Terms of Service
General Terms and Conditions of the advertising agency Halbritter Media
§ 1 SCOPE
For the business relationship as well as for all future business between Thomas Halbritter with Halbritter Media, Rathausstraße 41, 84082 Laberweinting, Germany (hereinafter referred to as Halbritter Media), and the purchasers, the following General Terms and Conditions apply exclusively in their version valid at the time of the order or at the time of the conclusion of the contract. Halbritter Media recognizes deviating conditions of the orderer only if this was agreed upon expressly and in writing. Agreements made with the customer in individual cases (including subsidiary agreements, supplements and amendments) always take precedence over these terms and conditions.
§ 2 APPLICABLE LAW AND PLACE OF JURISDICTION
(1) The business relations between Halbritter Media and the customer are subject to the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods.
(2) The place of jurisdiction shall be Straubing, provided that the Purchaser is a merchant or a legal entity under public law or a special fund under public law.
(3) Contract language is German. (English translation under usevisuals.com/legal/tos).
§ 3 CONCLUSION OF CONTRACT, DELIVERY AND PERFORMANCE
(1) The contract is concluded by the acceptance of the customer's order. Price markings in the online store and the website do not constitute an offer in the legal sense. Halbritter Media is entitled to accept the offer made by the order within 2 days by sending an order confirmation. The receipt and acceptance of the order will be confirmed to the customer by e-mail.
(2) Together with the order confirmation, the Seller shall send the Customer the text of the contract as well as these General Terms and Conditions and the cancellation policy.
(3) Unless otherwise agreed, digital products and services shall be delivered via e-mail.
(4) Halbritter Media is entitled to entrust other companies with the execution of orders or parts of orders. Creditor of the remuneration claim remains in these cases Halbritter Media.
(5) Halbritter Media reserves the right to withdraw from the contract if a delay in delivery or performance caused by unforeseen circumstances and obstacles, in particular force majeure, government measures, non-granting of official permits, labor disputes of any kind, sabotage, lasts longer than six weeks and this is not the responsibility of Halbritter Media.
(6) In the event of delay in acceptance, Halbritter Media has the right, in addition to the claim for payment, either to determine a new delivery or performance date or to withdraw from the contract. In the event of non-acceptance, Halbritter Media can claim damages in the amount of 15% of the contractual remuneration.
(7) If the customer changes or cancels orders, work, planning and the like, or changes the conditions for the provision of services, he will reimburse Halbritter Media all costs incurred as a result and release Halbritter Media from all liabilities to third parties.
§ 4 RIGHTS OF USE
(1) The customer acquires with the full payment for the duration and to the extent of the contract the rights of use of all works produced by Halbritter Media under this contract, to the extent that the transfer is possible under German law or the actual circumstances (especially for music, film and photography rights), for use in the territory of the Federal Republic of Germany.
(2) Halbritter Media hereby grants you a non-exclusive, non-transferable, revocable license to use the purchased digital products for your personal or internal business purposes. This license is subject to the terms and conditions set forth in this agreement.
(3) You are expressly prohibited from copying, distributing, sharing, or otherwise disseminating any digital product purchased from Halbritter Media, in whole or in part, to any third party. This includes, but is not limited to, distributing the digital product via file-sharing networks, hosting it on a server for public or private access, or sharing it with individuals who have not independently purchased a license
(4) The use of the purchased digital products is strictly limited to the number of licenses purchased. Each license allows for the use of the product by one user only. You must not allow more users to access or use the digital products than the number of licenses you have purchased. If multiple individuals require access to the digital product, you must purchase a corresponding number of licenses.
(5) Halbritter Media reserves the right to monitor compliance with these terms. Any unauthorized use, distribution, or duplication of the digital products will be considered a breach of this agreement and may result in immediate license termination and legal action.
(6) Violation of these terms may lead to the immediate revocation of your license, legal action for infringement, and compensation for damages caused to Halbritter Media due to unauthorized distribution or use.
§ 5 TERMS OF PAYMENT
(1) When ordering goods, the list prices generally applicable at the time of delivery apply, unless expressly agreed otherwise in writing. In the recipient country for the transaction levied taxes, taxes, etc. Halbritter Media does not assume. Customs increases, etc. after the conclusion of the contract are borne by the customer. In the case of brochure information, changes are expressly reserved.
(2) Deliveries of goods are payable immediately after the invoice date without deduction, unless other payment terms are agreed in writing. Halbritter Media reserves the right to generally deliver cash on delivery. Checks, bills of exchange and other means of payment are only accepted on account of performance and do not change the due date, whereby costs are borne by the customer. If the seat of the customer is outside Germany, Halbritter Media delivers only against prepayment. The delivery of goods purchased at Internet auctions to the customer takes place in advance 10 working days instruction of payment by the customer.
(3) Remuneration for services rendered shall be payable by the Purchaser immediately after the invoice date without deduction, unless other payment terms have been agreed in writing. Checks, bills of exchange and other means of payment shall only be accepted on account of performance and shall not change the due date, whereby costs shall be borne by the Purchaser.
(4) If the invoice is issued without sales tax, the change of tax liability (reverse charge
of liability for tax (reverse charge procedure) applies or we are not yet registered for VAT in the country you are based in. The sales tax must be declared and paid by the recipient of the service.
§ 6 RESERVATION OF OWNERSHIP
(1) The delivered goods remain the property of Halbritter Media until the fulfillment of all claims arising from the contract, in the event that the customer is a legal entity under public law, special assets under public law or an entrepreneur in the exercise of his commercial or independent professional activity, also beyond that from the current business relationship until the settlement of all claims to which Halbritter Media is entitled in connection with the contract.
(2) In case of default of payment by the customer, also from other and future deliveries or services by Halbritter Media, or in case of financial collapse of the customer, Halbritter Media can withdraw from the contract and is entitled to enter the business premises of the customer and take the goods subject to retention of title. In the case of a compensation after redemption Halbritter Media and the customer agree that this is at the usual market value of the subject matter of the contract at the time of redemption. The customer bears all costs of repossession and exploitation; exploitation costs are agreed without proof at 5% of the usual sales value, whereby an increase or reduction is possible upon proof by Halbritter Media or by the customer.
