I. Subject of the contract, amendments
1. Subject of the subscription and usage conditions
1.1 The “service-provider” provides a platform (hereafter referred to as “the portal”) at www.testtoolreview.de and www.testtoolreview.com, via which users and properly registered subscribers can place contents such as user experiences, reports or opinions, and contact and communicate with each other. The subscribers can create individual personal profiles, call up contents available on the portal and use the other free or chargeable services currently available on the portal, within the framework of the respective availability. Further information on the services in given in the Description of Services, Item 9.
1.2 The present usage conditions govern the provision of services by the service-provider and the use of these services by you as a duly registered subscriber.
1.3 Information and contact data on the service-provider is available via the link “Imprint” in the footer of the portal.
2. Amendments to the subscription and usage conditions
2.1 The service-provider reserves the right to amend these subscription and usage conditions at any time with effect also within the existing contractual relationships. The service-provider will notify you of such amendments by e-mail at least 30 calendar days before the planned effective date of the amendments. If you do not raise any objection within 30 days from receipt of the notification and to continue the use of the services after expiry of the objection period, the amendments are deemed to be agreed from the end of this period. If you want to make use of your right to objection, which still exists for these changes, we were foreced to terminate the usage relationshipt to the earlierst possible date. The service-provider will inform you of your right of objection and the consequences in the notification.
2.2 In the event of changes to the sales tax for any chargeable services, the service-provider is entitled to adjust the payment for the relevant services in accordance with such changes, without the above right of objection.
II. Subscription registration, use of access data, subscription termination
3. Registration authorisation
3.1 You can also call up individual contents of the website without registration. The full use of the services available on the portal however requires your registration as a subscriber. There is no entitlement to subscription. The service-provider is entitled to reject subscription applications without stating reasons, although not arbitrarily.
3.2 Registration is only open to persons who are of legal age and legally competent. Registration is prohibited to minors. In the case of a legal entity, registration must be carried out by a legally competent, natural person with representative authority.
4. Your registration at the portal
4.1 Registration at the portal is free of charge.
4.2 The contact data and other information requested by the service-provider during the registration process must be specified correctly and in full. When registering a legal entity, the authorised natural person must also be specified.
4.3 Following the provision of all requested data, the data will be checked by the service-provider for completeness and plausibility. If in the opinion of the service-provider the information is correct and there are no further reservations, the service-provider will notify you accordingly by e-mail. This e-mail applies as acceptance of your subscription application. From the receipt of the e-mail, you are entitled to use the portal in accordance with these subscription and usage conditions. You must however confirm the enablement of your access to the website by clicking on the link contained in the e-mail.
5. Right of revocation
The following conditions apply for members whose use of the website does not constitute a commercial or independent professional activity in accordance with §13 BGB.
5.1 Right of revocation
You may revoke your contractual declaration within 14 days, without stating reasons in text form (e.g. letter, fax, e-mail) or – if you have been provided with material before the expiry of this period – by returning the material. The period begins following the receipt of this notification in text form, although not before receipt of the goods by the recipient (or in the case of recurrent delivery of similar goods not before receipt of the first part-delivery) and also not before fulfilment of our information obligations in accordance with Article 246 § 2 in conjunction with § 1 Para.1 and 2 EGBGB, and our obligations in accordance with § 312g Para. 1 Sentence 1 BGB in conjunction with Article 246 § 3 EGBGB, and also not before conclusion of the contract. The timely dispatch of the revocation or the material is sufficient for observation of the revocation period. Notice of revocation must be directed to the address of the service-provider specified in the “Imprint”.
5.2 Consequences of revocation
In the event of valid revocation, the mutual services received must be returned, together with any benefit received (e.g. interest). If the services and benefits received (e.g. usage advantages) cannot be returned at all, or only partially, or only in a deteriorated condition, you must provide us with compensation to the relevant value. This may mean that you must also fulfil the contractual payment obligations for the period up to the time of revocation. For the deterioration of the goods or benefits received, you must only provide compensation if the usage or deterioration of the goods is attributable to handling of the goods above and beyond the extent required for the checking of the properties and correct operation. “Checking of the properties and correct operation” means the testing of the relevant goods as might be possible and usual at the retail outlet level.
