Terms of Use

  1. Applicability and General Information
    1. These terms of use (hereafter referred to as “TOU”) apply to the usage of the online services of productz.com (hereafter referred to as “Website”) by the user (hereafter referred to as “User”). Productz.com operates from Productz MiB GmbH (hereafter referred to as “Provider”) at Linienstraße 23, 10178 Berlin, Germany.
    2. The Provider shall perform its services exclusively on the basis of this TOU, so long as nothing else has been agreed in writing between the User and the Provider. The validity of any of the User’s general business terms and conditions shall not be permitted. Such terms shall only be considered part of the Contract if expressly agreed upon in writing.
    3. The Contract language shall only be German.
    4. A current version of this TOU can be found atproductz.com/terms-of-use
    5. The Provider shall not retain a copy of these TOU and shall not make them accessible.
  2. Conclusion of Contract and Registration
    1. Upon completion of the online registration and creation of a profile, or upon the creation of content (see § 3) on the Website, a user agreement will appear.
    2. The user agreement pertains to the free usage of the online offerings on the Website, in particular the creation of content, such as product descriptions, ratings or uploaded images.
    3. Before the User is able to upload content, the User must agree to the TOU by checking a box.
    4. A user account is required for setting up a profile. This consists of a username and a password (“login details”). A user account is not required, however, to create content on the Website.
    5. The creation of a user account is only possible by supplying a valid e-mail address. This e-mail address also helps facilitate communication with the Provider.
    6. The User shall ensure that all of the information listed and stored in his account is up-to-date and correct. The use of pseudonyms is not permitted. If any of the listed data changes, then it is to be corrected.
    7. The User is not entitled to the activation of the user account. The Provider can choose not to activate without providing any reason or can undo it at anytime.
    8. The User is obligated to treat their login details carefully. It is forbidden for the User to share their login details with a third party or to provide access of their user account to a third party. The User is responsible to the Provider for the behavior of third parties to whom their login details have been shared, as well as for their own behavior. If the User suspects that their login details are being misused, the User is to immediately make the Provider aware of this.
  3. Content Creation
    1. The User is able to create content on the Website, such as product descriptions or ratings, and to upload images. The content can be created via their respective input screens. These functions are made available for free by the Provider.
    2. The User is not entitled to the continuance of individual free functions, services or sections of the Website. The Provider reserves the right to change, discontinue or charge for any or all parts of its functions, services or sections of the Website without prior notice.
    3. The Provider reserves the right to lock access to certain content, such as if there is reason to suspect that current law or the rights of a third party are being violated.
    4. The Provider shall strive to ensure that the Website operates without problems. This is of course limited to the services which reside under the control of the Provider.
    5. The Provider reserves the right, partially or totally, as well as temporarily or permanently, to limit access to the portal on account of maintenance, capacity constraints or on account of other developments that reside outside of its power.
  4. Obligations of the User
    1. The User is obligated to adhere to current laws (such as criminal, competition or youth protection laws, as well as the reporting obligations of the German Teleservices Act) when creating and publishing content on the Website, and not to use the information of third parties without their consent and not to violate the rights of third parties (e.g. naming, brand, copyright and data privacy laws). In particular, this applies to the creation and publication of links on the Website. In particular, the publication of content which concerns, represents or contains
      • Racism
      • The glorification of violence or any type of extremism
      • Calls for or incitement of crimes and legal violations or threats against any person or property
      • Hostility towards any persons or companies
      • Damaging statements about or slander, libel or defamation of users or third parties, as well as violations of competition law
      • Copyright infringement or other violations of intellectual property rights
      • Sexual harassment of users or third parties
      • Pornography
      • Indecent, sexist, obscene, vulgar, hateful or offensive content
      • Religious missionary work
      is not permitted.
    2. Copyrighted content can only be used without the approval of the rightsholder if used verbatim within the context of quotation rights. Quotations are to be emphasized as such and to provide the proper source. Quotations from other languages must also be translated into German, so that their content can be generally understood. In particular, incorrectly attributed or untranslated quotations can be corrected or removed by the Provider.
    3. Before publishing images or videos, the User is obligated, as according to the provisions of copyright law and the German Act on Copyright and Related Rights, to acquire the required approval of the parties concerned, particularly of photographers and persons featured.
    4. The User must refrain from all activity that may impair and/or severely hamper the operation of the Website, the services provided and/or the underlying technical infrastructure. This includes, in particular
      • The use of software, scripts or databases in conjunction with use of the Website
      • Automatic reading, blocking, overwriting, modification, or copying of data, so long as this is not necessary for proper use of the Website
    5. The User is forbidden from the unauthorized continued use, reproduction and/or publication of any data retrieved from the Website.
    6. The User may not use, either in part or in whole, data received from or made accessible on the Website
      • To create any form of database and/or
      • For commercial data evaluation or information exchange and/or
      • For any other commercial purposes
    7. Should the User encounter any disruptions in the operation or functions of the portal, the User is to notify the Provider of this disruption immediately. The same applies if the User learns of the content of a third party that has been published and which evidently violates the code of conduct in § 4.
    8. In the event that a hyperlink leads to the page of a third party, the User is to ensure that they have the right to use the hyperlink and that the target website (the “landing page”) is in concordance with the rights of third parties as according to § 5 Para 1.
    9. Without the express permission of the Provider, the User may only use the Website for private purposes and not for advertising for their self or for third parties.
  5. Usage Rights
    1. The User grants the Provider an irrevocable, unrestricted, non-exclusive, and free of charge usage right to the content created, namely descriptions, comments and posts, to be published on the Website. The Provider is always entitled to use, process and edit this data. This includes, in particular, the right to reproduction, the right to distribution, the right to public reproduction, namely the right to make the data publicly accessible and the right to give a usage license to a third party. The User forgoes copyright privileges. This Contract does not affect the the User’s opportunity to grant third parties the rights to published data, as according to certain licensing models. The Provider is not obligated to delete published data in the event that this Contract is cancelled and/or that the user account is deleted by way of attorney.
    2. The usage rights of works published and created by the Provider remain the Provider’s exclusively. The reproduction and/or usage of any such graphics, audio files, videos, text etc. in other electronic or print publications is not permitted without the express approval of the Provider.
  6. Guarantee and Liability
    1. The Provider does not review the data and links published to the Website by the User and others before publication. The Provider is therefore not able to guarantee the validity, accuracy, responsibility, up-to-dateness, appropriateness and/or completeness of the data published to the Website by the User. The Provider does not take ownership of the content published. The User is not entitled to any freedom from defects relating to the published data. The Provider has a “report problem” feature available on the website, with which supposed legal violations and incorrect data can be reported. The Provider reserves the right to review at its own discretion.
    2. Unlimited liability: the Provider assumes unlimited liability for intent and gross negligence as well as the liability outlined in the Act on Liability for Defective Products. For slight negligence, the Provider assumes liability for damages resulting from fatalities, injuries and health violations.
    3. Otherwise, the following limited liability is assumed: for slight negligence, the Provider assumes liability in cases that include violations of a significant contractual obligation, the fulfillment of which makes the proper execution of the Contract possible and the adherence of which the User should be able to rely on (cardinal obligation). For slight negligence liability, the damages amount is limited to the damages foreseeable after the conclusion of the Contract and must be calculated in a typical fashion.
    4. This limitation of liability also applies for the agents of the Provider.
    5. The User assumes liability for all activities that take place under the usage of their account. The User does not assume responsibility if the misuse of the account is not their fault because they have not violated their obligation to exercise diligence.
  7. Exemption

