General Terms and Conditions / Terms of Use
Version dated 12th of July 2009
1. Scope
The sole proprietorship David Vogt, consecutively named as "bestcarmakers.com", is the licencee
of the internet advertising portal www.bestcarmakers.com. David Vogt rents the advertising
space to car makers and car suppliers as well as their partners, consecutively defined as "customer", and offers all
visitors a car raffle. A visitor of this website completing the registration process and
playing activiely is being defined as "player".
These terms and conditions are applicable for all the services offered by "bestcarmakers.com",
and will be used by the customers and players of the internet advertising portal respectively.
These terms and conditions are mandatory for the usage of the offered services provided by the
"bestcarmakers.com" as far as no further rules have been agreed in written form, or are required
by the German law. Any other terms and conditions are not applicable except those previously accepted
by "bestcarmakers.com", and approved by "bestcarmakers.com" in written form.
"bestcarmakers.com" reserves the right to extend, alter and improve the offered services.
As a result "bestcarmakers.com" is allowed to change and amend these terms and conditions including
all optional enclosures at any time. The new terms and conditions are considered as accepted if the
new terms and conditions haven't been rejected in written form (either via email or by post)
within 4 weeks from the date of their publication. In case the contract between "bestcarmakers.com"
and customer has been terminated, due to a change of these terms and conditions,
the costs for adding the respective advert are to be paid back to the customer proportionally.
Please read paragraph "2.1 Rules" for more information.
2. Advertising
2.1. Rules
The car makers and car suppliers as well as their partners have the opportunity to rent ad space on the website www.bestcarmakers.com
by adding a picture link onto their own website, however, it is not permitted to use animated graphics.
The respective ad remains on the "bestcarmakers.com" website for 1 year. The contract will be extended automatically
for one additional year if no written cancellation (either by email or post) has been submitted
at least one month prior to maturity of the contract.
The ad space on the website www.bestcarmakers.com consists out of a square field with the size of 100x100 pixel blocks,
each block 10 pixels x 10 pixels in size. The customer can rent as many free blocks as required,
and can use the respective rented space, defined as advertising entry, to place own logo, or any other picture
which will be linked to any chosen content existing on the respective customer's website.
The rental price is guaranteed for 1 year and amounts to 30 Euros exclusive of 19% VAT for each pixel block
consisting out of 10 pixels x 10 pixels. The rental price can be reduced during the special offer days.
Regular rental price applies, once again, if the initial one year contract will be extended.
The special offers will be announced in the "Link pixels" section on our website.
Websites with the most clicks will be listed on "Top 10" menu. "Top 10" list will be updated daily.
10% of the net advertising earnings will be contributed to the charity organisation "UNICEF"
(United Nations International Children's Emergency Fund). The collected amounts will be transferred at the end of each year,
and the donation receipts will be announced on the "bestcarmakers.com" website.
Further 10% of the net advertising earnings will be used for a car raffle, offered on the "bestcarmakers.com" website.
The car raffle includes, among other things, a car quiz with multiple-choice questions.
The questions for the car quiz are defined by those customers renting 10 pixel blocks at least.
Each customer is authorised to ask one question per 10 rented pixel blocks.
More information about the car raffle can be found in the paragraph "3. Car raffle".
The customer can alter the pixel entry (picture and link) as well as the own questions, if applicable, at any time,
that way the own adverts can be kept up to date 24/7. Especially in this case, our website has a designated customer area
allowing the customer to log in, using the respective user identification (ID) and login password, in order to enable
the modification of data. Every customer is obliged to keep the password secretly. The customer is obliged to change
or to enforce a change of the secret login data, upon any suspicion of the secret login data being revealed by any third party members.
The website can be displayed both in German and in English, henceforth, the customer area exists in both languages respectively.
Customers who have rented more than 10 pixel blocks are entitled to ask questions in both languages.
Players registered under the German settings are answering German supplied questions only.
Whereas players registered in English are answering English supplied questions only.
In order to distinguish clearly between the different advertising priorities existing in different language regions,
the questions supplied by the customer in German language may vary from the questions in English language, and vice versa respectively.
However, the wording of the questions shall be chosen in the favour of the customers to allow the player
to distinguish clearly between the customers. The customer is responsible only for the content of the questions provided.
The website in German mode may contain questions in German language only.
The website in English mode may contain questions in English only.
The switch between the German and English language website can only be used by clicking the respective flag,
located on the top right hand corner on the "bestcarmakers.com" website.
"bestcarmakers.com" is entitled to relocate the position of the advertising entries a couple of pixel blocks to the left,
to the right or to the top in order to allow the best possible distribution.
