Terms

§ 1 Scope and Changes of these terms and conditions I. These General Terms and Conditions (GTC) govern this between the customer and 123 NEXT GENERATION MARKETING Business Center HEINRICH-BAMMEL-WEG 27 42327 WUPPERTAL Project manager: Bernd Lippa (hereinafter referred to as "123 - GOLD - SURFER") justified contractual relationship as regards the 123 - GOLD - SURFER in connection with the visitor exchange service 123 - GOLD - SURFER.de services offered against payment. II. 123 - GOLD - SURFER reserves the right to change these terms and conditions. Part of the contract becomes the respectively valid version at the time of the conclusion of the contract. III. Deviating terms and conditions of the customer do not apply. They will not apply even if 123 - GOLD - SURFER is not expressly used contradicts.

§ 2 Contract I. By sending an order via the booking form gives the Make a binding offer from 123 - GOLD - SURFER can be accepted within 14 days. 123 - GOLD - SURFER accepts the offer by mail an email with a booking confirmation. With the acceptance becomes a legal Contract concluded, which includes these terms and conditions. II. The customer can cancel the contract within 14 days after the conclusion of the contract revoked in writing or by email at any time without giving reasons (§ 312 d I BGB). The right of withdrawal is excluded as soon as the customer over his account has caused the service (§ 312 d III, 2nd Alt.). III. Insofar as the customer has not yet reached the age of 18, to have received the consent of his parents for the conclusion of the contract.

§ 3 Paid services from 123 - GOLD - SURFER I. After the conclusion of the contract (§ 2) and the settlement of the 123 - GOLD - SURFER provides the customer with an account through which the customer can arrange the booked service. II. The exact services depend on the type of booking. 1. Advertising Account - ( Bannerserview, Textlinkview, Klick4Credits (Forced-klicks), Paidmail, and Webpage insertion) The customer receives the access data after receipt of payment to a sponsor account with a credit in the amount of the booking. Has the customer already has a sponsor account, the new balance will be on the existing account. The customer can enter one or more websites for inclusion in the Surfbar via the Sponsors section. The web pages are controlled by 123 - GOLD - SURFER and released for display only after acceptance by 123 - GOLD - SURFER. After acceptance, 123 - GOLD - SURFER Show the website in the Surfbar. The website will be the same Member shown again after 4 hours at the earliest. 123 - GOLD - SURFER hands over to the customer Number of impressions in the sponsor area a statistic with the number the inserts are separated by days. Second Member account - ( Bannerserview, Textlinkview, Klick4Credits (Forced-klicks), Paidmail, and Webpage insertion) The customer receives the access data after receipt of payment to a member account with a credit in the amount of the booking. If the customer already has a member account, the new balance will be added on the existing account. For the services § 3 II of the member rules applies. The customer is free to use the services according to § 3 I and III of the member rules. The customer agrees to this However, to use the services only if he accepts in addition to these Terms and Conditions the entire membership rules. In this case, the use of the services in addition to this contract for paid services creates an additional contract for the gratuitous Services acc. the member rules.

§ 4 Obligations of the customer I. The customer will truthfully answer the information requested during the online booking and 123 - GOLD - SURFER must promptly disclose any changes to this information. For this announcement the customer is in the sponsor area a corresponding Form available (profile). II. The customer will keep his password and other information a secret allow unauthorized access through his account and change it immediately or 123 - GOLD - SURFER if there is reason to suspect that unauthorized third parties have become aware of this information. III. The customer agrees in the cases of the service booking acc. § 3 II Nos. 1 and 2, only permitted websites (§ 5, 5a, 5b) as a campaign enter and in the cases of the service booking acc. § 3 II No. 1 and 2 only allowed text links (§ 6) VI. The customer is in the cases of a service booking acc. § 3 II Nos. 1 and 2 agree at irregular intervals about Server outages, new features, bug fixes and other news per Email to be informed.

§ 5 Permitted Websites I. Page content - counter German law violating pages are inadmissible, especially those whose content is child pornography, racism, Warez etc. exist. In addition, pages are inadmissible

     
  • whose exclusive content is in the list of banners consists (Pure banner pages). II. Scripts - Up the pages must not be scripts which disturb the normal surf behavior. These include in particular scripts,
       
    • put the current page in the foreground in seconds.  
    • by opening, closing or just lingering open additional windows on the page (popups). For exception, see § 5a.  
    • with the page breaks out of the frame in the surfbar and on the entire pages enlarged (frame breaker).  
    • with on an average machine, a 100% CPU usage caused (for example, through running texts in the status bar). III. Paid home pages, etc. - No member pages of paid home pages, etc. are registered, provided that against the Terms or rules of these providers will be violated. If such violations of 123 - GOLD - SURFER, this will be forwarded by 123 - GOLD - SURFER to the respective provider. IV. The criteria listed in paragraphs I - III are not exhaustive. 123 - GOLD - SURFER expressly reserves the right to reject pages without stating reasons. There is no claim to acceptance of the websites by 123 - GOLD - SURFER.

