1.     Area of Application of these Terms of Use

 

1.1   The subsequent Terms of Use are applicable between Beauty Trend GmbH, Mauerstrasse 79, D-10117 Berlin, Germany, represented by Mr Charles v. Abercron, as the operator of the Web site under www.glossymagonline.com (hereinafter “Beauty Trend GmbH”) and all users of this Web site (hereinafter “User”).

1.2   With this Web site Beauty Trend GmbH is offering users general, topical information relating to various subjects such as fashion, beauty and culture (hereinafter “Contents”). Certain contents require the registration of the User.

1.3   The subsequent Terms of Use regulate the contractual relations with users who use the contents and offered services which Beauty Trend GmbH provides on its Internet pages for free use by unregistered users, as well as for registered users.

1.4   Beauty Trend GmbH offers the user the Internet site solely for personal use. Commercial use without first obtaining the permission from Beauty Trend GmbH is impermissible. The use of all contents and offered services on the Internet pages of Beauty Trend GmbH, as well as registration and the use of the membership area, is free of charge.

1.5   By using the Glossy Mag Internet site, users declare that they agree with these terms in their given valid version. Users can print out these Terms of Use or have them sent by Beauty Trend GmbH.

 

2.     Contents

 

2.1   Beauty Trend GmbH is entitled to set up the contents and offered services. Beauty Trend GmbH is entitled to change, restrict, extend or totally close down the contents and offered services at any time. Beauty Trend GmbH is entitled to also have its service rendered by a third party of its choice.

2.2   The contents published by Beauty Trend GmbH have been researched with the greatest care. The contents are partly based on reports from news agencies as well as alternative sources of information. Consequently, Beauty Trend GmbH does not take any responsibility – either explicit or tacit – for the correctness, topicality, completeness and reliability of the contents for the user.

2.3   Beauty Trend GmbH points out that, as a result of the Internet-based site, disruptions and faults can arise during transmission. Moreover, as a result of maintenance and further development work, temporary restrictions in the possibility of use may arise. Beauty Trend GmbH always endeavours to remedy disruptions, faults and restrictions as quickly as possible and ensure that the contents are always accessible. However, the user does not have any claim to constant availability of the contents and freedom from disruptions.

 

3.     Obligations of the user

 

3.1   The user is only entitled to use the online site in the proper manner. The user must refrain from any action that could disrupt or damage the Internet site of Glossy Mag as well as its contents or system safety. In the event of any contravention the user will be liable for compensating Beauty Trend GmbH for any arising damage.

3.2   Some of the services available on the Web site require previous registration of the user (e.g. setting up a member account, using the “Forums Area”). The user is obliged to only use correct and complete details for registration and, in the event that these subsequently change, to update them immediately. The granted access authorisation is not transferable and the user must not misuse the access authorisation (e.g. by passing on the contents or passwords to unauthorised third parties).

3.3   Registered users are responsible for the confidentiality of their user accounts and the passwords selected by them, and they must undertake all that is necessary to prevent unauthorised third parties from gaining access to the user account. However, if the user finds out that unauthorised third parties are using the user account and the password, then the user is obliged to immediately notify Beauty Trend GmbH to this effect via the E-mail address, and to change the user’s password. Beauty Trend GmbH excludes all liability for damage incurred as a result of the unauthorised or incorrect use of password-protected log-ins of the user.

 

4.     Members, forums and commentary areas

 

4.1   The user undertakes to use the members, forums and commentary area exclusively for exchanging information or for communication. Contributions to the forums must relate to the subject of the given forum. Users of the members, forums and commentary areas are obliged to observe the generally accepted rules of politeness when using these areas. Users are not allowed to use these areas for commercial purposes. Users are prohibited from:

 

• Insulting, threatening, defaming or pestering persons (other users as well as third parties) or to infringe         their personal rights or integrity in any manner;

• Publishing materials or other information by which persons could insult, threaten, defame or pester persons (other users or third parties) or infringe their personal rights or integrity in any manner;

• Uploading materials, information or files, or distribute these in any other manner, with contents that are protected by copyright or in any other form (e.g. brands, designs, images, in conformity with KUG, etc.), other than the user is the owner of these rights or can prove that it has obtained all legally required authorisations for corresponding use;

• Uploading and attaching materials, information or files that could impair the system safety or the working order of the EDP systems of third parties, or to set links that link up with such Web pages;

• Changing the contents of forums, and copying of them for personal non-commercial purposes, for reproduction, renewed publishing or downloading.