In case the contract has been terminated by a customer, due to a change of the existing terms and conditions,
all the costs for adding the advert will be paid back proportionately.
The refund has to be calculated for each full month of the remaining advertising period,
e.g. a customer has terminated its contract 3.5 months prior to the end of its 1 year contract,
and therefore is entitled to be refunded for the remaining 3 months.
"bestcarmakers.com" reserves the right to suspend a business connection to a customer at any time.
In this particular case all the money paid for the rented ad space will be fully refunded.
2.2. Order acceptance and conclusion of the contract
At the beginning the customer books adverstising space for its own entry
by selecting any pixel blocks available in the "Link pixels" section, and entering all the compulsory data.
The booked pixel blocks must be shaped rectangularly and mustn't surround any free or already linked area.
The customer must transfer the respective amount due, to be paid to the "bestcarmakers.com" bank account
once the booking has been completed. The reason for payment must indicate clearly the customer number
as well as the invoice number which have been generated and made applicable earlier to the customer during the booking process.
The customer will receive an automatically generated email, as a reminder, containing a link to a website with the respective
information needed to settle the invoice and to complete the registration.
The pixel blocks booked will have to be cancelled if the payment hasn't been received after one week from the day of booking.
If a customer wishes to get the invoice beforehand and/or wishes to extend the payment period,
the respective customer must not forget to inform us by sending us an email (using the contact form).
An extension of the payment period can not be guaranteed.
Those website users booking pixel blocks without any intention to pay at all are unnecessarily creating wreak havoc
to the "bestcarmakers.com". In this particular case "bestcarmakers.com" reserves the right to save the access information
(IP address and the access time) from the respective causer and to demand for compensation of punitive damages arising as a result.
Parents, legal guardians, and other taking care of people under the age of 18, hold the fully responsibility
for the respective people accordingly.
A contract between the customer and "bestcarmakers.com" will only materialise once the customer has received a written confirmation,
either via email or by post, to confirm the receipt of payment, however, not later than the activation of the advertising entry.
By sending this written confirmation, which also contains the respective invoice, the advertising entry will be activated
simultaneously. Confirmations agreed either verbally or by telephone are legally not binding.
The advertising portal is designated for car makers and car suppliers as well as their partners only. An entitlement to make an advertising entry public
on the ad space can not be guaranteed. "bestcarmakers.com" reserves the right to reject advertising requests
without giving any reason. In this case the customer will be fully refunded, and the right
to assert further claims arising can not be reserved.
The website contains links to other websites maintained by third parties such as our customers.
We do not operate or control, in any respect, or necessarily endorse the content found on these third party websites,
and therefore we can not be made responsible for any content (posted on third party websites), or can not be made liable for the customers
loss or damage of any sort incurred as a result. Entries including pornographic, politically radical,
racist or forbidden contents, or links which do not comply with the law, good manners or morals can not be accepted.
If a customer changes its active link later on with either pornographical, politically radical, racist or forbidden content,
and does not react to a warning, "bestcarmakers.com" reserves the right to terminate the contract without
any further notice immediately. In this case the entry of the customer will be deleted without any refund,
and the arising expenditure of work as well as the directly and indirectly arisen expenses will be invoiced
to the respective causer. The same applies in case a customer violates one or more points of our terms and
conditions afterwards, and does not react to a warning.
"bestcarmakers.com" reserves the right to postpone the activation of adverts due to technical or any other unexpected reasons.
Every single customer accepts these terms and conditions as generally binding by adding its advertising entry,
and as a result guarantees that all its registered links are according to the applicable law and conventions.
3. Car raffle
"bestcarmakers.com" offers a car raffle, and anyone can participate at no charge by request.
"bestcarmakers.com" is the only offeror of this raffle.
3.1. Raffle requirements
In order to take part in the car raffle the player must be over 18 years of age and must have full legal capacity.
Furthermore the player must complete the registration form with the right content and to confirm these terms of use.
Players are entitled to take part in the car raffle with complete and correct registration data only.
In case the data were entered deliberately incorrect, "bestcarmakers.com" reserves the right
to exclude the respective player from the raffle participation, and to demand reimbursement
caused through inappropriate behaviour. If the respective causer wins, its prize will be assigned
into the jackpot of the following raffle. The same applies if one player attempts to register with various
email addresses on several occasions.
After completing the registration form the player will receive an email with an activation link which must be clicked
in order to complete the registration. Afterwards the respective player will be entitled
to commence to play along immediately. Player's personal data are, of course, subject to data protection and under no circumstances
can be misused or given to third party members. The respective data will be used mainly for the purpose of winning notifications.
