General Terms and Conditions of Business

1. General Provisions

1.1  These General Terms and Conditions of Business shall form a component of all our offers and services which can be found on the portal (subsequent “Anamera”).

Anamera is provided by H&M System Software GmbH, Senefelderstr. 16, D-63322 Roedermark (subsequent „H&M“).

1.2 We shall not be bound by any general terms and conditions of business of users who  advertise on Anamera or use this portal in any other way, even if we do not expressly reject them.

1.3 We can be held responsible for the content and public availability on Anamera only within the limits of the following Terms and Conditions.

2. Area of Application

2.1.  These Terms and Conditions apply for all legal relationships between H&M and users of the tele services within the framework of the database provided by Anamera. Other services which are offered additionally are subject to separate Terms and Conditions. Such additional services are identifiable and marked with a notice to these separate Terms and Conditions.

2.2 As far as goods or services from third parties are offered through the tele services provided by Anamera, relationships will be accomplished only between users and the supplier of such goods or services.

3. Tele services of Anamera, limitation of use

3.1 Anamera runs a data base in which users can place and store ads.

3.2 All users have access to the content stored on Anamera plus their own content placed on Anamera within the limits of these Terms and Conditions.

Anamera is not broker, buyer or seller and not the buyer’s or seller’s agent of the ads stored in the data base of Anamera.

3.3 Having access to the content on Anamera and placing content there are in Anamera’s own discretion. Users can not claim any right of having access to the data base and all other tele services provided by Anamera.

3.4 Due to maintenance and development of the tele services provided by Anamera the use of Anamera can be limited or interrupted temporarily. Anamera can not be held responsible for any limitations or interruptions.

4. Using the data base of Anamera, data protection

4.1 Only users who are contractually capable are allowed to place content into Anamera’s data base.

4.2 Before placing content users must have been registered. All users are obliged to give veridical particulars while registering. For the personal data required for the registration process the following terms apply:

a. Anamera provide their users tele services in terms of the Teledienstdatenschutzgesetz.

b. The registered user agrees that Anamera is allowed to use his personal data only within the limits of the legal terms and only for the purpose of advertising and marketing research. All users have the right to answer the use of his personal data for the purpose of advertising and marketing research.

4.3 To place any content is in Anamera’s own discretion. Anamera is entitled to reject any content at any time and/or to restrain content regionally and/or temporarily and/or to delete content and/or to prevent that content will be forwarded, if the content is not up to Anamera’s standard and/or illegal and/or objected by other users.

5. Preconditions to place content and user responsibility

5.1 The user is not allowed to place unreliable content in Anamera’s data base.

5.2 The user is solely responsible for all his content placed on Anamera and especially that his content is not illegal and that it does not infringe upon a right of any third party (i.e. copyrights and trademark rights). Anamera is not obliged to check that any placed content infringes upon rights or is illegal in any other way. The user hat to delete placed content immediately on Anamera’s request.

5.3 The user indemnifies Anamera from all claims of third parties relating to the content placed by him in Anamera’s data base.

5.4 The user will be held responsible for any viruses and similar programs transferred by him while placing content on Anamera.

6. Rights of Customer in Event of Defects

6.1  Anamera assumes no responsibility for the accuracy and completeness of the content placed by its users and the given identity and integrity of the user. For Anamera, all content placed by the user is external in terms of § 5 Sec. 2 TDG. The user alone shall be responsible for the fact that his content placed on Anamera does not violate any provisions of law or bonos mores or infringe on any third-party rights.

6.2 Liability for damage due to defects shall be excluded hereby, unless the damage has been caused intentionally or due to gross negligence. We shall be liable in accordance with the provisions of law for injury to life or limb. Our liability for a slightly negligent breach of contractual duties shall be limited to the foreseeable damage typically stipulated in contracts. This shall not apply if a breach of material contractual duties is concerned.

7. Copyright and trademark rights

7.1  H&M is the owner of the website and the data base of Anamera. Our data base is protected by copyright pursuant to § 87b ff. of the Copyright Act. Such data may only be used to the degree agreed with us.

7.2 When using the data base provided, the user must observe under its own responsibility the provisions of law, particularly those of data protection and competition law.

8. Final clauses

8.1 Exclusively German law shall apply to the legal relations of the parties. If the user has its registered office outside Germany, this shall apply with application of the United Nations Convention on Contracts for the International Sale of Goods (CISG).

8.2 Roedermark shall be the place of performance for all obligations with us. Roedermark shall be the place of jurisdiction for all legal disputes, unless an exclusive place of jurisdiction has been established.

Roedermark 24/12/2007