General Terms and Conditions for Content and Services by Aloma Online Marketing
These General Terms and Conditions apply to all content and services provided by Aloma Online Marketing, represented by its owner, Tobias Sasse, Reeshoop 5, 22926 Ahrensburg, Germany. By using our websites and/or entering into individual contracts with us, you agree to the following conditions. Please read them carefully before submitting or accessing any user registration, directory entry, review, comment, post, or other content, with or without personal information.
1. Definitions
a. The term “websites” refers to all online services offered by us that allow users to submit and access various content.
b. “User-generated content” and “third-party content” include directory entries, reviews, ratings, comments, images, videos, hyperlinks, text content, and all other content submitted by users or third parties.
c. “Content and services” encompass the entire offering of Aloma Online Marketing, consisting of websites, own content, user-generated content, third-party content, general services, and individual services.
2. Applicability
a. These General Terms and Conditions apply to all users of our websites, including paying and non-paying users, with specific provisions and obligations for each user type listed in this document.
b. If you are a paying user and also a consumer, you have certain rights under applicable consumer protection laws. Nothing in these Terms and Conditions shall limit or exclude these rights.
3. Your Responsibilities
a. Ensuring accuracy, compliance, and avoiding spam or duplicate entries: You acknowledge that you are responsible for your user-generated content and your third-party content, that you comply with all applicable laws, regulations, and industry guidelines when submitting content, and avoid spam or duplicate entries.
b. Correct information: You warrant that you are at least 18 years old or of legal age in your jurisdiction and agree to maintain accurate and up-to-date information in your content, including contact details and legal information.
c. Prohibition of illegal actions: You agree not to submit content that promotes or supports illegal activities.
d. Third-party verification: We may use third-party providers such as identity verification services or business registries to verify the accuracy of your content and ensure compliance with applicable laws and regulations.
4. Policies for user-generated content and third-party content
a. Respect intellectual property rights, avoid false or misleading content, and prohibit defamatory or offensive content: You agree not to use content that infringes on the intellectual property rights of others, is false, misleading, or inaccurate, or is defamatory, obscene, or offensive.
b. Obtaining required permissions and licenses: You agree to obtain all required permissions and licenses for all content you use.
c. Ensuring age-appropriate content: You agree not to use content that is inappropriate for minors or violates international laws or regulations regarding age-restricted content.
d. Responsible use and prohibition of spamming or duplicate entries: You agree to use our websites responsibly and not send spam messages or publish multiple entries for the same business.
5. Rights and obligations regarding user-generated content and third-party content
a. Submission and approval: To submit third-party content, use the provided form or method and provide all required information. We reserve the right to accept or reject submissions at our discretion.
b. Responsibility for content, compliance with policies, and prohibition of personal attacks or harassment: You are solely responsible for your content, including its accuracy, completeness, and legality. You agree to comply with our policies and not engage in personal attacks, harassment, or other forms of abusive behavior when publishing content.
c. Removal of inappropriate or non-compliant content: We reserve the right to remove content that, in our sole discretion, violates our Terms and Conditions or applicable laws and regulations.
d. License to use content: By submitting content, you grant us a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display that content worldwide in all media.
e. No endorsement or verification of content: We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy or reliability of user-generated content and third-party content. You understand that by using our websites, you may be exposed to content that is offensive, harmful, inaccurate, or otherwise inappropriate, and we are not responsible for such content.
f. Monitoring and review of content: We reserve the right to monitor and review content for compliance with our terms of use. However, we are not obligated to actively monitor all content and assume no liability for user-generated content. Users can report non-compliant content via a reporting mechanism provided by the websites, email or contact form.
6. Prohibited actions
a. Compliance with laws, platform rules, protection of reputation and prevention of damage or disruption to the platform: You agree not to use our websites for activities that are prohibited by law or our terms and conditions, that could harm our reputation or that of our users, or that could damage, disable, or impair our websites.
b. Respect for users’ privacy: You agree not to use our websites in a manner that violates international privacy laws or regulations, and to treat users’ personal data in accordance with applicable privacy laws.
7. Copyright
a. All content and materials on our websites are either our exclusive property or have been licensed to us by third parties and are protected by applicable copyright laws and regulations.
b. You are not permitted to use or reproduce this content without our express permission or the permission of the third parties who own the rights to the content.
8. Compliance with regulations
a. Compliance with laws and regulations, compliance with policies and cooperation in legal matters: You agree to comply with all applicable laws and regulations regarding your content and your use of our websites, to comply with our policies regarding acceptable content and prohibited activities, and to cooperate with us in legal matters related to your content.
b. Compliance with privacy laws: You agree to comply with all applicable international privacy laws and regulations, such as GDPR, when collecting, processing, or storing personal data related to your content and the use of our websites.
c. Enforcement and remedies: A breach of these Terms and Conditions may result in the blocking or deletion of the account at the discretion of the websites. The platform reserves the right to take legal action if necessary.
d. Indemnification: You agree to indemnify, defend, and hold harmless the websites, their affiliates, and their respective officers, directors, employees, and agents from any claims, liabilities, damages, losses, or expenses, including reasonable attorneys’ fees and costs, arising out of or in any way related to your access to or use of our websites.
9. Disclaimer
a. No warranty for website information: The websites provide information for informational purposes only and make no warranties or representations regarding the accuracy, reliability, or completeness of this information.
b. No warranty for error-free or uninterrupted service: We do not guarantee that our websites will be error-free or uninterrupted.
c. Disclaimer of liability for losses or damages: We are not liable for any losses or damages that may arise from the use of our websites, unless there is gross negligence or intentional misconduct.
