2. Subject-matter and definitions
2.1 We operate blogfoster and www.blogfoster.com related blogfoster services offered at the Internet address. blogfoster offers customized advertising materials such as banners, text links, links and videos for operators of websites that can on free advertising space drag and drop on your website and publish there. Hardened be, depending on the model, the provision of advertising space or placing an actually incurred business.
2.2 “User” within the meaning of these Terms is any person who uses the services of us claim to their registration.
2.3 “Advertising media Store” is the specially tailored area where registered users tailored to their needs, find them useful advertising.
3. Use and Registration
3.1 The use of blogfoster is only permissible if a full age and contractually capable natural persons. Minors may enter into a license agreement only with the consent of their legal representatives. With its first registration within the meaning of section 3.2 of the user submits an offer to conclude a usage agreement with us. If we accept the registration, the user will receive a confirmation email to the email address provided by him and we turn on the user account and access to advertising media Store free. Upon activation comes between us and the user Use Agreement to the agreements made in these Terms of arrangements concluded.
3.2 For the use of the advertising material made available to the registration and activation of user accounts and the advertising material stores in paragraph 3.1 by blogfoster required. For this purpose, indicates the user e-mail address and password and is applying to the website on which the promotional funds made available to be used. By its application, the user assures that he specified website actually belongs and he is empowered to terminate this Agreement and carry out the necessary actions for the use of blogfoster for this website.
3.3 Before the user can access the advertising media store and use the unlocked for him promotional material, we examine the given by him during the registration website for the following:
Availability of thematically appropriate campaigns in advertising media store?
Activity: If the blog is still active? Were published in the last 3 months, more than 5 Blog Posts?
Has the blog about a layout / template where our banner can be integrated technically correct?
Is the site on one of blogfoster operated on one of our supported technology (HTML front end)?
No illegal or offensive content (blog posts) and comments.
We reserve the right to refuse the activation of users at any time and without giving reasons.
3.3 The User is obliged to truthfully and completely provide for charges levied on registration data. In a change to its data after registration, the user has to update the information in his user account promptly or inform us of the changes, if the user that amendment can not make yourself. We may ask for proof of the identity of the user, his majority or the consent of his legal representative and, where appropriate, make access to use of blogfoster or individual functions of blogfoster of the provision of the appropriate documentation.
3.4 Passwords must be kept secret and may not be disclosed to unauthorized third parties. The user undertakes to report any misuse of his access data immediately by e-mail to firstname.lastname@example.org.
4. Use of Promotional Products
4.1 We provide the promotional material so available, as is made possible by our advertisers us. By selecting an advertising agent (drag and drop a material created by users advertising space) is a license agreement for this advertising medium with us on matters dealt with in the present section 4 related conditions.
4.4 Advertising space can be filled with the provided advertising material store promotional materials. If the user selects an advertisement for advertising space, he will have the right to integrate the advertising material in its website and display. The source code and the advertising medium itself are protected by copyright and may not directly in the source code of the web site and may be used in unmodified form for advertising purposes. The transfer and processing or other changes are excluded.
4.5 We provide anonymised usage rates to the respective advertising media available. The user can on the one hand to see how many bloggers use the same advertising material and on the other hand, which click and View Council has the ad on his website. For the accuracy of this information, we assume no liability.
4.6 We reserve the right to remove advertising media from the user’s website, such as when no longer worked with such advertiser or a particular campaign expires. In this case, we will notify the user as soon as possible via email. So far remain for that advertising material collected tracking data obtained and can still be viewed.
5. Duties of the User
5.1 The user undertakes to reproach any illegal or unlawful content created on his website. In particular, unauthorized content,
For the use of the user does not have the necessary rights,
The right of others to privacy or personal rights, in particular the right to their own image, injure,
With pornographic, obscene or derogatory designs,
That are libelous or defamatory, or contains false statements of fact,
The copyright, service, trademark or other rights of others hurt and / or can be prosecuted.
