Terms and Conditions of Advanced Sponsorship Insights GmbH
Status September 2022
General Terms and Conditions vis-à-vis entrepreneurs (B2B) – service contract – Usages of A.S.I. Platform
1. Scope of Application
(1) These Terms and Conditions (T&C) contain the terms and conditions that apply exclusively between you and us, the Advanced Sponsorship Insights GmbH (“A.S.I.”) unless they are modified by written agreements between the parties. Deviating or conflicting Terms and Conditions shall not be recognized unless we have expressly agreed to them.
(2) You will be notified of any amendments to these Terms and Conditions in writing or by e-mail. If you do not object to this amendment within two weeks of receipt of the notification, the amendments shall be deemed to have been accepted by you. You will be informed separately of the right to object and the legal consequences of silence in the event of an amendment to the Terms and Conditions.
(3) These Terms and Conditions apply to the use of the A.S.I. Platform (“Platform”) and its designated (sub)products.
2. Intellectual Property Rights
(1) Unless otherwise indicated, the Platform is A.S.I. property and all source code, databases, functionality, software, platform designs, audio, video, text, photographs, and graphics on the Platform (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws.
(2) The Content and the Marks are provided on the Platform “AS IS” for your information only. Except as expressly provided in these Terms and Conditions, no part of the Platform and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any purpose whatsoever, without our express prior written permission.
(3) Provided that you are eligible to use the Platform, you are granted a limited license to access and use the Service and to download or print a copy of any portion of the Content to which you have properly gained access solely for your use. We reserve all rights not expressly granted to you in and to the Platform, the Content and the Marks.
3. Registration as a user by using the Platform, you represent and warrant that:
(1) all registration information you submit will be true, accurate, current, and complete;
(2) you will maintain the accuracy of such information and promptly update such registration information as necessary;
(3) if your personal details change, you are responsible for updating them yourself;
(4) you will not access the Platform through automated or non-human means, whether through a bot, script, or otherwise;
You are liable for maintaining the confidentiality of any login information associated with any account you use to access the Services, and thus you are also responsible for all activities that occur on your account. You will be solely responsible for any consequences, losses, or damages that the Company may directly or indirectly incur or suffer due to any illegal or unauthorized activities conducted by you or person engaged by you.
4. Prohibited Activities
As a condition of your use of the Services, you will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Services in any manner that could damage, disable, overburden, or impair any server, or the network(s) connected to any server. You may not attempt to gain unauthorized access to any Services, other accounts, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services.
5. User Generated Contributions
The Service may invite you to contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Service, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “Contributions”). Contributions may be viewable by other users of the Service (Users within your organization).
As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:
(1) the creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, privacy, data protection or moral rights of any third party;
(2) you are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Platform, and other users of the Platform to use your Contributions in any manner contemplated by the Platform and these Terms of Use;
(3) you are responsible for the accuracy, correctness and quality of the data you contribute and A.S.I will not be liable and you agree not to claim for any direct, indirect, incidental, exemplary or consequential loss or damages which may be incurred due to this;
(4) your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap;
(5) your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Use, or any applicable law or regulation.
(6) your Contributions do not violate the privacy or publicity rights of any third party, e.g. according to the General Data Protection Regulation (GDPR).
Any use of the Platform in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Platform.
6. Submissions
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Service (“Submissions”) provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your submissions.
7. Term And Termination
These Terms and Conditions shall remain in full force and effect while you use the Service. We reserve the right to block access for important reasons even during the term of the contract.
If we terminate or suspend your account for any important reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including, without limitation pursuing civil, criminal, and injunctive redress.
8. Platform Management
We reserve the right, but not the obligation, to:
(1) monitor the Platform for violations of these Terms of Use;
(2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities;
(3) otherwise manage the Platform in a manner designed to protect our rights and property and to facilitate the proper functioning of the Service.
9. Limitation of liability
(1) We shall be liable for intent and gross negligence. Furthermore, we shall be liable for the negligent breach of obligations, the fulfillment of which is essential for the proper execution of the contract, the breach of which jeopardizes the achievement of the purpose of the contract and the observance of which you as the customer regularly rely on. In the latter case, however, we shall only be liable for the foreseeable damage typical for the contract. We shall not be liable for the slightly negligent breach of obligations other than those specified in the above sentences.
The above exclusions of liability shall not apply in the event of injury to life, limb or health. Liability under the Product Liability Act shall remain unaffected.
(2) Data communication via the Internet cannot be guaranteed to be error-free and/or available at all times according to the current state of technology. In this respect, we are neither liable for the constant and uninterrupted availability of our Platform.
10. Final provisions
(1) Amendments or supplements to these Terms and Conditions must be made in writing. This shall also apply to the cancellation of this written form requirement.
(2) The law of the Federal Republic of Germany shall apply.
(3) The place of performance as well as the exclusive place of jurisdiction for all disputes arising out of or in connection with this contract shall be the Nuremberg District Court.
(4) Should individual provisions of this contract be invalid or contradict the statutory provisions, this shall not affect the remainder of the contract. The ineffective provision shall be replaced by the contracting parties by mutual agreement by a legally effective provision which comes closest to the economic sense and purpose of the ineffective provision. The above provision shall apply mutatis mutandis in the event of loopholes.
(5) With regard to data protection regulations, the supplementary „Agreement on data processing in accordance with Article 28 General Data Protection Regulation (GDPR)” applies.
11. Contact Us
In order to resolve a complaint regarding the Service or to receive further information regarding use of the Platform, please contact us at: Advanced Sponsorship Insights GmbH Hammerweg 7 B, Georgensgmünd 91166 Germany Phone: +49 176 345 14 996 info@advanced-sponsorship-insights.com
12. Conclusion of contract
The presentation of our services does not constitute a binding offer on our part. Only the order of a service by you is a binding offer according to § 145 BGB. In the event of acceptance of this offer, we will send you an order confirmation by e-mail.
13. Terms of payment
The for the Service shall be made by invoice with a payment term of 7 days.