(3) The assertion of the reservation of title or the seizure of the delivery item by Halbritter Media is not considered a withdrawal from the contract, provided that the customer is a merchant.
(4) Items delivered and digital products shipped for test and demonstration purposes remain the property of Halbritter Media. They may only be used by the customer beyond the test and demonstration purpose on the basis of a separate written agreement.
§ 7 RIGHT OF RETENTION
The Purchaser shall only be entitled to exercise a right of retention to the extent that its counterclaim is based on the same contractual relationship.
§ 8 LIABILITY FOR DEFECTS
(1) The information provided by Halbritter Media in type lists, brochures, printed materials and on the website do not constitute a guarantee of quality in the sense of § 443 BGB.
(2) Special technical requirements and intended uses must be specified conclusively in writing when the order is placed and must be confirmed in writing by Halbritter Media. In this case, the customer is obliged to accept.
(3) Upon receipt, the Purchaser shall immediately inspect the goods in accordance with all technical requirements and reasonable inspection methods, if necessary also at its customers' premises, in any case before production. If defects only become apparent at the start of production, this must be stopped immediately.
(4) In all cases Halbritter Media must be notified immediately in writing. The customer gives Halbritter Media the opportunity for inspection, including inspection, execution of test runs and inspection of the documents. Quality defects are to be reported conclusively and sufficiently specified immediately.
(5) If the delivered goods are defective, the customer shall be entitled to rectification of defects. If this is impossible, failed or unreasonably delayed, the customer may demand a reduction in price or withdraw from the contract. If with respect to a product the manufacturer maintains a repair facility in the vicinity, Halbritter Media can refer the customer to have the repair carried out at this location (right of Halbritter Media to determine the error and remedy). This does not affect the statutory warranty rights of the customer.
(6) All refunds for duties paid are due to Halbritter Media and the Customer agrees to provide and assist Halbritter Media with the documentation necessary to obtain such refunds.
§ 9 LIABILITY
(1) Outside the liability for material defects and defects of title Halbritter Media is liable without limitation, provided that the cause of damage is based on intent or gross negligence. Halbritter Media is also liable for the slightly negligent breach of essential obligations (obligations whose breach jeopardizes the achievement of the purpose of the contract) and for the breach of cardinal obligations (obligations whose fulfillment makes the proper execution of the contract possible in the first place and on whose compliance the customer regularly relies), but in each case only for the foreseeable, contract-typical damage. Halbritter Media is not liable for the slightly negligent breach of obligations other than the above.
(2) The limitations of liability of the preceding paragraph shall not apply in case of injury to life, body and health, for a defect after assumption of a guarantee for the quality of the product and in case of fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.
(3) If the liability of Halbritter Media is excluded or limited, this also applies to the personal liability of its employees, representatives and agents.
(4) The risk of the legal admissibility of project measures carried out shall be borne by the Customer. This applies in particular in the event that advertising measures or other orders violate the provisions of competition law, copyright and special advertising laws. However, Halbritter Media is obliged to point out legal risks, if these become known during the preparation. The customer indemnifies Halbritter Media from claims by third parties if Halbritter Media has acted after notification of concerns regarding the permissibility of the advertising measures at the express request of the customer.
(5) If Halbritter Media considers a legal examination by a particularly competent person or institution to be necessary for the measures to be carried out, the customer shall bear the costs after consultation.
(6) In no case is Halbritter Media liable because of the factual statements contained in the advertising measures about products and services of the customer. Halbritter Media is also not liable for the patent, copyright and trademark protection or registrability of the ideas, suggestions, proposals, concepts, designs, etc. supplied under the contract.
(7) Halbritter Media cannot be held liable for any damages or legal consequences resulting from copyright infringement caused by the use of our products. Your use of our products, whether free or paid, constitutes your acceptance of this statement, and you are responsible for any associated costs or damages stemming from copyright infringement that are caused by you or our products. This applies universally, including within the USA, Canada, and US territories.
(8) Halbritter Media and its directors, employees, members, independent contractors or agents shall not be liable to Customer or any third party for any direct, indirect, consequential, incidental, special or punitive damages, including lost profits, lost revenues, lost data, attorneys' fees, court costs, fines, forfeitures or other damages or losses arising out of Customer's use of the Site. Customer agrees to defend, indemnify and hold harmless Halbritter Media, affiliated companies and all respective officers, members, agents, partners, employees and independent contractors from and against any loss, damage, liability, claim or demand, including reasonable attorneys' fees and costs, made by any third party due to or arising out of:
Use of the Website;
Violation of these Terms of Use;
a breach of Customer's representations and warranties contained herein;
(4) Customer's infringement of any third party rights, including but not limited to intellectual property rights. Notwithstanding the foregoing, Halbritter Media reserves the right, at Customer's expense, to control and defend any matter for which Customer is required to indemnify Halbritter Media under this Agreement. Customer agrees to cooperate in the defense of any such claim.
§ 10 DATA PROTECTION
(1) The customer is aware and agrees that the personal data required to process the order will be stored by Halbritter Media on data carriers. The customer expressly agrees to the collection, processing and use of his personal data. The stored personal data will be treated confidentially by Halbritter Media. The collection, processing and use of personal data of the customer is in compliance with the Federal Data Protection Act (BDSG), the Telemedia Act (TMG) and the privacy policy of Halbritter Media (usevisuals.com/legal/privacy-policy).
(2) The customer has the right to revoke his consent at any time with effect for the future. In this case, Halbritter Media is obliged to immediately delete the personal data of the customer. In the case of ongoing order processes, the deletion takes place after completion of the order process.
