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» SuperCars − General terms and conditions
  1. Scope

    The usage of SuperCars services offered on the web page www.supercars.de is based on the following terms and conditions of SuperCars Media GmbH, Rosenthaler Straße 36, 10178 Berlin (hereinafter called "SuperCars"). By registering at SuperCars and by using the services offered the user declares to use the SuperCars services in accordance with the applicable law and the general terms and conditions given.


  2. Terms of registration

    Some SuperCars services ("extended services") can only be used after the user has registered as a member. Everyone who fills in the registration form completely and truthfully ("registration data") is entitled to become a member. The registered user ("member") undertakes to keep the registration data updated. The registration is free of charge. After having registered, the member will receive an e-mail with his/her personal activation code. Without this activation code the member will not be able to log in.

    The member undertakes to keep the passwords he/she has received from SuperCars to access the extended services strictly secret and to immediately inform SuperCars as soon as he/she learns that unauthorised third parties know the password. If, attributable to a fault of the member, third parties use any services of SuperCars by means of a member´s password the member will be held liable by SuperCars to pay a compensation fee and damages to SuperCars. This applies also if third parties take advantage of services granted to the member free of charge. In this case the member is liable to pay a reasonable amount of compensation and damages to SuperCars.


  3. Remuneration

    1. All SuperCars services are free of charge for the member.

    2. If a member gets to third services with costs (e.g. services by ebay) via the web page of SuperCars, this does not establish any contractual relations between the member and SuperCars. The contract is concluded directly with the third party. This applies equally if goods or services of a third party (e.g. via e-bay) are offered via the web page of SuperCars.


  4. Copyright

    The content (e.g. graphics, audio doucuments, video sequences and texts) of the web pages of SuperCars is protected by copyright. Members are authorised to download and use the material protected by copyright and made available by SuperCars itself or by third parties for private use only and only within the scope of the applicable statutory provisions and the general terms and conditions given. Members are not permitted to duplicate or use the content of the web page of SuperCars in excess of the scope described above.


  5. Exclusion of Warranty/Limitation on Liability

    1. The members use the SuperCars services at their own risk. The contents, the information and the data provided by SuperCars on the web pages are exclusively for the purpose of information and the member cannot rely on the fact that the provided information is always updated, correct and complete or on the information´s quality. In this regard SuperCars does not give any warranty and does not assume liability whatsoever.

    2. Furthermore SuperCars does not assume liability for the uninterrupted and error-free availability at all times of the SuperCars services. For the rest SuperCars is liable as specified under figure 5.3 and 5.4.

    3. SuperCars is fully liable (i) for damages resulting from the violation of life, personal injury or injury to health caused by a negligent or intentional breach of duty by SuperCars and (ii) for intent and gross negligence of their legal representatives and their executive personnel. In the event of slightly negligent infringements of essential contractual duties, SuperCars is liable only for reasonably foreseeable damage.

    4. SuperCars is not liable for the infringement of contractual duties that are not essential caused by slight negligence. SuperCars does not assume liability for consequential damages as for example lost profit or any other indirect damage.


  6. Data protection

    1. SuperCars respects the users´ and the members´ privacy and follows all applicable statutory provisions concerning data protection.

    2. SuperCars collects, processes and/or uses personal data of members only in accordance with the statutory provisions. Moreover, SuperCars does not process, use or disclose personal data without the express agreement of a member. An agreement given for this purpose in a particular case can be revoked at any time by e-mail (info@supercars.de) or in writing (SuperCars Media GmbH, Rosenthalerstr. 36, 10178 Berlin).

    3. On demand, SuperCars will inform a member immediately and free of charge about the data maintained on him/her or on his/her pseudonym.


  7. Links

    SuperCars or third parties can create on the web pages of SuperCars links pointing to other web pages. SuperCars expressly dissociate itself from the content of these web pages. SuperCars has no means to control the web pages of third parties and is not responsible or liable for the availability or the content of such web pages. This does not apply if SuperCars has actual knowledge of the illegality of the contents.

    If a link pointing to a third party´s web page is located on the web pages of SuperCars and if this third party´s web page publishes illegal contents SuperCars will remove this link immediately at a respective hint.


  8. Termination of Membership

    Both parties can terminate the user´s membership, established by registration, by a four weeks´ notice unless the parties have expressly agreed otherwise. The right to terminate the membership without notice remains unaffected.

    If a member significantly infringes duties arising from this contract SuperCars is entitled to terminate the membership for good cause and without notice.

