we need to produce, publish and distribute your project in accordance with the contract.
We may also grant the right to third parties or exercise the right ourselves, your project:
- within the framework of so-called book flat rates, such as Amazon's Kindle Unlimited, i.e. within the framework of licensing models in which the end user can also read/use a limited or unlimited pool of projects for a flat fee without additional payment ("book flat rate").
- Make available physically or incorporeally, i.e. also digitally, within the framework of libraries and lending models, e.g. Onleihe, to end users for a certain period of time (lending).
You can also deselect the Book Flatrate and Rental options when submitting your project or you do not offer your project as an e-book.
Insofar as we are not to offer your project for sale in the book trade but are only to produce it, you grant us the above right only to the extent necessary and appropriate for the contractual relationship.
We reserve the right to use excerpts of your project for distribution and advertising, for example as a book preview in our own shop. You decide yourself whether you want to use the contents of your project in other preview tools of e.g. Google Books Amazon or in the context of other services. You also allow us to pass on your project to third parties within the framework of distribution or to have it passed on, for example for distribution as an e-book via other platforms, provided that you have commissioned us with the sale of your e-book.
When our contractual relationship ends again, all rights of use revert to you. However, we may continue to distribute the printed copies of a project that we still have until the entire remaining quantity has been sold (sell-off).
F. Book cover and interior
You can design the cover and interior of your project yourself using our design tools. Templates are also provided, as well as a link to third-party content where applicable. Please note:
These design tools are an optional extra provided at no cost to you. We do not guarantee that the design tools will work properly in every case. Furthermore, we are not liable for templates and also under no circumstances for content and templates that you procure from third parties (e.g. image databases), even if we have provided you with a link to a third-party offer or to a third-party platform. We have no influence on such contents and offers of third parties and are also not responsible for them.
Please note that third parties often do not assume liability for the content provided on their platforms. Your book cover and inner part are both components of the project, accordingly your obligation to release according to "C. Foreign rights and laws" above the cover and the inside.
G. Book production
For print editions, we have the project produced by printers selected by us. For an efficient and flexible circulation management and an optimized service of the distribution channels we use different printing houses. In the case of print processes, our printers owe a defect-free production with the following restrictions: Minor deviations in color and design that are technically unavoidable when exercising due diligence are inherent in the printing processes and the various materials and do not constitute a defect. The same applies to deviations resulting from the material (e.g. paper and printing inks) and which are unavoidable within the usual scope. Colour deviations from the display on monitors compared to the print result are due to technical reasons and are also not a defect. We can have a book produced by different printing partners (e.g. if a high workload leads to longer production times at one partner). These deviations also do not represent a defect.
During the creation of e-books in EPUB and other formats and during the conversion of the project that may be necessary for this purpose, it may be necessary or expedient to modify, replace or edit certain elements of the project (e.g. special characters, images, etc.). These changes by us are also permissible and do not constitute a defect.
Our offer to convert projects into an e-book format applies exclusively to continuous texts with a small proportion of illustrations (max. 5 % of the total project area). In the case of particularly complex layouts (e.g. projects with mathematical formulas, extensive tables, a high proportion of illustrations or footnotes), we are entitled to refuse to convert the project into an e-book format, or we can make you an offer for the additional work, which you do not have to accept. If you do not wish to accept the offer, we do not have to produce the e-book and can withdraw from the contract in this respect, whereby the contractual relationship with regard to other projects or formats remains unaffected.
H. End of contract
We want you to remain flexible: We conclude project contracts with you for an indefinite period of time, provided that our service is not only agreed upon for one-time performance (e.g. printing a certain number of books). Both you and we can decide to terminate the contract at any time. A notice period for all contracts is only 2 weeks in each case. The right to terminate for cause remains unaffected. Upon receipt of your notice of termination, we may immediately begin to remove your book from distribution. When the project contract ends, we will cease distribution and use of your project, except for the sale provided above. Of course, we will also not produce any new books. However, we do not owe the following actions at the end of the contract:
We or third parties may sell existing or used copies of your Project after the Project Agreement is in effect, we do not have to prevent or refrain from doing so. In addition, we do not have to remove listings of the project in commerce and on third party platforms, e.g. Amazon, Google or other listings that we do not operate or control. Explicitly: we are not responsible for and do not owe the removal of such content.
