General Terms and Conditions for Websnapr
websnapr is a service offered by construktiv GmbH, Haferwende 1, 28357 Bremen, Germany (subsequent: websnapr) which offers the possibility to create screenshots of websites for the purpose of integration of those taken pictures into websites.
construktiv GmbH provides two versions of websnapr:
- websnapr Free is free of charge after user registered like described in §2 Registration.
- websnapr Premium is with cost for the user because of extended features and availability; Premium features are described in a separate appointment.
For the services to be rendered by websnapr only the following rules and regulations are effective. Differing General Terms and Conditions of users are not applied. Those differing General Terms and Conditions are also not effective in case websnapr does not explicit disagree with them.
§ 1 Range of Services offered
Object of the agreement is the compilation of snapshots of websites for the purpose of integration of these created images on other websites.
By integration of a special programming command in the HTML-code of user’s websites a snapshot of a third party website unknown to websnapr will be displayed in a demanded size. But this goes without prior examination by websnapr. For the purposes of creation and integration of snapshots the user communicates the URL of a website of a third party for creation and prospective provision of a snapshot of this website.
§ 2 Registration (for websnapr Free services)
For the usage of the services rendered by Websnapr a registration as user is essential. The user is liable to deliver all data necessary for registration truly and correct. If all necessary data of the user reported complete and correct the user declares with a click his agreement with these General Terms and Conditions. In the following the user gets delivered the request to his declared e-mail adress to verify his data. By clicking on the link contained in the e-mail the user verifies his data and accomplishes the registration process.
§ 3 Copyrights/ Intellectual Property
The special programming command in the HTML-code delivered and created by websnapr as well as the whole software named “websnapr” is intellectual property of websnapr protected by federal and international copyright and trademark laws.
Thereby websnapr claims no copyrights in order to the predetermined content shown at the user’s websites.
The aforementioned special programming command in the HTML-code as well as the whole software named websnapr must not be infringed by reprinting, republishing, modifying, or distributing in any form without the express written permission of websnapr.
websnapr admits no right of use in order to the result of the process of taking snapshots by the user.
All trademarks and/or logos are the trademarks or logos of their respective owners. Nothing in this Agreement shall confer any right of ownership of any of the trademarks to the user.
§ 4 Disclaimer
The user MUST NOT use the services offered by websnapr to propagate material that is unlawful or that is immoral in any other way. websnapr is authorized to cancel the service provision to the user without notice in case the user infringes these General Terms and Conditions. In case of criminally relevant acts of the user websnapr is authorized, to release the data reported by the user to law enforcement agencies if they request so.
websnapr makes no representations or endorsements regarding the quality, safety, truth, accuracy, reliability or condition of any third party content used by provision of rendered service or any content posted on third party Web sites. Under no circumstances will websnapr be liable for any loss or damage of any kind as a result of the use of any third party content or service providers posted, emailed or otherwise made available by rendering her service.
websnapr is not responsible for the examination of the content snapshots of websites displayed in the snapshots and is for this reason not liable at all for those snapshots.
The user agrees to indemnify websnapr from all damages and expenses of third parties including public institutions and collecting societies who claim that the submitted material (the snapshots) infringes the right of third parties or that the material is unlawful in any other way. In case such entitlements or infringements of rights respectively will be claimed against websnapr the user does indemnify the websnapr for all entitlements claimed immediately. Furthermore the user will provide the necessary support to websnapr in relation to the legal defending and indemnify websnapr from legal costs for defending.
websnapr is not liable to render the services at any time accessible and without mistakes. This applies particularly in case that the access to services is affected because of legal or technical interferences out of the influence of websnapr. Furthermore websnapr is authorized to discontinue the accessibility of his websites and the services offered whether entirely or partial for the purpose of maintenance work and refurbishment at any time and without prior announcement. websnapr is not liable however in order to consequences of unavailability of services. The user has no claim for reimbursement based on those malfunctions against websnapr. websnapr is liable for damages because of the injury of body, life or health based on an intended or negligent breach of duty by websnapr or a legal representative or a servant of websnapr, for damages enfolded by the liability of German Product Liability Act, for miscellaneous damages based on an intended or grossly negligent breach of duty by websnapr, a legal representative or a servant of websnapr, for damages caused by simple negligence of websnapr as far as this negligence concerns the breach of basic contractual obligations (cardinal obligation). Cardinal obligations are those obligations, which the contract has to grant to the signatory in order to his whole purpose or whose compliance the adequate and orderly accomplishment of the contract is enabling in the first place and on whose compliance the signatory can trust regularly. In these cases the liability of websnapr is limited to damages which are typically adherent to the contract and which are predictable. These regulations contains all contractual and legal claims resulting from these Terms and Conditions or the use of services of websnapr. Beyond this the liability of websnapr is explicit excluded.
§ 5 Disclaimer for References and Links
websnapr herewith declares expressly that at time of setting own links no unlawful contents had been visible on the linked websites. websnapr has no influence at all on the prospective arrangement, the contents ort the authorship of the linked websites. websnapr distances herself from all contents of linked websites changed after setting of the own links. Only the provider of the website linked to is liable for unlawfull, erroneous or incomplete contents and particularly for damages based on the use or non use of those kind of presented information.
§ 6 Data Protection
websnapr respects the privacy of its users. websnapr treats the personal data of its users confidentially and only makes such data available to third parties if this conforms to applicable law or the user has consented to data being passed on. Details concerning data protection at websnapr are contained in the Data Protection Regulations.
§ 7 Relationship
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement between the user and service provider.
This Agreement is between user and websnapr and is not assignable to any third party. If there is any dispute between customer and any third party, customer understands and agrees that the service provider is under no obligation at all to become involved neither as witness nor as intervener. In the event that the user has a dispute with any third party or parties, the user hereby releases the service provider its officers, employees, agents and successors in rights from all claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or services.
§ 8 Force majeure
In case of force majeure the agreement can either be considered as judicially cancelled without user and websnapr being entitled of any compensation or the delivery time(s) are extended with the currency of the force majeure. websnapr will consider as force majeure: war, mobilization, terror acts, blockade stagnation of work, transport obstructions, measures of commercial policy, strikes, the non-delivery or non due deliveries of the goods by suppliers to websnapr, natural phenomena and in general all circumstances, events, causes and consequences which are beyond our control without our having to show the influence of one or more of the circumstances mentioned above.
§ 9 Miscellaneous Terms
This agreement is liable to German law exclusively to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG).
Exclusive jurisdiction for all differences which are associated with this agreement, including differences regarding his effectiveness as well as in relation to later changes and additions of this agreement is Bremen (Germany).
If the consumer price index officially determined and published by the Federal Statistical Office of the Federal Republic of Germany changes by eight or more percent relative to the level at the time when the contract is concluded, the price shall change by the same percentage. This change shall take effect from the month when the eight or more percent has been reached.
The contracting parties commit themselves to substitute such an ineffective regulation by an effective regulation that accords to the regulation which contracting parties would have agreed by consideration of the subject of the contract in case they would have known the ineffectiveness of the regulation by conclusion of the contract. This applies accordingly in case of a loophole of the contract.
Last update: May, 9th 2008