Terms & Conditions

1. Conclusion of the contractual relationship, changes to the terms of use

1. The following Terms of Use govern the contractual relationship between the Provider of the web service RateMe.Link, ("Web Service", "Service"), (hereinafter referred to as Provider) and the User.

2.The terms of use of this web service are valid for every User, regardless of the registration of an account.

3. Terms and Conditions of the User that conflict with or deviate from these Terms and Conditions shall only be recognized if expressly confirmed in writing by the Provider.

4. The Provider is entitled to change and adapt these conditions during the current membership. The Provider shall send the User the amended Terms and Conditions in text form and make special reference to the new provisions. At the same time, the Provider shall grant the User a reasonable period of time to declare whether he/she accepts the amended Terms of Use for the further use of the services. If no declaration is made within this period, the amended Terms and Conditions shall be deemed agreed. The Provider shall expressly inform the User of this legal consequence at the beginning of the period. If the User objects to the amendment of these Terms and Conditions, the Provider shall be entitled to terminate the User Agreement without notice to the other Users as of the effective date of the Terms and Conditions.

5. The Provider may also inform the User of changes to their Terms and Conditions and technical matters in a legally binding manner by e-mail. For this purpose, it is assumed that the Provider uses an administrative email address of the User provided upon conclusion of the contract or during the term of the contract.

2. Subject of the User agreement

1. The subject of the User Agreement is the provision by the Provider of a web service accessible worldwide, which allows the creation of pages for obtaining online ratings, so that third parties can leave ratings.

2. The concrete graphic and functional design of the contractual usage options, the expansion of the usage options with additional features or their supplementation with additional services subject to a charge are at the discretion of the Provider. The Provider is entitled to modify and adapt the concrete design at any time while retaining the usage options that are the subject matter of the contract.

3. Services that the Provider provides or makes available free of charge or voluntarily (free services) may be discontinued at any time and without notice. In the event of discontinuation, the User has no claim to continuation of the service.

3. Registration, account, passwords

1. No of the registration is required to submit reviews or to access the non-restricted parts of the web service.

2. Natural or legal persons can register to use the web service for creating rating pages. The registration of a legal entity can be made only through a person authorized to represent the entity.

3. The information requested during registration must be filled truthfully and completely.

4. There is no right to use this web service. The unrestricted domiciliary rights of the Provider apply.

5. The offer for registration is directed exclusively to persons who are at least 18 years old.

6. The User is obliged to keep her access data secret, to keep it safe and not to make it accessible to third parties. The User must not make her account available to third parties. The User acknowledges that she is fully responsible for the actions of third parties to whom she makes her account available.

4. General obligations of the User

1. The User may only use the usage options provided by the Provider within the scope of the contractually stipulated purposes. The User is prohibited from any improper use beyond this purpose, including the following actions:

  • reading or extracting contact data and personal data of other users
  • sending spam, i.e. messages not expressly desired by the recipient, via the web service or using contact data obtained via the web service;
  • anti-competitive actions;
  • posting of content excluded under Article 5, among others
  • any action that may cause excessive system load or system disruption, such as indexing of content excluded for search engines or web scraping
  • access through user interfaces other than those willingly provided by the Provider
  • circumvention of access restrictions or limitations
  • using other people's identities for registration, posting content or sending messages.

2. Each of the aforementioned breaches of duty entitles the Provider to take one or more of the following measures:

  • deletion or modification of content posted by the User,
  • termination of the User contract without notice,
  • Blocking of the account,
  • Deletion of the account and the contents posted by the User,
  • exclusion from further use.

3. Expressions in all content created by the User, such as texts, comments and notes should follow the rules of polite and respectful interaction with each other.

4. If the User obtains personal data of other users or participants via the web service or otherwise obtains personal data via the web service, the User shall, in accordance with applicable laws, declare the data subject to the use thereof and treat such data confidentially and with utmost care in accordance with applicable data protection provisions.

5. Duties of the User regarding posted content

1. The User has to ensure that she does not violate any rights of third parties (e.g., violation of copyrights, violation of personal rights, violation of competition) by posting content (texts, images, photos, videos, names, trademarks, etc.).

2. The User agrees not to post any content that violates these rules, morality or otherwise violate applicable German law. In particular but not exclusively prohibited are

  • content that may be suitable to harass others, in particular but not exclusively through aggressive, obscene, insulting, glorifying violence, defamatory or intrusive representations;
  • content that is not in accordance with the purpose of the Web Service or the respective pages made available by means of the Web Service or that may impair the attractiveness of the Web Service for other users;
  • content that poses a risk or exceptional burden to the smooth operation of the Provider’s business or the reputation of the Provider;
  • content protected by law, in particular by copyright and trademark law, without authorization.

3. Before publishing content, the User undertakes to check whether it contains information that she does not wish to publish. Content can be accessed by and stored in in search engines and thus become accessible worldwide. A claim for deletion or correction of such search engine entries against the Provider is excluded.

