General terms and conditions
General Terms and Conditions for Digital Content
Here you will find our current terms and conditions for digital content (online services and e-books).
FX Dudes UG (haftungsbeschränkt)
Geschäftsanschrift: Salzburger Straße 23, 71522 Backnang
Register court: Local court Stuttgart
Registernummer: HRB 767151
CEO: Demian Sager
1. scope of application
These terms and conditions apply to contracts for the delivery of digital content (especially e-books (PDF and EPUB), downloads, ONLINE services) of FX Dudes UG (haftungsbeschränkt) - hereinafter referred to as FX Dudes - by the customer - hereinafter referred to as CUSTOMER - within the scope of the usage contracts concluded with CUSTOMER.
2. consumers' right of withdrawal for contracts for the use of digital content
Consumers have a statutory fourteen-day right of withdrawal for distance contracts (contracts in which the trader or a person acting in his name or on his behalf and the consumer use exclusively means of distance communication for the contract negotiations and the conclusion of the contract). A consumer in the sense of § 13 BGB is any natural person who concludes a legal transaction for purposes that cannot be predominantly attributed to his commercial or self-employed professional activity.
Expiry of the right of withdrawal
According to § 356 Abs. 5 BGB your right of revocation expires, if FX Dudes has started with the execution of the contract, after you
- have expressly agreed that we shall commence execution of the contract before expiry of the revocation period, and
- You have confirmed that you were aware that you lose your right of revocation with the beginning of the execution of the contract.
3. data protection
Personal inventory and usage data of the customer are collected, processed and used in machine-readable form within the scope of the purpose of the contractual relationship.
FX Dudes services are, as collective works, database works that can be accessed and used online by means of access data for the duration of the user contract. In addition, the customer will receive an email with a download link for the digital product he/she has purchased after completing the purchase.
4.1 Access data, technical requirements
4.1.1 The CUSTOMER will receive individual access data (user name and password) from FX Dudes after conclusion of a user contract (single license). With this data the CUSTOMER can log in to the password protected ONLINE service via remote data transmission. These access data entitle him to use the ONLINE services within the scope of his user contract.
4.1.2 The CUSTOMER has to provide the individual technical requirements for the access to and use of the ONLINE services, also in case of further development of the software platform or other technical system components by FX Dudes, especially the necessary hardware and operating system software, Internet connection as well as an up-to-date browser software.
4.2 Rights of use
4.2.1 The CUSTOMER receives the contractually agreed, non-transferable, non-exclusive right to use the ONLINE service or the digital product, which is limited to the duration of the usage contract and is not transferable to third parties.
4.2.2 The CUSTOMER may use the retrieved contents and documents exclusively for his own use. Any commercial use, in particular the sale, renting, leasing or lending of programs or documents, both in printed and file form, is not permitted. The permanent storage of substantial amounts of data for the purpose of creating one's own systematic collections is not permitted.
4.2.3 If there are several users, only the number specified in the network license agreement is authorized for use.
4.3 Secrecy and misuse of access data
4.3.1 The access data made available to the CUSTOMER on the basis of an individual or network licence entitles only the CUSTOMER as contractual partner to use the ONLINE service and must be kept secret by the CUSTOMER. Unauthorized use by third parties is prohibited and must be prevented by the CUSTOMER.
4.3.2 When using a network licence, the CUSTOMER must ensure that the authorised users working in his institution also comply with this obligation. The CUSTOMER is obliged to restrict IP access to the ONLINE service to the authorized users of his institution and to prevent unauthorized use by third parties.
4.3.3 The CUSTOMER is liable for any misuse for which he is responsible. FX DUDES has the right to block access to the ONLINE service if necessary. If the CUSTOMER becomes aware of any misuse of the access data or IP-check, he/she is obligated to inform FX Dudes immediately.
4.4 Scope of services, periods of non-availability
4.4.1 FX Dudes is responsible for connecting its servers to the Internet and must ensure accessibility, e.g. through appropriate contracts with its provider.
4.4.2 The FX Dudes services can be used seven days a week, 24 hours a day. A use with reasonable response times is guaranteed. FX Dudes strives for an average annual availability of 96% of the ONLINE services.
4.4.3 When determining downtimes, periods of unavailability are not recorded
22.214.171.124 due to the lack of technical requirements to be provided by the CUSTOMER for the access and use of the ONLINE service,
126.96.36.199 as a result of faults in the data transmission network or defects that are the responsibility of the data transmission company,
188.8.131.52 due to force majeure, in particular power failures or disturbances of the telecommunication networks,
184.108.40.206 due to routine or necessary maintenance or updating between 22:00 and 6:00. Extraordinary maintenance periods between 6:00 a.m. and 10:00 p.m. shall not be considered as downtimes, provided that they do not exceed a maximum of three hours per month.
4.5 Subject to change
FX Dudes reserves the right to change the content of the ONLINE service at any time, in particular to appropriately reduce or expand the scope of the service.
4.6 Costs and payment terms
4.6.1 FX Dudes will charge the Customer a one-time purchase price as compensation for the Digital Product.
4.6.2 The invoice is issued after purchase of the product (billing period). The invoice can also be issued in electronic form.
4.6.3 The CUSTOMER has the possibility to pay by instant bank transfer or PayPal. To be able to pay with the online payment service PayPal, a PayPal account is required. For further information, please visit www.paypal.com.
