General Conditions of Usage
of the www.miss-solution.com portal and parts of it

§ 1 Validity
These conditions of usage are valid for usage of the www.miss-solution.com portal as well as any parts of it referred to in the following text as the “Portal”. The Portal and its parts are operated by miss solution and its owner: Janine Escher, Swantewitstraße 91, 13125 Berlin, Germany und Hermann-Elflein-Strasse 29, 14467 Potsdam, Germany, telephone: +49 (0) 331 212151, fax: +49 (0) 331 2712153, e-Mail: contact@miss-solution.com referred to in the following text as “miss solution“.

§ 2 Content and Areas
(1) Using the miss solution portal offers content based upon the theme of “the wedding” for the areas Fashion & Beauty, Advisor, Travel & Honeymoon as well as Yellow Pages. This content is freely available for everybody and their private usage in accordance with the general conditions of usage.
(2) ) In the area of the Shop it is possible for everybody to choose from and purchase any of the variety of goods offered by miss solution. Special conditions of contract apply to purchasing contracts that are agreed to within the area of the Shop, which are available to be read always on the start side of the portal.
(3) Users may publish their own content in the area of the forum.
(4) miss solution reserves the right to close or restrict the portal or parts of it at any time.

§ 3 Industrial Property Rights
(1) miss solution retains all copyright and industrial property rights for all pages of the portal inclusive layout, software and their contents.
(2) The contents may be used by the user only for their own personal usage but not for commercial purposes. Incidentally it is also not allowed without the agreement of miss solution to download complete internet sides in their completeness or parts in order to reproduce them or to distribute them. Every usage for commercial purposes is prohibited unless miss solution has agreed to each individual case in writing. The transfer of data to Third Parties is also not permitted without the agreement of miss solution.
(3) It is prohibited to change or remove copyright notices, signs, or any other data or information in the content.
(4) ) It is prohibited to install a hyperlink on the portal when such linked sites contain ethically or morally offensive material, glorify violence, are racist or have illegal relevant information.

§ 4 Registration
(1) The user must register separately for both the Shop and Forum areas.
(2) The registration is free-of-charge. The user has no right to register. Only people that are capable of entering into unlimited legal transactions may register. Registration is only possible by filling out an electronic registration form with the required data. The data must be complete, true and valid. The user is solely responsible to keep the data up-to-date.
(3) When registering the user chooses a user name. After registration the user receives a password with which the user can log into the appropriate area of the portal. The user is re-sponsible to keep the user name and the password confidential and especially not to give it to other Third Parties. The user assumes all responsibility for any negotiations that are made in connection with the user name and password. The user is fully responsible to inform miss solution about any illegal usage of the access user name and password as soon as it be-comes known.
(4) The user can at any time request that the user name and password be deleted after access. After the access has been terminated the user data will be completely deleted, apart from when the data is needed to process the changes due to the user of the contractual rela-tionship.
(5) In the areas where the user publishes its own content the contributions will be published only with the full Christian name, Surname and Login Name.
(6) Access to certain areas can be restricted in the event that the conditions of usage are breached.

§ 5 ECreation of Content by the User in the Forum Area and User Full Acceptance of Liability
(1) When the user gives/transfers content for publication to miss solution then the user simul-taneously gives miss solution the non-exclusive right completely or partly to use, copy, adapt, publish, translate, modify, process, distribute, execute, present, to give simple right-to-use to Third Parties as well as the taking over of this content into other works or median free-of-charge and unlimited by either time or locality.
(2) The user is responsible that the content is correct and legal and that it does not violate rights of others. In this connection the users ensures especially that the user is either the owner of the content or has appropriate rights to publish the content.
(3) The user is prohibited from making/adding advertising of any nature or that is against the law, or that infringes the law, against licensing requirements or orders, or displays content that can damage/hurt Third Parties, which is especially true in regard of right wing extreme, pornographic, racist, insulting, slanderous or damaging to business or reputation statements.
(4) The user is responsible for all claims made by Third Parties against miss solution in respect of any content added by the user. The responsibility of the user also includes agreement to pay any lawyers costs required for any defensive action(s). At that time when the user accepts these general conditions of usage the users simultaneously agrees to these clauses relating to responsibility to accept full liability if the user violates these general conditions of usage.