5.3 Special instructions
Your right of revocation expires prematurely if the contract is completely fulfilled by both parties at your explicit request, before you have exercised your right of revocation.
End of the revocation instruction
6. Responsibility for the access data
6.1 In the course of the registration procedure, you will be requested to specify a user name and a password. You can then log on to the portal with this data following enablement of your access and your confirmation. It is your responsibility to ensure that the user name does not infringe the rights of third parties, in particular name or brand rights, and does not contravene good manners.
6.2 You must keep the access date and your password secret, and not disclose them to unauthorised third parties. Employees of the service-provider will never ask you for your password.
6.3 You are also responsible for ensuring that your access to the portal and the use of the services available on the portal is restricted only to yourself or other persons authorised by you. If you suspect that unauthorised third parties have or might gain knowledge of your access data, you are obliged to change your password immediately, or notify the service-provider to this effect immediately.
You are responsible under legal regulations for any usage or other activity which is carried out using your access data.
7. Updating of subscriber data
You are obliged to keep your data (including your contact data) up-to-date. If a change occurs to the specified data during the period of your subscription, you must correct the information immediately on the portal in your personal settings. If you are unable to do so, please provide us with the changed data immediately by e-mail or telefax.
8. Termination of subscription
8.1 The participant and the service provider may cancel the access to the portal may at any time by the participant unsubscribing to the participation in the portal (via email, fax or mail) or the service provider informing the participant of the termination by email.
8.2 The contractual relationship ends with termination, and you may not and cannot make further use of your access. The service-provider reserves the right to disable the user name and password when termination comes into effect.
8.3 The service-provider is entitled, upon expiration of 30 calendar days after termination, and after any statutory retention periods, to irretrievably delete all of the data created during your subscription period.
III. Services and contents on the portal
9. Range and availability o f services
9.1 The service-provider offers various information and other services on the portal for a limited usage time. Such services may consist for example of the provision of data, articles, video and audio documents, information and other contents (hereafter referred to jointly as “Contents”), the facility of creating individual profiles and making contact with other subscribers by the posting of personal messages.
The content and scope of the services are determined by the functionality currently available on the portal.
Only free-of-charge services are available to you on the portal at the moment. If we decide to offer certain services or functions only on a chargeable basis, chargeable services / functionalities will be designated as such. The conditions for using such services are given under Item 13.
9.2 The services available on the portal may also include services of third parties, to which the service-provider simply provides access. For the use of such services – which are designated as services of third parties – different or additional conditions may apply from those specified in these subscription and usage conditions.
9.3 For all chargeable services (including those which are available within the basic access), the service-provider guarantees an average monthly availability of 99% within his area of responsibility. The regular maintenance windows of the web portal, which are on Saturdays, are not included in the availability calculation.
Otherwise the entitlement to use the services available on the portal exists only within the technical and operational capabilities of the service-provider. The service-provider will make every effort to ensure uninterrupted usability of its services. Temporary restrictions or interruptions may however occur due to technical faults (such as interruption of power supply, hardware and software errors, technical problems in the data lines).
10. Amendment of services
The service-provider is entitled at any time to amend services provided free-of-charge on the portal, to provide new services free-of-charge or on a chargeable basis and to discontinue the provision of free-of-charge services or the portal itself. The service-provider will in this case take into account your justified interests.
11. Protection of contents, responsibility for the contents of third parties
11.1 The contents available on the portal are generally protected by copyright or other proprietary rights and remain the property of the service-provider, other subscribers or third parties who have provided the relevant contents. The collation of the contents as such is protected as a database or database work in the sense of §§ 4 Para. 2, 87a Para. 1 UrhG. You may use the contents only in accordance with these subscription and usage conditions and within the scope specified on the portal.