I. Partnership
You think we're good? Then tell others and earn money! We offer you the opportunity to recruit customers for us as a so-called "partner".
Within the framework of the partnership, we provide you with advertising material and tracking links with which you can draw attention to us on your website, for example, and direct you to us. We can accept new customers recruited by you, but we do not have to.
The tracking links enable us to recognize that the respective new customer has come to us via you. This assumes, of course, that you have not changed the code of the link and that no other circumstances for which we are not responsible have thwarted a correct assignment, for example settings or security modules that the corresponding new customer has used. If we are unable to make an assignment for the aforementioned reasons, we are unfortunately also unable to credit you with a commission.
For all other new customers: you will receive a commission from us as shown in the affiliate calculator on tredition.com/getaffiliate. We only pay commission on payments actually received. If we have to reverse payments received at a later date, for whatever reason, the entitlement to commission will also be forfeited in this respect.
We settle the commission monthly, in your user account you will find a current commission statement. This will tell you how many copies of the book projects you referred were sold and at what sales price. For reasons of data protection, however, we cannot and will not provide you with personal data, titles, individual projects or other details about individual transactions. The payment will be made in the currency provided for your user account (country setting USA = US-$; UK = GBP; Germany, Austria = Euro; Switzerland = CHF.) Amounts below 25 Euro / USD / GBP / CHF will remain on the earnings account and will only be paid out when this amount is exceeded or, if earlier, when the contract is terminated. Depending on the settings of your user account, your earnings will be calculated with or without sales tax. You are responsible for the correct tax classification and recording of your earnings.
You will receive your earnings as long as the book project is distributed by us and copies continue to be purchased and as long as you are a registered user with us. Your entitlement to ongoing participation ends when the book project is deleted and thus removed from distribution or when you delete your user account, whichever occurs first. We are entitled to terminate the partnership with two weeks' notice to the end of a calendar month if no new commission claims have arisen over a period of six months. In this case, we will pay out existing credit balances at the end of the contract, regardless of their amount.
We do not owe the achievement of certain amounts of earnings or sales in the sense of a promise of success.
As a partner, you are given the opportunity to advertise for us. In doing so, you neither owe us a certain success nor are you obliged to advertise for us or to refer new customers to us. It is at your own discretion whether and to what extent you want to recruit new customers for us as an affiliate. You are therefore not entrusted with the procurement of new customers, but you are only given the opportunity to do so.
If you act as an affiliate for us, you must comply with all relevant laws and regulations. In particular, you may not send unsolicited messages such as spam emails or advertise in a misleading manner. As an affiliate, you may only use the advertising materials provided by us and may not modify them. In addition, you must not give the impression that you are authorised to make or receive statements on our behalf or that you are otherwise authorised to represent us. If, as a Partner, you culpably infringe the rights of third parties or statutory provisions, you must reimburse us for all costs, losses and expenses incurred by us as a result. This also includes the costs of our reasonable legal defence.
J. Your obligations to cooperate / restrictions on use
1. participation: We must (be able to) talk! Good and trusting cooperation requires good communication. In the course of our cooperation, we will contact you primarily by e-mail. You are responsible for receiving and reading our e-mails in a timely manner. Above all, you must ensure that our e-mails are not suppressed or hidden by your spam filter.
In addition, you must inform us immediately about everything that is essential for our cooperation with you. To be on the safe side, you should send us this information in text form, i.e. by e-mail or in writing, if possible. Important information is, for example, complaints regarding your project, possible infringements of rights or other circumstances that could significantly complicate or also facilitate the distribution of your project and which we are probably not yet aware of.
You support us with all reasonable measures in the distribution of your work, as far as this becomes necessary in individual cases, e.g. by providing necessary information.
If third parties claim to us that your project infringes their rights or other rights of third parties or legal regulations, we will inform you of this circumstance immediately. You are obliged to inform us immediately, truthfully and fully about the facts and to provide us with all information and evidence to defend against such claims. If you determine - regardless of how - that your book actually infringes the rights of third parties or legal regulations, you must also inform us of this immediately and without culpable hesitation and agree with us on the further course of action. This is also in your interest, in order to limit the amount of clearance you have to provide.
