Terms of Use

1. Scope

1.1.

Use of this website (hereinafter: the "jandamerau.de website") is permitted exclusively on the basis of these terms. These general terms of use may be supplemented, modified, or replaced in individual cases by additional conditions, for example for the purchase of an app.

1.2.

If the user acts when using the jandamerau.de website as or on behalf of a company, that is, in the exercise of a commercial or self-employed professional activity, or on behalf of a public corporation, Section 312e para. 1 sentence 1 nos. 1 to 3 of the German Civil Code shall not apply.

1.3.

In the case of web offers directed at companies or public corporations, the respective company or corporation is represented by the user and must attribute the user's actions and knowledge to itself.

2. Provider information

The operator of jandamerau.de is Jan-Hendrik Damerau (hereinafter: the "operator of jandamerau.de"). The legally required provider information is stated in the imprint and can be accessed via hyperlinks on the jandamerau.de website and/or at www.jandamerau.com.

3. Services

3.1.

The operator of jandamerau.de provides certain information and software, if applicable together with documentation, for retrieval or download on the jandamerau.de website.

3.2.

The operator of jandamerau.de is entitled to discontinue operation of the jandamerau.de website in whole or in part at any time. Due to the nature of the Internet and computer systems, the operator of jandamerau.de does not guarantee uninterrupted availability of the jandamerau.de website.

4. Rights of use for information, software, and documentation

4.1.

Use of the information, software, and documentation provided on the jandamerau.de website is subject to these terms or, in the case of updates to information, software, or documentation, to the relevant license terms previously agreed with the publisher. Separately agreed license terms, for example when downloading software, take precedence over these terms.

4.2.

The operator of jandamerau.de grants the user a non-exclusive and non-transferable right to use the information, software, and documentation provided on the jandamerau.de website to the extent agreed or, if nothing has been agreed, as corresponds to the purpose pursued by making it available and providing it.

4.3.

Software is provided in machine-readable form. There is no claim to release of the source code. Excluded from this are source codes of open source software whose license terms, which take precedence over these terms when open source software is distributed, require release of the source code. In such a case, the operator of jandamerau.de will make the source code available against reimbursement of costs.

4.4.

Neither information, software, nor documentation may at any time be distributed, rented, or otherwise made available to third parties by the user. Unless mandatory law permits otherwise, the user may not modify, reverse engineer, or translate the software or documentation, nor extract parts thereof. The user may create a backup copy of the software if this copy is required to secure future use on the basis of these terms of use.

4.5.

The information, software, and documentation are protected by copyright laws, international copyright treaties, and other laws and agreements on intellectual property. The user shall observe these rights and, in particular, shall not remove alphanumeric identifiers, trademarks, or copyright notices from the information, the software, the documentation, or copies thereof.

4.6.

Sections 69a et seq. of the German Copyright Act remain unaffected.

5. Intellectual property

5.1.

Notwithstanding the special provisions in section 4 of these terms of use, information, brand names, and other content from the jandamerau.de website may not be altered, copied, reproduced, sold, rented, used, supplemented, or otherwise exploited without prior written permission from the operator of jandamerau.de.

5.2.

Apart from the rights of use expressly granted herein or other rights, no further rights of any kind are granted to the user, in particular no rights to product names or industrial property rights such as patents, utility models, or trademarks, nor is the operator of jandamerau.de under any obligation to grant such rights.

5.3.

If the user submits ideas or suggestions on the jandamerau.de website, by email, or through the contact form to the operator of jandamerau.de, the operator of jandamerau.de may use them free of charge for the development, improvement, and distribution of products from its portfolio.

6. User obligations

6.1.

When using the jandamerau.de website, the user must not:

  • violate accepted principles of morality by their usage behavior
  • infringe industrial property rights, copyrights, or other ownership rights
  • transmit content containing viruses, so-called Trojan horses, or other programming that can damage software
  • enter, store, or send hyperlinks or content they are not authorized to use, especially if such hyperlinks or content violate confidentiality obligations or are unlawful
  • distribute advertising or unsolicited emails (so-called "spam") or inaccurate warnings about viruses, malfunctions, and the like, or invite participation in sweepstakes, pyramid schemes, chain letters, or comparable campaigns

6.2.

The operator of jandamerau.de may block access to the jandamerau.de website at any time, especially if the user violates their obligations under these terms.

7. Hyperlinks

The jandamerau.de website may contain hyperlinks to third-party websites. The operator of jandamerau.de assumes no responsibility for the content of these websites, nor does the operator of jandamerau.de adopt these websites and their content as its own, since the operator of jandamerau.de does not control the linked information and is not responsible for the content and information provided there. Their use is at the user's own risk.

8. Liability for legal and material defects

8.1.

If information, software, or documentation is provided free of charge, liability for material and legal defects of the information, software, and documentation, in particular for their correctness, freedom from errors, freedom from third-party intellectual property rights, completeness, and/or usability, is excluded except in cases of intent or fraudulent concealment.

8.2.

The information on the jandamerau.de website may contain specifications or general descriptions of technical possibilities of products which may not always be available in individual cases (for example due to product changes). The desired performance features of the products must therefore be agreed separately at the time of purchase in each individual case.

9. Other liability, viruses

9.1.

The liability of the operator of jandamerau.de for material and legal defects is governed by the provisions in section 8 of these terms of use. Otherwise, any liability of the operator of jandamerau.de is excluded unless mandatory liability applies, for example under the German Product Liability Act, for intent, gross negligence, injury to life, body, or health, assumption of a quality guarantee, fraudulent concealment of a defect, or breach of essential contractual obligations. However, damages for breach of essential contractual obligations are limited to the foreseeable damage typical for the contract, unless intent or gross negligence exists.

9.2.

Although the operator of jandamerau.de always endeavors to keep the jandamerau.de website free of viruses, the operator of jandamerau.de does not guarantee freedom from viruses. Before downloading information, software, and documentation, the user shall ensure appropriate security measures and virus scanners for their own protection and to prevent viruses on the jandamerau.de website.

9.3.

No reversal of the burden of proof to the detriment of the user is associated with the provisions in sections 9.1 and 9.2.

10. Data protection

When collecting, using, and processing personal data of users of the jandamerau.de website, the operator of jandamerau.de observes the applicable data protection provisions as well as the privacy policy, which can be accessed via hyperlinks on the jandamerau.de website and/or at www.jandamerau.com.

11. Ancillary agreements, place of jurisdiction, applicable law

11.1.

Ancillary agreements must be made in writing.

11.2.

Place of jurisdiction is Ahrensburg.

11.3.

The individual pages of the jandamerau.de website are operated and maintained by the operator of jandamerau.de. The pages take into account the requirements of the Federal Republic of Germany. The operator of jandamerau.de assumes no responsibility for whether information, software, and/or documentation from the jandamerau.de website may also be accessed or downloaded in places outside the Federal Republic of Germany. If users access the jandamerau.de website from places outside the Federal Republic of Germany, they are solely responsible for compliance with the provisions applicable under the respective national law. Access to information, software, and/or documentation on the jandamerau.de website from countries in which such access is unlawful is prohibited.

11.4.

German law applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods.