This DDOWNLOAD.com.de Service Arrangement (the “Contract”) defines the terms and problems on which DDOWNLOAD.com.de (” we”) supply solutions to you (” User”). By utilizing our services, the Individual agrees to be bound by the following terms:
— We reserve the right to disable straight connecting on customer accounts that are utilizing extreme transmission capacity or otherwise abusing the system.
— Porn, nakedness, sex-related images, and any kind of kind of offending images or video clips are prohibited. Copyrighted products are likewise strictly prohibited. We reserve the right to determine suitable material and can remove photos or videos at any moment without Individual notification.
— Users must accept adhere to all legislation that uses their location, including copyright and hallmark regulations. Images, video clips as well as documents that break copyrights or hallmarks are not enabled. If someone has a violation insurance claim versus you, you will certainly be asked to eliminate the copyrighted data till the issue is settled. If there is a dispute between participants on this website, is under no commitment to come to be entailed.
— is not liable for your images, videos or data, or any type of shed service because of the absence or loss of the internet site. We make no cases of future dependability in serving, organizing, or saving your images, videos or data.
DDOWNLOADS.com.de is dedicated to accepting any as well as all lawful authorities if an examination needs to develop.
1.1 DDOWNLOADS offers its solutions exclusively on the basis of these General Terms, hereinafter referred to as “Ts & Cs”. The provisions had in these Ts & Cs do not make up any type of rights for the benefit of third celebrations.
1.2 DDOWNLOADS gets the right to change the provisions of these Ts & Cs with future impact without the Individual’s prior authorization, offered such amendment is reasonable for the Customer under factor to consider of DDOWNLOADS’s interests. If the Individual makes use of the solution after the amendment day, the User concurs with the amended Ts & Cs.
1.3 The User is obliged to recognize that all civil liberties to DDOWNLOADS’s solution, consisting of industrial residential property civil liberties, are the unique residential or commercial property of DDOWNLOADS. The User is not authorized to exploit or use such legal rights or to remove any references to DDOWNLOADS’s copyrights in any type of event without DDOWNLOADS’s express created authorization.
1.4 These Ts & Cs as well as any kind of arrangements became part of based on these Ts & Cs are controlled by the legislations of zzzzz. The United Nations Convention on Dealings for the International Sale of Product, the guidelines of International Private Regulation, along with any kind of referral to such arrangements and also regulations is left out.
1.5 The location of jurisdiction for any type of disputes developing from or about these Ts & Cs is, to the level allowed by regulation, the particular registered seat of DDOWNLOADS. DDOWNLOADS is, however, qualified to impose judicial orders at the seat of the Customer. This uses additionally, in the event DDOWNLOADS brings actions or damage cases against Customers.
1.6 Need to a stipulation or several provisions of these Ts & Cs be or come to be void or void, in entire or partially, this does not impact the credibility and/or enforceability of the remaining provisions of these Ts & Cs.
2.1 DDOWNLOADS provides its Users access to the solution; DDOWNLOADS is typically accredited to permit only signed-up Individuals using specific solutions.
2.2 The Customer has, in general, an insurance claim to the nonstop availability of the service. In the event of unscheduled steps, DDOWNLOADS will venture to give the Customers with sensible advancement notification and also to restore the availability of the solution. Must DDOWNLOADS’s solution be unavailable, this does not make up any insurance claims of the Customer to warranty or problems or payment of expenses/costs.
2.3 In the event of availability interruptions it is feasible that a certain variety of requests can not be tape-recorded and/or logged. Such occasion does not comprise any kind of insurance claims of the Customer to service warranty or problems or payment of expenses/costs.
2.4 DDOWNLOADS is not obligated to supply its solutions in the event of force majeure. Force majeure occasions can consist of:
If the distribution of products or services by suppliers is delayed or canceled (supplied such hold-up or cancellation is caused by force majeure).
Power failures and also interruptions or damage of high-voltage line past DDOWNLOADS’s round of obligation.
Strike and lock-out.
Software-based attacks by Customers or 3rd parties, such as harmful software or DDoS assaults.
Official or judicial orders.
Likewise such situations DDOWNLOADS could not have actually been protected against by using affordable care. DDOWNLOADS is bound, as a whole, to do certain safety and security procedures. Such responsibility does, however, not obligate DDOWNLOADS to omit the occurrence of force majeure events.
2.5 DDOWNLOADS might perform adjustments to DDOWNLOADS’s service layout as well as framework, in addition to service maintenance or enhancement in the kind of technical developments and/or to apply up-to-date software versions, at any time.