§ 11 INTELLECTUAL PROPERTY RIGHTS
The Site is owned by Halbritter Media, and all software, features, designs, trademarks, logos, audio and video files, and text of any kind and regardless of format (collectively or individually referred to herein as "Content") are owned and controlled by Halbritter Media. They are protected by copyright and trademark laws and all other applicable intellectual property laws or regulations of the Federal Republic of Germany, foreign jurisdictions and international conventions.
No part of the website may be copied, reproduced or transmitted without the express written consent of Halbritter Media. Halbritter Media reserves all rights to the website, the content and the trademarks.
§ 12 Assurances of the users
By using the Website, Customer represents and warrants that: Customer has legal capacity and agrees to comply with these Terms of Use; Customer is not a minor; Customer does not access the Website through automated or non-human means; Customer does not use the Website for any illegal or unauthorized purpose; Customer's use of the Website does not violate any applicable law or regulation.
§ 13 Return and refund
Halbritter Media is committed to customer satisfaction and provides a refund policy for all digital products. If for any reason you are not satisfied with your purchase, you are entitled to a full refund within 14 days of the purchase date. Please note that upon issuing a refund, you will immediately lose all licenses granted to you for the digital products you have purchased. This means you must cease using the products. Halbritter Media reserves the right to verify the eligibility of the digital product for a refund and to refuse any refund request that does not comply with our terms of service.
Should the customer request a refund during the first month of use, all materials created by Halbritter Media are the property of Halbritter Media and may not be used by the customer in any way. Halbritter Media reserves the right to take appropriate legal action against the customer for violations of this paragraph.
§ 14 Electronic delivery of materials
Customer hereby consents to receive electronic communications from Halbritter Media, and Customer agrees that all agreements, notices, disclosures, and other communications sent by email or through the Site will comply with the legal requirements that such communications be in writing.
Customer agrees to the use of electronic signatures, contracts, purchase orders and other records. Customer agrees to electronic delivery of notices, policies and records of transactions initiated or completed by Halbritter Media or through the Website.
§ 15 COMMUNICATION
Upon completing a purchase with Halbritter Media, you agree to receive periodic updates, including but not limited to, information about the product you purchased, enhancements, tips, and other relevant news. These emails are designed to enhance your experience with our product and keep you informed about the latest developments.
You can choose to unsubscribe from these communications at any time by following the unsubscribe link in any of our emails. Please note that opting out of these emails may impact your ability to receive important updates and information about your purchase.
By agreeing to these terms, you acknowledge and consent to receive these types of email communications from Halbritter Media as part of your purchase experience.
§ 16 Presentation of the work
Halbritter Media reserves the right to publish its work on digital channels, including social media, websites, etc., unless otherwise agreed. The customer reserves the right to conclude a non-disclosure agreement between himself and Halbritter Media. In this case, Halbritter Media refrains from presenting its work.
§ 17 SPONSORSHIPS
(1) Halbritter Media, including its email lists and social media accounts, as well as those of its founder, Thomas Halbritter, offers sponsorship opportunities to businesses and individuals. These sponsorships may include, but are not limited to, the promotion of products, services, or messages through various digital channels managed by Halbritter Media.
(2) Halbritter Media commits to using its best efforts to accurately and effectively deliver the marketing message of our sponsors as provided to us. We will work diligently to ensure that your message is communicated clearly and in alignment with the guidelines and specifications provided by you.
(3) While Halbritter Media strives to avoid errors in promoting sponsors' messages, the company acknowledges that errors may occasionally occur. In the event of an error in the delivery of a marketing message attributable to Halbritter Media, our liability shall be limited to, at our discretion, either a proportionate refund of the sponsorship fee or a correction of the error in a subsequent communication. Halbritter Media shall not be liable for any indirect, incidental, consequential, or special damages arising from any error in the delivery of the marketing message.
(4) Sponsors acknowledge that, except as provided in section § 16(3), all sponsorship fees are non-refundable. Halbritter Media shall not be obligated to issue refunds or accept chargebacks for issues not related to errors directly attributable to Halbritter Media's actions or omissions.
(5) It is the responsibility of the sponsor to provide accurate and complete information regarding their marketing message. Halbritter Media is not responsible for errors or omissions in the content provided by the sponsor.
The terms of service are based on German law and have been machine-translated into English.
General Terms and Conditions of the advertising agency Halbritter Media
§ 1 SCOPE
For the business relationship as well as for all future business between Thomas Halbritter with Halbritter Media, Rathausstraße 41, 84082 Laberweinting, Germany (hereinafter referred to as Halbritter Media), and the purchasers, the following General Terms and Conditions apply exclusively in their version valid at the time of the order or at the time of the conclusion of the contract. Halbritter Media recognizes deviating conditions of the orderer only if this was agreed upon expressly and in writing. Agreements made with the customer in individual cases (including subsidiary agreements, supplements and amendments) always take precedence over these terms and conditions.
§ 2 APPLICABLE LAW AND PLACE OF JURISDICTION
(1) The business relations between Halbritter Media and the customer are subject to the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods.
(2) The place of jurisdiction shall be Straubing, provided that the Purchaser is a merchant or a legal entity under public law or a special fund under public law.
(3) Contract language is German. (English translation under usevisuals.com/legal/tos).
§ 3 CONCLUSION OF CONTRACT, DELIVERY AND PERFORMANCE
(1) The contract is concluded by the acceptance of the customer's order. Price markings in the online store and the website do not constitute an offer in the legal sense. Halbritter Media is entitled to accept the offer made by the order within 2 days by sending an order confirmation. The receipt and acceptance of the order will be confirmed to the customer by e-mail.
(2) Together with the order confirmation, the Seller shall send the Customer the text of the contract as well as these General Terms and Conditions and the cancellation policy.
(3) Unless otherwise agreed, digital products and services shall be delivered via e-mail.
(4) Halbritter Media is entitled to entrust other companies with the execution of orders or parts of orders. Creditor of the remuneration claim remains in these cases Halbritter Media.
