These General Business Conditions (hereinafter referred to as "GBC") apply to all contracts between Lepouse and Lukié GbR, Von-Pastor-Straße 8, 52066 Aachen (hereinafter "QEflashcards"), represented by the managing directors, Konrad Lepouse and Timo Lukié, and the customer, and regulate all details related to the provision of services between these parties.
Customer within the meaning of these GBC is any entrepreneur within the meaning of § 14 of the German Civil Code (BGB) or merchant within the meaning of § 1 of the German Commercial Code (HGB), or any legal entity under private or public law.
The object of the contract is the offer from QEflashcards, along with the documents referred to therein, including the GBC in their valid version at the time of the conclusion of the contract.
Contractual terms of the customer that deviate from or contradict these GBC will not be recognized. An exception applies only if QEflashcards expressly agrees to their validity in writing.
The customer ensures that all content published by them on the QEflashcards websites or handed over to QEflashcards for publication is free from third-party rights. The customer guarantees that they have all the exploitation rights of third parties. In the event of a breach of this provision, the customer shall compensate QEflashcards for any damages incurred upon first request. The customer confirms upon placing the order that they have acquired all necessary usage rights from the owners of copyright, related rights, and other rights to the documents and data provided by them for publication on the Internet, or that they are free to dispose of them.
This contract does not include the transfer of ownership or usage rights, licenses, or any other rights to the software to the customer. All rights to the software used by the customer, trademarks, titles, brands, and copyrights, as well as other industrial property rights/related rights of QEflashcards, remain fully with QEflashcards.
All work results and information published by QEflashcards are subject to QEflashcards' copyright. Excluded from this are only those work results and information published by QEflashcards that were created by the customer or a third party and were taken over unchanged by QEflashcards for publication on the Internet.
QEflashcards is the manufacturer and author of its databases within the meaning of § 87a (1), (2) UrhG and § 4 UrhG and is the holder of all associated exclusive rights.
QEflashcards shall only be liable for the breach of a contractual obligation, the fulfillment of which enables the proper execution of the contract in the first place and on which the customer can regularly rely (so-called cardinal obligation), limited to compensation for foreseeable and typical damages. In all other cases, liability is excluded, subject to the following provision in section 5.2.
Liability for damages resulting from injury to life, body, or health, and under the Product Liability Act remains unaffected by the above limitations and exclusions.
If third parties assert claims ("intellectual property claims") against the customer due to the infringement of patents, copyrights, trademarks, trade names, or trade secrets by a service provided by QEflashcards ("intellectual property infringement"), QEflashcards shall indemnify the customer from all costs (including reasonable legal defense costs) and claims arising from final judgments of competent courts or settlements entered into by QEflashcards in writing, provided that the cause of the intellectual property infringement was not attributable to the customer. The foregoing obligation does not apply to actions or statements to which QEflashcards has not previously agreed in writing and not to the extent that the customer continues infringing actions after being notified of changes that would have prevented an infringement. If an intellectual property infringement is determined by a competent court or is deemed possible by QEflashcards, QEflashcards may, at its own discretion and at its own expense, either (i) replace or modify the services so that no intellectual property infringement exists, or terminate this contract with immediate effect.
QEflashcards undertakes to keep confidential all information marked as "confidential" that QEflashcards receives from the customer under this contract.
It is the customer's responsibility to exercise the utmost care when using IDs, passwords, or other security devices provided in connection with the services, and to take any measures necessary to ensure the confidential, secure handling of the data and prevent its disclosure to third parties. The customer shall be responsible for the use of their passwords by third parties unless they can demonstrate convincingly that access to such data was not caused by themselves and the reasons for it were beyond their control. The customer is obligated to inform QEflashcards immediately of any possible or already known unauthorized use of their access data. In the event of a breach of one or more of the obligations specified in these GBC by the customer, in particular but not exclusively those listed under this point, QEflashcards is entitled to terminate the services and remove them from the website without further notice, without waiving any payment obligations of the customer.
The parties undertake to keep confidential all information they receive directly or indirectly in connection with the respective contract and its execution, which is of a technical, financial, or otherwise commercial or confidential nature, and not to disclose it to third parties. No third parties are affiliated with QEflashcards within the meaning of §§ 15 et seq. AktG.
This confidentiality obligation does not apply to information that is publicly available or that was already known to the party, or that the party has received from a third party in a legally permissible manner or has developed without violating confidentiality obligations. The burden of proof lies with the party relying on this.
These obligations of comprehensive confidentiality remain in effect even after the termination of the respective contract.
QEflashcards is entitled to collect, process, and store the customer's personal data in accordance with and in compliance with the provisions of applicable data protection laws, guidelines, and other regulations.
Furthermore, QEflashcards ensures that all employees of QEflashcards have been obligated to maintain data secrecy and uphold special confidentiality obligations in accordance with applicable data protection, telecommunications, and other relevant laws.
The customer is aware that content published on the Internet is indexed by search engines such as Google and others, and these search engines archive the published content. Requests for deletion of archived data should be directed to the search engine.
If the customer has been warned due to a publication or its content on the QEflashcards websites, has already submitted a cease and desist declaration regarding certain content provided for publication or published by themselves, or has been served with an injunction, judgment, or other judicial decision or administrative order, the customer is obligated to inform QEflashcards immediately in writing. If the customer fails to do so, QEflashcards shall not be liable. In such cases, the customer is obligated to indemnify QEflashcards upon first request and compensate QEflashcards for any resulting damages.
These GBC and all legal relationships between the contracting parties are subject to the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG) and international private law as well as its choice-of-law clauses or conflict-of-law rules.
These Terms of Service have been translated into English. In case of discrepancies or contradictions between the English translation and the original German version, the provisions of the original German version shall prevail.