Terms and Conditions

- for ads on Machinengo -

1. Subject, scope

1.1. The subject of these General Terms and Conditions (hereinafter "GTC") is the booking and placement of advertisements on the website Machinengo.de! (hereinafter "platform") as well as the use of the platform as an interested party. The platform is operated by Machinengo GmbH Artur Ladebeck Str 171, 33647 Bielefeld, Germany (hereinafter “we” or “us").

1.2. Definitions:

1.2.1. Ad placements on the Platform are hereinafter referred to as "Ads".

1.2.2 Companies advertising on the Platform are hereinafter referred to as "Providers".

1.2.3 Any notices, reviews or other content that Users communicate on or through the Platform are referred to as “User Submissions“.

1.3 The placement of advertisements on the platform is - if and to the extent specified on the platform - subject to a fee. The use of the advertisements as an interested party is free of charge.

1.4 Our offers and services are exclusively subject to these General Terms and Conditions. Terms and conditions of the user that deviate from and/or go beyond these terms and conditions will not become part of the contract.

2. Conclusion of contract, contract language

2.1 The following applies to the use of our platform services:

2.1.1. Conclusion of contract for paid services: Only when you order the service is a binding offer to conclude a corresponding contract. To place the order, go through the ordering process on the website and enter the information requested there. Before sending the order, you have the opportunity to check all order data again and correct them if necessary. Only when you send the order do you submit a binding offer to conclude a contract. We can process your offer within five days

  • Sending an order confirmation by post, fax or email, or
  • Request for payment

    accept; The time at which you receive our order confirmation or request for payment is decisive for compliance with the deadline.

2.1.2 Conclusion of contract for free services: The provision of the website does not constitute a binding offer to conclude a corresponding contract of use. Rather, a binding offer is only made when the user sends us his registration request and/or a booking via the website. We may accept this offer by confirming the user's registration or booking with a registration or booking confirmation by e-mail or by having user contributions posted on the platform.

2.1.3 Contract language Contract language is German.

3. Storage of the contract provisions

3.1.1 We store the contract terms, i.e. the booking data or order data or registration data and the present General Terms and Conditions. You can print out or save the contractual provisions by using the usual functionality of your browser (usually "Print" or "File" "Save As"). The booking data or order data or registration data are contained in the overview that is displayed in the last step of the booking or order or registration.

4. User account (registration)

4.1. When registering the user account, correct and complete information must be provided. Third-party data may not be used without their consent.

4.2. Multiple registrations are not permitted.

4.3. You are obliged to treat your access data, such as your password, confidentially, not to make them accessible to third parties, and to inform us immediately in the event of loss or unauthorized use of your access data.

5. Advertising services and prices

5.1 Formats, placements and placement periods for the advertisements as well as any special requirements and, if applicable, the respective prices are based on our service description or price list or other price list for the relevant products valid at the time the contract was concluded.

6. Ad Requirements

6.1. Accuracy and topicality: You must keep the content of your advertisements accurate and up-to-date at all times.

6.2. Hyperlinks: If your ads contain hyperlinks, you must ensure the technical availability of the target page, except also the legality of the content of the target page and the environment of the target page.

6.3. Compliance with applicable laws: It is your responsibility to ensure that your ads do not violate applicable laws. These include, for example, the prohibition of unfair, misleading or otherwise anti-competitive advertising according to the UWG, the Price Indication Ordinance or criminal law provisions.

6.4. No violation of third-party rights: Your advertisement must not violate third-party industrial property rights or third-party intellectual property rights, such as naming rights, trademark rights (brands, design patents) or copyrights. The provider assures us that he can freely dispose of the rights to the content of his advertisement that are necessary for the placement of his advertisement and that the rights of third parties do not conflict.

6.5. Imprint obligation: The provider must ensure that any advertisements he himself has entered on the platform contain an imprint, unless the advertisement is used exclusively for private or family purposes and has no effect on the market has. A clearly visible, recognizable as such and meaningfully labeled (e.g. "Imprint") link to an imprint of the provider that is available elsewhere is sufficient. The imprint must meet the imprint obligation within the meaning of § 5 Telemedia Act.

7. User Contribution Requirements

7.1. Only lawful user contributions (notifications, ratings, etc.) may be communicated on or via the platform. In particular, the user contributions and/or their posting on the platform must not infringe any third-party rights (e.g. rights to names, trademarks, copyrights, data protection, personal rights, etc.). The user assures us that he can freely dispose of the necessary rights for the posting of his user contributions on the platform and that the rights of third parties do not conflict.

7.2. User contributions, whether in the form of images or text, must not contain any depictions of violence and must not be sexually offensive. They must not contain any discriminatory, insulting, racist, slanderous or otherwise illegal or immoral statements or representations

7.3. Ratings given for providers must not contain any inaccurate statements of fact or abusive criticism and must not violate personal rights.

8. Blocking of ads

8.1. We are permitted to block ads immediately if there are indications that these or, if applicable, a target page to which the ads are redirected, or the environment of the target page, is illegal or violates the rights of third parties. For these purposes, it is to be regarded as an indication of illegality or a violation of the law if third parties take measures of any kind against us or against you and base these measures on an allegation of illegality and/or a violation of the law. The interruption of the circuit is to be lifted as soon as the suspicion of illegality or infringement has been eliminated.

8.2. We will inform you immediately about the blocking of advertisements and request you to clear up the accusation within a reasonable period of time. After the deadline has expired without result, we are entitled to an immediate right of termination.

9. Blocking of User Contributions

9.1. We are entitled to block and/or delete user contributions at any time, provided this does not conflict with your right to freedom of expression.

10. Invoicing by email

10.1. We are entitled to issue invoices by email.

11. Claims for defects (warranty)

11.1. The statutory warranty provisions apply to our warranty obligations.

12. Disclaimers and Limitations

The following applies to our liability for damages:

12.1. In the event of intent and gross negligence, including on the part of our vicarious agents, we are liable in accordance with the statutory provisions. The same applies to damage to life, limb or health caused by negligence.

12.2. In the case of negligently caused damage to property and financial losses, we are only liable for the breach of a material contractual obligation, but limited to the damage that was foreseeable and typical for the contract at the time the contract was concluded; Essential contractual obligations are those whose fulfillment enables the proper execution of the contract in the first place and on whose compliance the contractual partner may regularly rely.

12.3. Apart from that, liability on our part, regardless of the legal basis, is excluded.

12.4. The liability exclusions and limitations of the above paragraphs (1) to (3) apply mutatis mutandis to our vicarious agents.

12.1. Liability due to the assumption of a guarantee or under the Product Liability Act remains unaffected by the exclusions and limitations of liability in paragraphs (1) to (4) above.

13.Ad ranking

13.1. The ranking is based on the date an ad was placed. The user/visitor can change these parameters via the website (sorting). Top advertisements can also be booked. Again, the most recent ads appear higher in the results.

14. Choice of law, place of jurisdiction

14.1. The law of the Federal Republic of Germany. The UN sales law is excluded. This choice of law applies to a consumer only insofar as it does not restrict any mandatory statutory provisions of the state in which he has his place of residence or habitual abode.

14.2. The place of jurisdiction in transactions with merchants, legal entities under public law or special funds under public law is the registered office of our company. However, we are entitled to choose to sue at the customer's registered office.