1. Scope/General
The following terms and conditions apply to anyone who registers as a user on the Internet platform www.neunion.com (hereinafter referred to as “Platform”) offers (hereinafter “Users”) even if the access to the platform is outside the Federal Republic of Germany he follows.
Special Terms of Use for “NEUNION – The Unity Wins”
(hereinafter referred to as “Special Terms of Use”) do not contain any more specific rules.
The platform is operated by HMN International, based in Hamburg (hereafter “Neunion”).
2. Changes to the terms and conditions
Neunion reserves the right to change the terms and conditions and the special conditions of use.
The changes will be considered as accepted by the user if he / she does not object to the changes by email to info@neunion.com within one month after receipt of notification of the change. Neunion reserves the right to terminate the license agreement in accordance with section 6 of these terms and conditions if the user objects to the changes. For legal acts made before the change, the original terms and conditions will continue to apply.
3. Recognition of the terms and conditions as the basis of the contract
Through the application for registration and the registration by Neunion (see point 4 below), a license agreement between Neunion and the user is concluded (hereinafter referred to as the “User Agreement”). The user thus acknowledges the validity of the terms and conditions and the special conditions of use as the basis of the user agreement.
4. Registration / right of use
4.1 The registration requires that the user
– submitted the data requested in the registration form (“application”) and
– either a natural person of unlimited legal capacity over the age of 18 years.
The user is obliged to provide complete and correct information.
E-mail addresses or user names you have chosen yourself must not be allowed to violate the legitimate interests and rights of other users or violate laws. Multiple registration is prohibited. Registered users can have their credentials changed or updated at any time.
With the registration each user creates his individual password.
Access to services on the platform is only possible with this password. The user may not disclose the password to third parties and must keep it in a safe place to prevent abuse.
The user is obligated to inform Neunion immediately if the password has been lost or if he becomes aware that third parties not authorized by him have gained knowledge of the password. Unless the user furnishes proof that a third party has used access to the platform without his consent, all declarations made via the access (eg orders) are attributed to the user.
The user is liable for any misuse of third parties, unless he proves that he is not at fault here.
There is no legal right to registration. Neunion is entitled to register, ie. H. to deny the conclusion of the user agreement without stating reasons.
4.2 The user has the right to register all offers of the platform. This applies u. a. for all offers of the “community” of Neunion (eg question-community, forums, guestbooks, comments, newsletters etc.).
5. Right of withdrawal
The user agreement can be revoked in writing by the user within two weeks after receipt of the registration notice. The revocation must be sent in writing to HMN International, Eyk Himmel, Preetzer Strasse 23, 22335 Hamburg, Germany or by e-mail to info@neunion.com. In the subject, “revocation registration neunion.com” should be specified. To meet the deadline is sufficient that the revocation is sent in time. If the revocation is declared in good time,
the user is not bound by the license agreement and these terms and conditions.
6. Termination
6.1 Neunion has the right to terminate the license agreement at any time without giving reasons and to withdraw the registration. This eliminates the authorization to use the services of the platform.
Irrespective of this, Neunion will in particular terminate and withdraw the registration if false information has been provided during the registration, registration requirements are omitted, the provisions of the GTC and the Special Conditions are violated or if there are serious indications of illegal actions by the user.
The termination of the registration will be communicated to the user in writing, by letter or by e-mail.
6.2 The user has the right to terminate the user agreement at any time without giving reasons. Notice of termination must be sent in writing to HMN International, Eyk Himmel, Preetzer Strasse 23, 22335 Hamburg, Germany or by e-mail to info@neunion.com.
7. Changes and termination of offers of the platform / accessibility
7.1 The user is not entitled to provide the services on the platform. Neunion reserves the right to change or discontinue the offers and URLs of the platform at any time at its own discretion and without giving reasons. This does not give rise to any claims of the user against Neunion, unless expressly stated otherwise in the Special Conditions.
7.2 Neunion always endeavors to ensure the proper operation of the platform, but is not responsible for the uninterrupted usability or accessibility of the platform and the offers made available there. This applies in particular to technical delays, interruptions or failures of the platform or individual offers.
