General Terms and Conditions
General Terms and Conditions of KS Media GmbH (General Terms and Conditions, Status 29 February 2016) (right of withdrawal see § 5)
§ 1 Scope of Application
1.1. These General Terms and Conditions shall apply to all business relations between KS Media GmbH (in the following: log.os) and you on physical products (e.g. books), digital contents (e.g. ebooks) and services in all channels provided by log.os, e.g. web shop, web platform or other kinds of software (in the following: Apps).
1.2. The General Terms and Conditions shall apply in the correspondingly current version at the time of entering the contract. Depending on the end device used this document can be printed and/or stored (“File save as”).
1.3. Only the following contractual conditions shall apply for the business relation between log.os and you. log.os shall not acknowledge any conditions deviating therefrom, unless log.os has agreed to their validity.
§ 2 Contract Conclusion
2.1. The contract including these general terms and conditions between you and log.os shall be entered by sending log.os a binding offer of concluding a contract on the online input mask on the website and/or in the order entered in the App by a mouse click, by activating the ‘enter’ button or a tap on the pay button by you. log.os accepts this offer by means of delivery within a suitable time. For products which are delivered by means of a file download, acceptance of the offer shall be carried out by providing the ebook in your user area under Library (purchased).
2.3. The language for contract conclusion shall be German.
2.4 The prerequisite for the use of the services of log.os and in particular the procurement and use of contents shall be the age of 18. Use by minors shall only be permitted under the supervision of guardians. He/she shall conclude the contract and must supervise the use of the contents.
2.5 Registration The prerequisite for procurement and use of contents can be that the user register by transmitting the required registration data (personal data including email address) and, if payments shall be made, invoice data (credit card data, PayPal account or online authorization for direct debiting procedure) and a log.os user account is opened. For this purpose it is necessary to select a user name as well as a password (“login details”)
§ 3 Provision of Digital Contents
The following shall apply for digital contents: The contents are protected by a copyright; you shall be obligated to accept and adhere to the copyrights. You shall acquire the nonexclusive, non-transferable, and with regard to content, duration and area (territory) unlimited right of use to the acquired content in order to read same on end devices of your choice. Use in extent thereof shall only be permitted within the scope and with consideration to the limited provisions of German copyright law, (§§ 44 a ff. UrhG). You may not remove copyright notes, trademarks, digital watermarks or other legal reservations in the accessed content. Information on the method of function of digital contents including applicable technical safety measures for such contents and, if applicable and essential, restrictions of interoperationality and the compatibility of digital contents with hardware and software, as far as these restrictions are or must be known to us, in the future will be found on the web offers of log.os. At the time of these general terms and conditions the purchased ebooks can only be read on laptops, PCs and Macs. App versions for Android and iOS will follow.
§ 4 Prices and Payment
In principle we offer using PayPal and credit cards as methods of payment.
PayPal You pay the invoice amount via the online provider PayPal (www.paypal.com). To do so registration is basically necessary and/or first registration with legitimate access data and confirmation of the payment transfer to us. You shall receive further details during the order procedure.
Credit card Your credit card shall be debited after completing the order.
The indicated prices are final prices in Euro including the legal German value added tax.
§ 5 Legal Right of Withdrawal
The right of withdrawal shall apply only for consumers analogous to German civil law, § 13 BGB.
– Beginning of the right of withdrawal –
5.1. Right of withdrawal
You shall be entitled to withdraw from the contract within 14 days without stating any reason. The term of the right of withdrawal comprises fourteen days as of the date of concluding the contract or as of the day you receive the goods for contracts on the delivery of goods.In order to exercise your right of withdrawal, you must inform us (KS Media GmbH , Bahnhofplatz 3, 86919 Utting am Ammersee, email: firstname.lastname@example.org) by means of a clear statement (a letter sent by post or an email) of your decision to withdraw from this contract. To ensure the right of withdrawal it is sufficient to send a notice on exercising the right of withdrawal prior to the end of the withdrawal term.
