Conditions

General terms and conditions (GTC) of webpresse.net for the publication and distribution of press material
§ 1
These terms and conditions apply to all distribution services provided by webpresse.net, even if these services are provided without any use or express reference to these terms and conditions. Changes or ancillary agreements require prior written confirmation from webpresse.net to be valid and only apply to the respective individual business case. Conflicting terms and conditions of the customer are not recognized, even if they have not been expressly contradicted.
§ 2
The business purpose of webpresse.net is, among other things, the digital distribution of original press material for customers. webpresse.net publishes and disseminates texts, images, audio and film contributions on behalf of the customer and uses the following distribution channels for this purpose: satellite, e-mail, RSS, fax, delivery of online databases, websites and portals as well as storage in Press portal from webpresse.net. webpresse.net is constantly striving to increase the range for its respective services and to improve the response in the interests of its customers and therefore reserves the right to change or expand the respective recipient groups and distribution channels at any time. Details on the products and distribution channels can be found in the current sales documents from webpresse.net. On request, webpresse.net sends reach reports or recipient overviews for the various services to the customer at any time.
§ 3
When using the direct dissemination function via the webpresse.net systems, the customer carries out the dissemination himself, so that webpresse.net has no way of knowing before publication. In the case of dissemination that is carried out by employees of webpresse.net on behalf of customers, webpresse.net only categorizes (allocation of departments) and passwords. A content-related or legal check as well as an editorial processing of the material to be published does not take place.
§ 4
webpresse.net undertakes to publish the material in the customer's original version, unless otherwise agreed. The customer is solely responsible for the content and form of the material to be published; he has to deliver his material free of third party rights. In addition, the customer shall indemnify webpresse.net from any third-party claims resulting from the publication, distribution and / or archiving of the material by webpresse.net in accordance with the order or from the intended use of the material by its recipients and other users and webpresse. net to reimburse any damages - including the costs for the appropriate legal defense against such third party claims. Regardless of the fact that webpresse.net does not check or edit the material, webpresse.net reserves the right to refuse publication and distribution of the material in individual cases without giving reasons.
§ 5
By placing the order, the customer transfers to webpresse.net all rights necessary for the execution of the service in accordance with the order, including the right to issue sublicenses in the context of further distribution, in particular to the respective recipient. Any restrictions on use must be provided in writing by the customer when placing the order. Webpresse.net is not liable for compliance with the usage restrictions by the recipient.
webpresse.net has no influence on whether and, if so, how recipients check and edit the material on their part; webpresse.net accepts no liability for this. webpresse.net is not obliged to prevent the further distribution or publication of material by recipients beyond the request to cease and desist.
§ 6
If material is distributed to e-mail or fax addresses that webpresse.net receives from the customer for this purpose, webpresse.net is not liable for the admissibility of the transmission. The consent of the respective recipient must be obtained from the customer in advance. The customer has to exempt webpresse.net from third party claims and to compensate webpresse.net for any damage - including the costs for the appropriate legal defense against such claims.
§ 7
Webpresse.net is not liable for errors or disruptions in service operations and delivery difficulties due to industrial action or in cases of force majeure, otherwise the liability of webpresse.net is limited or excluded as follows: webpresse.net is not liable in the case of normal negligence on the part of its bodies, legal representatives , Employees and other vicarious agents, unless it is a violation of essential contractual obligations. Liability due to gross negligence with regard to vicarious agents, insofar as they are not executive employees, as well as with regard to the breach of essential contractual obligations without gross negligence is limited to the replacement of the typical foreseeable damage, however, to a maximum of € 1,000. The above exclusions and limitations of liability do not apply in the event of culpable injury to life, limb or health or insofar as there is liability under the Product Liability Act for property damage to privately used objects or for personal injury even without fault. The customer has to play an active part in reducing the damage.
§ 8th
If the customer uses the password-protected internet order system developed by webpresse.net to submit orders, he is solely responsible for the confidentiality of the access data (username and password) transmitted by webpresse.net. The customer is liable to webpresse.net for all damage that occurs after receiving this data due to unauthorized use by its own employees or third parties.
§ 9
Unless otherwise agreed, the current webpresse.net price list applies to all orders; Invoices are to be paid immediately and without deduction. If the invoice address differs from the customer, the customer is liable to webpresse.net in the event that the invoice recipient has not received the payment on time and / or in full.
§ 10
The rest of the German law applies to the exclusion of the UN Sales Convention (CISG). The place of fulfillment and jurisdiction is Syke.
Should one or more of the provisions in the General Terms and Conditions be or become ineffective, this shall not affect the validity of the remaining provisions. Instead of the ineffective provisions, a regulation applies that comes closest to the intended purpose. The same applies in the event that agreements contain loopholes.

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