5.2 The user also undertakes to refrain from it,
Practices considered unfair competition or to promote, such as progressive canvassing by chain or pyramid systems,
Other harassing actions against other users, advertisers or other third parties blogfoster or make,
To try to gain unauthorized access to data by third parties,
etc. blogfoster for unwanted messages from the receiver (eg, spamming), chain letters - to abuse
To use blogfoster in a way that can lead to congestion and interference of our systems.
5.3 The User is particularly prohibited to attempt to obtain the payment pursuant to Item 8 in that he himself or attempts by third parties using it in the context of blogfoster services surrendered promotional, tracking links and / or other technical means, by one or more of the following practices to manipulate the compensation or otherwise to acquire illegally:
Use of forms of advertising that could enable tracking, but in which each advertisement is not, not shown perceptible or not in shape and / or size specified by the advertisers; or
Use of law for the advertising companies or third parties, in particular trademark law, protected terms, such as search engines (for example, search engine marketing or optimization), in advertisements or the application of the advertising space without the express prior written consent of the company’s advertisers.
5.4 In the case of violations of the user we can and will take appropriate measures to prevent this. We are particularly entitled to edit infringing content to block or delete them. In exceptional cases we may be entitled to exclude users completely or partially by the use of blogfoster.
6.1 blogfoster is entitled, during and after implementation of the contractual relationship with advertisers to publish the name, description and title of the blog to use its URL, durschnittliche monthly page views and a screenshot of the website as part of customer and reference lists for advertising and reference purposes, and / or to customers or prospective customers to call. This includes the appropriate use of the trademark (s) of the user. The user gives blogfoster hereby the right to a corresponding use of the abovementioned points.
6.2 The name of the user or his personal information will be used for references. The user can define your own descriptive texts and screenshots in his account and thus have an influence on the data used for reference purposes.
7. Liability of the user / exemption
8.1 We are liable for damage to the user according to legal regulations, if the damages were caused intentionally or through gross negligence, they are the result of the absence of a guaranteed quality of services, they to a culpable breach of contract (see paragraph 2) is based, they the are a result of a culpable violation of health, body or life, or for which we are liable under the product liability Act.
8.2 Essential contractual duties as defined above are those contractual obligations the fulfillment of which allows the execution of the contract and on whose compliance the signatory can trust regularly, and their violation on the other side endangers the purpose of the contract.
8.3 In case of violation of an essential contractual obligation, liability is limited to damages that are expected to arise in the context of the holding of a service such as blogfoster typically and predictably. For not typically occurring and unpredictable damages we shall only be liable if the damage was caused deliberately; this does not apply if the life, limb or health are affected.
8.4 Furthermore, our liability is excluded regardless of the legal basis.
9. Billing, commission
9.1 The settlement of payment received by the users for its integration of advertising done monthly. At end of each month the user gets an overview of it generates revenues, unless they have been confirmed by the respective partners of blogfoster. Unless otherwise agreed in individual cases, we will retain a commission of 15% of the monthly net sales. Individually agreed commission level, the user can see in his account at any time.
9.2 The monthly credit provided in the user’s account to download. The apparent there revenues are reported net of the agreed commission 31 days after the provision of credit in the account on the specified by paragraph 8.3 of these Terms of account of the user. The user has 30 days to review the provided in his account credited and possibly to raise objections. If he does not, the credit as the issue amount is valid for the period in question recognized as being exhaustive.
9.3 For billing, we need the address and account information, as well as the value added tax identification number of the user or the company he represents. These should be entered in the user’s account, the form can be billing.
10. Data Protection
11. Duration and Termination
11.1 The license agreement is concluded for an indefinite period. We have the right to terminate the contract with a period of 14 days. The user can terminate the contract by deletion of his account at any time.
11.2 A notice of the user is the same, if the user deletes his blogfoster user account with the help of this in the account intended function.
11.3 The parties’ right to extraordinary termination for good cause remains unaffected.
11.4 With the termination of the contract the customer’s access is blocked to blogfoster. All rights of use under paragraph 4 will terminate automatically and with immediate effect.
12. Applicable Law
The contract shall be the law of the Federal Republic of Germany. The application of the CISG (CISG) is excluded.