Only the modified first names of the winners as well as the possibly modified respective city names (if desired by the winners)
and country names will be announced on a public winners' list anonymously, e.g.:
Alex from Berlin (Germany), prize money: 3,000 Euros.
3.2. Raffle rules
Each raffle has its individual jackpot, and the run duration is set to 3 months,
and may slightly vary from raffle to raffle, for instance the end of a raffle can be allocated to a public holiday.
At the end of a raffle the money in the jackpot will be drawn and paid out, thereafter a new raffle is ready to commence.
The beginning and the end of the respective raffle will be announced on the website in the "Rules" section on time.
As defined in the point "2.1. Rules" above earlier,
the 10% of the net advertising earnings, named as "raffle money", will be used for the car raffle.
If a business connection to a customer has been closed, the advertising earnings may be reduced
as the customer may has to be refunded, and as as a result the "raffle money" may be reduced accordingly.
The jackpot of each raffle will be filled with up to 10,000 Euros from the "raffle money",
the remaining amount in the "raffle money" will be used for the upcoming raffles. A new raffle may commence as soon as
the "raffle money" has a positive value. Otherwise the start of the respective raffle will have to be postponed.
The objective of the raffle is to gain as many points as possible. The player earns points if the player:
a) clicks on one or more pixel entries.
[1 point per click]
b) takes part in the car quiz, thus answering the questions provided by car makers and car suppliers as well as their partners.
[20 points per question]
c) encourages other individuals to take part in the raffle and those inspired to play along.
[200 points per advertisement as soon as the inspired player gains more than 500 points]
Already just clicking on the various pixel entries entitles the player to earn up to 10 points daily.
For each question answered correctly the player will get 20 non-recurring points.
The car makers and car suppliers as well as their partners which are placing their entries on this website and completing the car quiz are permitted
to alter and to delete the questions, or add new questions at any time. The player can gain points only for the questions
which the player hasn't answered yet, or which haven't been deleted yet by the customers. The players registered on the German website
can answer the questions provided in German language only. The players registered on the English website can answer
the questions provided in English language only. The language setting of the questions can not be switched
after the registration, and can only be changed by completing an application in written form prior to a new raffle.
The player can inspire further individuals to participate in the raffle by recommending us.
If a new player fills in the email of the respective inspirer in the registration form, and the new player gains more than 500 points,
the respective inspirer will be rewarded with 200 points additionally. Therefore, individuals clicking daily on 10 pixel entries,
answering many questions, and inspiring friends to play along, have the highest possible chance to be amongst those winning the raffle.
The number of points per question, the number of points per advertisement as well as the number of points,
which the inspired player has to gain in order to allow the advertiser to earn advertising points,
can not be readjusted while a raffle is running. Before a new raffle commences, however, the distribution of points
(mentioned in the previous sentence) can be readjusted.
Rules of the current raffle are shown in the "Rules" section on our website.
"20 points for each question answered correctly", "200 points per advertisement" as well as "500 points" of inspired player
are predefined in our general terms and conditions as an example only, to clarify how the respective points could be distributed.
At the end of each raffle (thus after a period of 3 months) the respective jackpot will be paid out to the 7 "best" players.
At the same time the score of all players will be set back to zero "0". Immediately afterwards new points can be gained,
despite the fact of an empty jackpot of the upcoming raffle. The empty jackpot is the only reason why the new raffle hasn't
started yet. As soon as the amount of money in the jackpot exceeds zero "0", a new raffle commences,
and all the points gained earlier, between the end of the last raffle and the beginning of the upcoming raffle,
will be counted towards the newly commenced raffle.
1st place will be awarded to the player with the highest score (highest amount of points).
2nd to 5th places will be drawn amongst the first 100 players (with the highest score) randomly.
6th and 7th place will be drawn amongst all the other players randomly.
Players with zero "0" points are being defined as inactive and can not be among those taking part in the draw.
In case two or more players are having the same score, the ranking at the draw will be made according to the registration date,
in which players with the earlier registration date will be ranked higher.
Example: If at the end of a raffle two players have reached the highest possible score at the same time,
the player registered earlier is going to be placed in front and wins the 1st prize consequently.
Profit margins:
1st place: 40% of the respective jackpot
2nd place: 25% of the respective jackpot
3rd place: 15% of the respective jackpot
4th to 7th place: 5% of the respective jackpot
All costs incurred in the context of paying the prize money are exclusively at winners' expenses
and will be deducted from the prize money respectively.