      § 5a Pages with popup I. In exception to § 5 II pages are also admitted, if when opening, closing or just lingering on the page a (in numbers: 1) opens another window. II. This exception applies only under the restriction that the additional open window meets the requirements of § 5. For this additional window does not apply to the exception of § 5a, So no other windows are allowed to open on this page. III. This exception applies only under the further restriction that the Page in the sponsor area (§ 3 II) is marked accordingly.

      § 5b Pages with erotic banners I. In exception to § 5 I become pages allowed even if there are erotic banners on the pages. II. This exception applies only to the restriction that the erotic banner does not matter the focus of the page and that the banners are FSK 16. III. This exception applies only under the further restriction that the Page in the sponsor area (§ 3 II) is marked accordingly.

      § 6 Permitted Text links I. Linked Site - Sites violating German law are not allowed especially those whose content comes from child pornography, racism, warez etc. exist. In addition, pages are inadmissible

         
      • the Content to focus on erotica and sex (sex and erotic sites). II. Text - The text used for the link may be 25 characters long. He must not raise a false picture of the linked page and no 'offensive' or contain illegal words. III. 123 - GOLD - SURFER expressly reserves the right to use text links even for reasons not to refuse. The customer gets over this informed by email.

        § 7 Violations of the criteria for permitted websites or text links (§ 5, 5a, 5b and § 6) I. Should a page from an advertising account (§ 3 II No. 1) after the acceptance by 123 - GOLD - SURFER be changed so that the page upon renewed submission for acceptance would no longer be accepted stands 123 - GOLD - SURFER the right to block the website until the page again the criteria of § 5 equivalent. As long as the website is locked, the page will not be anymore in the surf bar. If the violation of the criteria in § 5 within 14 days not resolved, then 123 - GOLD - SURFER may campaign break up. Remaining balance for the campaign will be on the Account returned. II. Should a page from a member account (§ 3 II No. 2) after the acceptance by 123 - GOLD - SURFER be changed so that the page upon renewed submission for acceptance would no longer be accepted (rule violation), 123 - GOLD - SURFER is entitled to the website from the account of the customer delete or block the entire account. In addition, you can the customer will be deducted points for the rule violation. III. Should a text link (§ 3 II Nos. 1 and 2) not meet the criteria of § 6 123 - GOLD - SURFER has the right to delete the text link. Remaining balance for the campaign will be returned to the account.

        § 8 Accountability for Content I. The customer is obliged to provide services that he holds for use or to which he gives access to the use, in accordance with § 6 Teledienstegesetz (TDG) or § 6 Media Service State Treaty (MDStV) to be provided with a provider identification. II. 123 - GOLD - SURFER assumes no liability for the content of member pages and sponsor pages. 123 - GOLD - SURFER distances itself from all contents and links of these pages.

        § 9 Privacy I. 123 - GOLD - SURFER and the customer will be the relevant data protection provisions, in particular under the Teleservices Data Protection Act (TDDSG) and the Federal Data Protection Act (BDSG). II. The customer agrees that 123 - GOLD - SURFER his stores personal information electronically. The data will be corresponding the provisions of the Federal Data Protection Act (BDSG) and the Teleservices Data Protection Act (TDDSG). A transfer of the data to third parties does not take place. As a personal Data is information that can be used to identify an identity like name, address or email address.

        § 10 Warranty and liability I. 123 - GOLD - SURFER does not warrant that those mentioned in § 3 Services are always available and error-free. This is especially true as far as the access to these achievements and 123 - GOLD - SURFER.de by disturbances prevents the out of the operating sphere of 123 - GOLD - SURFER lie. 123 - GOLD - SURFER, however, will be subject to interference under § 3 Services immediately in the context of technical and operational options remove. II. 123 - GOLD - SURFER is not liable for damage to property and pecuniary provided by 123 - GOLD - SURFER, a legal representative or vicarious agent simply caused by negligence. III. 123 - GOLD - SURFER reserves the right to discontinue 123 - GOLD - SURFER.de at any time without stating reasons.

        § 11 Deletion of the account I. Does the customer not use the balance in his account within 360 days to start a campaign, the account of 123 - GOLD - SURFER to be deleted. The customer will be informed 14 days before the cancellation informed by email. The 360-day period may be arbitrary at the request of the customer often extended by 123 - GOLD - SURFER. However, there is no entitlement to renewal. II. The customer can at any time without observing a deadline deletion ask for his account. Any credit expires and will not paid. III. With the deletion of the account all are stored Data of the customer deleted !!!

        § 12 Final provisions It the law of the Federal Republic of Germany applies excluding the UN sales law. Should one or more of these clauses to be inadmissible, so concerns this is not the effectiveness of the remaining clauses. As of: 2/2019