3.1 Files, which the Uploader/User uploads/stores and which DDOWNLOADS stores in support of the Uploader/User, are taken into consideration to be external 3rd party info. This detail is not the property or duty of DDOWNLOADS.
3.2 If the Uploader/User publishes files that web link from external 3rd event web offerings/ 3rd party website using hyperlinks, DDOWNLOADS likewise considers such details to be exterior 3rd party info. This detail is not the residential property or obligation of DDOWNLOADS as well as DDOWNLOADS presumes no responsibility or service warranty for the availability of outside internet offerings/ third celebration website.
3.3 DDOWNLOADS is, particularly, exempt for such outside third party information, if DDOWNLOADS has no understanding of any kind of unlawful acts or the unlawfulness of such 3rd celebration details and also if, in case of damages claims, DDOWNLOADS has no expertise of any facts or scenarios which constitute a crime or based upon which the illegality of such external 3rd party details comes to be evident and/or DDOWNLOADS has obtained knowledge of such truths or scenarios as well as took measures without unnecessary delay and also has actually eliminated such info or obstructed access to such details. The above stipulation does not comprise any kind of civil liberties vis-à-vis 3rd parties in any type of situation.
3.4 The Customer is not entitled to any commission for the uploading/storing of files, unless pay is agreed in between the Individual as well as DDOWNLOADS.
4.1 The User is, generally, not authorized to submit or store data and/or make documents publicly offered using DDOWNLOADS’s service that does not follow these Ts & Cs and/or applicable law. The Uploader represents/guarantees that it possesses all needed legal rights as an owner or in the type of a use right to the files/content/information uploaded/stored by the Uploader to the extent such legal rights are called for by these Ts & Cs. On top of that, the Uploader represents/guarantees that the publishing, keeping, editing, and enhancing, and/or procuring of the data stored/uploaded by the Uploader does not infringe upon applicable legislations, rights of 3rd parties, or these Ts & Cs.
4.2 Incompatible with these Ts & Cs are, in certain, files/content/information which contain harmful software of any kind, such as computer viruses, infringe upon patent, hallmark or copyrights, i.e. intellectual residential or commercial property civil liberties, that go against human dignity (by illustrating passing away or physically or mentally ill human beings), that have pornographic web content, in certain depicting kids or young adults and/or misuse of animals, that play-down violence, prompt individuals, are racist, glorify physical violence and/or battle, support terrorism, have representations that play-down violence, reject, play-down and even glorify national socialism, that obviously stop or impair the growth of youngsters and/or young persons to end up being responsible individualities or to seriously threaten such development, which contain disrespects, libel or vilification, which contain exclusive or personal data without authorization of the impacted individual or without statutory authorization, along with any info which contains hate/slander/malice/ contempt concerning components of the populace and/or groups and also, therefore, attack human self-respect.
4.3 DDOWNLOADS might block or remove files that infringe upon these Ts & Cs and/or applicable legislation, in whole or part, without previous notice, if 3rd parties inform DDOWNLOADS of any type of such violation or DDOWNLOADS gains expertise of such violation by its very own aggressive steps or if courts and/or authorities notify DDOWNLOADS of any type of such violation and also request that such data not be stored or released.
4.4 Should the User grossly or consistently break these Ts & Cs and/or suitable laws, DDOWNLOADS is authorized to obstruct the Customer’s access to DDOWNLOADS’s solution, in component or in whole, or to amazingly terminate the Customer’s arrangement with DDOWNLOADS in grave situations.
4.5 The Individual indemnifies DDOWNLOADS from and also versus all claims of third parties that such third events insist based on any type of violation of their rights by the User because of any infringements. In the event damages or expenditures sustained by DDOWNLOADS or DDOWNLOADS’s advertising partners are asserted based on infringements upon or offenses of these Ts & Cs by files/content/information of the User, the Customer is bound to bear or reimburse such damages or expenditures unless the Customer is not obliged to birth or reimburse such problems or expenditures.
4.6 DDOWNLOADS will take actions to secure copyright legal rights or 3rd event civil liberties to the degree reasonable and also practical, specifically as a precaution against violations or to identify violations in order to get rid of or stop such violations. Should the User be or familiarize the fact that its stored/uploaded files/content/information go against these Ts & Cs or applicable laws or third event copyright legal rights, the Individual will inform DDOWNLOADS without excessive delay of such links that connect to such files/content/information utilizing a Takedown Notice. DDOWNLOADS may obstruct or erase access to such files/content/information and also DDOWNLOADS may incorporate such files/content/information into its data filters.
Stipulations regarding Safety of kept Files/Content/Information.
5.1 These Ts & Cs do not obligate DDOWNLOADS to hand down or offer an overview of the available/stored documents under DDOWNLOADS’s service.