8. Liability of neunion
In the case of contractual or non-contractual claims, Neunion shall only be liable for damage caused by intentional or grossly negligent acts and for damages resulting from slightly negligent breaches of such obligations, which make the proper implementation of a user contract with the user concerned possible and for which the contracting party is therefore responsible trust (cardinal obligations). In the latter case, the liability is limited to the damage foreseeable at the time of conclusion of the contract. The above limitations of liability do not apply in case of injury to life, body and health, within the scope of the Product Liability Act and in the case of explicit warranties.
Insofar as the liability of Neunion is excluded or limited,
this also applies to the personal liability of the legal representatives and vicarious agents of neunion.
9. Rights of use
9.1 If the user places texts, images or other content (hereinafter collectively “content”) on the platform (eg in the context of community offers such as forums, guestbooks or comments), he grants Neunion the right to do so free of charge to save time, content and location indefinitely, to provide them in the context of the respective offer and social networks (Facebook, Twitter and others) free of charge for retrieval, to edit them, to save and print and offer them in online, print, broadcast – and other media. Use for advertising purposes (eg advertisements) requires the consent of the respective author. The aforementioned rights shall remain unlimited in time with Neunion and the named companies even after a termination or other termination of the license agreement.
9.2 By placing the content, the user warrants that he has the rights granted to third parties and that he has not yet made any other disposition of the rights to the content that would preclude a grant to Neunion under these terms and conditions.
9.3 Neunion assumes no liability for unsolicited submitted content.
10. No obligation to review content of the user / responsibility of the user for the content
10.1 Neunion is not obliged to check in advance the correctness, completeness and legality of the contents of the users, especially in the community area. Neunion does not endorse the contents of the users as well as the contents linked by links on the websites of third parties. Neunion is not liable for damages caused by or due to the use of this content. If Neunion is notified of any infringement by third party or linked content, Neunion will delete or block the content or links after checking the allegation of illegality.
10.2 The user is responsible for ensuring that the contents, and if they contain references to other pages, contain the contents of these pages, not against:
– rights of third parties and / or
– legal or official prohibitions and / or
– the manners and rules of conduct on the Internet (netiquette, chatiquette) and / or
– the good manners
violated.
In particular, the user may not download, store, distribute, present, publicly access, publish or refer to or link to any of the content offered by Neunion
– may violate or impair privacy rights and / or property rights of third parties and / or
– as obscene, offensive, defamatory, offensive, glorifying violence, pornographic, harassing, unsuitable for minors, racist, inciting racist, xenophobic, right-wing extremist or otherwise reprehensible, and / or
– Contain or display viruses, Trojans, by-pass devices within the meaning of the Access Control Services Act or unsolicited mass mailings (so-called “spam”), and / or
– serve for the reading, storage or transfer of personal data of other members for purposes other than the intended use of the offers and / or are suitable, and / or
– request participation in chain mail, pyramid play and bonus shares and / or pursue commercial or other promotional purposes.
11. Exemption
The user releases Neunion from all claims of third parties, against Neunion and with Neunion gem. §§ 15 et seq. Of the German Stock Corporation Act, its legal representatives and / or vicarious agents due to the use of the provisions of para. 9 or on the basis of a content distributed and made publicly available on the platform by the user. The user also indemnifies Neunion in full from the judicial and extrajudicial costs of legal defense that result from this at Neunion, its legal representatives and / or vicarious agents.
12. Deletion of contributions
Neunion and its administrators are entitled to delete user content at their sole discretion at any time. Regardless of the aforementioned law, Neunion will remove content that is contrary to para. 10.2 violated. Content within the meaning of this standard is also software and other files and references to other content.
13. Rights to the content provided by Neunion
The content provided by Neunion on the platform is protected by copyright and / or ancillary copyright. Reproduction, public communication or any other use or exploitation of such protected content is not permitted without the consent of the respective copyright holder. The users may retrieve, save and print the contents exclusively for private use, as far as this neither directly nor indirectly serves the purpose of gainful employment.
