spottster General terms and conditions

25.6.2014

Scope of Application

The vidiventi GmbH (hereinafter referred to as "spottster") operates the digital shopping list and platform spottster (www.spottster.com) on the internet. Spottster provides a cost-free digital product and price tracking service with a broad network of third-party online shops. Any user of the spottster webside can become a member of spottster by signing in and agreeing to these General Terms and Conditions as well as to the Privacy Policy of spottster. Yet, it is not necessary to be a member to visit the spottster website. In order to be able to track products and product prices, however, a user needs to register to become a spottster member. The spottster membership is free of costs and liabilites. A registration can only be executed online in the internet. As a user, you will receive personal information about impending price drops via spottster’s e-mail service, provided that you have agreed to receive these e-mails. If you dissent from the General Terms and Conditions and / or from the Privacy Policy, your membership will be terminated. Further, if you do not wish to use any of the spottster services and functions anymore, you can also terminate your membership at any time and without any cause.

Contractual Relationship

The description of products and the presentation of goods on the spottster website does not constitute a legally binding offer, but merely an invitation to private customers to order goods or services from third-party online shops. There is no legal claim to the availability and deliverability of the products advertised. Further, spottster does only provide its members with sales and product information whereas it does not act as a merchant itself. The mere usage of the spottster services or functions does not constitute a legally binding offer concerning the depicted products. Especially, no contract of sale will be created between spottster and any of its members through the usage of the spottster services and functions. In any case, contracts of sale can only be created between the member and the offering third-party but not between the member and spottster itself. Spottster does not accept any liability for the solvency and/or accuracy of the aforementioned third-parties. In case of any purchase interest on behalf of its members, spottster will instantly redirect the members to the original third-party offering. It is the member’s own responsibility to verify all significant information linked to a product purchase from a third-party and to evaluate its topicality prior to closing a contract of sales. Spottster will reserve the right to amend, supplement or terminate parts of or even the entire service provided without cause or notification, temporarily or permanently.

Term of Policy and Termination

The spottster membership is valid for an indefinite period of time. The member has the right to terminate his membership at any time without cause. Also, spottster has the right tp terminate the membership at any time and without cause. In case the member disagrees with these General Terms and Conditions, the membership will be terminated on receipt of his dissent.

Content Liabilities

Spottster has checked and uploaded its own content on the spottster website to the best of its knowledge and belief, in accordance with § 7 Abs.1 TMG. Spottster does not generally verify the content published by third parties on the spottster website. Nor does spottster generally verify other websites that can be reached by clicking on the spottster website. Thus, according to §§ 8 bis 10 TMG, no responsibility can be taken for the form, accuracy, appropriateness or quality of such content.

spottster will remove or suppress any content uploaded by third parties or refuse to provide links if spottster should find that there is any indication that the content uploaded or other websites might infringe the law or violate these General Terms and Conditions.

Links to other Websites

The spottster website contains links to other websites. We should point out that we do not influence the presentation or content of other websites. Nor can we therefore accept any liability for the up-to-dateness, correctness, completeness or quality of information provided there. spottster is not responsible for the data protection methods or contents of these sites and does not regularly monitor them. Please read the data protection declarations on these sites if you are concerned about their methods of data collection and usage.

Copyright and Rights of Use

The content provided on the spottster website is protected by the laws governing databases, copyright and trademarks. Such content may be neither copied nor disseminated nor used or copied in any manner whatsoever, without the prior agreement of the corresponding proprietors. This applies in particular to any copies made with the aid of robots, crawlers or other automatic mechanisms. Any use or modification of the services for purposes for which they were not intended is prohibited. In particular, copying or uploading of content, offers, directories, databases, etc. for commercial purposes is prohibited and will be subject to criminal and civil legal proceedings within the scope of existing legal options.

Availability

spottster offers its services and functions solely within the framework of the acknowledged state of technology. spottster may restrict the services where this is required owing to capacity limits, the security or integrity of the server or to carry out technical activities to provide for or to improve existing services (maintenance work). For technical reasons in particular, it may sometimes not be possible to make full use of the services (unforeseen system failures).

Use of Spottster

It is prohibited to use the services in a manner that violates statutory obligations, the rights of third-parties or public morals. It is furthermore prohibited to make use of the services in a manner that constitutes abuse or that may adversely affect the reputation of spottster. In particular, it is prohibited to use the services for the following purposes: to carry out and/or promote anti-competitive activities, including progressive customer recruitment (such as chain, pyramid or snowball schemes); to make use of content that is deemed pornographic or that violates youth protection laws or to advertise, offer and/or sell pornographic products or products that violate youth protection laws; to abuse our services by, for example, making use of malware such as "robot-reader", "spider-reader" or "offline-reader"; to upload content subject to copyright to our service, unless the member has the right to the use of such content or has obtained the required permission; to use the design company spottster in a manner that adversely affects the availability of our services to other users; to disseminate offensive, racist or otherwise illegal content or information via our services, including slanderous or libelous content, irrespective of whether this content concerns other users, employees of the company or other persons or companies; to use photos with a defamatory, offensive, racist or otherwise illegal or immoral content; to send out chain letters; to intercept or attempt to intercept messages; to advertise for shopping clubs; to send out messages for any commercial purpose; to make use of our services to threaten or unduly harass other people (especially by sending them spam mail) or to violate the rights of third parties (including their personal rights); to make use of the temporary e-mail addresses of so-called 10-minute mail services; and/or to publish the names, addresses, telephone or fax numbers, e-mail addresses, member names and/or other contact data of messenger services.

Supplementary Clause

If individual clauses of these General Terms and Conditions should be entirely or partially invalid or contain a loophole, this will not affect the validity of the other clauses or parts of clauses. In this event, the laws of the Federal Republic of Germany will apply.

Applicable Law and Jurisdication

Only the laws of the Federal Republic of Germany will apply, to the exclusion of the UN Convention on the Sale of Goods and any renvoi to foreign law. As a consumer, any binding regulations of the state in which you have your normal place of residence remain unaffected. I f you are a merchant, legal person under public law or a special fund governed by public law or if you do not have your general place of jurisdiction in Germany or in another EU member state, Hamburg will be the place of jurisdiction for any disputes arising from this contract.