You are responsible for your content. In the "Imprint Service" section, we provide you with all communications (mailings, emails) that we receive for you as part of our Imprint Service. We will inform you by e-mail to your e-mail address stored in your account, within three working days, as soon as we have received a communication. You are therefore obliged to check your e-mails regularly.
In addition to the e-mail address, you are obliged to always provide us with a current postal address for any mail sent to you and, in the event of a change of address, to immediately, i.e. without delay, enter your new address in the user account. If we take over the distribution of your book for you, you authorize us to accept deliveries addressed to you at our address, which we will gladly forward to you - against reimbursement of the shipping costs, which we can offset against your earnings. Alternatively, you can name a correct and valid delivery address in the imprint of your book. We are not liable for delays and their consequences that occur because we cannot forward mail to the last address you named. You allow us to pass on your contact data deposited with us if third parties claim to us with comprehensible and plausible reasons that you violate their rights with your work. Before passing on your data, we will contact you as far as possible and reasonable for us and give you the opportunity to take the matter into your own hands.
2. use of our service: We may provide you with various services as part of the contract service to facilitate your publication. For example, this applies to our design tools, with which you can create a cover, design the beginning of the book and the book typesetting, and similar tools. We provide these services to you only for use in connection with the collaboration between you and us. You may not exploit the results created with these tools and services without us or with third parties, i.e. print them via third parties or distribute and exploit them with a third party, e.g. a publisher. We do not make the print data available for download and we also do not owe the release of print data during or after the contractual relationship. If you use our tools or the work results created with them in breach of these terms and conditions, you shall pay us reasonable compensation for this, whereby our further claims and rights shall remain unaffected.
K. What do we stand for?
1. services and service descriptions: Basically, we owe you that we properly perform the services agreed with you. In the context of the distribution of projects, however, we do not promise any specific turnover, sales figures or earnings at any time, as this is largely not dependent on us. Furthermore, we do not assume a so-called "guarantee" for any service, i.e. a promise for which we are liable even without our own fault.
We shall be entitled to have our performance rendered in whole or in part by third parties.
We provide a large part of our services online via the Internet, which we cannot control. Therefore, our services are generally available 365 days a year, 7 days a week, 24 hours a day. However, we do not guarantee that our services can be successfully accessed at any given time and we are entitled to restrict or discontinue our services if we are forced to do so by circumstances for which we are not responsible, for example in the event of security problems or technical faults not caused by us. In addition, we are not liable for third party platforms, networks or services such as telephone lines, data lines or data centres not operated by us.
We are entitled to withdraw from the contract if we are unable to fulfil the contract for reasons for which we are not responsible, despite all contributions duly made by us, in particular the conclusion of a so-called congruent hedging transaction (contract on our complete and timely supply of required goods/services). In this case, we will immediately inform you about this circumstance and immediately refund any payments made, whereby further claims are excluded.
2. data: Of course, we make backups of our data inventories at proper intervals. In doing so, we use standard and state-of-the-art procedures; we do not generally use special additional security measures such as storing backups at different geographical locations. However, our services and performances do not serve the purpose of data backup. You therefore undertake to back up all content and projects transmitted to us on your premises so that they can be restored quickly and without restriction in the event of any loss. Otherwise, our liability is limited to the amount of the costs of a restoration in case of a proper data backup at your place, provided that we are liable at all for a data loss according to the following regulations.
Third liability: For the rest, we shall only be liable, irrespective of the legal grounds, for intent, gross negligence and the breach of essential contractual obligations. Material contractual obligations are those which we must absolutely comply with in order to fulfil the objective of the contract and which you, as a contractual partner, can therefore always expect to be complied with. In the event of a breach of material contractual obligations, however, our liability shall be limited to the typical and foreseeable amount if we have breached such an obligation only negligently but not grossly negligently. In all other cases our liability is excluded altogether. This does not apply, however, if we are liable for injury to life, body or health. Furthermore, limitations of liability and exclusions of liability do not apply to the breach of any warranty from and for liability under the Product Liability Act, but accordingly also for claims for reimbursement of expenses and for a direct liability of our employees, bodies or agents.