11.2 The contents available on the portal originate partly from the service-provider and partly from other subscribers or third parties. Contents of subscribers and other third parties are hereafter jointly referred to as “Third-party contents”. All contents on the portal which are designated by a user name are third-party contents. All other contents are those of the service-provider. The service-provider does not carry out any check for completeness, accuracy or legality with regard to third-party contents, and therefore assumes no responsibility or guarantee for the completeness, accuracy, legality and currency of third-party contents. This also applies with regard to the quality of third-party contents and their suitability for a particular purpose, and also with regard to third-party contents on linked external websites.
IV. Use of the services on the portal by the subscriber
12. Scope of permitted use, monitoring of usage activities
12.1 Your usage authorisation is limited to access to the portal, and the use of the services available on the portal within the framework of the provisions of these subscription and usage conditions.
12.2 You yourself are responsible for the creation of the technical conditions required in your area of responsibility for the contractual use of the services. The service-provider is not required to provide you with any advice or service in this respect.
12.3 The service-provider points out that your usage activities may be monitored to the extent permitted by law. This may also include the logging of IP connection data and data transfer records and their evaluations in case of a concrete suspicion of a breach of the present subscription and usage conditions and/or a concrete suspicion of the existence of any other illegal act or offence.
13. Use of chargeable services
13.1 The service-provider reserves the right in future to offer individual contents and/or individual services also on a chargeable basis. Chargeable contents/services are expressly designated and will only be enabled for you and charged following your express confirmation.
If the use of a service (including the retrieval of content) is subject to a charge, you will be notified online, prior to the opening of access to the respective service, of the costs which will be incurred, the payment terms and any other relevant details. Only then will you be able to make use of the relevant service by clicking on the corresponding button “Order now at a charge”.
Please note: By clicking on the corresponding button you declare bindingly that you wish to make use of the respective service. You thereby bindingly accept our offer for the provision of the chargeable service, and a further contractual relationship is established. The present subscription and usage conditions also apply to this contractual relationship, together with possible further conditions, of which you will be notified by the service-provider before you make use of the service.
If you do not want to make use of the chargeable service, you may return to the free-of-charge services by clicking on the corresponding button or the “back” button of your browser.
13.2 Please also note: You initiate the provision of the chargeable service immediately by clicking on the corresponding button. Since the use of the service cannot then be cancelled, and the return of any contents cannot be ensured in such a way that it will be impossible for you to make use of the contents following return, you have no right of revocation with regard to the use of chargeable services.
13.3 All specified charges include VAT at the applicable rate.
14. Creation of user profiles
14.1 Where available as a function on the portal, you can design and create your own individual user profile to your own requirements and in accordance with the present usage conditions.
14.2 The service-provider does not as a rule check the identity of the owner of the profile and the information contained in the profiles. The service-provider therefore offers no guarantee that for each profile owner, the information refers to the actual person who the respective profile owner claims to be.
15. Insertion of own contents on the portal
15.1 Where available as a function on the portal, you may insert contents onto the portal in accordance with the following provisions, and thereby make them available to third parties.
15.2 By inserting such contents, you grant the service-provider the temporally and geographically unlimited, free and transferable usage right to the relevant contents, in particular
to the saving of the contents on the server of the service-provider, and their publication, in particular their public availability (e.g. by display of the contents on the portal),
to processing and reproduction, as far as this is required for the provision or publication of the relevant contents,
to translation into English and possibly other languages, in order to publish the contents on the portal in the languages concerned,
to the granting of usage rights – including for a charge – to third parties to your contents in accordance with § 15.
If you remove the contents posted by you from the portal again, this cancels the above usage and exploitation right granted to us. We are however still entitled to keep copies for backup and/or verification purposes. The usage rights granted to subscribers to contents posted by you also remain unaffected.
15.3 You are fully responsible for the contents posted by you. The service-provider does not check the contents for completeness, accuracy, legality, currency, quality or suitability for a particular purpose.
You therefore declare and guarantee to the service-provider that you are the sole holder of all rights to the contents posted by you on the portal, or are otherwise entitled (e.g. by valid permission of the holder of the rights) to post the contents on the portal and to grant the usage and exploitation rights in accordance with the above Paragraph (2).
