Terms of service
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Contract, scope
- QUIZcms.com is a project of contentking.de, Bindstr. 59, 88239 Wangen and offers the client (hereinafter the "Customer") under the website www.quizcms.com the possibility of using one of contentking.de developed computer program (in the form of an online service) that allows website owners, an online quiz with raffle function operate on an arbitrary subdomain of quizcms.com. The offer is aimed exclusively at business owners, members of the professions and authorities.
- All of contentking.de provided with quizcms.com services are provided exclusively on the basis of the following terms and conditions (the "Conditions").
- This Conditions apply to clients who have their domicile or headquarters in the Federal Republic of Germany. For contracting with residential or corporate office outside the Federal Republic of Germany these Conditions shall apply mutatis mutandis, proceed unless mandatory provisions of the law of the place of residence or company headquarters.
- Conflicting Terms and conditions of the client will be rejected. Deviations from these Conditions are only effective if they are confirmed by contentking.de in text form.
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Contract, contractual services
- By sending the purchase form on the website www.quizcms.com outsourcer acquires one or more quiz licenses that may have a monthly or yearly term. The contract between the client and contentking.de comes about through acceptance / order confirmation in writing, by fax or e-mail can be done by quizcms.com or by the first, made by quizcms.com fullfilled.
quizcms.com and contentking.de reserves the right to refuse acceptance of the request of the client without giving reasons.
- quizcms.com provides for the client that provide a CMS (content management system) for the maintenance and the operation of an online quiz. Here the subject of the service is the use of the technology within the previously selected and used subdomain of quizcms.com. For details about the type and scope of services arising from the terms of reference.
- Quizcms.com or contentking.de not owe the achievement of a specific result or achieving certain performance results unless it is agreed otherwise.
- The scope of services will be described in these terms and conditions and on the website www.quizcms.com.
- Technical changes and slight deviations of the services offered by quizcms.com reserves contentking.de before the extent that they are reasonable for the client at its discretion. If the services are improved after the contract, a claim the client, upon use of recent, original services.
- contentking.de is entitled at its discretion to use employees and freelance staff and other subcontractors or specialist third parties to fulfill its obligation without additional agreement with the client to execute the order.
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Contract Term and Termination
- The contract has a term of one month and can be terminated with a period of two (1) week at maturity; otherwise the contract is automatically extended for another month.
- The contract can be canceled at anytime for cause.
- Cancellations must be in writing.
- The deletion of the sale, lease or transfer to a new owner of a website that is the subject of the contract is, must quizcms.com be immediately notified and constitutes a valid reason for dismissal. The payment of the agreed price to content king. de remain unaffected.
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Conditional access / account (account)
- The client receives at quizcms an account (account), for which he is registered with a user name and a password. Furthermore, the client receives a by him selected subdomain (unless it is already in use by another client) on the quiz system is running and the administration is carried out.
- The client is not entitled to assign or transfer the account provided, unless it is specified otherwise with contentking.de.
- The client is responsible for maintaining the confidentiality of the user name and the password itself. The client agrees, in particular the password from unauthorized access by third parties kept protected and to protect it from misuse and loss. The contracting entity contentking.de free from claims of third parties and other costs arising from breach of his aforesaid obligation.
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Prices, due date, payment, invoicing
- With the acceptance of the contract by quizcms.com or the operator contentking.de the client receives a confirmation of the agreed price in writing. In addition, the service of quizcms.com or contentking.de prices provided by e-mail or call for details. All prices are gross prices. The each resulting VAT is included.
- The due payment is due at the beginning of the contract period, in the case of renewal of a contract in advance.
- The customer receives an invoice, which contains all necessary information, in each case as a pdf file in his account. Invoices are automatically charged for the first day of each month the credit card via the payment provider STRIPE.com. Quizcms.com not store any credit card information. Possible variations thereof, such as 100% Discounts or Coupon benefits are agreed in writing in the order confirmation or invoice.
- Until payment of the full invoice amount with all rights to services provided by property contentking.de. contentking.de reserves the right to terminate without respite access to the relevant offer to the entrance of the outstanding amount. In case of default all rebates, discounts and other allowances or agreements granted lapsed.
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Obligations of the client
- The client uses the offer of quizcms.com in operating contentking.de to create online quizzes and use on your website. If the customer (copyright) rights-protected content in the quiz, if he does quizcms.com or other of contentking.de to fulfill the obligation switched partners - as far as legally required - from any liability. Insofar as the content must be stored for service fulfillment or hosted on servers, the right of use also includes these areas.
- The client undertakes, intended to use all content that will be put to him about the use of the services of quizcms.com available. In the evaluations provided by quizcms.com available is to ensure that the origin of the information is clearly visible.
- The client declares that the information he passes on quizcms.com, is accurate, truthful and up to date. He is obliged to inform quizcms.com immediately of any changes.
- If the principal does not comply his obligations to cooperate, is quizcms.com or contentking.de exempt from the obligation to perform.