L. Public area
We may provide you with opportunities to publicly present yourself through our websites and other media presences and to present yourself and books that you have published in your account. For all content published by you not in books, but via our websites, apps and other media provided or operated by us, the requirements apply accordingly as for books in accordance with letter C above (third-party rights and laws). This means in particular: you are solely responsible for the content you publish. We are entitled, but in no way obliged, to check this content. You may not violate any rights of third parties and/or legal regulations with the content you publish. Please make absolutely sure that you have sufficient rights of use for all third-party content published by you. Furthermore applies:
For your public appearance, you must fulfil the applicable legal requirements, in particular those relating to the publication of an adequate imprint (§ 5 Telemediengesetz). For your public appearance, we display a separate imprint, which specifies the tredition imprint service as a summonable address.
You agree not to publish any content that could harm our good reputation or that is immoral for other reasons, such as glorifying violence, trivializing violence, extremist, discriminatory, disparaging, insulting, pornographic or otherwise not suitable for publication. Your public area serves the presentation of your projects published about us as well as the persons involved in them. A use for other purposes and especially publications by or for third parties are prohibited.
We are entitled to remove content or to block your user account for the public area if content published by you violates these terms and conditions. Our other claims remain unaffected by this. We offer the public area as a free, voluntary additional service. We reserve the right to discontinue or restrict this area and its functions at any time or to make it available for a fee in the future with your consent.
You grant us a non-exclusive, worldwide right of use to the content published by you for the duration of the respective publication, transferable only for the purpose of the proper fulfilment of our contractual obligations.
If we receive complaints, for example from other users, in relation to the content published by you, we will inform you of this circumstance (to the extent permitted by law). We are entitled to take the content in question offline until a final clarification of the factual and legal situation. The following also applies to the public area: you indemnify us from costs and losses incurred by us due to infringements caused by you.
M. Data protection and data security
Data protection is not only a legal obligation for us, but a matter of honour. How we handle your personal data and what we do with it is explained in the privacy policy provided on our website.
The security of the data processed by us is particularly important to us. Therefore, as our contractual partner, you undertake to check the data you transmit to us, including projects, for example, with a state-of-the-art virus scanner and current signatures and to take all reasonable measures to ensure that you do not transmit any malware to us or otherwise compromise the security of our systems. Furthermore, our offers are only provided and designed for manual operation. The use of our offers and services with automated procedures such as scripts or bots is not permitted.
N. Final provisions
We may change the content of these GTC at any time, unless this is unreasonable for you as a contractual partner. We will notify you of such changes in good time by e-mail and, if necessary, also via your user account.
We may change the terms and conditions if
(a) the change is merely beneficial to you;
(b) the change is of a purely technical or procedural nature, unless it has a material adverse effect on you;
(c) we must use the amendment to bring the GTC into compliance with applicable law, in particular if the applicable legal situation changes;
(d) we are required to comply with a court judgment or administrative order against us in making the change; or
(e) we introduce additional, new services, services or service elements with the change, which require a service description or regulation in the GTC, unless the previous contractual relationship is adversely changed as a result.
We will notify you of such a change by e-mail at least three weeks before it takes effect, insofar as this is legally and factually possible. You have the option to object to such a change in text form, for example by e-mail. If you do not object, the change will become effective and binding at the respective time. We will point this out to you in the notification of the change.
For all other changes to these terms and conditions, we will ask for your consent. If you do not give us your consent, the contractual relationship will be continued under the original conditions, in which case we reserve the right of ordinary termination.
Irrespective of the above provisions on amendments to these General Terms and Conditions, we may provide for the validity of a newer version of these General Terms and Conditions for new projects in each case when the contract is concluded.
If you are a merchant, a legal entity under public law or a special fund under public law or if you have no usual place of business or residence in the Federal Republic of Germany, the place of jurisdiction for all disputes arising from contractual relationships between you and us shall be our place of business.
These GTC shall remain binding in its remaining parts even if individual points are legally ineffective. Instead of the ineffective points, the legal regulations, if any, shall apply. Insofar as this would represent an unreasonable hardship for one party, however, the agreement on the respective project shall become ineffective as a whole.
Status: 02.06.2022
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