If a player has been inactive (points level hasn't changed) for more than 3 months, "bestcarmakers.com" reserves the right
to block the player from the car raffle. In this case the respective player
will be excluded to participate in the car raffles in the future, unless a written form was submitted to terminate the restriction
and has been approved by "bestcarmakers.com".
Raffle participation and prize money payout can not be guaranteed by law.
"bestcarmakers.com" can not guarantee a win, especially if the services of the website www.bestcarmakers.com
have been terminated either partly or fully.
4. Disclaimer
4.1. In General
Every effort is made to keep the website up and running smoothly.
However, "bestcarmakers.com" reserves the right to restrain the accessibility to its internet portal,
especially due to technical issues (for example due to maintenance and/or servicing),
or to make the website temporarily unavailable. The website or individual services offered on the "bestcarmakers.com" website
may become unavailable due to overloaded servers, or system failures for a short period of time.
As a result of this, "bestcarmakers.com" will not be liable for any claims.
For damages occurred during the usage of our internet portal, irrespective of legal basis,
"bestcarmakers.com" will be liable due to very obvious malicious intentions or gross negligence only.
Our disclaimer applies especially in case of unpredictable events, political effects, natural disasters and war.
"bestcarmakers.com" is liable only for losses arising directly. "bestcarmakers.com" is not liable for any indirect losses
and/or any other benefits arising as a result. The liability may not exceed the invoiced amount paid by the customer
to "bestcarmakers.com". All claims for damages by the customer against "bestcarmakers.com" forfeit after 6 months
from the day of occurrence of the respective liability case. The limitation of liability applies only insofar
nothing else has been regulated by the German law.
4.2. References and links
All references and links to external websites are outside of control of "bestcarmakers.com",
and as such we cannot accept responsibility for their contents or reliability.
The licensee of www.bestcarmakers.com herewith affirms that during the activation process of the advertising entries
no illegal content could be recognised on the third party website linked. As a consequence
the liability of third party websites linked through the "bestcarmakers.com" must be excluded.
"bestcarmakers.com" has no influence on the current and future design and the contents of the third party websites linked.
All customers can alter contents of their advertising entries at any time and therefore are liable for the respective
contents by oneself only.
5. Privacy policy
The personal data of the customers as well as of the players taken during the registration period are provided voluntarily.
"bestcarmakers.com" must emphasize, in accordance with the German law (§ 33 BDSG),
that all personal related data in the context of order execution and/or raffle participation will be stored electronically.
The respective personal data won't be misused or given to any third party members.
This declaration applies for the personal data of the customer as well as of the player.
Only the modified first names of the winners as well as the possibly modified respective city names (if desired by the winners)
and country names will be announced on a public winners' list anonymously, e.g.:
Alex from Berlin (Germany), prize money: 3,000 Euros. Therefore anonymity can be guaranteed.
We understand that by registering for our car raffle a player entitles us to store the respective personal data,
and to announce the respective data as described one paragraph earlier.
"bestcarmakers.com" states explicitly that nowadays security of data transfer in open networks can not be guaranteed.
"bestcarmakers.com" has no control over transferring data in open networks securely.
6. Intellectual property rights, etc.
All trade marks and product names remain the intellectual property of the respective owners.
The respective customer guarantees to be the proprietor of the intellectual property, trade marks rights, ancillary copyrights,
and other rights accordingly which are required in order to publish the advertising entry (texts, logos and graphics).
"bestcarmakers.com" is not liable arising out of breach of the competition law or infringement of an industrial property rights
by the customer, as far as this is legally allowed.
Our intellectual property
All design, images, logos, graphics, photography, text as displayed on our website, are protected under the intellectual property,
trademarks and other intellectual property rights. However, if you feel that "bestcarmakers.com" has infringed your own
intellectual property, please inform "bestcarmakers.com" as soon as possible.
The copyright of the website items created by the licensee, the concept and design of the website,
the programming code as well as the content of the services published shall remain vested in the "bestcarmakers.com"
or its licensors.
7. Final clause
All subsequent modifications, supplements, special requirements etc. of these terms and conditions are to be made in written form.
Should one or more of the preceding parts or a regulation included in connection with these general terms and conditions
be or become ineffective in whole or in part, the remaining parts shall remain unaffected.
In this case, the ineffective part or regulation included in connection with these general terms and conditions
shall be replaced by an effective part which most closely resembles the ineffective one.
The same applies for any existing loopholes in these terms and conditions.
The formation, existence, construction, performance, validity and all aspects of these terms and conditions
will be governed by the German law, and the parties submit to the exclusive jurisdiction of the Stuttgart's courts in Germany,
as far as this is legally allowed.
© 2009 www.bestcarmakers.com
All rights reserved.
|
|
