10START GmbH (subsequently named: ‘10START’) performs its services based on the following general terms and conditions. By using the services offered by 10START, the user agrees to adhere to these terms and conditions. 10START is entitled to make changes or improvements to the terms and conditions at any time with immediate effect. If the user accesses third parties through the services of 10START, the use of a third party service may be subject to the terms and conditions of the relevant third party.
The user can set and/or send to a third party and/or request web services and contents of the user or of a third party (subsequently named: ‘contents’) with the help of the services offered by 10START. On this occasion the contents are held on the 10START server. 10START is entitled to expand, limit or change the services from 10START anytime and in any way, particularly to adjust the services to the current state of technology or the relevant legal requirements.
Only those who are legally competent or are authorized by their legal representative, are allowed to use the services of 10START. Furthermore the user commits to refrain from any actions which could affect the functionality or the services of 10START. It is not allowed to resell the customer inquiries form by 10START.
The online or downloadable content of 10START’s services do not involve content belonging to 10START. 10START is merely the mediator of this content. 10START does not have any impact on this content and is not obligated to control the accuracy, integrity and/or the legality of the content. Editorial reviews will only occur randomly.
The user is solely responsible for the stored, published and transmitted contents with the services from 10START. The user commits to make sure that these contents don't offend the legal requirements, the rights of a third party (such as laws relating to the use of the name, personal rights, copyrights or data protection rights.) Particularly, the user undertakes not to publish any content of a violent, pornographic, discriminatory, racist or offensive nature when using the services of 10START.
The user has to reimburse 10START for any possible direct and/or indirect damages to 10START because of the non-compliance of any of the before mentioned requirements for the insertion of contents with the services from 10START. Furthermore in case of suspicion or of established non-compliance against these terms and conditions, 10START is entitled to withhold access to the system to any user, immediately and without giving reasons. The user's claim to any of the mentioned actions however won't be justified because of this.
10START can't guarantee that the services provided by 10START meet the users requirements and/or that the services are always available uninterrupted and error-free. 10START expressly disclaims all liability for the contents inserted by the users and/or third parties with the services of 10START. The same applies for all the services from third parties accessed in connection with the use of the services of 10START.
Furthermore, 10START is only liable for damages caused by the deliberate or grossly negligent conduct of 10START. 10START shall be liable for negligence only if the violation results from a breach in contractual obligations and only to the extent of the typically predictable damage. All of the above limitations of liability shall apply in favor of the legal representatives and/or the vicarious agents of 10START. The liability from 10START regarding damages under product liability law, damages due to the injury of life, the body or health as well as in case of other mandatory regulations shall be unaffected by the above limitations of liability.
The user releases 10START from all claims of third parties which result from the users violation of these terms and conditions.
Any personal data of the user raised from 10START within the use of the services of 10START are used by 10START in compliance with applicable legal and regulatory requirements of data protection.
The user agrees that 10START is entitled to collect, process, and utilize the users information and related data if this is required for the recognition, limitation and removal of defects and errors in the server installations as well as for infringements of these terms and conditions.
10 START may transmit the necessary accounting information of the user to other service providers and third parties, as far as it is required for the determination of fees or necessary for the completion of an invoice.
10START won't process, use or transfer personal data of the user without the user's express consent. 10START grants the user information free of charge and promptly on stored data that concerns that person in accordance with the applicable requirements of data protection.
The law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods shall apply to all legal relations between the user and 10START. Jurisdiction for all arising conflicts between the user and 10START, as far as legally permissible, is Berlin, Germany.
If individual provisions of these general terms and conditions are or become invalid or incomplete, the contract as a whole and the other stipulations in these terms and conditions shall remain in effect. The invalid or incomplete rule will be replaced or completed by a valid one which comes closest to the economically intended result of the user and 10START.