5.2. Consequences of withdrawal
If you withdraw from this contract, we shall repay all payments which we have received from you, including delivery costs (with the exception of additional costs which result from a type of delivery selected other than the most favourable standard delivery offered by us) immediately and not later than within fourteen days after the date on which we have received the notice of withdrawal from. For this repayment we shall use the same means of payment that you have applied in the original transaction, unless otherwise expressly agreed with you; by no means shall we charge any expenses because of this repayment.
5.3. Sample of withdrawal forms
If the contract should be withdrawn, please fill out this form and send it back to us.
To KS Media GmbH , Bahnhofplatz 3, 86919 Utting am Ammersee
I/We* herewith withdraw from the contract entered by me/us* on the purchase of the following goods/the supply of the following service *: (*)
- Ordered on/received on *
- Name of the customer/s*
- Address of the customer/s*
- Signature of the customer/s* (only in notices on paper)
* Delete if inapplicable.
§ 6 Data Protection
log.os shall be obligated to keep personal data of customers confidential based on the provisions of data protection law (especially BDSG and TMG). Details shall be found on data protection information, Datenschutzinformationen.
§ 7 Copyright and Assignment of Rights
7.1. The ebooks sold by log.os shall be protected by copyright, unless they are not expressly marked in another manner. The customer shall be obligated to acknowledge and adhere to these rights of the authors and publishing companies. log.os shall not assign any property to the sold content, but only utilization rights instead, which exclusively allow private use of the corresponding contents.
7.2. log.os shall after the purchase grant the customer of an ebook personal unrestricted access to this book in an online version. This allows the customer an unrestricted access to this book via the online reader of log.os, which may be used by all suitable final devices of the customer. For the error free function and illustration of the contents see the minimum technical requirements of hardware and software published by log.os on the website in FAQ.
7.3. The customer shall regarding the books purchased by same be offered certain possibilities of comments and reviews. In this regard the conditions of use for the comment function of log.os shall apply (see conditions of use (EULA) § 6).
7.4. Each use in extent of the preceding specifications, especially the reproduction, transfer, publication or processing of the book or parts of the book shall not be permitted.
7.5. In the event that costs for connection should arise from access to the offer of log.os or the download, they shall be carried by the customer
§ 8 Warranty and Guarantees
8.1. The legal claims based on defects shall exist without restriction. The company claims based on defects shall be subject to the statute of limitations deviating from the legal provisions after one year already.
8.2. Guarantees in extent thereof shall not be carried by log.os.
8.3. log.os shall not warrant that contents in individual cases are suitable for the hardware and software available by the user for the use of the log.os services. Assistance and notes on the log.os website or by log.os staff shall be provided to the best of their knowledge and belief. log.os shall not carry liability for the correctness of this information.
8.4. log.os shall not warrant that the contents are correct.
§ 9 Complaints and Settlement of Disputes
As of 15 February 2016 the EU Commission provided a platform for settlement of disputes out of court. Consumers shall have the opportunity to clarify disputes in connection with their online order without first reverting to a court. The dispute settlement platform is available under the external link http://ec.europa.eu/consumers/odr/.
§ 10 Contractual Language, Storage of Contract Text and Final Provisions
10.1. Contracts between log.os and the customer shall be subject to the law of the Federal Republic of Germany excluding UN purchase law.
10.2. The contractual language shall be German.
10.3. If the customer is a businessman, a legal entity of public law or a special fund under public law, the court district of the Regional Court Berlin shall be the place of jurisdiction for all disputes arising from contractual conditions between the customer and us.
10.4. The contract wording is not stored by us. However, the customer has the opportunity to store the general terms and conditions with the aid of the store function of his internet browser. In addition a link in the sent order confirmation comprising all necessary order data provides the opportunity to call and download the general terms and conditions.
10.5. In the event that one or several provisions of these general terms and conditions should be invalid, this shall not entail the invalidity of the entire contract. The invalid regulation shall be replaced by the corresponding legal regulations.
