1.1 For the contractual relationship between MyAdvent (Provider: EichGnomies GmbH & Co. KG with its registered office in Peter-Händel-Str. 10, 91334 Hemhofen, Germany, hereafter referred to as "Provider" for short) and the User (hereafter referred to as "User" for short, together here also referred to as "the parties"), about digital services (hereafter referred to as "Services" for short), in particular but not conclusively about the use of the website https://www.myadvent.net (hereafter referred to as "Website" for short), together referred to as "Platform" for short, these General Terms and Conditions apply.
1.2 Contradictory, deviating or supplementary general terms and conditions of the User shall not become part of the contract unless the Provider expressly agrees to their validity. These General Terms and Conditions shall also apply if the Provider performs services without reservation in the knowledge of terms and conditions of the User that conflict with or deviate from these General Terms and Conditions.
1.3 These GTC will also apply to all future service relationships between the Provider and the User (in connection with the offered subject matter of services) without the need for express inclusion.
1.4 These GTC apply exclusively to the contractual service relationships between the Provider and such Users who are entrepreneurs within the meaning of § 14 BGB.
1.5 These GTC already apply with the first use of the offered services, regardless of whether the selected offer is chargeable for the User.
1.6 If the generic masculine is used in the following provisions, this shall apply solely for reasons of simplicity, without this being associated with any valuation.
2.1 The Provider offers online advent calendars that can be personalized by the User via its website. The Provider may limit the maximum number of visitors to the individual calendars in accordance with the individual contractual agreement and, if this is in excess, limit or cancel the availability of the calendar. Unless otherwise noted, calendars are limited to a maximum of 1.000 users.
2.2 The individual specifically owed services result from the price and service offer of the Provider.
2.3 The User must register on the respective platform by means of a valid e-mail address in order to fully use the range of services.
2.4 The premium Services are subject to a fee; contents and prices result from the price and service offer of the Provider and can be booked by concluding a subscription (hereinafter referred to as "Subscription").
2.5 The Provider is entitled to use the help of third parties to fulfill individual or all contractual obligations.
3.1 The presentation of services on the website or in advertisements does not constitute a binding offer by the Provider to conclude a subscription. The User is hereby merely invited to make an offer himself by registering for the conclusion of a subscription.
3.2 Before concluding the subscription, the User is requested to enter the relevant information for the conclusion of the subscription and to select a payment method. The entry requires the truthful provision of the requested data. Subsequently, the User is shown a summary of all information relevant to the conclusion of the contract. By pressing the button "buy" or "order with obligation to pay", the process is completed and the offer to conclude the subscription is sent.
3.3 By sending the offer, the User makes a binding offer to conclude a paid subscription. By sending the offer, the User acknowledges these General Terms and Conditions as well as the data protection provisions of the Provider as solely authoritative for the legal relationship with the Provider. By submitting, the User also confirms, if required, the existence of a consent of the legal representatives to the conclusion of the contract. The submission of the consent can be requested by the Provider at any time.
3.4 The Provider confirms that the User's offer has been received by sending a confirmation e-mail. This confirmation does not yet represent the acceptance of the contract offer by the Provider. It only serves to inform the User that the offer has been received by the Provider. The declaration of acceptance of the contractual offer is usually made by an express declaration of acceptance.
3.5 The contractual term of the subscription depends on the respective agreement. The User may terminate the subscription without stating an important reason at the end of the agreed term. Upon effectiveness of the termination, the owed line offer completely expires.
3.6 The right of the parties to terminate the User agreement for good cause (extraordinary termination) shall remain unaffected.
4.1 The User undertakes to use the functions offered by the Provider only to the contractually agreed extent.
4.2 The User is obligated to keep his stored User information and/or access data (in particular his e-mail address) up to date.
4.3 The User is independently responsible for maintaining the technical requirements (e.g. by regularly updating the operating system used) in order to be able to use the offer in full. In case of technical problems with the provided offer, the User is also obliged to cooperate in solving the problem as best as possible.
4.4 In the event of registration, the User is obliged to keep his/her access data, in particular the password chosen by him/her, secret at all times and to prevent any unauthorized access to his/her User account by third parties by means of suitable measures. The User is obliged to inform the Provider immediately if there are any indications that the access data could be used without authorization. The User shall be liable for any misuse of the user account and/or its data.
4.5 The User is responsible for ensuring that the content he/she enters does not infringe the rights of third parties and does not infringe statutory provisions (e.g. Criminal Code) and/or morality. In particular - but not conclusively - unconstitutional, inciting, defamatory, racist and/or child pornographic content and/or statements are not permitted. The provider expressly reserves the right to take criminal action against the User in such cases.
4.6 The User is responsible for ensuring that the content he/she enters does not infringe the rights of third parties and does not infringe statutory provisions (e.g. the Criminal Code) and/or morality. In particular - but not conclusively - unconstitutional, inciting, defamatory, racist and/or child pornographic content and/or statements are not permitted. The Provider expressly reserves the right to take criminal action against the User in such cases.