15.4 The service-provider reserves the right to refuse the posting of contents and/or to edit, block or remove contents already posted (including private messages and guest-book entries) without prior notice, if the posting of the contents by the subscriber or the contents themselves have lead to an infringement of Item 17, or if there are justified reasons for believing that this will result in a serious infringement of Item 17. The service-provider will however take your justified interests into account, and select the mildest means of averting the infringement of Item 17.
16. Usage right to the contents available on the portal
16.1 Unless a further form of use is expressly permitted in these subscription and usage conditions or on the portal, or is enabled on the portal by a corresponding function (e.g. download button),
you may call up and display the contents available on the portal exclusively for personal purposes. This usage right is limited to the duration of your contractual subscription to the portal;
you are prohibited from editing the contents available on the portal, changing or translating them, presenting or publishing them, exhibiting, reproducing or distributing them, in whole or in part. You are also prohibited from removing or changing copyright references, logos and other trademarks or references to proprietary rights.
16.2 You are only entitled to download or print out contents if such a possibility to download or print out is available as a function on the portal (e.g. by means of a download button).
You receive a temporally unlimited and non-exclusive usage right to make use of the contents properly downloaded or printed out by you for personal, non-commercial purposes. In the case of contents which have been provided to you at a charge in the course of your membership, a further requirement for the granting of this right is the full payment for the respective contents. Otherwise, all rights to the contents remain the property of the original rights holder (the service-provider or the relevant third party).
16.4 Your mandatory, statutory rights (including the reproduction for private and other personal use in accordance with § 53 UrhG) remain unaffected.
17. Prohibited activities
17.1 The services available on the portal are intended solely for non-commercial use by the subscribers. Any form of use for or in connection with any commercial purposes is prohibited, unless such form of use has been allowed to you expressly and in writing by the service-provider in advance. Prohibited commercial use includes in particular
all offers of chargeable contents, services and/or products, either by you or by third parties,
all offers, advertisements and conduct of activities with a commercial background, such as competitions, lotteries, barter transactions, inserts or pyramid schemes, and
any electronic or other collection of identity and/or contact data (including e-mail addresses) of members (e.g. for the sending of unsolicited e-mails).
17.2 You are prohibited from all activities on or in connection with the portal which infringe applicable law, the rights of third parties or the principles of the protection of minors. The following actions in particular are prohibited:
the posting, distribution, offering or advertising of contents, services and/or products which are pornographic, against the laws for the protection of minors, against data protection and/or other laws, or of a fraudulent nature;
the use of contents which is insulting or defamatory to other subscribers or third parties;
the use, provision or distribution of contents, services and/or products which are legally protected or are subject to the rights of third parties (e.g. copyright), without being expressly entitled to do so.
17.3 In addition, and irrespective of any possible legal infringement in the posting of own contents on the portal and in the communication with other subscribers (e.g. by the sending of personal messages, participation in discussion forums or the writing of commentaries, blog entries or similar), the following activities are prohibited:
the distribution of viruses, “Trojan horse” and other and other harmful files;
the sending of junk- or spam-mails and chain letters;
the distribution of suggestive, offensive, sexually explicit, obscene, or defamatory contents or communication of such contents or communication which is suitable to promote or support racism, fanaticism, hatred, physical violence or illegal activities (explicit or implicit);
the harassment of other subscribers, e.g. through repeated personal contact without or contrary to the response of the other subscriber, and the promotion or support of such harassment;
the requesting of other subscribers to disclose passwords or personal information for commercial or unlawful or illegal purposes;
the distribution and/or public reproduction of contents available on the portal, unless this has been expressly allowed by the respective copyright holder, or is expressly provided as a function on the portal.
17.4 You are also prohibited from any action which is suitable to interfere with the smooth operation of the portal, and in particular overloading the systems of the service-provider.
17.5 If you become aware of any illegal, abusive, non-contractual or otherwise unauthorised use of the portal, please refer to the e-mail address of the service-provider given in the Imprint. The service-provider will then check the matter and if necessary institute appropriate steps.
