These conditions apply to the database services of tennistrainer.de / CEO Markus Knoedel, Karl-Dangel-Str. 13 / 73432 Aalen (name provider).
§ 1 Object of Contract
The provider grants the customer after payment of the annual fee to access its publicly accessible database via the Internet or other networks. Changes in the database range and search options are reserved within a database.
§ 2 access authorization
As proof of his access authorization, the customer receives a user ID that it secures by a secret zuhaltendes even abänderbares password. For the protection of his access authorization, the customer bears for his system area even care. This also applies to the transmission lines used by him third parties.
§ 3 Rights to the database
The databases to which the provider the customer gives access are protected by copyright. All rights remain with the seller reserved. The customer acquires a right of use only in the specified in § 4 Scope.
§ 4 Granting of Rights
The customer is granted a non-exclusive usage rights to the extent expressly provided herein for the duration of the contract. Any other use beyond the scope of this right of use granted use of databases or parts thereof, in particular the reproduction, modification, distribution, public disclosure, or other transfer is not permitted, unless it is legally required or permitted by separate written agreement between the provider and the customer.
Customer may use the data retrieved from the database results only for the purposes of his current research and his training. A longer-term storage or conversion into its own database of customers without the prior written consent of the provider.
The database services offered are intended only for the personal use of the customer. Any commercial use of the Services, in whatever form, is prohibited unless expressly otherwise agreed in writing. § 4 remains unaffected.
The customer may copies of small portions of the data sets to make your own training use, provided that the copying is necessary for that purpose and not as the training use for commercial purposes; the source is clearly indicated in this case. In addition, the reproduction for private use in tennis lessons, allowed in non-commercial institutions of education and training and in coach education in a quantity required for a training device; the source is clearly indicated in this case.
The Customer is also the reproduction, distribution, public disclosure and communication to the public of parts of the database that are immaterial to the nature and extent allowed. This does not apply when such acts repeatedly and systematically carried out and the normal exploitation of the database or run counter to prejudice the legitimate interests of the supplier unreasonable.
Customers who are acting as information intermediaries, may reproduce and substantial parts of the database on behalf of their clients, if and insofar as the ordering customer are hereby committed in the contract with the customer, the conditions of use in accordance with paragraphs (1) to comply to (5). The customer acting as an information broker will provide the names and addresses of their customers for contract with these the provider.
The seller shall not be liable for any consequences or accidents that may occur by the training shapes in the classroom or training.
§ 5 accounting
The tariffs for the use of databases resulting from the current price list, which also is available online. The provider will charge the customer the year incurred on its user identifier consumption plus VAT.
The invoice amount is due immediately upon receipt of invoice. If payment is not received by the provider within 10 days of the invoice date, the seller is entitled to delete access.
If the customer with an equalizer in default, the seller is entitled to terminate Customer's access to the database until full payment of the invoices.
The use of the database must be re-extended annually at the end of access to customers from the customer. The customer will be reminded to do so by us 2 weeks and 2 days before expiration by email. After payment of the applicable annual fee is an extension of the customer access for an additional year.
§ 6 vouch for breach of duty
If you withdraw from the contract, the customer will immediately delete the downloaded it from database content, including the reproduced copies completely.
The provider does not warrant that the services and information for the purposes intended by the customer offered are suitable.
The seller shall not be liable for technical malfunctions that do not have their cause in his area of responsibility, nor for any damage caused by force majeure. The same applies to any damages that result from the incorrect processing of information retrieved by the client or the misuse of his user identification by third parties or from the failure of the telecommunications facility used by the customer.
In addition, the provider shall be liable only for intent, gross negligence or slightly negligent violations of essential contractual obligations, in the latter case limited to the foreseeable damage.
§ 7 Failure
Further damage claims of the supplier of the infringement of the customer remain unaffected.
§ 8 Data protection and confidentiality
The customer is according to § 33 paragraph 1 of the Federal Data Protection Act noted that their data will be stored and processed in the context of the purpose of this Agreement.
Search jobs and customer usage profiles are treated as confidential by the provider.
§ 9 Contract Duration and Termination
This Agreement is concluded for one year and may be extended to the end for a further year. It occurs with confirmation of the online application and granting of access authorization by assigning the user ID into force.
If a user ID is not used for a year, the provider is entitled to block or delete without further notice.
§ 10 Transfer of Rights
The customer is not entitled to assign any or all of the rights under the contract with the seller without the prior written consent of the provider to a third party.
§ 11 writing
Statements, amendments, supplements and the cancellation of the contract, as well as of the writing requirement must be in writing. The written form shall also just signed e-mails.
§ 12 Applicable law and jurisdiction
The legal relationship between the customer and the supplier, the laws of the Federal Republic of Germany.
All disputes arising out of this contract is agreed jurisdiction Aalen, if both parties are merchants, legal persons under public law or public law special funds.
§ 13 Effectiveness
If any provision of the contract unenforceable or become, the validity of the remaining provisions shall not be affected.