4.7 The User acknowledges that he/she may be temporarily or permanently excluded ("deactivated") from the offer at any time by the Provider in the event of a violation of the conditions set forth herein.
4.8 The User is responsible for all content uploaded or inserted by him and has to ensure that the content is not affected by the rights of third parties and does not infringe applicable law (in particular copyright, competition, trademark, criminal, youth protection, data protection law or the like). The Provider is not obliged to check the contents.
5.1 The respective payment is charged for the subscription, with the exception of a free test phase, if this is offered to the User accordingly. The payment is generally based on the function selected by the User and the respective contract period.
5.2 The User's duty to pay shall also remain in effect in cases where the service cannot be performed for a reason for which the User is responsible. In this case, however, the Provider must take into account any expenses saved or not incurred.
5.3 All payments to be made by the User are generally owed in advance and immediately after the conclusion of the contract. The payment services that are offered for payment shall apply. The User agrees to receive the invoice electronically.
6.1 The Provider is liable, regardless of the legal reason, within the limits of the legal provisions only in accordance with the following clauses.
6.2 The Provider shall only be liable for damages resulting from injury to life, body or health as well as for damages caused by intent or gross negligence on the part of the Provider or one of its legal representatives or assistants. In addition, the Provider shall be liable, limited to compensation for the foreseeable damage typical for this type of contract, for such damage that is based on a slightly negligent breach of material contractual obligations by him or one of his legal representatives or assistants. Material contractual obligations are obligations whose fulfillment is essential for the proper performance of the contract and on whose fulfillment the User may regularly rely.
6.3 The Provider assumes no liability for any unforeseen software disruptions from the sphere of third parties, or technical "bugs" or data loss, over which the Provider itself has no influence. The Provider tries to correct any server malfunctions as quickly as possible and to carry out maintenance work carefully. Furthermore, the Provider cannot guarantee the User that the website will be available at all times.
6.4 The User exempts the Provider from all claims of third parties, which are asserted against the Provider by third parties due to the violation of these GTC by the User. In this case, the User shall also reimburse the Provider for all costs incurred for legal prosecution and defense.
7.1 The processing of personal data for the fulfillment of the contractually agreed services is carried out in accordance with national and European data protection laws. The processing of personal data required for the fulfillment of the contractual offer is based on Art. 6 lit. b DS-GVO. Beyond this, further processing of data or disclosure to third parties only takes place in those cases in which the User has previously given his express consent or the processing/ disclosure is necessary for the performance of the contract and this corresponds to the interests of the User. In all other respects, the Provider refers to the data protection provisions, available at https://www.myadvent.net/legal/en/#data-privacy.
7.2 The parties to the contract undertake to treat as confidential any information or documents from the other party's sphere that become known to them in the course of the performance of the contract and that are not in the public domain or generally accessible. This confidentiality obligation continues to exist even after termination of the contractual relationship.
7.3 The processing of personal data carried out on behalf of the User shall be for the purpose of organizing and implementing digital events, in particular for inviting, registering, managing, billing and recording participation.
7.4 Only the User is responsible for the legality of the data, the obtaining of any consents and the use of the functions provided by the Provider.
7.6 The User shall release the Provider from all claims and other financial disadvantages, including legal fees, which employees or customers of the User, including data protection supervisory authorities, assert against the Provider in connection with possible violations of data protection law or which arise insofar as such are the User's responsibility or are based on the User's actions, which shall also include employees and affiliates of the User.
8.1 The complete offer of the Provider is subject to the respective industrial property rights (such as copyright law) and is legally protected by the Provider and/or its licensors. This applies in particular to the entire data and database structure as well as to the external appearance of the website.
8.2 All legally protected contents of the Provider, as well as the entire data and database structure, may not be published, reproduced, made publicly accessible or passed on to third parties without the express prior consent of the Provider. The User is granted a simple, non-transferable right of use, limited in time to the duration of the contract. Any commercial use without the prior consent of the Provider is prohibited in any case.
8.3 The assignment of the User's rights is subject to the written declaration of the Provider's consent.
8.4 The Provider is allowed to make new versions and updates of the Service, especially changes in the design, operational procedure, systems and other functions of the Service, at any time and without prior notice.
9.1 To the extent permitted by law, the place of performance is Hemhofen, Germany.
9.2 Subsidiary agreements to these GTC do not exist and must be made in writing to be effective in any case. This shall also apply to any amendment of this provision itself.
9.3 The possible invalidity or ineffectiveness of one or more provisions of these GTC shall not affect the effectiveness of the remaining provisions. The parties undertake to replace the invalid provision with a valid provision that comes closest in economic and legal terms to the intended provision.
9.4 All disputes in connection with the use of the website, regardless of the legal reason, will be exclusively governed by the laws of the Federal Republic of Germany, excluding all provisions of conflict of laws that refer to another jurisdiction.