    The User exempts the Provider and its employees and/or representatives from claims concerning the supposed or actual violation of rights and/or all claims resulting from the violation of the rights of a third party in relation to activities pertaining to usage of the Website. Furthermore, the User is obligated to cover all costs that arise for the Provider from the claims of third parties. The eligible costs also include the costs for an appropriate legal defense.

  8. Termination
    1. The contractual relationships between the users and the Provider run for an indefinite period and can be terminated at any time without a notice period and without providing any reason.
    2. In addition, the right of the parties to the extraordinary termination for just cause remains unaffected.
    3. In the event of a termination, the User will no longer have access to their user account and their content.
  9. Changes to the TOU

    The Provider is entitled to change or to supplement the TOU with appropriate notice. The Provider will notify the registered User about changes or additions to these TOU in text by e-mail or upon logging in, without the altered individual terms or the entire new version of terms needing to be sent or outlined; it is sufficient for the notice about the change to be a link to the changed TOU. If the User does not object to the change within 14 days after having learned of the new text, this is considered agreement to the change; the Provider will always clarify this fact for the User in the change notification. Should the User object within the deadline, the Provider is entitled to terminate usage at the time from which the altered or added business terms come into effect, but at least two weeks after the expiry of the objection deadline. Reference § 8 for the arrangements of termination.

  10. Final Provisions
    1. Should the Contract contain ineffective provisions, the effectiveness of the overall Contract shall remain unaffected.
    2. If the User is a merchant, a legal entity of public law or of special fund under the law, Berlin shall be the place of jurisdiction for all disputes arising from or in connection to the contracts between the User and the Provider.
    3. For any disputes that arise with our customers, we always endeavor to come to a mutual resolution. Furthermore, we are not obligated to participate in a dispute settlement via consumer arbitration and cannot offer you our participation in such a procedure. However, the platform of the EU commission is always available to you for extralegal settlements. The EU commission’s website for online settlements is accessible at the following link:www.ec.europa.eu/consumers/odr