(5) Halbritter Media reserves the right to withdraw from the contract if a delay in delivery or performance caused by unforeseen circumstances and obstacles, in particular force majeure, government measures, non-granting of official permits, labor disputes of any kind, sabotage, lasts longer than six weeks and this is not the responsibility of Halbritter Media.
(6) In the event of delay in acceptance, Halbritter Media has the right, in addition to the claim for payment, either to determine a new delivery or performance date or to withdraw from the contract. In the event of non-acceptance, Halbritter Media can claim damages in the amount of 15% of the contractual remuneration.
(7) If the customer changes or cancels orders, work, planning and the like, or changes the conditions for the provision of services, he will reimburse Halbritter Media all costs incurred as a result and release Halbritter Media from all liabilities to third parties.
§ 4 RIGHTS OF USE
(1) The customer acquires with the full payment for the duration and to the extent of the contract the rights of use of all works produced by Halbritter Media under this contract, to the extent that the transfer is possible under German law or the actual circumstances (especially for music, film and photography rights), for use in the territory of the Federal Republic of Germany.
(2) Halbritter Media hereby grants you a non-exclusive, non-transferable, revocable license to use the purchased digital products for your personal or internal business purposes. This license is subject to the terms and conditions set forth in this agreement.
(3) You are expressly prohibited from copying, distributing, sharing, or otherwise disseminating any digital product purchased from Halbritter Media, in whole or in part, to any third party. This includes, but is not limited to, distributing the digital product via file-sharing networks, hosting it on a server for public or private access, or sharing it with individuals who have not independently purchased a license
(4) The use of the purchased digital products is strictly limited to the number of licenses purchased. Each license allows for the use of the product by one user only. You must not allow more users to access or use the digital products than the number of licenses you have purchased. If multiple individuals require access to the digital product, you must purchase a corresponding number of licenses.
(5) Halbritter Media reserves the right to monitor compliance with these terms. Any unauthorized use, distribution, or duplication of the digital products will be considered a breach of this agreement and may result in immediate license termination and legal action.
(6) Violation of these terms may lead to the immediate revocation of your license, legal action for infringement, and compensation for damages caused to Halbritter Media due to unauthorized distribution or use.
§ 5 TERMS OF PAYMENT
(1) When ordering goods, the list prices generally applicable at the time of delivery apply, unless expressly agreed otherwise in writing. In the recipient country for the transaction levied taxes, taxes, etc. Halbritter Media does not assume. Customs increases, etc. after the conclusion of the contract are borne by the customer. In the case of brochure information, changes are expressly reserved.
(2) Deliveries of goods are payable immediately after the invoice date without deduction, unless other payment terms are agreed in writing. Halbritter Media reserves the right to generally deliver cash on delivery. Checks, bills of exchange and other means of payment are only accepted on account of performance and do not change the due date, whereby costs are borne by the customer. If the seat of the customer is outside Germany, Halbritter Media delivers only against prepayment. The delivery of goods purchased at Internet auctions to the customer takes place in advance 10 working days instruction of payment by the customer.
(3) Remuneration for services rendered shall be payable by the Purchaser immediately after the invoice date without deduction, unless other payment terms have been agreed in writing. Checks, bills of exchange and other means of payment shall only be accepted on account of performance and shall not change the due date, whereby costs shall be borne by the Purchaser.
(4) If the invoice is issued without sales tax, the change of tax liability (reverse charge
of liability for tax (reverse charge procedure) applies or we are not yet registered for VAT in the country you are based in. The sales tax must be declared and paid by the recipient of the service.
§ 6 RESERVATION OF OWNERSHIP
(1) The delivered goods remain the property of Halbritter Media until the fulfillment of all claims arising from the contract, in the event that the customer is a legal entity under public law, special assets under public law or an entrepreneur in the exercise of his commercial or independent professional activity, also beyond that from the current business relationship until the settlement of all claims to which Halbritter Media is entitled in connection with the contract.
(2) In case of default of payment by the customer, also from other and future deliveries or services by Halbritter Media, or in case of financial collapse of the customer, Halbritter Media can withdraw from the contract and is entitled to enter the business premises of the customer and take the goods subject to retention of title. In the case of a compensation after redemption Halbritter Media and the customer agree that this is at the usual market value of the subject matter of the contract at the time of redemption. The customer bears all costs of repossession and exploitation; exploitation costs are agreed without proof at 5% of the usual sales value, whereby an increase or reduction is possible upon proof by Halbritter Media or by the customer.
(3) The assertion of the reservation of title or the seizure of the delivery item by Halbritter Media is not considered a withdrawal from the contract, provided that the customer is a merchant.
(4) Items delivered and digital products shipped for test and demonstration purposes remain the property of Halbritter Media. They may only be used by the customer beyond the test and demonstration purpose on the basis of a separate written agreement.
§ 7 RIGHT OF RETENTION
The Purchaser shall only be entitled to exercise a right of retention to the extent that its counterclaim is based on the same contractual relationship.
§ 8 LIABILITY FOR DEFECTS
(1) The information provided by Halbritter Media in type lists, brochures, printed materials and on the website do not constitute a guarantee of quality in the sense of § 443 BGB.
(2) Special technical requirements and intended uses must be specified conclusively in writing when the order is placed and must be confirmed in writing by Halbritter Media. In this case, the customer is obliged to accept.
(3) Upon receipt, the Purchaser shall immediately inspect the goods in accordance with all technical requirements and reasonable inspection methods, if necessary also at its customers' premises, in any case before production. If defects only become apparent at the start of production, this must be stopped immediately.
(4) In all cases Halbritter Media must be notified immediately in writing. The customer gives Halbritter Media the opportunity for inspection, including inspection, execution of test runs and inspection of the documents. Quality defects are to be reported conclusively and sufficiently specified immediately.
(5) If the delivered goods are defective, the customer shall be entitled to rectification of defects. If this is impossible, failed or unreasonably delayed, the customer may demand a reduction in price or withdraw from the contract. If with respect to a product the manufacturer maintains a repair facility in the vicinity, Halbritter Media can refer the customer to have the repair carried out at this location (right of Halbritter Media to determine the error and remedy). This does not affect the statutory warranty rights of the customer.
