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BoatNet Internet Marketing GmbH
§ 1 Scope of services
BoatNet facilitates access to international data networks and their services. BoatNet reserves the right to extend, modify and improve its services. BoatNet is also entitled to reduce its services. All orders received by us are stored by us in accordance with the data protection act and only disclosed to third parties with the express consent of the customer. Boat Net reserves the right to make alterations to the programme title, particularly those necessitated for legal reasons. The contents of an entry correspond to the information provided by the customer in the relevant pages of the database provided. Where BoatNet provides services free of charge, these can be discontinued at any time without prior notice or subsequent recourse to claims for reduction, refund or damages. We can only process alterations and expansions to entries when these are submitted to us in the regular publication cycle. After the copy deadline, orders received are automatically adopted in the next publication cycle. BoatNet reserves the right to guarantee select companies a free entry for promotional purposes, without this affecting the entry costs for other customers. A reduction of waiver of entry fees is only possible after written consent from BoatNet. Should the entry be cancelled by the customer within the desired publication cycle, the customer can be invoiced for a new item entry subject to an according additional agreement.
§ 2 Liability and obligations of the customer
The customer is liable for all consequences and losses incurred by BoatNet and third parties as a result of improper or illegal use of BoatNet or the customer not fulfilling his/her other obligations. All passwords issued by BoatNet are to be kept confidential. A new password shall be applied for immediately if it is suspected that unauthorised third parties have acquired knowledge of the existing password. Each customer declares his/her express agreement that all data published on BoatNet, may also be used by BoatNet on CD-ROMs, self-determined online services and printed items. If a customer only wishes for his information to be placed on BoatNet-Online, this can only be respected if the customer gives written notice of such exclusivity. Otherwise, the information will be automatic published - at the discretion of BoatNet. There is no entitlement to additional publication of the entries in non-online media. Alterations to information in non-online media must be made by the copy deadline. Costs for alterations made by BoatNet (or contracted companies) shall be invoiced separately.
The customer is also liable for claims from third parties resulting from unjustified offers published by the customer, for which there is no order or consent from the proprietor. This also includes offers from third parties made available for co-operation.
§ 3 Limitation of liability
Claims for damages as a result of non-performance of the service, positive violation of contractual duties, default on completion of the contract and tort are excluded against BoatNet as well as their auxiliary and vicarious agents, provided that there is no case for wilful or gross negligence. This also applies if third parties lodge a claim against the content of the entry, particularly with regard to copyright and competition law. All other claims for damages are also excluded. If we are obliged to pay compensation, this shall be limited to the re-entry of the customer data for the applicable publication cycle. The cycle can be adjusted to the wishes of the customer. A publication cycle can be selected as follows, from a monthly / half-yearly and annual publication. BoatNet accepts no liability for the information provided via its services, and for neither their completeness, accuracy or up-to-dateness, nor for the fact that they are free from the rights of third parties or that the customer is acting illegally in transmitting the information. Further compensation for damages is only guaranteed when the customer can provide relevant proof of such damages. Claims due to non-contractual fulfilment of the entry must be notified to us immediately, or within one week at the latest, in writing. After the expiry of this period, the customer can only lodge a claim if s/he was prevented from adhering to the notice period independent of negligence. The customer is solely responsible for the content of the entry in its entirety. We accept no liability for defaults in relation to services rendered by the customer to a user, who contracts the customer as a result of the data stored and published by us. For business transactions, the general terms and conditions of the partner are binding. We can accept no liability for these. Verbal additional agreements to this contract are not permitted. Amendments or extensions to this contract must unconditionally be made in writing.
§ 4 Logos, banners, texts, data sets, images
All content on the pages of BoatNet is regarded as the intellectual property of BoatNet. It may not be reproduced either in part or in whole on internet pages not belonging to BoatNet or in other external media. Reproduction and use in non-BoatNet media of any kind is only permitted with prior written consent of BoatNet.
§ 5 Final provisions
Should one or more provisions of this agreement be or become ineffective, the effectiveness of the remaining contractual provisions remains unaffected. The parties undertake to replace the ineffective provision in such a way that comes as close as possible to the economic content of the ineffective provision. For agreements with full merchants the place of fulfilment and jurisdiction including actions on cheques and bills is agreed as Hamburg, with the provision that we are also entitled to sue in the location of the registered office or branch of a company. Otherwise, the legal place of jurisdiction applies.