17.6 In case of the suspicion of illegal or criminal acts, the service-provider is entitled and also in some cases obliged to check your activities, and if necessary institute suitable legal measures. This may also include the reporting of the matter to the Public Prosecutor.
18. Blocking of access
18.1 The service-provider may block your access to the portal temporarily or permanently, if concrete suspicions exist that you are infringing or have infringed these subscription and usage conditions and/or applicable law, or if the service-provider has another justified interest in blocking your access. In the decision on blocking your access, the service-provider will take appropriate account of your justified interests.
18.2 In the event of temporary or permanent blocking, the service-provider will block your access authorisation, and notify you accordingly by e-mail.
18.3 In the event of temporary blocking, the service-provider will reactivate your access authorisation following the blocking time, and notify you accordingly by e-mail. A permanently blocked access authorisation cannot be restored. Permanently blocked persons are permanently excluded from subscribing to the portal and may not register again on the portal.
19. Processing of your personal data
It is part of the quality claims of the service-provider that the personal data of subscribers (these data are referred to below as “personal data”) will be handled responsibly. The personal data resulting from your registration on the portal, and from the use of the available services, will be collected, saved and processed by the service-provider only in accordance with the applicable data protection declaration (called up via the link “Data protection declaration” in the footer of the portal). This will be done only to the extent required for the contractual provision of services and allowed by legal regulations, or as required by legislation. The service-provider will handle your personal data confidentially and in accordance with the stipulations of applicable data protection laws, and will not disclose it without authorisation to third parties.
(2) The service-provider will further use your personal data only to the extent expressly permitted by you. You can revoke such permission at any time.
(3) If you publish articles or contents on the platform, all such publications will be designated by the system with your user name, date and a reference to your user profile. This information is then on the platform and may be generally available by means of other search engines.
20. Liability restriction
20.1 Liability restriction for free services
If you incur any damages due to the use services provided free on the portal (including the downloading of free contents), the service-provider is liable only if the damages were caused through the contractual use of the free contents and/or services, and only in the event of deliberate (including malicious) and gross negligence on the part of the service-provider.
20.2 Liability restriction for chargeable services
In the course of the use of chargeable services (including the downloading of chargeable contents) by you, the service-provider is liable in accordance with the following stipulations:
The service-provider is liable without restriction for damages caused due to deliberate or gross negligence on he part of the service-provider or its legal representatives, senior employees or simple agents.
The service-provider is not liable in cases of only slightly negligent infringement of insignificant contractual obligations. Otherwise the liability of the service-provider for damages caused due to minor negligence is restricted to such damages which may typically be expected in the context of the relevant contractual relationship (foreseeable damages typical of such contracts). This also applies in the event of minor negligent infringement of obligations on the part of the legal representatives, senior employees or simple agents of the service-provider.
20.3 The above liability restriction does not apply in cases of malicious intent, physical injury or personal damages, the infringement of guarantees or for claims under product liability regulations.
V. Other conditions
§ 21 Written form requirement
Unless expressly specified otherwise in these subscription and usage conditions, all declarations made in the course of subscription to the portal must be given in written form or by e-mail. The e-mail address and the postal address of the service-provider are given in the Imprint. The contact data may be subject to amendment. In the event of such amendment, the service-provider will update the Imprint.
§ 22 Severability clause
If any stipulations of these subscription and usage conditions prove to be or become invalid, this shall not affect the legal validity of the remaining stipulations. In place of the invalid stipulation, a valid stipulation will be deemed to be agreed which most closely approximates the desired commercial intent of the parties.
§ 23 Applicable law
These subscription and usage conditions are subject to the law of the Federal Republic of Germany, and to the exclusion of UN purchasing law (Convention on the International Sale of Goods, CISG).
§ 24 Place of jurisdiction
Sole place of jurisdiction for all disputes arising from these subscription and usage conditions is the head office of the service-provider, insofar as the customer is a commercial entity or an authority.