§ 1 Preamble
gayScout authorizes use of the directory gayScout.com under the terms and conditions laid down in the following. Other conditions do not apply. Our standard business conditions apply to registration of entry.
§ 2 Usage
gayScout serves the purpose of finding address data and further information that natural or legal persons or business partnerships have given into the public domain. Use is free of charge and authorized exclusively for this purpose. Any other use of gayScout, in particular any use for a commercial purpose, is prohibited. Non-commercial use or processing of data acquired through gayScout is authorized only insofar as this use complies with data protection laws, in particular the Bundesdatenschutzgesetz (Federal Data Protection Act). The downloading of address data is prohibited. gayScout draws particular attention to copyright, brand and trade mark protection of all entries on the website.
§ 3 Liability
1. gayScout accepts no liability for the contents of web visitor cards. gayScout offers no guarantee for the accuracy, validity or completeness of information.
2. gayScout does not guarantee access to the website.
3. gayScout pays compensation for damages, for whatever reason, only to the following extent: For deliberate acts, in full; in cases of gross negligence to the extent that damage was typical and foreseeable at the time of conclusion of contract. These limits to liability do not apply in cases of injury to or loss of life, health or wellbeing nor do they apply to cases falling under the Produkthaftungsgesetz (Product Liability Act).
§ 4 Miscellaneous
The laws of the Federal Republic of Germany apply. Place of performance and jurisdiction is Berlin.
General Business Terms and Conditions for Advertising and Entries on gayScout.com.
§ 1 Preamble
1. gayScout (hereinafter referred to as "we") will register your entry in our internet directory gayScout.com exclusively on the basis of the following General Business Terms and Conditions (hereinafter referred to as GBTC) and accepts your application for publication accordingly.
2. All statements from trade representatives or intermediaries and their general terms of business are hereby rejected from the terms of contract unless otherwise agreed in writing.
3. You hereby agree to allow the transfer of the contractual relationship to a company affiliated under § 15 et sqq Aktiengesetz.
§ 2 Changes and Modification of our General Business Terms and Conditions
1. We reserve the right to alter or amend these GBTC at any time subsequent to an appropriate notice period.
2. Failure to respond within four weeks after electronic notification of the alterations or amendments will result in the new terms taking effect. Should objection be made before the expiry of the fourth week, the contract will continue in its previous form. In this case we reserve the right to terminate the contract at the next available opportunity.
3. Should such alterations and amendments be prescribed by law, no corresponding right to notification nor of objection is founded. Alterations and amendments which result on the basis of such compulsory legal provisions do not found an action for damages.
§ 3 Our Service
1. We deposit the information you provide on our server for public access. We are not responsible for the data provided. This applies in particular to contents, form, accuracy and completeness of data.
2. In the case that any address found on our database is incorrect, a right to immediate correction is granted.
3. We reserve the right to evaluate your data.
4. We hold data in accordance with data protection regulations. Any use of data made by gayScout will occur strictly within the limits set down by law. We do not allow the downloading of address data. Although every effort is made to ensure correct usage of your data by visitors to gayScout.com, we are ultimately not able to influence final use of the data you provide by other users.
§ 4 Your Registration/Cancellation
1. A contract for the publication of your entry is closed on the submission of your completed application form (via internet, e-mail, fax, letter) and receipt of confirmation (via internet, e-mail, fax, letter). The application form must be completed truthfully and in full.
2. The contract is effective, as far as not otherwise stated, for an unlimited time period. In the case of sales promotions where no minimum contract period is stipulated, any thus ensuing contract may be terminated up to four weeks before expiry of the corresponding billing period. The termination may follow by e-mail to gayguide [at] gayscout . com. The right of termination for compelling reasons remains intact.
§ 5 Conditions of Payment
1. The price list in force at the time of conclusion of contract applies. The price list may be found in the appropriate form on our website. Payments for entries subject to publication fees are to be made in advance and are due as from the start of the agreed payment period.
