Terms & Conditions
General Terms and Conditions
These are the terms and conditions of the bau-shop-24 GmbH, Fritz-Müller-Str.115, 73730 Esslingen (hereinafter "marketplace operator") for residential and commercial providers (hereinafter "Provider"), to provide users (hereinafter "User") questions about download and use of www.3d-arena.com or the 3d ARENA Internet platform (hereinafter "platform") and set 3D designs (hereinafter "designs").
The marketplace operator provides only the platform. Unless the provider gives third parties the possibility of downloading designs, the agreement and the granting of rights comes directly between the provider and the user.
The use of this platform and only these terms and conditions are between the marketplace operator and the provider. Terms of the provider are valid only insofar as the marketplace operator has agreed to them in writing.
For individual functions, services or areas supplementary to the platform, regulations apply. In such supplementary conditions, the provider shall first refer to the respective function or the first-time use before the execution of the the relevant service.
1. Subject of Agreement
1.1 The marketplace operator provides the provider an online platform on which he can upload and offer to download 3D designs in a virtual marketplace.
1.2 If it so happens that on the platform that contact or communication between the provider and its recipient, the extent managed communications service or ,at most, a contractual relationship between the provider and the user will be based . In this agreement, the marketplace operator is neither entitled to nor obliged on the part of the provider or on the user side. To this extent, it is two completely independent contractual relationships between the marketplace operator and the provider, which are based on these terms and between the provider and the user.
2. Registration and Conclusion of Contract
2.1 The use of the platform requires registration via the form provided.
The provider is obliged to truthfully provide the mandatory information requested during the registration.
2.2 The registration can only be completed and submitted, if the provider accepts these terms and conditions via corresponding check boxes and by confirming this is thereby added to his statement.
2.3 With the completion of this initial registration, the provider submits a binding offer to conclude an agreement to use the platform. After completing the registration, the provider receives a confirmation email to his email address provided. The delivery of this confirmation e-mail concludes the acceptance of the offer to use the platform.
2.4 The marketplace operator is entitled to refuse acceptance of the offer without giving reasons.
The use of the platform and the mobile designs is free.
The marketplace operator seeks an average availability of the portal of 98% per month. This includes calculating downtime periods of unavailability due to regular maintenance, which are performed in the time 6:00 to 8:00 in the morning, as well as unscheduled, troubleshooting necessary maintenance and disturbances of the Internet which can not be influenced by the marketplace operator.
5. Extent of Rights Granted
5.1 The provider grants the marketplace operator, the non-exclusive right to make the uploaded by the designs as part of the platform to third parties publicly available and to reproduce them for this purpose, and in particular data carriers, such as hard drives, to store, recall, or ready to keep download.
5.2. Allowed to the provider through the third party settings chosen by him to download the content, he admits that under the terms selected in each of the providers the necessary rights of reproduction, in particular the right to printing via a 3-D printer.
5.3. Currently the marketplace operator has on the platform the following license conditions for selection within the meaning of Section 2 at:
- Attribution means: Others may copy, distribute, display, produce and use via a 3D printer the respective works - and derivative works based on it - if the provider is named with the corresponding name stored on the platform.
- Non commercial use means: Others may copy, distribute, display, produce and use via a 3D printer the respective work - and derivative works based on it - if it is a non-commercial purpose.
- No Derivatives means: Others may copy the work identically, distribute, display, produce and use via a 3D printer, but no editing can be done.
5.4. According to paragraph 1, the marketplace operator is entitled to use of pictures from the uploaded content made publicly available and to be used for the application of the online service as part of company presentations and advertising materials and to reproduce them for this purpose, distribute, display, publicly accessible to make and send in any form.
5.5. The granting of the rights is continues until the designs the provider are removed from the platform. However, the granting the rights in para. 2 to 4 remain unaffected.
6. Obligations of the Provider and Indemnification
6.1 The provider is responsible for ensuring that he is the owner of the rights transferred and that it is possible for him to grant and exercise the rights provided to the licensee in § 5 of this contract . The provider is also responsible for ensuring that the designs of third party rights are free, which could hinder the contractual concession of rights.
6.2 The provider also ensures that the provided set of information does not violate legal provisions, in particular to criminal law, competition law, commercial law or trademark law provisions.
