Terms of Service

1. Scope
a. These General Terms of Use apply to users submitting content through the www.dakoshare.com site (“Website”).
b. Certain functions of the website can only be used after acceptance of these contractual conditions as part of a registration. A user contract between provider and user comes about through registration on the website.
c. The operator of the website and thus the contractual partner of the users is DAKOCON GmbH, Stubenwald-Allee 21a, 64625 Bensheim, ("provider"). i.e., other terms and conditions of the user do not apply unless the user expressly agrees to them. e. These terms and conditions apply exclusively to users who have completed the 18th year of life.

2. Objects of the contract
a. The website sees itself as a file hosting service for digital products. For this purpose, users can send and receive corresponding files. Customers can then conclude a sales contract with the seller via the website. The sale of digital content is therefore only reserved for users who have registered on the website.
b. The provider endeavors to further develop, maintain and make the website available. The offer of the website will be continuously developed and various factors, such as market requirements and the technical and economic situation, will be adjusted after proper consideration. Therefore, the offer includes the website in the current stage of development. However, the sellers are not entitled to the content and scope of the offer remaining unchangeable or having certain functions. In addition, there is no claim that the offer is always accessible and available and that it works correctly.

3. costs
a. Registration is free for users.
b. Users who offer digital products on the website incur costs when a sales contract is concluded between a seller and a customer. In this case, the provider is entitled to commission, which is to be borne by the customer. The specific amount of the commission will be communicated to the customer in advance. The costs arise regardless of a possible cancellation by the buyer or any other reversal of the purchase contract.

4. User Obligations
a. When registering on the website, users are obliged to truthfully and correctly fill in all the fields provided in the registration form. Successful registration is only possible if the mandatory fields are filled out.
b. Users may not take any actions that could result in an unreasonable or excessive burden for other users, the website, or the provider.
c. Users may only be registered with one account on the Website at a time. If a user has lost his registration data, he undertakes to contact the provider immediately.

5. Sellers Obligations, Payment Processing
a. Sellers undertake to comply with applicable law. Solely the seller is responsible for the legal requirements of his offer. He undertakes to comply with and fulfill all legal requirements in his sales offer. This applies to mandatory product information, price information, terms and conditions, cancellation policy, imprint and data protection information.
b. The seller is bound by the sales offer he has made.
c. The description of the offer must be complete and truthful i.e., the sales offer must not violate the rights of third parties or morality. This applies to trademark rights, copyrights, and personal rights.
e. Sales offers can only be placed at a fixed price.
f. The Sellers undertake to handle the Buyer's personal data in accordance with the GDPR.

6. Contracts between users
a. The provider is neither a contracting party nor a vicarious agent of the contract that the seller concludes with other users. The fulfillment of the contract and the processing of the contract also take place exclusively between the users themselves. The conditions of the seller apply exclusively to the respective purchase contract.
b. The provider has no influence on the behavior of other users. The provider cannot influence whether contractual obligations of the contracts between the users are fulfilled or whether a sales offer is successful.

7. Posted Content, Release from Liability
a. The sellers release the provider from all claims that other users or third parties assert against the provider due to possible violations of the law due to sales offers or other content. The exemption from liability includes the costs of the necessary legal defense of the provider including all court and legal fees in the statutory amount.
b. The sellers are obliged to support the provider in the event of claims by third parties e.g., by immediately, truthfully, and completely providing all information required for the examination of the claims and a defense.

8. Suspension of Member Accounts
a. The provider exercises the domiciliary rights via the website. In the event of violations of these conditions, laws and/or other rules published on the website, the provider can temporarily or permanently exclude the seller from using the website without warning and issue the seller a house ban.
b. The sellers allow the provider to delete or block their user accounts, sales promotions and functions at any time.

9. Liability under tele media law, limitation of liability
a. The Sellers acknowledge that the Provider assumes no responsibility for the content that the Provider did not create on the Website itself or that the Provider has not taken note of.
b. Except for injury to life, limb and health and the breach of essential contractual obligations (cardinal obligations), the provider is only liable for damages that are attributable to intentional or grossly negligent behavior. This also applies to indirect consequential damages such as lost profits.
c. The limitation of liability in these conditions also applies to the benefit of the provider's employees and vicarious agents i.e., Claims for liability based on mandatory national law remain unaffected.

 

10. Modification of these contract terms
a. The provider is entitled to change these general terms and conditions. The adjustment will only be made if there are valid and factual reasons and if it will not disturb the contractual balance between the seller and the provider. Such reasons can be, for example, legal and technical changes, experience with user behavior or unintentional gaps in the clauses. The change will be communicated to users by email and/or at the next visit to the website.
b. The seller is entitled to object to the changes. In the event of an objection, the provider reserves the right to terminate the contractual relationship between the provider and the seller with immediate effect.
c. The changes are considered accepted and binding if the sellers have not objected to the changes within 14 days.

 

11. Final Provisions
a. German law shall apply to this contract, excluding international private law (IPR) and the UN Sales Convention (CISG), insofar as there are no mandatory regulations to the contrary.
b. The contract language is German unless there are any mandatory regulations to the contrary.
c. The place of jurisdiction and place of performance is the company headquarters of the provider, insofar as there are no mandatory regulations to the contrary i.e., If individual provisions of this contract should be ineffective or the contract contains gaps, this does not affect the effectiveness of the remaining provisions of the contract. In place of the ineffective provision, an appropriate regulation shall apply that comes closest to the meaning and purpose of the ineffective clause in economic terms. The same applies to the filling of gaps.