Terms and Conditions
§ 1 General
- The following General Terms and Conditions (GTC) apply to all contracts concluded via the website https://pureportal.io and concluded with Andreas Ehrhardt as owner of PurePortal (Mähderstraße 45, 72768 Reutlingen) (hereinafter referred to as PurePortal). These terms and conditions set the terms for the sale of slots and use of the forum, as well as the website.
- These Terms and Conditions apply exclusively. Other terms and conditions are not part of the contract, even if the PurePortal does not expressly contradict them.
- Even if no special reference is made to them when concluding similar contracts, the General Terms and Conditions of the version available in the User's declaration at https://pureportal.io/terms-and-conditions, unless the contracting parties agree otherwise in writing.
§ 2 Conclusion of contract
- Subject of these terms and conditions is the sale of virtual premium slots (hereinafter: slots)
- In order to purchase the slots, it is necessary to create a free account on the site https://pureportal.io and to register according to instructions.
- The presentation of slots on the website does not constitute a binding offer to conclude a purchase contract.
- By submitting the order via the website by clicking on the button "Pay Now" you make a legally binding order. You are bound to the order for a period of two weeks after making the order.
- The receipt of the order is immediately confirmed by e-mail. In such an e-mail there is no binding acceptance of the order, unless it is explained in addition to the confirmation of access at the same time the assumption.
- A contract is only concluded when the order is accepted by a declaration of acceptance or by the release of the slots.
- The delivery takes place by the ordered slots are credited to the user account.
- Should the delivery of the slots not be possible, we will refrain from accepting a declaration. We will inform you about this immediately and refund any compensation already received.
§ 3 Right to withdraw
- Right to withdraw is according to. § 312g para. 2 no. 6 excluded, because this is about distribution of virtual goods.
§ 4 Terms of delivery and payment
- After successful debit of the purchase price, the ordered number of slots will be made available to the user account.
- Payment is via PayPal. The individual prices can be found on the website https://pureportal.io/profile/buy-slots.
- Payment will be made directly after completion of the order process. The release takes place only after receipt of payment.
- Due to the small settlement of the USTG Section 19 is only a bill without a separate identity of the sales tax issue (§ 19 USTG).
§ 5 Terms of delivery and payment
- The operator confirms the registration by sending a confirmation email with an activation link.
- Using of account is for each user free of charge.
- Each user gains access to the Share Center, which can be accessed via the link https://pureportal.io/sharecenter. There the offered programs can be extended by Plugins / Extension and other files.
- Each user gains access to the forum, which can be accessed via the link https://forum.pureportal.io/. There users can discuss with others about various topics and exchange knowledge.
- Only users who have logged into the system may publish posts in the Share Center and in the forum.
- The term starts with the registration and with the agreement of our conditions of use and lasts for an indefinite period. The user account can be terminated without notice at any time without giving reasons. If slots are still available at the time of termination, they will be irrevocably deleted. A material refund of the purchase price is excluded.
- There is no legal claim to the activation of the contributions. It is up to the administrator to activate or block the contributions.
- The user account can be irrevocably blocked by the administrator if a violation of the rules of use is found. The existing premium slots expire irrevocably in this case.
- The operator is exempted from any claims by third parties, if a user is responsible for such claims through his contribution to the creation.
- The user is solely responsible for copyright according to Copyright law when publishing articles. The user only grants the user the right of use.
- No guarantee is given for the contributions, topics, external links published in the forum and the resulting contents, not for their correctness, completeness and topicality. There is no obligation to permanently monitor the transmitted and stored contributions of users or to investigate the circumstances as to whether they indicate illegal content. The liability is only in the case of an intentional or grossly negligent breach of duty.
- The use of the contributions and their utilization is at your own risk.
- It is not guaranteed for a continuous uninterrupted retrieval of the website. Liability in this regard is hereby expressly contradicted. Unfortunately, downtime cannot be ruled out even with great care.
§ 6 Duties for users of the Share-Center and the Forum
- The user is prohibited from publishing or distributing the untrue contents or contents the publication of which constitutes a criminal offense or an administrative offense.
- Sending spam through the Share Center is prohibited. Use of legally protected by copyright and trademark rights protected content without authorization is prohibited.
- The anti-competitive acts are prohibited.
- It is prohibited to publish the posts, their contents being offensive, racist, discriminating against other users and the general public.
- It is prohibited to post a topic several times in the forum (double posting).