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Liability
- Unless otherwise agreed, makes quizcms.com or contentking.de no representations or warranties are in relation to the services. Quizcms.com makes particular no commitments with respect to the contents in the service, in terms of specific functionalities of the Services or their reliability or suitability of services for the purposes of the client. Quizcms.com indicates that data on the web pages at regular intervals (usually every day) are determined.
- contentking.de liable for himself or agents only in cases of gross negligence or intent, unless there is a breach of an essential contractual obligation ( "cardinal obligation"). liable when a slightly negligent breach of a cardinal obligation contentking.de for himself or a vicarious agent only for those damages that were typical and foreseeable at the time the contract is concluded. This limitation of liability applies to both contractual and non-contractual claims.
- For damages arising from a delay in performance, is liable only to the extent contentking.de intentional or grossly negligent action. Moreover, the rights of the client in case of default remain unaffected.
- For disturbances within the Internet contentking.de assumes no liability. The same applies in case of failure of servers that are not within the control of contentking.de.
- Moreover contentking.de accepts no responsibility in the event that the subdomain can not be reached on quizcms.com and / or website of the client during the service contracted temporarily, unless there is intent or gross negligence of contentking.de in front.
- If neither intent nor gross negligence are present or a guarantee of contentking.de liable contentking.de lost not for indirect damages to the client, in particular not for profit.
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Responsibility for content of websites exemption
- For supplied by the client content, including the quiz, which are set in the quiz, contentking.de accepts not responsible for content. there is especially no obligation to check the delivered content to their legality For contentking.de. The Client is solely responsible for the permissibility and non-infringement of the registered content it has its sub-domains and sites in particular copyright, competition and criminal law.
- Detects the client that a violation of law threatens or are reasons to believe is contentking.de inform thereof without delay.
- If contentking.de, becomes aware of illegal content, which will be published through a quiz, is contentking.de or quizcms.com entitled performance, possibly to clarify the legal situation, suspend and delete the contents of all or part of, with urgency and without notifying the client. This is especially true if the posted content violated rights of third parties. In this case the customer is obliged to pay the contractual remuneration. However, it may terminate the contract extraordinarily. It should be noted that claims of the client do not exist due to justified cancellation.
- If the customer unjustifiably created a quiz with the quizcms.com system, it provides contentking.de free from all resulting claims.
- The client guarantees that he asked with regard to all the websites and in any other way for the provision of services available and shared by him data and information on all rights features that are required for the agreed use and disclosure.
- The contracting entity contentking.de on first demand from all claims in this regard and the costs of legal defense. Furthermore, the client is required to contentking.de forces with all necessary information and documents in a legal defense against third parties support.
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Offsetting, retention and assignment
- The customer is only entitled to offset and / or retention if the counterclaims have been legally established or are undisputed.
- contentking.de is entitled to assign claims against the customer to third parties - a special consent of the client is not necessary for this.
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Data protection
- contentking.de committed to keeping as not publicly labeled Personal client information confidential and not to disclose to third parties without the express consent, be it because there is a legal or regulatory obligation to surrender.
- If using contentking.de subcontractors or other agents within the framework of this contract, the customer agrees to the disclosure of his personal information on this agreement, insofar as is necessary to fulfill the contractual obligations of contentking.de. The third party is bound by contentking.de to confidentiality.
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Final provisions
- Additional agreements, changes and additions to these terms and conditions are only effective if they are confirmed by contetking.de writing or in text form.
- If any provision of a contract or these terms and conditions prove ineffective as a whole or in part, or in performance of a contract requiring supplementation contractual loopholes become apparent, it will affect neither the validity of the remaining provisions of the contract and / or these terms and conditions or the validity of the contract and / or these Terms and Conditions as a whole. The parties commit themselves already, the invalid provision to be interpreted as supplement to reinterpret or to replace or the contractual gap fill so that the economic purpose of the intended regulation is best achieved.
- If the reasons for the ineffectiveness of the Conditions or one or more gaps in the contract within the meaning of the preceding paragraph are in a permanent change in the law, or the higher court jurisdiction, then contentking.de entitled to change the Terms and Conditions with future effect. The new terms and conditions are communicated to the client for approval not later than two (2) months before the effective date of the amended GTC in writing. The client has the right to object to the proposed amendments within one (1) month after receipt of the amended terms. Expires the opposition period, without the customer has objected to the amendments, so his silence is your approval. If the client object to the amendments, both parties have the right to terminate the contract with immediate effect. The contract may be terminated on the termination function in the account or in text form.
- This contract is subject to German law. This also applies in the event that the office of the Customer is abroad.
- Place of performance and exclusive jurisdiction is - if the customer is a merchant within the meaning of the Commercial Code or a legal entity under public law or public special fund - cheeks. This also applies if the customer domestically has no jurisdiction or his residence is unknown or abroad. Notwithstanding reserves contentking.de to sue the customer at his seat.