14. Out-of-court settlement of disputes
We do not participate in a dispute settlement procedure before a consumer arbitration board.
15. Final provisions
Notices from Neunion to the user are sent by e-mail.
Neunion is entitled to transfer the provision of all services at any time in whole or in part to third parties. All contracts between Neunion and the users are governed by the law of the Federal Republic of Germany, excluding the UN Sales Convention.
For users who are merchants, the jurisdiction of the Hamburg courts is agreed. This competence also applies to non-merchants, provided that they may be agreed in accordance with the German Code of Civil Procedure and the ECJ. Subsidiary agreements, changes or additions to these terms and conditions must be made in writing in order to be valid. The cancellation of the written form requirement also requires the written form to be effective. Should individual provisions of these terms and conditions be or become ineffective, the validity of the contract as a whole shall not be affected.
I. Special Terms of Use for “Neunion – The Unity Wins”
1. Scope/General
The Neunion offers a community on its operated website.
For the use of this offer, the General Terms and Conditions of Neunion apply to the Internet platform Neunion.com (hereinafter “GTC”), and in addition the following provisions. Should these contain more special regulations, then they are subject to the terms and conditions.
2. User agreement
The use of the offers of the Neunion Community requires the conclusion of an additional agreement on the use of the Neunion Community (hereinafter referred to as the “User Agreement”). This is due to the application of the user for registration for the Neunion Community and the registration by Neunion. Registration for the Neunion Community will be communicated to the user on the appropriate confirmation page. With his application, the user expressly acknowledges the validity of the GTC and of these Special Terms of Use as the basis of the user agreement.
3. Granting of rights
The user grants Neunion free of charge in all photos, texts and other content uploaded by him on the Neunion Community (hereinafter collectively “Content”) the unlimited right to save the contents in terms of time, content and location within the framework of the respective offer of the Nine Union Community and all offers operated by Neunion (eg neunion.com and social networks (Facebook, Twitter and others) free of charge for retrieval, editing, saving and printing and online, print, broadcast – and other media and for editorial linking.
4. Right of withdrawal
The user is the in Ziff. 5 of the terms and conditions described above.
The revocation must be sent in writing to HMN International, Eyk Himmel, Preetzer Strasse 23, 22335 Hamburg, Germany or by e-mail to info@neunion.com. The subject should include “Revocation of registration with the Neunion Community”.
5. Contract period, termination
5.1 The license agreement for the Neunion Community runs indefinitely. It can be terminated by the user and by Neunion with a notice period of 14 days to the end of the booked membership. Termination must be done either in writing, by fax or by e-mail in text form.
5.2 The right to terminate without notice for cause remains unaffected for both parties. Such a termination right is neunion especially if
– the user made incorrect information during registration,
– violated the terms of the Terms and Conditions and / or the provisions of these Special Terms and Conditions,
– default in payment of the remuneration owed,
– there are serious indications of illegal actions by the user
– Neunion stops operating the Neunion Community. In this case, the user shall be reimbursed for the fees paid for periods in excess of the Hiring Date. Further claims do not accrue to the user.
5.3 The termination of the user must be sent in writing to HMN International, Eyk Himmel, Preetzer Strasse 23, 22335 Hamburg, Germany or by e-mail to info@Neunion.com. The subject should include “Termination Neunion Community”.
5.4 The termination by Neunion of the license agreement for the Neunion Community for good cause also constitutes termination of the contract concluded with the user via the use of the platform.
II. Special Terms of Use for the Online Art Gallery of “Neunion – The Unity Wins”
1 General/Scope
(1) The following General Terms and Conditions (GTC) govern the contractual relationship between Neunion, Inh. Eyk Himmel, Preetzer Strasse 23, 22335 Hamburg (hereinafter “Neunion”) and the buyer.
The terms and conditions apply to the use of the website of Neunion and all belonging to this domain subdomains. In each case, the valid version at the time of the conclusion of the contract is decisive.
(2) Neunion – The Unity Wins, Charity and Art connect.