4.6.5 Kommt der KUNDE in Zahlungsverzug, ist FX DUDES berechtigt, einen Bearbeitungsaufwand und Verzugszinsen in Höhe von 5 % über dem von der Europäischen Zentralbank bekannt gegebenen Basiszinssatz p.a. zu fordern. Bei Zahlungsverzug ist FX DUDES berechtigt, die Nutzungsrechte zu widerrufen und den Zugang zum ONLINE-Dienst ohne weitere Angaben von Gründen zu sperren.
4.6.6 Unbeschadet von Nr. 4.5 kann FX DUDES die Vergütung aufgrund anfallender Kostensteigerungen erhöhen. Die Anpassung der Vergütung wird dem Kunden mitgeteilt. Dem KUNDEN steht in diesem Fall das Recht zu, den Nutzungsvertrag ohne Einhaltung einer Frist zum Ende des laufenden Bezugszeitraums zu kündigen.
4.7 Warranty for defects, notification of defects
4.7.1 Ein Sachmangel liegt vor, wenn der ONLINE-Dienst oder das digitale Produkt nicht die vereinbarte Beschaffenheit hat und der vertragsgemäße Gebrauch infolgedessen nicht oder nur eingeschränkt möglich ist. Die vereinbarte Beschaffenheit des ONLINE-Dienstes ergibt sich ausschließlich aus dem Nutzungsvertrag, der Beschreibung auf der FX Dudes-Internetseite, aus Werbematerialien oder Hilfetexten. Hinweise und Aussagen zu den ONLINE-Diensten verstehen sich nicht als Garantie oder Zusicherung einer Eigenschaft.
4.7.2 The CUSTOMER shall immediately notify FX Dudes of any defects or malfunctions by providing a comprehensible, written description of the defect. After receipt of the written description of the defect, FX Dudes will remedy the defect within a reasonable period of time.
4.7.3 CUSTOMER is only entitled to extraordinary termination if FX Dudes is not able to remedy the defect within a reasonable period of time. In all other respects the legal regulations apply.
4.8 Limitation of liability
4.8.1 FX Dudes applies the usual care expected of a publisher in selecting, maintaining and updating the content of the ONLINE services. As far as FX Dudes is dependent on the supply of texts of third parties, especially on author's texts or court decisions in commentary works, FX Dudes does not guarantee for the correctness, actuality and completeness of the provided contents and their selection as well as compilations.
4.8.2 FX Dudes is not liable for any damage caused by malfunction of lines, servers, or other equipment not under the control of FX Dudes.
4.8.3 For damages due to injury to life, body or health, in case of intent or gross negligence of FX Dudes, a legal representative or vicarious agent as well as for damages covered by a granted guarantee or warranty, FX Dudes is liable according to legal regulations.
4.8.4 In case of slight negligence, FX Dudes is only liable for compensation of the contract-typical, foreseeable damages and only as far as a duty, the proper fulfillment of which makes the execution of this contract possible in the first place and on the compliance of which the contractual partner could trust (cardinal obligation), has been violated by FX Dudes, a legal representative or vicarious agent. In all other respects, liability is excluded to the extent permitted by law.
4.9 Copyright law
4.9.1 The digital contents and ONLINE services in question are database works specially produced by FX Dudes, especially databases in terms of §§ 4 Abs. 2, 87a Abs. 1 UrhG. The associated computer programs are protected by §§ 69a ff. UrhG.
4.9.2 FX Dudes is the copyright owner of all other elements of the ONLINE databases, especially with regard to the rights of use and ancillary copyrights of contents and documents.
5. e-books and audio downloads
5.1 After completion of the order process via the FX Dudes homepage, the CUSTOMER receives the simple, non-transferable right to use an e-book or audio book download (both in the following: "Downloads") for exclusively personal use according to copyright law in the respective offered way.
5.2 The right of use begins as soon as FX DUdes has provided the Customer with the download option. This is done by sending an email to the email address provided by the CUSTOMER and registered with FX Dudes.
5.3 This e-mail contains a link to download the download. The download link is available for a period of 14 days.
5.4 It is the CUSTOMER's responsibility to transfer the file to his end device in due time before the expiry of this period and to protect the file there by security measures (e.g. backup).
5.5 Downloads contain a watermark with the personal data of the CUSTOMER to protect against illegal duplication.
5.6 The transfer of downloads to different computers or mobile devices of the CUSTOMER is permitted for personal use. Furthermore, it is not permitted to change the content or editorial content of downloads in any way or to use modified versions, to copy them for third parties, to make them publicly accessible or forward them, to place them on the Internet or in other networks, whether for payment or free of charge, to imitate them, resell them or use them for commercial purposes.
5.7 A transfer of rights to third parties is excluded.
6. general information
6.1 Erfüllungsort ist Backnang.
6.2 The law of the Federal Republic of Germany applies exclusively, excluding the UN Convention on Contracts for the International Sale of Goods.
6.3 Ist der KUNDE Vollkaufmann oder eine Person des öffentlichen Rechts oder hat der KUNDE keinen ständigen Wohnsitz im Inland, so ist Gerichtsstand für Rechtsstreitigkeiten aus oder im Zusammenhang mit diesem Vertrag Backnang..
6.4 FX Dudes will not participate in any dispute resolution proceedings before a consumer dispute resolution agency.
6.5 Collateral agreements, amendments or supplements must be made in writing in order to be effective, as must the cancellation of the requirement for the written form.
6.6 Should any of these provisions be or subsequently become invalid, this shall not affect the validity of the provisions as a whole.