1) Scope of Application
These Terms of Use of Sonja Krautmacher, acting under “Sonja
Krautmacher” (hereinafter “Operator”) apply to the use of the website operated by the Operator
by the user.
By using the website, the user agrees to these Terms of Use.
2) Services of the Operator
2.1 The Operator provides the website in its current condition and on the basis of
current availability. The Operator does not owe any specific quality,
compatibility, security, specific range of functions, or that the
website is fit for a particular purpose.
2.2 The Operator does not warrant that the website will function uninterrupted
or error-free, that defects will be corrected, or that the website or the
servers through which the website is made available are free of viruses or other
harmful software.
2.3 The Operator is entitled to change or discontinue the operation of the website
in whole or in part at any time.
3) Links to Third-Party Websites
The Operator’s website may contain links to other websites that are operated by third parties
and over whose content the Operator has no influence. The
provision of these links does not mean that the Operator endorses these websites, the
content contained therein, their operators, or their practices. Should the Operator
become aware or be notified by third parties that the linked websites
contain illegal content, the Operator will remove the link to the respective website
immediately.
4) Usage Restrictions
The user may only use the website and its content for lawful purposes and in accordance with
these Terms of Use.
The following behaviors are strictly prohibited:
– Any use of the website in a manner that could disable, overburden,
damage, or impair the website;
– Use of programs or other technical means for text and
data mining, monitoring, or copying content on the website;
– Use of programs or other technical means that interfere with the proper operation of the website;
– Introduction of malicious software such as viruses, trojans, or worms;
– Impairing the website via a denial-of-service attack or a
distributed denial-of-service attack;
– Any attempt to gain unauthorized access to, or to interfere with, parts of the website, the server on which the website is
stored, or any server connected to the website, any database connected to the website,
or any device connected to the website.
5) Granting of Rights of Use by the Operator
5.1 The Operator grants the user a non-exclusive, at any time revocable
right to use the website operated by the Operator within the scope of these
Terms of Use.
5.2 Unless otherwise required by specific circumstances, it is
generally prohibited for users to reproduce, make publicly available, or pass on to third parties
the contents of this website, in whole or in part, for their own
business purposes.
5.3 The use of copyrighted and/or
trademarked content on the website, such as logos, images, videos, or texts, is prohibited
unless the Operator has explicitly consented to its use. Exempt from this
is the downloading, copying, and/or printing of pages of the
website for exclusively personal and non-commercial use.
5.4 Statistical data and/or other information outside the scope of statutory
copyright may be used exclusively for editorial purposes, provided the
Operator is cited as the source in an appropriate manner.
6) Legal Consequences of Unauthorized Use
The Operator reserves the right to temporarily or permanently prohibit the user from accessing the website
if the user violates applicable law
or these Terms of Use. The assertion of other
rights, in particular the assertion of claims for damages, remains unaffected by this.
7) Liability of the Operator
The Operator is liable to the user for all contractual, quasi-contractual, and
statutory claims, including claims in tort, for damages and compensation for expenses as
follows:
7.1 The Operator is fully liable for any legal reason
– in the event of intent or gross negligence, – in the event of intentional or negligent injury to life, body, or
health,
– on the basis of a guarantee promise, unless otherwise stipulated in this regard,
– on the basis of mandatory liability such as under the Product Liability Act.
7.2 If the Operator negligently breaches a material contractual obligation, liability is
limited to the foreseeable damage typical for the contract, unless
unlimited liability applies according to the preceding clause. Material contractual obligations are
obligations which the contract imposes on the Operator according to its content in order to achieve the
purpose of the contract, the fulfillment of which makes the proper execution of the
contract possible in the first place, and on the compliance with which the user may regularly
rely.
7.3 Otherwise, the liability of the Operator is excluded.
7.4 The above liability provisions also apply with regard to the liability of the
Operator for its vicarious agents and legal representatives.
8) Amendment of the Terms of Use
The Operator reserves the right to amend these Terms of Use at any time.
Amendments will be announced by publishing the amended version of the
Terms of Use on the Operator’s website. The user
agrees to the amendments by continuing to use the website after the
announcement of the amendments.
9) Applicable Law
The law of the Federal Republic of Germany applies to all legal relationships between the parties.
For consumers, this choice of law applies only to the extent that the
granted protection is not withdrawn by mandatory provisions of the law of the state in which the
consumer has their habitual residence.
10) Place of Jurisdiction
If the user acts as a merchant, a legal entity under public law, or a
special fund under public law with its registered office in the territory of the Federal Republic
of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is
the place of business of the Operator. If the user is domiciled outside the
territory of the Federal Republic of Germany, the place of business of the Operator is
the exclusive place of jurisdiction for all disputes arising from this contract, provided the
contract or claims arising from the contract can be attributed to the professional or commercial activity
of the user. In the aforementioned cases, however, the Operator is
in any case entitled to appeal to the court at the user’s place of business.