(3) Definitions: A consumer is any natural person who concludes a legal transaction for a purpose which can be attributed neither to his commercial nor his independent professional activity. Entrepreneur is a natural or legal person or a legal partnership that, in the course of entering into a legal transaction, acts in the exercise of its commercial or independent professional activity
2 Conclusion of contract / copyrights
(1) Neunion is a free platform for artists (painters, sculptors and photographers).
(2) The offers made by Neunion on the Internet constitute a non-binding invitation to the purchaser to order services from Neunion. The order is sent to us by pressing the submit button.
(3) By placing an order on the Internet, the buyer makes an offer to conclude a service contract.
(4) Neunion is entitled to accept this offer by sending an order confirmation or providing the service. The order confirmation will be sent by e-mail. The sending of a receipt by Neunion does not constitute an acceptance.
3 Payment, due date, late payment
(1) Payment is by PayPal, credit card
(2) When paying in advance, the buyer agrees to pay the fee within 1 week after conclusion of the contract. If payment has been agreed on account, the buyer undertakes to pay the invoice amount within 14 days after receipt of the goods.
(3) The remuneration shall be charged during the delay. The default interest rate for the year is five percentage points above the base rate.
4 prices
The price stated in the respective offer is understood to be the final price incl. The statutory value added tax, if applicable plus delivery and shipping costs.
5 Limitation of Liability
(1) For damages other than injuries to life, body and health, Neunion shall only be liable to the extent that these damages are based on intentional or grossly negligent acts or on culpable violation of a material contractual obligation by Neunion or its vicarious agents. Essential to the contract is a duty, the fulfillment of which enables the proper execution of the contract in the first place and on whose observance the buyer may regularly rely. Any further liability for damages is excluded. Claims arising from a guarantee given by Neunion for the nature of the object of purchase and the Product Liability Act remain unaffected.
(2) According to the current state of the art, data communication via the Internet can not be guaranteed without errors and / or at any time. We are therefore not liable for the availability of our internet shop at any time.
6 Privacy
All personal data required to carry out the order will be stored in machine-readable form and treated confidentially. The data required for the processing of an order, such as name and address, are passed on to the company commissioned with the delivery of the object of purchase in the course of the delivery. Otherwise, your personal data will not be disclosed, in particular for advertising purposes, unless you have expressly consented. We refer to our privacy policy.
7 Choice of law / jurisdiction
The contract language is German. All disputes arising from this legal relationship are subject to the law of the Federal Republic of Germany. For consumers, this choice of law applies only to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence. The validity of UN purchasing law is excluded.
If the buyer is a merchant, legal entity under public law or special fund under public law, the place of jurisdiction is HMN’s registered office.
8 Severability clause
Should any provision of these terms and conditions be or become invalid, the remaining provisions of these terms and conditions shall remain unaffected.
9 contract text
The contract text is not saved and can not be retrieved after the completion of the ordering process. You can print the order data immediately after sending.
10 Cancellation Policy
You have the right to withdraw from this contract within fourteen days without giving any reason. The cancellation period is fourteen days of the conclusion of the contract.
To exercise your right of withdrawal, you must contact us
HMN, Inh. Eyk Himmel, Preetzer Strasse 23, 22335 Hamburg, art@neunion.com
by means of a clear statement (such as a letter sent by post or e-mail) about your decision to withdraw from this contract. You can use the attached model withdrawal form, which is not required. In order to maintain the cancellation period, it is sufficient for you to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of Withdrawal If you withdraw from this contract, we will have you all the payments we have received from you, including delivery charges (except for the additional costs arising from your having a different type of delivery than that offered by us, the most favorable standard delivery), immediately and at the latest within fourteen days from the day on which the notice of your cancellation of this contract has been received by us. For this repayment, we will use the same means of payment as you used in the original transaction, unless expressly agreed otherwise with you; In no case will you be charged for this repayment fees. If you have requested that the services be started during the withdrawal period, you must pay us a reasonable amount equal to the proportion of services provided up to that point in time compared to the total amount of services provided for in the contract.