2. All fees are net amounts without VAT.
3. Payments may be made either by credit card or by bank transfer or by direct debit from any valid bank account.
4. The withholding or offset of payment is permitted only in cases of undisputed claims or legally binding decisions arising from the same legal relationship.
5. In cases of default of payment we reserve the right to deny access to your data. The obligation of payment and statutory claims for damages for delayed payment remain intact.
§ 6 Your Obligations
1. You hereby state that you are legally entitled to pass on and to disseminate the data you have supplied and undertake to respect all data protection regulations.
2. Sie sind für Inhalt, Richtigkeit, Aktualität, Gestaltung und Vollständigkeit der von Ihnen gelieferten Daten verantwortlich. Sie versichern ausdrücklich, dass diese Daten mit dem geltenden Recht vereinbar sind. Insofern stellen Sie uns von allen Nachteilen frei, die uns durch von Ihnen begangene Rechtsverletzungen entstehen.
2. You are responsible for contents, accuracy, validity, form and completeness of the data you supplied. You explicitly state hereby, that the data are compatible with valid law. You undertake to indemnify us for any disadvantage arising from any prior legal infringement.
3. You hereby undertake to notify us immediately in case of identifiable defects or risks (e.g. viruses) and to bring any possible misuse by third parties to our attention. You hereby undertake to make all reasonable effort to determine, limit and document these defects and risks.
§ 7 Suspension of Entry
We are entitled to suspend access to all contents, data and links to websites on determination of any breach of competition regulations, criminal law, copyright protection or other legal provision. This applies in particular to any information supplied on unlawful pornographic material, illegal sale of medication, drugs or weapons and all other unlawful activity. Even in the case of caution from competition authorities, we reserve the right to immediately suspend the account. In all such cases we are further entitled to termination of the contract without notice.
§ 8 Maintenance
We are entitled to carry out maintenance work on servers and databases etc. Any disruption of access to the database will be kept to a minimum. No right to reduction of payment, termination of contract or claim for damages arise.
§ 9 Warranty/Liability
1. We make every possible effort to ensure access to data on our server 24h per day, 7 days per week. This warranty does not cover insignificant or short periods of disturbance to the gayScout.com service nor access to individual entries.
2. For access restrictions resulting from forces majeures or any other circumstance external to our field of influence all liability is excluded.
3. We reserve the right to make any changes to our website or to any part of it as we see fit without prior notice, provided your particular entry is not effected.
4. Timely notification is required for the elimination of defects and disturbances. All claims for defects must be laid down in writing within 2 weeks of knowledge or possible knowledge of the defect otherwise all claims shall be forfeited.
5. Fulfilment follows primarily by way of elimination of defect. In the case that all attempts to eliminate the defect fail, you have the right to reduce payment or to terminate the contract.
6. We accept unlimited liability for damage resulting from injury to or loss of life, health or wellbeing and in the case of damage to property will reimburse expenses incurred for the restoration of damage up to the amount of remuneration paid to us in the corresponding calendar year. The amount of damages does not take into account expenses incurred for the recovery of lost data. Further claims for damages and compensation, for whatever reason, are excluded. This does not apply insofar as liability is prescribed by law, e.g. in accordance with the Produkthaftungsgesetz (Product Liability Act) or for deliberate acts or acts of gross negligence or in cases of injury to or loss of life, health or wellbeing or in breach of a condition going to the root a the contract. Damages in the cases of breach of a condition going ot the root of a contract are limited to the extent that the damage is foreseeable for the type of contract in question insofar as the damage does not result for a deliberate act or on gross negligence.
§ 10 Miscellaneous
1. In the case that any term of this contract be void or being avoided, all remaining terms remain valid. The parties agree to replace the void term with a valid term in keeping with the economic purpose of the contract. This also applies in the case that the contract is fragmentary or inexecutable.
2. This contract is governed by the laws of the Federal Republic of Germany. Place of performance and of jurisdiction is Berlin
Date: August 2005