(6) All refunds for duties paid are due to Halbritter Media and the Customer agrees to provide and assist Halbritter Media with the documentation necessary to obtain such refunds.
§ 9 LIABILITY
(1) Outside the liability for material defects and defects of title Halbritter Media is liable without limitation, provided that the cause of damage is based on intent or gross negligence. Halbritter Media is also liable for the slightly negligent breach of essential obligations (obligations whose breach jeopardizes the achievement of the purpose of the contract) and for the breach of cardinal obligations (obligations whose fulfillment makes the proper execution of the contract possible in the first place and on whose compliance the customer regularly relies), but in each case only for the foreseeable, contract-typical damage. Halbritter Media is not liable for the slightly negligent breach of obligations other than the above.
(2) The limitations of liability of the preceding paragraph shall not apply in case of injury to life, body and health, for a defect after assumption of a guarantee for the quality of the product and in case of fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.
(3) If the liability of Halbritter Media is excluded or limited, this also applies to the personal liability of its employees, representatives and agents.
(4) The risk of the legal admissibility of project measures carried out shall be borne by the Customer. This applies in particular in the event that advertising measures or other orders violate the provisions of competition law, copyright and special advertising laws. However, Halbritter Media is obliged to point out legal risks, if these become known during the preparation. The customer indemnifies Halbritter Media from claims by third parties if Halbritter Media has acted after notification of concerns regarding the permissibility of the advertising measures at the express request of the customer.
(5) If Halbritter Media considers a legal examination by a particularly competent person or institution to be necessary for the measures to be carried out, the customer shall bear the costs after consultation.
(6) In no case is Halbritter Media liable because of the factual statements contained in the advertising measures about products and services of the customer. Halbritter Media is also not liable for the patent, copyright and trademark protection or registrability of the ideas, suggestions, proposals, concepts, designs, etc. supplied under the contract.
(7) Halbritter Media cannot be held liable for any damages or legal consequences resulting from copyright infringement caused by the use of our products. Your use of our products, whether free or paid, constitutes your acceptance of this statement, and you are responsible for any associated costs or damages stemming from copyright infringement that are caused by you or our products. This applies universally, including within the USA, Canada, and US territories.
(8) Halbritter Media and its directors, employees, members, independent contractors or agents shall not be liable to Customer or any third party for any direct, indirect, consequential, incidental, special or punitive damages, including lost profits, lost revenues, lost data, attorneys' fees, court costs, fines, forfeitures or other damages or losses arising out of Customer's use of the Site. Customer agrees to defend, indemnify and hold harmless Halbritter Media, affiliated companies and all respective officers, members, agents, partners, employees and independent contractors from and against any loss, damage, liability, claim or demand, including reasonable attorneys' fees and costs, made by any third party due to or arising out of:
Use of the Website;
Violation of these Terms of Use;
a breach of Customer's representations and warranties contained herein;
(4) Customer's infringement of any third party rights, including but not limited to intellectual property rights. Notwithstanding the foregoing, Halbritter Media reserves the right, at Customer's expense, to control and defend any matter for which Customer is required to indemnify Halbritter Media under this Agreement. Customer agrees to cooperate in the defense of any such claim.
§ 10 DATA PROTECTION
(1) The customer is aware and agrees that the personal data required to process the order will be stored by Halbritter Media on data carriers. The customer expressly agrees to the collection, processing and use of his personal data. The stored personal data will be treated confidentially by Halbritter Media. The collection, processing and use of personal data of the customer is in compliance with the Federal Data Protection Act (BDSG), the Telemedia Act (TMG) and the privacy policy of Halbritter Media (usevisuals.com/legal/privacy-policy).
(2) The customer has the right to revoke his consent at any time with effect for the future. In this case, Halbritter Media is obliged to immediately delete the personal data of the customer. In the case of ongoing order processes, the deletion takes place after completion of the order process.
§ 11 INTELLECTUAL PROPERTY RIGHTS
The Site is owned by Halbritter Media, and all software, features, designs, trademarks, logos, audio and video files, and text of any kind and regardless of format (collectively or individually referred to herein as "Content") are owned and controlled by Halbritter Media. They are protected by copyright and trademark laws and all other applicable intellectual property laws or regulations of the Federal Republic of Germany, foreign jurisdictions and international conventions.
No part of the website may be copied, reproduced or transmitted without the express written consent of Halbritter Media. Halbritter Media reserves all rights to the website, the content and the trademarks.
§ 12 Assurances of the users
By using the Website, Customer represents and warrants that: Customer has legal capacity and agrees to comply with these Terms of Use; Customer is not a minor; Customer does not access the Website through automated or non-human means; Customer does not use the Website for any illegal or unauthorized purpose; Customer's use of the Website does not violate any applicable law or regulation.
§ 13 Return and refund
Halbritter Media does not offer returns or refunds. The customer can interrupt or cancel his subscription at any time. The customer pays in full for a given period of time, without the funds being prorated. Should the customer request a refund during the first month of use, all materials created by Halbritter Media are the property of Halbritter Media and may not be used by the customer in any way. Halbritter Media reserves the right to take appropriate legal action against the customer for violations of this paragraph.
§ 14 Electronic delivery of materials
Customer hereby consents to receive electronic communications from Halbritter Media, and Customer agrees that all agreements, notices, disclosures, and other communications sent by email or through the Site will comply with the legal requirements that such communications be in writing.
Customer agrees to the use of electronic signatures, contracts, purchase orders and other records. Customer agrees to electronic delivery of notices, policies and records of transactions initiated or completed by Halbritter Media or through the Website.
§ 15 COMMUNICATION
Upon completing a purchase with Halbritter Media, you agree to receive periodic updates, including but not limited to, information about the product you purchased, enhancements, tips, and other relevant news. These emails are designed to enhance your experience with our product and keep you informed about the latest developments.