- It is prohibited to publish the advertisement in the forum or in the Share Center without the permission of the provider.
- The user is obliged to check the contents of the new posts before sending. Published posts can be tracked by search engines and made accessible to others worldwide.
- There is no entitlement to cancellation or correction of posts.
- The provider is entitled to change, delete or block posts.
§ 7 Warranty
- We are liable for material or legal defects delivered articles according to the valid legal regulations, in particular §§ 434 ff. BGB. The limitation period for statutory claims for defects is two years and begins with the delivery of the goods.
§ 8 Defects
- The slots have the agreed condition and are suitable for the contractually assumed, in the absence of agreement for the ordinary use. It satisfies the criterion of practical suitability and has the standard quality of software of this type; However, it is not perfect. A malfunction of the program resulting from hardware deficiencies, environmental conditions, incorrect operation or the like, is no shortage. An insignificant reduction in quality is disregarded.
- In case of material defects, the PurePortal can first refill. The rectification is done at the discretion of PurePortal by eliminating the defect, by delivering slots that do not have the defect or by the fact that the PurePortal shows ways to avoid the effects of the defect. Due to a defect, at least three attempts at improvement must be accepted.
- The orderer supports the PurePortal with the error analysis and remedy of defects, by describing concrete occurring problems, which comprehensively informs PurePortal and gives it the time and opportunity necessary for the remedy of the defect. PurePortal may perform the remedial action at its own discretion on site or at its premises. The PurePortal can also provide services by remote maintenance. The customer must provide the necessary technical requirements at his own expense and to give the PurePortal electronic access to the software after prior notification.
§ 9 Defects of title
- PurePortal warrants that the contractual use of the slots by the customer does not conflict with third-party rights. In the event of legal defects, PurePortal warrants that it will provide the customer with a legally acceptable use of the software or equivalent software at its discretion.
- The customer immediately informs PurePortal in writing if third parties assert protective rights (for example copyright or patent rights) in the software. The PurePortal supports the orderer in its defense against the attacks of the third by advice and information.
§ 10 Liability
- We are liable to you in all cases of contractual and non-contractual liability for intent and gross negligence in accordance with the statutory provisions for damages or reimbursement of futile expenses.
- In other cases, unless otherwise stipulated in subsection (3), we shall only be liable for breach of contractual obligations whose fulfillment enables the proper execution of the contract and on whose compliance you as customer can regularly rely (so-called cardinal obligation), limited to the replacement of the predictable and typical damage. In all other cases, our liability is excluded subject to the provision in paragraph 3.
- Our liability for damages resulting from injury to life, limb or health and under the Product Liability Act remains unaffected by the above limitations and exclusions of liability.
§ 11 Intellectual property Rights
- We have copyrights on all pictures, films and texts published in our online shop (including the forum and the Share Center). Use of the images, films and texts is not permitted without our express consent.
§ 12 Secrecy and data protection
- The contracting parties undertake to enclose all items (incl. software, documents, information) which they receive or become aware of before or during the execution of the contract by the respective other contracting party, which are legally protected or which contain business or company secrets or are designated as confidential. to be treated confidentially beyond the end of the contract, unless they are publicly known without violating the obligation of secrecy. The contract partners store and secure these objects in such a way that access by third parties is excluded.
- The PurePortal processes the data required for the business transaction of the user in compliance with the data protection regulations.
§ 13 Final Terms
- Changes and additions to the contract must be made in writing in order to be valid. The written form requirement can only be waived in writing. To ensure the written form is also sufficient to submit a text, in particular by fax or e-mail.
- The law of the Federal Republic of Germany shall apply excluding the UN Sales Convention. The place of fulfillment and jurisdiction for all disputes arising from and in connection with this contract is the registered office of PurePortal for contracts with merchants.
- The contracting parties agree, in all disputes arising out of or in connection with this contract, to extend contract extensions or supplements which they can not settle with one another, the arbitration board of the German Association for Law and Computer Science (www.dgri.de/), in order to settle the dispute in whole or in part, provisionally or finally in accordance with the then valid mediation order in the version valid at the time of the initiation of a conciliation procedure. The limitation period for all claims arising from the disputed circumstances is from the date of the conciliation request to the end.
- If individual parts of these terms and conditions are no longer completely or no longer completely compliant with the applicable legal position, it can be assumed that the remaining provisions of the GTC remain valid.