 

4.2   As a result of the publication of contributions and materials in the forums, the user assumes unlimited liability vis-à-vis Beauty Trend GmbH for all third-party demands that are asserted under the points listed in Section 4.1, especially the demands on account of the infringement of copyright or other protected intellectual property rights.

4.3   If not explicitly stated on the given Internet page, the contents set by users are not verified, revised or approved by Gloss Mag. Consequently, Beauty Trend GmbH does not assume any responsibility for such contents and distances themselves explicitly from the contents set by the users.

 

5.     Hyperlinks

 

Within the framework of the Beauty Trend GmbH Internet offer, hyperlinks are also published on third-party Web sites, as well as third-party services and software products. Beauty Trend GmbH has absolutely no influence on their set-up or contents. Moreover, Beauty Trend GmbH does not assume any responsibility for the correctness, legality and completeness of the linked contents, nor do they call these their own – either explicitly or tacitly. The use of such Web sites, services or software products is at the user’s own risk.

 

6.     Termination

 

6.1   The usufruct agreement of a registered user can be terminated vis-à-vis Beauty Trend GmbH at any time by post or E-mail via the address given in the Imprint without observing a period of time or giving any reasons.

6.2   Beauty Trend GmbH reserves the right to terminate the usufruct agreement with registered users without giving any reasons within a time limit of four weeks, either by post or E-mail.

6.3   The right to extraordinary termination on account of an important reason remains unaffected by the aforementioned regulations. An important reason exists especially when these Terms of Use are significantly and repeatedly violated by the user.

 

7.     Data protection

 

Beauty Trend GmbH undertakes to observe the legal regulations relating to data protection. Refer to the Data Protection Declaration in this context.

 

8.     Liability

 

8.1   Beauty Trend GmbH has no influence on the contents published by the users, nor do they call these their own – either explicitly or tacitly. Beauty Trend GmbH does not assume any responsibility for these contents.

8.2   Beauty Trend GmbH is only liable vis-à-vis the user in the event of culpable infringement of cardinal duties in keeping with legal regulations. Here, cardinal duties are defined as all duties which, when violated, would endanger the achievement of the contractual purpose, as well as all duties the fulfilment of which enable the orderly implementation of the agreement and which the user can rely upon to be observed. However, the amount of compensation is limited to the foreseeable, typically arising damage.

8.3   Beauty Trend GmbH is liable without limitation in conformity with legal regulations for gross negligence and deliberate action. Furthermore, Beauty Trend GmbH is likewise liable for damage to life, limb or health or due to product liability based on a culpable breach of duty by Beauty Trend GmbH, its legal representatives or vicarious agents.

8.4   Further-going liability claims of the user against Beauty Trend GmbH do not exist and this is independent of the legal nature of the claims made by the user against Beauty Trend GmbH. Furthermore, Beauty Trend GmbH points out that unforeseeable system failures can result in temporary or permanent system failures with associated data loss. Glassy Mag is not liable for damage or data loss arising in this manner.

 

9.     Miscellaneous

 

9.1   In the event that a stipulation of these Terms of Use is or becomes ineffective, then this will not affect the effectiveness of the remaining stipulations. The invalid stipulation is to be replaced by common consent by one that takes the interests of the contractual parties into account and is best suited to achieve the desired economic purpose. The same applies to possible loopholes that this agreement may contain.

9.2   The agreement is subject to, and has been drawn up in conformity with, the Law of the Federal Republic of Germany. All legal disputes resulting from this agreement or that are related with it or the contractual purpose, are – in so far as permissible – subject to the exclusive jurisdiction of the Courts in Berlin. The place of performance for both parties is Berlin, Germany.