6.3 The provider provides the marketplace operator from all third party claims, in particular claims for violations of copyright or other Intellectual Property rights, which may be raised against the marketplace operator in relation to the exercise of the contractual rights, on first request. If expectant impairment of contractual rights is known by the provider, he is to immediately communicate this to the marketplace operator. The marketplace operator is entitled to take for themselves appropriate measures for defending against claims of third parties or to pursue its rights. The exemption also includes reimbursement of the costs incurred by the marketplace operator by a legal prosecution / -defense.
6.4 The provider warrants that the information provided during the registration is accurate.
6.5 The provider is required that the data transmitted to the marketplace operator or through the platform data and designs are free of computer viruses. The marketplace operator expressly reserves claims for damage caused by computer viruses or the like.
7.1 Technical defects will be fixed by the marketplace operator within a reasonable period. The marketplace operator is not responsible for disturbances within technical systems of the provider.
7.2 The provider agrees to indicate any defects or faults immediately.
8.1 The marketplace operator is liable for malice or gross negligence for any damage caused by the marketplace operator or legal representatives or agents.
8.2 In the event of injury to life, limb or health, the marketplace operator also has unlimited liability for slight negligence.
8.3 Moreover, the marketplace operator is only liable if an essential contractual obligation (cardinal obligation) has been violated. In these cases, liability is limited to compensation for the foreseeable, typically occurring damage. Para. 1 and 2 remain unaffected.
8.4 The strict liability of the marketplace operator for compensation (§ 536a BGB) for existing when the contract deficiencies is excluded. Para. 1 to 3 are not affected.
8.5 The liability for interruption, malfunction, or other injurious events that, based on the telecommunications services by the marketplace operator or third parties, for adhering the marketplace operator is limited to the amount of the marketplace operator possible recourse against the respective telecommunications provider. Liability for power outages and failures of servers that are not in their own sphere of influence is excluded. Para. 1 to 3 are not affected.
9. Duration and Termination
9.1 The contractual relationship starts with conclusion of the contract. The contract is concluded for an indefinite period. The contract may be terminated by either party with a period of two weeks to the end of a calendar month.
9.2 The right of each party to terminate the contract for an extraordinarily important reason and without notice remains unaffected. An important reason for the marketplace operator in particular in any case before, in which the provider of essential contractual obligations is contrary, in particular, the contractual obligation to comply with these terms and applicable law in the use of contractual services by the marketplace operator, and a violation even after a warning does not refer immediately or notification of the blocking of content by the marketplace operator.
10 Rights of the Marketplace Operator
10.1 The marketplace operator reserves the right to temporarily, partially, or completely restrict the use of the platform for the purpose of managing the functionality of the platform. The marketplace operator is entitled to completely disable or supplement portions of the platform so that the platform can be improved with the requirements of providers and users in accordance with time. There is no right to the maintenance of functionality, as was found by the provider at the notification stage.
10.2 The marketplace operator is entitled also cause temporary restrictions of functionality in order to effectively meet rights violations. These restrictions include in particular the temporary or permanent blocking or exclusion of individual regions, providers or users.
10.3 Content or designs that are reported by users for inappropriate content will be assessed by the marketplace operator and if affirmed will be deleted immediately and without consultation from the provider responsible.
11. Changes to these Terms and Conditions
11.1 The marketplace operator is authorized in the case of valid reasons to change individual provisions of these terms and conditions, where such changes are unreasonable for the provider (for example changes in legislation, extension of the service offer).
11.2 The marketplace operator is to draw attention to changes in the terms and conditions at least 4 weeks before the planned implementation of these changes via email. The change notification will include a reference to the possibility and the period of objection in accordance with paragraph 3 of these conditions and the importance and consequences of not objecting.
11.3 Should the provider not accept the of the application of the new contract terms within four weeks starting from the day following the notification of change, the amended terms from the provider are applied. Both parties have the right to terminate the contract properly within a timely objection.
12. Final Provisions
12.1 This contract is governed by German law, to the exclusion of the CISG.
12.2 The exclusive venue for any disputes arising from or in connection with this contract is in Stuttgart, if the provider is a merchant. The marketplace operator is entitled to collect or initiate at the general jurisdiction of agency actions or other legal proceedings.
12.3 If any provision of these terms and conditions is wholly or partially invalid, the remaining provisions shall remain unaffected.