4. The User shall indemnify the Provider against all claims of third parties which they assert against the Provider in relation to an infringement committed by the User and for which the User is responsible. In this regard, the User shall assume all necessary costs of legal defense and reimburse the Provider for the costs incurred by the Provider due to the possible infringement. The User is obligated to support the Provider in good faith with information and documents in the legal defense against third parties. All further rights and claims for damages of the Provider shall remain unaffected.

5. The Provider is entitled to delete or deactivate the content posted by the User if it violates the rights of third parties or if third parties assert claims due to a violation of rights, the justification of which cannot be obviously excluded.

6. If the Provider becomes aware of a possible infringement of rights by the User's content, they will notify the User of this immediately in text form.

6. Liability

1. The Provider assumes no responsibility for content posted by Users, in particular not for their accuracy, completeness and timeliness.

2. The Provider is not liable for the handling or processing of personal data voluntarily disclosed by users of the web service outside the web service.

3. The Provider is liable in cases of intent or gross negligence in accordance with the statutory provisions. The liability for warranties is independent of fault. For slight negligence, the Provider shall be liable exclusively in accordance with the provisions of the Product Liability Act, for injury to life, body or health or for breach of essential contractual obligations. The claim for damages for the slightly negligent breach of essential contractual obligations is, however, limited to the contract-typical, foreseeable damage, unless there is liability for injury to life, body or health. The Provider shall be liable to the same extent for the fault of vicarious agents and representatives.

4. The provision of the above §6.3 extends to damages in addition to performance, damages in lieu of performance and claims for compensation due to futile expenses, regardless of the legal grounds, including liability due to defects, delay or impossibility.

7. Data security

The Provider uses the possibilities available according to the current state of technology for secure data transmission via the Internet between the User and the Provider’s technical infrastructure.

The data protection provisions are set out in detail in accordance with statutory provisions in a separate document also available on the Provider's website.

The Provider is able to view and change the data stored by the User on the Provider's servers. However, they will only make use of this possibility for purposes of technical administration, troubleshooting, billing or defense against risks and in strict compliance with confidentiality and separately regulated data protection. Employees of the Provider and third parties called in are obligated in accordance with data protection and will only access data required to perform the respective task.

8. Contract conclusion for registered accounts

1. The contract is concluded as soon as the Provider has enabled the User's access to their systems and provided the access data.

2. If a trial period has been agreed upon, the User declares the extension of the contract beyond the trial period by continuing to use the web service after the trial period has expired or by verbal or written declaration at the conditions and prices agreed upon at the conclusion of the contract. Otherwise, the contract ends automatically at the end of the trial period.

9. Cancellation and deletion of the account

1. The User and the Provider are entitled to terminate the contract for the use of free services, such as a free trial period, at any time without giving reasons and without observing a period of notice. This can be declared by deactivating the account in the User area or in text form, e.g., by e-mail. In the event of termination, the User's profile will be deleted, along with all content posted by her.

2. The Provider is entitled to terminate the User Agreement without notice if there is an important reason. An important reason exists in particular if the User:

  • violates her contractual obligations (see §4)
  • violates legal regulations when using the web service
  • is in default of payment according to Art. 10.

In these cases, the Provider is also entitled to delete the account and refuse to set up a new account and future participation in the Web Service.

3. The Provider is entitled to prevent or delay the complete deletion of the account and to make backup copies of content stored by the User if this serves to defend against or clarify matters relevant under criminal law, to defend against or prepare legal action, to prevent and defend against risks to the Provider's business operations or if legal regulations, e.g., retention obligations, prevent deletion.

5. If the User extends the contract beyond the trial period, the contract can be terminated at any time at the end of the agreed minimum term.

10. Prices, payment

1. The contract between the Provider and the User shall be governed by the price list current at the time of conclusion of the contract.

2. Payments for the selected contract period are due in advance.

11. Default of payment

1. If the User is in default with a payment of a not insignificant amount for at least fourteen days, the Provider is entitled to refuse their service. As a rule, this is done by blocking access. After blocking due to default of payment, the User is no longer able to access the data stored with the Provider until full payment of the overdue amount. The User remains obligated to pay the agreed amount even during the period of blocking.

2. if the User is in default
a) for two consecutive months with the payment of the Provider's remuneration or a not insignificant part of the remuneration or
b) in a period that extends over more than two months with the payment of remuneration in an amount that reaches the agreed remuneration for two months
the Provider may terminate the contractual relationship without notice. In the event of extraordinary termination by the Provider, the User's account including all data stored on the Provider's servers shall be deleted immediately.

12. Rights to the data of the User

1. The Provider shall not use the data entered by the User on the Provider's server for their own purposes or for the purposes of third parties, intentionally change it or delete it except for the termination of the contract.

2. At the end of the contract the Provider will remove all data stored by the User and caused by her use of the webservice from their systems.

13. Final provisions

1. The law of the Federal Republic of Germany shall apply exclusively, to the exclusion of private international law and the UN Convention on Contracts for the International Sale of Goods.

2.. Should one or more provisions of these Terms of Use be or become invalid, this shall not affect the validity of all other provisions or agreements in case of doubt.