Users within the meaning of these Terms and Conditions are exclusively natural persons or legal entities or partnerships with legal capacity with whom business relationships are made and who exercise their commercial or independent professional activity (Entrepreneurs § 14 BGB- German Civil Code) as well as legal persons under Public Law.
The "On-lead Landing Page System" is an online platform used to expand Customers and Distributors, offering Users Landing and Sublandingpage solutions, which automate User’s sales activities. For the use of the platform, it is necessary that the User creates his own "User Profile".
2. Contract agreement and User Profile
By concluding an online registration process and the creation of an own User Profile, a User Agreement for the use of the "On Lead Landing Page System" is concluded between the Operator and the respective User.
The User assures the Operator that the data stored by him during the registration is complete and true. Any changes to his data must be notified to the Operator immediately. The User is solely responsible for incorrect information and the resulting consequences.
3. Use and Rights
The User has several options to use the platform:
- Creation of Subdomains
- Creation of Landing Pages
- Creation of Sales Pages
- Publication of own content in a limited amount (text, pictures etc.)
If the Operator has reasons to suspect that individual content violetes legal regulations or the rights of third parties, the Operator may block the access of the User completely or to individual content at any time and without further notice. The User may not assert a claim in individual functionalities on the on-line platform.
The User grants the Operator a spaced and temporally unlimited, irrevocable, non-exclusive, free of change, third-party transferable right to exploit the content. The Operator is always entitled to use, edit and exploit the content. This includes in particular the reproduction right, the distribution right and the right of communication to the public, in particular the right of public access. The User renounces the Copyrights. This provision does not affect the possibility for the User to grant third party rights to determinated content considering certain license models.
4. Obligation to Cooperate
- Not to use the platform for the dissemination or retrieval of immoral or unlawful content;
- Rights of third parties, in particular Copyrights and Industrial Property Rights, Trademarks, Patents and other property and personal rights, not to violate.
- Do not cease defamatory, threatening, glorifying violence, harassing, damaging, racist or otherwise objectionable content on the Internet pages provided within the framework of the portal or disseminating them through the portal;
The User is solely responsible for the accuracy of the information and the self-created content. He is obliged to keep his login data secret and not to pass it on to third parties. In case the User become aware of misuse of his login data, he must inform the Operator immediately.
5. Costs and Terms of Payment
A monthly fee of EUR 30,00 is agreed for the use of the online platform. In case a discount is agreed at the time of conclusion of the contract, the reduced contribution will be valid for a period of 12 months from the date of the contract. After 12 months the monthly fee increases to EUR 30,00.
The payment must be made to the company Crea Union GmbH, owner: Rainer Matla, Herforder Str. 237, 33609 Bielefeld. The Crea Union GmbH offers various payment options.
6. Contract Period and Termination
The contract is formed for an indefinite period of time, unless otherwise is agreed in particular in the User Agreement
Either party may terminate the Agreement by giving 14 days notice to the end of the month. The right of the parties to terminate for a cause remains unaffected.
Termination for a cause includes particularly, if the User violates or doesn’t comply with his obligations from Clause 4.
7. Personal Data and Data Protection
The use of the portal makes the collection, processing and use of personal data by the Operator unavoidable. The Operator assures to handle all stored data carefully and to process exclusively in the context of the data protection-legal consent of the User. Any further use of personal data will only be made by the Operator if it is legally permissible or if the User has given his prior consent.
The User agrees to the storage of the personal data provided by him. This also applies to the storage of the IP addresses that are transmitted when using the portal. The User agrees in particular to the presentation of personal data provided by him in his profile within the online platform for other users of the platform and not users third parties.
The User further agrees that advertisements of third parties, in any kind, are shown on his profile pages.
The User further agrees that the Operator uses personal data of the user for marketing purposes. This includes the commercial address of the user by e-mail and by post.
The Operator is fully liable for intent and gross negligence as well as in accordance with the Product Liability Law. For slight negligence, the Operator is liable for damage resulting from injury to life, body and health of the person.
For slight negligence, the Operator shall only be liable in the event of a violation of a material contractual obligation, the fulfillment of which enables the proper execution of the contract and on whose compliance the User may regularly rely (Cardinal Obligation). The liability for slight negligence is limited to the amount for foreseeable damages at the time of contract formation. This limitation of liability also applies to the vicarious agents of the Operator.
The Operator is not liable for the loss of data and / or programs insofar as the damage is due to the fact that the User has failed to perform a data backup.
The Operator is only responsible for third-party content if he has certain knowledge of it and if it is technically possible and reasonably for him to prevent its use (§§ 7 ff. Telemediengesetz/TMG – German Telemidia Act). The user is liable for the burden of proof.
9. Exemption Claim
In case of claim for alleged or actual infringement and / or infringement of third party rights by the User in connection with the use of the online platform, the User shall indemnify the Operator against all third-party claims resulting therefrom. In addition, the User agrees to compensate all costs incurred by the Operator by the use of third parties, and all reimbursable costs including the costs of proper legal defense.
The content of the online platform may be subject to Copyrights or other neighbouring proprietary rights of the Operator or cooperating companies and may only be used with the expressed consent of the Operator (or the Copyright holder). This applies in particular to texts, images and the global website design as well as the online platform of the Operator.
11. Final provisions
The Law of the Federal Republic of Germany is applicable, excluding of the UN Sales Law. The provisions of the UN Sales Convention do not apply.
Beeing the User a businessman and based on the date of the order in Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the court having jurisdiction at the registered office of the Operator, unless an exclusive place of jurisdiction has been given. The same applies if the User does not have a general place of jurisdiction in Germany or if his domicile or habitual residence is unknown at the time the claim is filed.
12. Your own Domain
The User is allowed to use his own domain name, registered with a third party Domain service provider, given that the domain name does not contain the words “Enagic” or “Kangen” or any trademarks of the Operator, including domain names that combine an ENAGIC trademark with one or more additional words, letters, numbers, or other characters, or domain names containing any misspelling or other confusingly similar variation of any ENAGIC trademark.