§ 6 Guarantee
(1) miss solution accepts no liability for the case that the content of the portal does not fulfill the full expectation of the user or that the user can reach a target defined by the user by use of the content. Miss solution takes over no responsibility that the portal is available at a particular moment in time. Miss solution takes over no responsibility that the usage of the portal will be without disturbances or interruptions.
(2) The content presented on the portal is also from other Third Parties. Miss solution can guarantee neither the correctness of the content or that it is up-to-date. A guarantee is ex-cluded in respect of such content.
(3) miss solution does not own the content of the Banners, the Hotel Overviews, the Yellow Pages or other such advertising and assumes no responsibility for the same.
(4)The portal contains links to other internet pages/sites. It is unreasonable to suggest that miss solution can continuously check the content of these sites/pages or that miss solution has influence on these sites/pages. Miss solution miss solution expressly disassociates itself from these pages/sites.
(4) The portal contains links to other internet pages/sites. It is unreasonable to suggest that miss solution can continuously check the content of these sites/pages or that miss solution has influence on these sites/pages. Miss solution miss solution expressly disassociates itself from these pages/sites.
(5) miss solution brings to your notice that within the portal information can be added by the users. In the case that such subjective statements, information and opinions appear they can be exclusively attributed to portal users and such statements, information or opinions have not been checked by miss solution. In the case that such statements, information or opinions be untrue or damage the rights of others, then miss solution will attempt to have these statements, information and opinions removed from the user generated content area.

§ 7 Liability
(1) The liability of miss solution is limited to deliberate acts and gross negligence. This limitation of liability is not valid for damages resulting from infringements of essential contract re-sponsibilities (cardinal obligations): and damages from injury to bodily life or health.
(2) Paragraph 1 is also true for legal representatives, employees, fulfillment and assistants of miss solution.
(3) The regulations of the Product Liability Act remain unaffected.

§ 8 Advertising, Local Vendors- and Hotel Entries
(1) Subject Matter of the Contract
(a) Users that are companies can make agreements with miss solution about a permanent presentation in the portal (Presentation Contracts). Companies are every natural person, or legal person or legally capable business partnership, private company or non-incorporated firm that is executing its commercial or self-employment rights in business.
(b) The subject matter of the Presentation Contract can be an entry in the Yellow Pages (Local Vendors), an entry in the Hotel Overview, Banner or some other advertising of the user.
(2) Contract Duration, Cancellation
The minimum contract period for Presentation Contracts is 12 months. This automatically ex-tends itself by one month when either party does not cancel the contract 4 weeks before the end of the minimum contract period. After the minimum contract period has been fulfilled then the cancellation period for both parties is 4 weeks to the end of each calendar month. The right to cancel because of important reasons remains un-affected.
(3) Remuneration
(a) deleted
(b) The size of the remuneration as well as the modularity of the billing and payment, are re-gulated by the Presentation Contract. The remuneration is due with the signing of the con-tract, except if the parties agree alternate terms.
(c) Payment delay interest of 8 percent points above the basic interest rate will be applied for delays in payment. Miss solution can because of other reasons request that higher interest rates be paid. Assertion of additional damages due to delay in payment are not excluded.
(4) Interruption of Switch-On
miss solution will interrupt the switch-on immediately when there is evidence that the content of the advertising or target side is illegal of damages the rights of Third Parties.
(5) Right to Use
The user transfers appropriate rights for the usage and the contractually agreed switch-on of the advertising as well as for the placing of the information, especially for the multi-media rights and on-line rights, database rights, the transmission right and the advertising right.
(6) The Users Obligation to Cooperate
The user is itself responsible for the content and the correctness of the advertising. By the design and production of the advert the user must observe current legal rights and take care that the rights of any Third Parties are not infringed. If the user observes subsequently that the advertising damages the rights of other Third Parties then the user should inform miss solution without any delay.
(7) Release from Liability
The user releases miss solution from all Third Party indemnities that could result from the il-legality of the content of the advertising or damages to the rights of Third Parties that could result from the content. The release from liability includes also the costs of legal representation.
(8) Reproduction and Correction of the Advertising
The user is responsible to check the advert immediately after the first exhibition and to ques-tion any defects within one week of the first exhibition. After this period of time the advert is deemed as having been accepted by the user. In the case when the defect is evident to be due to miss solution the user can request that it be corrected free-of-charge. In any case the user is responsible for the costs.
(9) Guarantee
The liability regardless of negligence or fault of miss solution for technical defects in the portal at that moment in time when the contract is finalized is excluded. Miss solution is not re-sponsible for the correct operation of the telephone lines to the server or for interruption of electrical services or when the server fails all of which is not in the area of influence of miss solution.

§ 9 Miscellaneous
(1) German Law applies in both the case of this miscellaneous condition of usage as well as the relationship between the user and miss solution.
(2) Where the user is a merchant, or is a legal representative of the public services or a public law special assets entity then the point of jurisdiction for all claims resulting from the contract between the user and miss solution is Berlin.
(3) SIn the event that one or more of the clauses of these conditions of usage become in-effective then this does not affect any other clause.

Status: October 2007
Top