You can choose to unsubscribe from these communications at any time by following the unsubscribe link in any of our emails. Please note that opting out of these emails may impact your ability to receive important updates and information about your purchase.
By agreeing to these terms, you acknowledge and consent to receive these types of email communications from Halbritter Media as part of your purchase experience.
§ 16 Presentation of the work
Halbritter Media reserves the right to publish its work on digital channels, including social media, websites, etc., unless otherwise agreed. The customer reserves the right to conclude a non-disclosure agreement between himself and Halbritter Media. In this case, Halbritter Media refrains from presenting its work.
§ 17 SPONSORSHIPS
(1) Halbritter Media, including its email lists and social media accounts, as well as those of its founder, Thomas Halbritter, offers sponsorship opportunities to businesses and individuals. These sponsorships may include, but are not limited to, the promotion of products, services, or messages through various digital channels managed by Halbritter Media.
(2) Halbritter Media commits to using its best efforts to accurately and effectively deliver the marketing message of our sponsors as provided to us. We will work diligently to ensure that your message is communicated clearly and in alignment with the guidelines and specifications provided by you.
(3) While Halbritter Media strives to avoid errors in promoting sponsors' messages, the company acknowledges that errors may occasionally occur. In the event of an error in the delivery of a marketing message attributable to Halbritter Media, our liability shall be limited to, at our discretion, either a proportionate refund of the sponsorship fee or a correction of the error in a subsequent communication. Halbritter Media shall not be liable for any indirect, incidental, consequential, or special damages arising from any error in the delivery of the marketing message.
(4) Sponsors acknowledge that, except as provided in section § 16(3), all sponsorship fees are non-refundable. Halbritter Media shall not be obligated to issue refunds or accept chargebacks for issues not related to errors directly attributable to Halbritter Media's actions or omissions.
(5) It is the responsibility of the sponsor to provide accurate and complete information regarding their marketing message. Halbritter Media is not responsible for errors or omissions in the content provided by the sponsor.
The terms of service are based on German law and have been machine-translated into English.
General Terms and Conditions of the advertising agency Halbritter Media
§ 1 SCOPE
For the business relationship as well as for all future business between Thomas Halbritter with Halbritter Media, Rathausstraße 41, 84082 Laberweinting, Germany (hereinafter referred to as Halbritter Media), and the purchasers, the following General Terms and Conditions apply exclusively in their version valid at the time of the order or at the time of the conclusion of the contract. Halbritter Media recognizes deviating conditions of the orderer only if this was agreed upon expressly and in writing. Agreements made with the customer in individual cases (including subsidiary agreements, supplements and amendments) always take precedence over these terms and conditions.
§ 2 APPLICABLE LAW AND PLACE OF JURISDICTION
(1) The business relations between Halbritter Media and the customer are subject to the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods.
(2) The place of jurisdiction shall be Straubing, provided that the Purchaser is a merchant or a legal entity under public law or a special fund under public law.
(3) Contract language is German. (English translation under usevisuals.com/legal/tos).
§ 3 CONCLUSION OF CONTRACT, DELIVERY AND PERFORMANCE
(1) The contract is concluded by the acceptance of the customer's order. Price markings in the online store and the website do not constitute an offer in the legal sense. Halbritter Media is entitled to accept the offer made by the order within 2 days by sending an order confirmation. The receipt and acceptance of the order will be confirmed to the customer by e-mail.
(2) Together with the order confirmation, the Seller shall send the Customer the text of the contract as well as these General Terms and Conditions and the cancellation policy.
(3) Unless otherwise agreed, digital products and services shall be delivered via e-mail.
(4) Halbritter Media is entitled to entrust other companies with the execution of orders or parts of orders. Creditor of the remuneration claim remains in these cases Halbritter Media.
(5) Halbritter Media reserves the right to withdraw from the contract if a delay in delivery or performance caused by unforeseen circumstances and obstacles, in particular force majeure, government measures, non-granting of official permits, labor disputes of any kind, sabotage, lasts longer than six weeks and this is not the responsibility of Halbritter Media.
(6) In the event of delay in acceptance, Halbritter Media has the right, in addition to the claim for payment, either to determine a new delivery or performance date or to withdraw from the contract. In the event of non-acceptance, Halbritter Media can claim damages in the amount of 15% of the contractual remuneration.
(7) If the customer changes or cancels orders, work, planning and the like, or changes the conditions for the provision of services, he will reimburse Halbritter Media all costs incurred as a result and release Halbritter Media from all liabilities to third parties.
§ 4 RIGHTS OF USE
(1) The customer acquires with the full payment for the duration and to the extent of the contract the rights of use of all works produced by Halbritter Media under this contract, to the extent that the transfer is possible under German law or the actual circumstances (especially for music, film and photography rights), for use in the territory of the Federal Republic of Germany.
(2) Halbritter Media hereby grants you a non-exclusive, non-transferable, revocable license to use the purchased digital products for your personal or internal business purposes. This license is subject to the terms and conditions set forth in this agreement.
(3) You are expressly prohibited from copying, distributing, sharing, or otherwise disseminating any digital product purchased from Halbritter Media, in whole or in part, to any third party. This includes, but is not limited to, distributing the digital product via file-sharing networks, hosting it on a server for public or private access, or sharing it with individuals who have not independently purchased a license
(4) The use of the purchased digital products is strictly limited to the number of licenses purchased. Each license allows for the use of the product by one user only. You must not allow more users to access or use the digital products than the number of licenses you have purchased. If multiple individuals require access to the digital product, you must purchase a corresponding number of licenses.
(5) Halbritter Media reserves the right to monitor compliance with these terms. Any unauthorized use, distribution, or duplication of the digital products will be considered a breach of this agreement and may result in immediate license termination and legal action.
(6) Violation of these terms may lead to the immediate revocation of your license, legal action for infringement, and compensation for damages caused to Halbritter Media due to unauthorized distribution or use.