5.2 DDOWNLOADS does not open and/or examine the Customers’ saved files/content/information unless DDOWNLOADS is called for to do so based on official or judicial orders. DDOWNLOADS does not catalog the abovementioned files/content/information or checklist it in tables of material. DDOWNLOADS does not provide a search function with which DDOWNLOADS’s solution might be browsed.
5.3 DDOWNLOADS has no influence on which people or persons are downloading files/content/information stored/uploaded by a Customer, utilizing DDOWNLOADS’s solution for kept files/content/information. DDOWNLOADS will certainly not divulge to 3rd parties the info under which Net address files/content/information stored/uploaded by an Individual can be accessed making use of DDOWNLOADS’s solution unless DDOWNLOADS is bound to divulge such information based upon statutory or main orders.
Provisions relating to Removal of saved Files/Content/Information.
6.1 Need to the Customer’s stored/uploaded files/content/information breach appropriate legislation or these Ts & Cs, DDOWNLOADS is accredited to decline the storing/uploading of such files/content/information beforehand or to save such files/content/information under a different web link. This provision uses, in particular, files/content/information that contains differentiating, violence glorifying, racist and copyright shielded depictions, in such instance DDOWNLOADS is obligated or asked for by 3rd events to obstruct, erase or otherwise shop such files/content/information.
6.2 DDOWNLOADS is licensed to remove files/content/information stored/uploaded by a Customer that utilizes DDOWNLOADS’s solution complimentary of cost, if the volume given to the User is surpassed or if the contract is terminated, for example, because the agreement term has actually ended or the agreement has been ended or extremely ended.
6.3 DDOWNLOADS specifically indicates that the User has no case whatsoever to a perpetual and/or limitless storage space of its files/content/information. DDOWNLOADS additionally educates the Customer that the technical atmosphere goes through change.
6.4 DDOWNLOADS is licensed to remove files/content/information stored/uploaded by a User that uses DDOWNLOADS’s service versus a solution cost, if the storage space quantity offered to the Individual in its account is exceeded or if the arrangement has been ended or amazingly ended.
Stipulations pertaining to Registered/Logged-in Customers.
General Individual Tasks.
7.1.1 The Individual undertakes to provide the data/information required for the conclusion of the arrangement and/or use truthfully and entirely. DDOWNLOADS is to be informed in message type without excessive hold-up if such data/information has actually transformed.
7.1.2 On top of that, the Customer carries out to ensure that the Customer consistently checks its e-mail inbox to ensure that the readily available storage space volume suffices for inbound e-mails as well as that the Individual is able to promptly examine the material of inbound e-mails. The User is bound to guarantee that only the Customer has accessibility to the specified e-mail inbox and also that just the User is authorized to send out emails.
7.1.3 The Customer ensures that the needs for the perfect application of DDOWNLOADS’s solutions pertaining to software and hardware, along with the link to the Net are met and also available. The expenses for the fulfillment of such requirements are entirely birthed by the Customer.
7.1.4 The utilization of DDOWNLOADS’s solutions i.e. DDOWNLOADS’s solution by the Customer does not harm the provision of solutions by DDOWNLOADS.
7.1.5 The User is accountable for taking precautions to secure its system. Additionally, the Customer ensures that normal alternatives of the files/content/information are made. The Individual applies software applications to give protection against malicious software, such as bug. DDOWNLOADS is not responsible or in charge of any type of damages triggered by the harmful software application.
7.1.6 The Customer is obliged to alert DDOWNLOADS in text type without undue delay in case of any kind of complaints concerning DDOWNLOADS’s solutions.
Duties of the Customer relating to Access Information.
7.2.1 The application for subscription calls for the registration of the candidate; the User will be given access information after such registration. The User assures that it will certainly treat its gain access to data in complete confidence and that it will certainly not reveal such information to third events. In addition, the Customer ensures to secure such access information from any kind of 3rd celebration access.
7.2.2 On the occasion that there is a factor for the assumption that 3rd celebrations or unapproved persons have gained expertise or accessibility to the Customer’s accessibility data, the User is obliged to notify DDOWNLOADS of such situations without excessive delay.
7.2.3 The User is not accredited to provide its access/account to a 3rd party, all the same. Lease or sale is not permitted, regardless.
Changes to the Contract.
7.3.1 DDOWNLOADS might change the enrollment agreement, consisting of these Ts & Cs, any time, supplied such change is affordable to the User.
7.3.2 DDOWNLOADS will alert the User of the intent to modify the arrangement a minimum of eight weeks prior to such amendment participating in force. The User may challenge such amendment to the agreement within a six-week duration after such change became part of force by means of letter, telefax or email.