§ 11 Legal Notice
KS Media GmbH Bahnhofplatz 3 86919 Utting am Ammersee
KS Media GmbH is entered in the trade register of the District Court Charlottenburg under the reference number HRA 50897 B. KS Media GmbH is represented by: log.os Management GmbH Bahnhofplatz 3 86919 Utting am Ammersee
log.os Management GmbH is entered in the trade register of the District Court Charlottenburg under the reference number HRB 167182 B. Management: Volker Oppmann (Address see above) Email: email@example.com Value added tax identification number pursuant to German VAT law, § 27 a Umsatzsteuergesetz: VATID DE299922819
Conditions of Use (EULA)
§ 1 Application area
Participating in the discussion on the online platform yourbook.shop (or yourbook in brief) requires that you accept these conditions of use at the time of your registration.
§ 2 Registration & participation
(1) A prerequisite for the use of log.os is a prior registration. With the successful registration you have all functions available to you.
(2) You may not allow third parties access to use. You shall be obligated to keep your access data confidential and to protect it against access by third parties.
§ 3 Services of log.os
(1) Within the scope of these conditions of use we shall allow you to read and publish contributions on log.os. For this purpose within the scope of our technical and economic possibilities we shall free of charge provide a discussion platform and attempt to keep our service available. Moreover, we shall, however, not provide any obligations of service. In particular there shall be no claim to a constantly available service.
(2) We shall not warrant the correctness, completeness, reliability, current status and usability of the provided contents.
§ 4 Disclaimer
(1) Claims to damage compensation on the part of log.os shall be excluded unless stated otherwise in the following. The preceding exclusion of liability shall also apply in favour of the legal representative and agent of log.os, if they lodge claims against same.
(2) Damage compensation claims are excluded from the disclaimer stated in paragraph 1 based on injury to life, body, health and damage compensation claims arising from the violation of essential contractual obligations. Essential contractual obligations are obligations which must be fulfilled to achieve the objective of the contract. Also excluded from the disclaimer is the liability for damages which are based on intentional or grossly negligent violations of obligations on the part of log.os, our legal representative or agents.
§ 5 Obligations of the user
((1) You shall be obligated not to publish contributions violating public morals or valid law. You shall especially be obligated not to publish any contributions which if published are a criminal offence or a misdemeanour, violate copyrights, trademark law or competition protection law, violate legal services law, have insulting, racist, discriminating or pornographic contents or contain advertisements.
(2) In the event of a violation against the obligations of the preceding paragraph 5.1, log.os shall be entitled to change or delete your corresponding contributions and to deny access. You shall be obligated to reimburse us for the damage arising due to you violating the obligations.
(3) log.os hat das Recht, Beiträge und Inhalte umgehend zu löschen, wenn diese einen Rechtsverstoß enthalten könnten.
(4) log.os shall have a claim against you to be released from third-party claims lodged due to your violation of a law. You shall be obligated to support log.os in defending such claims. You shall also be obligated to carry the costs for a suitable legal defending counsel.
§ 6 Transfer of utilization rights
(1) The copyright for your submitted contributions shall remain with you. By submitting a contribution on yourbook.shop, however, you shall grant log.os the right to provide your contributions on the online platform to be released and made publically accessible. You shall also grant log.os the right to position contributions within the log.os platform and to connect it with other contents
(2) You have a claim to deleting or correcting the contributions compiled by you. It is possible, however, for them to continue to be found by search engines. Unfortunately, we have no influence in this regard.
§ 7 Termination/Deregistering
(1) You can deregister from yourbook.shop at any time. In this case your user data (name and mail address) will be deleted.
(2) You decide what happens to your submitted contributions after deregistering from log.os: Your contents can either remainon yourbook.shop after you deregister or be deleted optionally.
§ 8 Changing or discontinuation of the offer
(1) log.os shall be entitled to carry out changes to the log.os platform.
(2) log. shall be entitled to terminate the log.os platform by adhering to notice of 2 weeks in advance. In the event of termination of our service, we shall delete the contents submitted by you at your request.
§ 9 Applicable law
Regarding our contractual relationship the law of the Federal Republic of Germany shall be applied. This selected law shall not be applicable for compulsory consumer protection regulations of the country in which you as user have you permanent residence.
KS Media GmbH , Berlin 2015