§ 5 TERMS OF PAYMENT
(1) When ordering goods, the list prices generally applicable at the time of delivery apply, unless expressly agreed otherwise in writing. In the recipient country for the transaction levied taxes, taxes, etc. Halbritter Media does not assume. Customs increases, etc. after the conclusion of the contract are borne by the customer. In the case of brochure information, changes are expressly reserved.
(2) Deliveries of goods are payable immediately after the invoice date without deduction, unless other payment terms are agreed in writing. Halbritter Media reserves the right to generally deliver cash on delivery. Checks, bills of exchange and other means of payment are only accepted on account of performance and do not change the due date, whereby costs are borne by the customer. If the seat of the customer is outside Germany, Halbritter Media delivers only against prepayment. The delivery of goods purchased at Internet auctions to the customer takes place in advance 10 working days instruction of payment by the customer.
(3) Remuneration for services rendered shall be payable by the Purchaser immediately after the invoice date without deduction, unless other payment terms have been agreed in writing. Checks, bills of exchange and other means of payment shall only be accepted on account of performance and shall not change the due date, whereby costs shall be borne by the Purchaser.
(4) If the invoice is issued without sales tax, the change of tax liability (reverse charge
of liability for tax (reverse charge procedure) applies or we are not yet registered for VAT in the country you are based in. The sales tax must be declared and paid by the recipient of the service.
§ 6 RESERVATION OF OWNERSHIP
(1) The delivered goods remain the property of Halbritter Media until the fulfillment of all claims arising from the contract, in the event that the customer is a legal entity under public law, special assets under public law or an entrepreneur in the exercise of his commercial or independent professional activity, also beyond that from the current business relationship until the settlement of all claims to which Halbritter Media is entitled in connection with the contract.
(2) In case of default of payment by the customer, also from other and future deliveries or services by Halbritter Media, or in case of financial collapse of the customer, Halbritter Media can withdraw from the contract and is entitled to enter the business premises of the customer and take the goods subject to retention of title. In the case of a compensation after redemption Halbritter Media and the customer agree that this is at the usual market value of the subject matter of the contract at the time of redemption. The customer bears all costs of repossession and exploitation; exploitation costs are agreed without proof at 5% of the usual sales value, whereby an increase or reduction is possible upon proof by Halbritter Media or by the customer.
(3) The assertion of the reservation of title or the seizure of the delivery item by Halbritter Media is not considered a withdrawal from the contract, provided that the customer is a merchant.
(4) Items delivered and digital products shipped for test and demonstration purposes remain the property of Halbritter Media. They may only be used by the customer beyond the test and demonstration purpose on the basis of a separate written agreement.
§ 7 RIGHT OF RETENTION
The Purchaser shall only be entitled to exercise a right of retention to the extent that its counterclaim is based on the same contractual relationship.
§ 8 LIABILITY FOR DEFECTS
(1) The information provided by Halbritter Media in type lists, brochures, printed materials and on the website do not constitute a guarantee of quality in the sense of § 443 BGB.
(2) Special technical requirements and intended uses must be specified conclusively in writing when the order is placed and must be confirmed in writing by Halbritter Media. In this case, the customer is obliged to accept.
(3) Upon receipt, the Purchaser shall immediately inspect the goods in accordance with all technical requirements and reasonable inspection methods, if necessary also at its customers' premises, in any case before production. If defects only become apparent at the start of production, this must be stopped immediately.
(4) In all cases Halbritter Media must be notified immediately in writing. The customer gives Halbritter Media the opportunity for inspection, including inspection, execution of test runs and inspection of the documents. Quality defects are to be reported conclusively and sufficiently specified immediately.
(5) If the delivered goods are defective, the customer shall be entitled to rectification of defects. If this is impossible, failed or unreasonably delayed, the customer may demand a reduction in price or withdraw from the contract. If with respect to a product the manufacturer maintains a repair facility in the vicinity, Halbritter Media can refer the customer to have the repair carried out at this location (right of Halbritter Media to determine the error and remedy). This does not affect the statutory warranty rights of the customer.
(6) All refunds for duties paid are due to Halbritter Media and the Customer agrees to provide and assist Halbritter Media with the documentation necessary to obtain such refunds.
§ 9 LIABILITY
(1) Outside the liability for material defects and defects of title Halbritter Media is liable without limitation, provided that the cause of damage is based on intent or gross negligence. Halbritter Media is also liable for the slightly negligent breach of essential obligations (obligations whose breach jeopardizes the achievement of the purpose of the contract) and for the breach of cardinal obligations (obligations whose fulfillment makes the proper execution of the contract possible in the first place and on whose compliance the customer regularly relies), but in each case only for the foreseeable, contract-typical damage. Halbritter Media is not liable for the slightly negligent breach of obligations other than the above.
(2) The limitations of liability of the preceding paragraph shall not apply in case of injury to life, body and health, for a defect after assumption of a guarantee for the quality of the product and in case of fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.
(3) If the liability of Halbritter Media is excluded or limited, this also applies to the personal liability of its employees, representatives and agents.
(4) The risk of the legal admissibility of project measures carried out shall be borne by the Customer. This applies in particular in the event that advertising measures or other orders violate the provisions of competition law, copyright and special advertising laws. However, Halbritter Media is obliged to point out legal risks, if these become known during the preparation. The customer indemnifies Halbritter Media from claims by third parties if Halbritter Media has acted after notification of concerns regarding the permissibility of the advertising measures at the express request of the customer.
(5) If Halbritter Media considers a legal examination by a particularly competent person or institution to be necessary for the measures to be carried out, the customer shall bear the costs after consultation.
(6) In no case is Halbritter Media liable because of the factual statements contained in the advertising measures about products and services of the customer. Halbritter Media is also not liable for the patent, copyright and trademark protection or registrability of the ideas, suggestions, proposals, concepts, designs, etc. supplied under the contract.