    In the event of termination SuperCars is entitled to block the member´s access to the extended services and to remove all of the member´s contents from the web pages of SuperCars. Irrespective of and without prejudice to a termination SuperCars is entitled to block the member´s access to the extended services and to remove the member´s content on the web pages of SuperCars if the member has not logged in for more than 6 months.


  9. Change of Services

    SuperCars can act fully at its own discretion in determining what kind and/or in what scope of services it provides on its web pages. SuperCars is entitled to restrict, extend or alter the services in any other way at any time. Above all, SuperCars can particularly adapt the services to the state of technology and to the relevant law in force.


  10. Change of terms and conditions

    SuperCars is entitled to alter or amend the given general terms and conditions by giving a reasonable period´s notice. Notice is given by e-mail and additionally by announcement on the internet on the web pages of SuperCars (http://www.supercars.de). If a member does not object to the altered or amended terms and conditions within a 4-week period or if the member uses the SuperCars services after having received the e-mail the altered or amended terms and conditions become effective. If a member objects within the specified time SuperCars is entitled to terminate the membership on the date on which the altered or amended terms and conditions are intended to become effective. Unless SuperCars has agreed expressly and in writing on their validity, deviating general terms and conditions, general terms and conditions to the contrary or supplementary general terms and conditions are not incorporated in the contract, even if they are known to the parties.


  11. Description and regulation of particular services

    SuperCars offers various services on the internet. The following conditions apply additionally to the use of the particular services.

    1. Infomail

      SuperCars will send to the member an "Infomail" via e-mail, containing, among other things, important technical advice and tips and ploys concerning the SuperCars services. This applies regardless of whether the member has opted for the newsletter or not as the content of the e-mail is not related to the newsletter.

    2. Carbabes

      Only members have unrestricted access to the SuperCars service "Carbabes".

    3. Fora, MyCar and MyBabe

      On its web pages, SuperCars offers exclusively to its members discussion fora at real time and enables them to put online any contents concerning their car and other things ("MyCar") and/or their girlfriend or other women photographed at car exhibitions ("MyBabe").

      1. SuperCars does not control the contents and information traded or displayed by the members in these fora or within the scope of MyCar or MyBabe. SuperCars does not assume liability for the contents and information incorporated in the fora or the contents and information displayed in the scope of MyCar and MyBabe. This does not apply if SuperCars has actual knowledge of the illegality of the contents. SuperCars will immediately remove illegal contents incorporated in the forum by a member at a respective hint.

      2. The members are not permitted to incorporate into the fora contents, information, software or other material that infringes the law or third parties´ rights or that is contrary to public policy (e.g. rights to bear a name, copyrights, data protection). In particular, the member is not allowed to display pornographic contents, contents glorifying violence or contents containing incitement to hatred and violence against segments of the population or publishing insults against them. Furthermore, they are not permitted to appeal for criminal offences or display instructions for criminal offences and are not entitled to offer or let offer services containing pornographic contents.

      3. The member is not permitted to save on one of SuperCars´ data carriers data that, due to its nature or composition (e.g. viruses), size or duplication (e.g. spamming) might be suitable to endanger the continuance and operation of SuperCars´ computer centre or SuperCars´ data network.

      4. The member undertakes to stop his/her action immediately in the event that he or she contravenes any of the above undertakings.

      5. If a member infringes one of the aforementioned prohibitions, SuperCars is entitled to refuse the admission of web pages (MyCar and MyBabe), to remove the pages and the links pointing to it, to block web pages immediately and/or to terminate the membership without notice.

      6. If the member´s web pages (MyCar and MyBabe) or the domain and/or sub-domain reserved by and/or used by the member infringe the above-mentioned prohibitions or third parties´ rights or are contrary to public policy, the member is liable to pay compensation for all damages resulting directly or indirectly hereof including any financial loss. The member indemnifies SuperCars internally from possible claims of third parties resulting hereof.

      7. Supercars does not assume any warranty of the genuine representation of the web pages of the member on the web pages (MyCar and MyBabe). The liability of Supercars for claims for damages complies with figures 5.3 and 5.4.


  12. Concluding provisions

    1. Any modifications, supplements or the partial or total annulment of these general terms and conditions must be made in writing. This applies also to the alteration or the cancellation of this stipulation requiring these terms and conditions to be in writing.

    2. If any of these general terms and conditions are ineffective or ceases to be effective, this does not impair the effectiveness of the remaining provisions. Instead of any ineffective clause applies a substitute provision corresponding to or at least approaching the intention of the agreement as it can be assumed the parties to the contract would have agreed on in order to achieve the same economic result even if they had not known that the provision was ineffective. This also applies in the case that one or more provisions are incomplete.

General terms and conditions of SuperCars Media GmbH, Berlin
Date: 11/2002



 



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