7.3.3 The modification to the agreement comes to be reliable if the argument to such modification to the arrangement is not effectively received regarding form and also time and the amendment notice was effectively given to the User with referral to the Individual’s right to challenge such amendment to the contract as well as further supplied that such modification to the agreement is practical.
7.3.4 The change to the contract does not end up being effective if the User appropriately challenges such modification to the contract or DDOWNLOADS did not provide a correct modification notice regarding the reference to the effects of a failure to object. The above stipulation is likewise used if the change to the arrangement is unreasonable to the Customer. In case of an ineffective change to the agreement, both celebrations might extraordinarily end the particular arrangement since the modification date.
Transfer and Job of Agreements.
7.4.1 DDOWNLOADS might move all concluded agreements with all rights and also duties attached to them to third events. Such transfer of agreements associates to contracts that were ended on the basis of these Ts & Cs.
The transfer of agreement does not come to be efficient if the argument to such transfer of contract is effectively obtained as to form as well as time or DDOWNLOADS did not properly reference the lawful repercussions if the User stops working to object to such transfer of arrangement. The transfer of contract comes to be efficient if the objection to such transfer of agreement is not effectively gotten as to form as well as time and also DDOWNLOADS’s transfer of agreement notification was appropriately supplied to the Individual with referral to the legal effects if the Customer fails to object to such transfer of contract.
Authorization according to Information Defense Regulation.
The Customer thus specifically agrees that DDOWNLOADS is likewise authorized to move personal data to a buyer in case of the transfer of agreement. DDOWNLOADS might contradict a registration agreement if the Individual does not give its authorization to such transfer of individual data. Furthermore, the User may revoke such permission in the future. On such occasions, DDOWNLOADS might amazingly end the contract with prompt effect.
Termination of the Arrangement.
7.5.1 The registration contract is, generally, concluded for an indefinite period. This stipulation does, nevertheless, not use, if the arrangement is ended for a set term. If a set arrangement term is not agreed upon between the parties, the User may end the contract with a notice duration of 14 calendar days to the month’s end. The registration arrangement ends with the expiry of the contract term if agreed. The right of both parties to amazing termination as well as discontinuation forever reason, in addition to DDOWNLOADS’s right to block the Individual’s access stays unaffected, even if a set arrangement term concurred.
7.5.2 In the event the contract is ended, DDOWNLOADS is authorized to delete every one of the Customer’s data, consisting of the deactivation of the Individual’s profile, without previous notification, at any type of time. The legal conservation and/or archiving commitments remain, nevertheless, untouched therefrom. The Individual has no claim whatsoever to the return of its information after the discontinuation of the agreement.
Barring of Access.
7.6.1 DDOWNLOADS is, generally, accredited to block the User’s accessibility to the solution in entire or partially. This uses, particularly, in the following instances:.
to ensure IT safety.
after the Individual’s accessibility data has actually been gotten in inaccurately three times.
enforcement of intellectual residential property legal rights.
Furthermore, DDOWNLOADS is licensed to offer the User a caution, if the Individual violates its contractual tasks or other responsibilities. Such warning might have the effect that DDOWNLOADS blocks the Customer’s accessibility, in entire or partially, and/or extraordinarily ends the arrangement with the Customer. DDOWNLOADS’s right to claim problems for incurred losses or expenditures remains unaffected therefrom.
7.6.2 Need to DDOWNLOADS familiarized facts that make misuse of the Individual’s gain access to data or an offense of these Ts & Cs apparent, DDOWNLOADS may block the User’s accessibility completely or briefly if called for as well as affordable. In such case, DDOWNLOADS might require and insist damages for all prices sustained about all procedures needed to promote the prosecution of such abuse or for the prosecution of such offense of these Ts & Cs.
Advertising design as well as its discussion and posting is the single obligation of DDOWNLOADS at its own discernment. This uses, in particular, during the downloading and install duration. The respective marketing type may likewise be picked by DDOWNLOADS at its own discernment.
Data Security Provisions.
The data security arrangements, along with the information privacy statement, are supplied as well as released by DDOWNLOADS at www.DDOWNLOAD.com.de/privacy.
Exemption of Responsibility.
DDOWNLOADS is not responsible for expenditures or damages or recourse insurance claims, specifically for damages insurance claims for shed revenues or repayment of consequential and also indirect problems. DDOWNLOADS’s liability pursuant to compulsory legal arrangements stays untouched therefrom.
Meanings and Terms.
A „ Individual” is specified as an all-natural person, who uses or has made use of DDOWNLOADS services.
„ Uploader”” is specified as a Customer, that publishes or has submitted documents to DDOWNLOADS.