10. Limitation of Liability
a. Disclaimer of Liability for Various Damages, Limitation of Liability to Fees Paid, and No Liability for Third Party Claims: We are not liable for direct, indirect, incidental, special, or consequential damages arising from your use of our websites, our liability is limited to the fees you pay us for your use of our websites. We will not be liable for any claims or damages incurred by third parties as a result of your actions, content or use of our websites, except in cases of our own gross negligence or willful misconduct.
b. The liability limitations and exclusions set forth in this section apply to the maximum extent legally permissible. In some jurisdictions, the exclusion or limitation of certain types of damages may not be permissible, and in such cases, our liability is limited to the extent permitted by applicable law.
c. Nothing in these terms and conditions limits or excludes our liability for death or personal injury caused by our negligence, fraud, or any other liability that cannot be limited or excluded under applicable law.
11. Removal of Services, Termination Rights, and Refund Waiver
a. Right to Remove Services and Terminate Access: We reserve the right to remove ordered and paid-for services or terminate any kind of paid access to our websites or services without entitling the customer to a refund if there are significant violations of these terms and conditions or applicable laws or regulations, subject to the customer’s right to appeal such removal or termination. Essential reasons include, among other things, violations of our terms and conditions, violations of applicable laws or regulations, infringements of intellectual property rights, or the presence of false, misleading, defamatory, or offensive content.
b. No Refunds or Compensation: The customer acknowledges and agrees that subsequent removal of service or termination of access due to essential reasons, once a service has been accepted or after the two-week notice period following our publication notification is considered accepted, does not entitle the customer to a refund or compensation.
c. Customer Responsibility: The customer is responsible for ensuring compliance with these terms and conditions as well as all applicable laws and regulations regarding the content and use of our services. The customer must promptly address any questions or concerns that arise during their engagement with our services. Failure to do so may result in service removal or access termination without refund, as described in this section.
d. No Notification Obligation: We are not obligated to notify the customer before or after the removal of ordered and paid-for services or termination of access due to essential reasons, as described in this section. The customer acknowledges and agrees to the possibility of removal of service or termination of access without prior notice or subsequent notification.
e. Completion of Service and Timeframe for Claims: Services are considered completed and finished no later than two weeks after the publication date. The customer acknowledges and agrees that all claims or concerns regarding the services must be addressed within this timeframe; otherwise, the services are considered fully performed and accepted.
12. Separate Agreements
a. Individual Services: If you wish to use additional services from Aloma Online Marketing, a separate agreement is required that governs the specific terms, scope of services, and applicable fees.
b. Responsibility and Liability: Unless expressly stated otherwise in a separate agreement between you and Aloma Online Marketing, you are responsible for the results of the services you use. Aloma Online Marketing is not liable for losses, damages, or lost profits arising from your use of such services, except for gross negligence or intentional misconduct on the part of Aloma Online Marketing.
c. Costs, requirements, and individual conditions: Aloma Online Marketing reserves the right to set costs, requirements, and individual conditions for additional services. By using our services, you agree to accept and comply with all terms and fees communicated to you. Such communications are considered an integral part of the agreement between you and Aloma Online Marketing regarding additional services.
d. Written form requirement: Unless expressly agreed otherwise, separate agreements between the contracting parties must be made in writing to be valid.
13. Modification of Terms and Conditions
a. We reserve the right to modify these Terms and Conditions at any time. If we make material changes, we will notify you at least 30 days in advance by posting the updated Terms and Conditions on our websites or by notifying you by email. By continuing to use our websites after such notification, you agree to be bound by the updated terms.
b. User responsibility for staying informed: It is your responsibility to regularly review these Terms and Conditions to stay informed of any changes.
14. Applicable Law and Jurisdiction
a. Applicable law: These Terms and Conditions, as well as any disputes arising out of or in connection with them, are governed by the laws of the Federal Republic of Germany and will be interpreted in accordance with them, without prejudice to the application of mandatory provisions of the law of your country of residence.
b. Jurisdiction for disputes: All disputes arising out of or in connection with these Terms and Conditions or your use of our websites must first be resolved through good faith negotiations or, if not possible, through mediation or arbitration in Hamburg, Germany. If such alternative dispute resolution procedures fail, the dispute will be subject to the exclusive jurisdiction of the courts in Hamburg, Germany.
15. Severability Clause
a. Should any provision of these Terms and Conditions be found invalid or unenforceable by a competent court, the remaining provisions shall remain in full force and effect, and the invalid or unenforceable provision shall be replaced by a valid and enforceable provision that comes closest to the original intent of the provision.
b. Precedence of the German Version: These Terms and Conditions may have been translated into other languages. In the event of any inconsistency or discrepancy between the German version and any translation, the German version shall prevail and shall be binding for the interpretation and application of these Terms.
16. Entire Agreement
a. We are committed to complying with all applicable data protection laws, including the General Data Protection Regulation (GDPR). Our data processing practices are detailed in our Privacy Policy, which is incorporated into these Terms and Conditions by reference. By using our websites, you agree that we may collect, process, and store your personal data in accordance with our Privacy Policy.
b. These Terms and Conditions, together with our Privacy Policy, constitute the entire agreement between you and us regarding your use of our websites and supersede all prior agreements or understandings between you and us.
c. By using our websites, you agree to the collection, processing, and storage of your personal data in accordance with our Privacy Policy, which can be found at https://www.aloma.de/en/imprint-privacy-policy/.
d. No waiver: Failure on our part to enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.
17. Contact
a. If you have any questions or concerns, please contact us at: info@aloma.de
Last updated: April 22, 2023