(7) Halbritter Media cannot be held liable for any damages or legal consequences resulting from copyright infringement caused by the use of our products. Your use of our products, whether free or paid, constitutes your acceptance of this statement, and you are responsible for any associated costs or damages stemming from copyright infringement that are caused by you or our products. This applies universally, including within the USA, Canada, and US territories.
(8) Halbritter Media and its directors, employees, members, independent contractors or agents shall not be liable to Customer or any third party for any direct, indirect, consequential, incidental, special or punitive damages, including lost profits, lost revenues, lost data, attorneys' fees, court costs, fines, forfeitures or other damages or losses arising out of Customer's use of the Site. Customer agrees to defend, indemnify and hold harmless Halbritter Media, affiliated companies and all respective officers, members, agents, partners, employees and independent contractors from and against any loss, damage, liability, claim or demand, including reasonable attorneys' fees and costs, made by any third party due to or arising out of:
Use of the Website;
Violation of these Terms of Use;
a breach of Customer's representations and warranties contained herein;
(4) Customer's infringement of any third party rights, including but not limited to intellectual property rights. Notwithstanding the foregoing, Halbritter Media reserves the right, at Customer's expense, to control and defend any matter for which Customer is required to indemnify Halbritter Media under this Agreement. Customer agrees to cooperate in the defense of any such claim.
§ 10 DATA PROTECTION
(1) The customer is aware and agrees that the personal data required to process the order will be stored by Halbritter Media on data carriers. The customer expressly agrees to the collection, processing and use of his personal data. The stored personal data will be treated confidentially by Halbritter Media. The collection, processing and use of personal data of the customer is in compliance with the Federal Data Protection Act (BDSG), the Telemedia Act (TMG) and the privacy policy of Halbritter Media (usevisuals.com/legal/privacy-policy).
(2) The customer has the right to revoke his consent at any time with effect for the future. In this case, Halbritter Media is obliged to immediately delete the personal data of the customer. In the case of ongoing order processes, the deletion takes place after completion of the order process.
§ 11 INTELLECTUAL PROPERTY RIGHTS
The Site is owned by Halbritter Media, and all software, features, designs, trademarks, logos, audio and video files, and text of any kind and regardless of format (collectively or individually referred to herein as "Content") are owned and controlled by Halbritter Media. They are protected by copyright and trademark laws and all other applicable intellectual property laws or regulations of the Federal Republic of Germany, foreign jurisdictions and international conventions.
No part of the website may be copied, reproduced or transmitted without the express written consent of Halbritter Media. Halbritter Media reserves all rights to the website, the content and the trademarks.
§ 12 Assurances of the users
By using the Website, Customer represents and warrants that: Customer has legal capacity and agrees to comply with these Terms of Use; Customer is not a minor; Customer does not access the Website through automated or non-human means; Customer does not use the Website for any illegal or unauthorized purpose; Customer's use of the Website does not violate any applicable law or regulation.
§ 13 Return and refund
Halbritter Media does not offer returns or refunds. The customer can interrupt or cancel his subscription at any time. The customer pays in full for a given period of time, without the funds being prorated. Should the customer request a refund during the first month of use, all materials created by Halbritter Media are the property of Halbritter Media and may not be used by the customer in any way. Halbritter Media reserves the right to take appropriate legal action against the customer for violations of this paragraph.
§ 14 Electronic delivery of materials
Customer hereby consents to receive electronic communications from Halbritter Media, and Customer agrees that all agreements, notices, disclosures, and other communications sent by email or through the Site will comply with the legal requirements that such communications be in writing.
Customer agrees to the use of electronic signatures, contracts, purchase orders and other records. Customer agrees to electronic delivery of notices, policies and records of transactions initiated or completed by Halbritter Media or through the Website.
§ 15 COMMUNICATION
Upon completing a purchase with Halbritter Media, you agree to receive periodic updates, including but not limited to, information about the product you purchased, enhancements, tips, and other relevant news. These emails are designed to enhance your experience with our product and keep you informed about the latest developments.
You can choose to unsubscribe from these communications at any time by following the unsubscribe link in any of our emails. Please note that opting out of these emails may impact your ability to receive important updates and information about your purchase.
By agreeing to these terms, you acknowledge and consent to receive these types of email communications from Halbritter Media as part of your purchase experience.
§ 16 Presentation of the work
Halbritter Media reserves the right to publish its work on digital channels, including social media, websites, etc., unless otherwise agreed. The customer reserves the right to conclude a non-disclosure agreement between himself and Halbritter Media. In this case, Halbritter Media refrains from presenting its work.
§ 17 SPONSORSHIPS
(1) Halbritter Media, including its email lists and social media accounts, as well as those of its founder, Thomas Halbritter, offers sponsorship opportunities to businesses and individuals. These sponsorships may include, but are not limited to, the promotion of products, services, or messages through various digital channels managed by Halbritter Media.
(2) Halbritter Media commits to using its best efforts to accurately and effectively deliver the marketing message of our sponsors as provided to us. We will work diligently to ensure that your message is communicated clearly and in alignment with the guidelines and specifications provided by you.
(3) While Halbritter Media strives to avoid errors in promoting sponsors' messages, the company acknowledges that errors may occasionally occur. In the event of an error in the delivery of a marketing message attributable to Halbritter Media, our liability shall be limited to, at our discretion, either a proportionate refund of the sponsorship fee or a correction of the error in a subsequent communication. Halbritter Media shall not be liable for any indirect, incidental, consequential, or special damages arising from any error in the delivery of the marketing message.
(4) Sponsors acknowledge that, except as provided in section § 16(3), all sponsorship fees are non-refundable. Halbritter Media shall not be obligated to issue refunds or accept chargebacks for issues not related to errors directly attributable to Halbritter Media's actions or omissions.
(5) It is the responsibility of the sponsor to provide accurate and complete information regarding their marketing message. Halbritter Media is not responsible for errors or omissions in the content provided by the sponsor.
The terms of service are based on German law and have been machine-translated into English.