General Terms and Conditions of Business



§ 1 General aspects / Object of contract

of Ebner Verlag GmbH & Co. KG, hereinafter referred to as "the Operator" or "Provider", operates a database-protected online Web directory and Web catalogue on the Internet at www.natursteinonline.com/stonemarket, which provides contact and Internet addresses related to the industry as well as brief information and in which Advertisers enter their data at a fee. Entries by Advertisers are accepted exclusively on the basis of the current version of the General Terms and Conditions of Business. The General Terms and Conditions of Business apply to all areas of use and agreements insofar as no other explicit written agreements have been made. Other terms and conditions of business of a contact partner will not become the content of the contract and require no explicit rejection. If the customer (hereinafter referred to as "the Advertiser") makes use of our offer, it constitutes acknowledgement of the present General Terms and Conditions of Business. All ancillary agreements and modifications of the contract require explicit consent.



§ 2 Contract performance

The www.natursteinonline.de/stonemarket or www.natursteinonline.com/stonemarket Web portal offers its clients the opportunity to present themselves via a relevant advertisement with a portrait of the company / service company in the form of a brief description with contact data that the Advertisers enter themselves. These data can then be accessed by third parties or are publicly available via the directory structure or the search queries under the scope of the present General Terms and Conditions of Business.



All Advertisers who enter their data at www.natursteinonline.de/stonemarket or www.natursteinonline.com/stonemarket explicitly declare that they are prepared to have their names and addresses or parts of them also appear in the meta-tags of www.natursteinonline.de/stonemarket or www.natursteinonline.com/stonemarket and that the Operator may publish advertising of all kinds, in particular on the sub-pages "Contact data & details" of the respective entry.



Depending on the scope of the contractually agreed package, the Provider's offer covers the inclusion of a company profile and a company logo if available in an existing database. The company profile leads to an Internet page of the customer (target page) by means of a link (if entered). The Operator reserves the right to give priority to displaying fee-paid entries over the free entries and possibly to have additional sponsor links of other Advertisers pop up. By entering a relevant text description and the assignment of categories the customers can themselves in part determine the criteria of the entry for the search queries by third parties. Within the bounds of the categories specified by the Operator, the Advertiser can make his own entry under the heading he selects. When the Advertiser confirms the entry data and acknowledgement of the valid General Terms and Conditions of Business, it constitutes the conclusion of a legally valid contract according the German Civil Code. The entries under the category headings are available on the Operator's server and can be reached within the Internet. Owing to technical circumstances beyond our control 100% accessibility cannot be guaranteed. Insofar as the authorised party is not in agreement with the listing in the online portal, the entry may be deleted at any time. It is sufficient to send a short e-mail to the address specified in the legal notes. In case of deletion there is no entitlement to a reimbursement of the fee paid.

§ 3 Modification of performance

If the general legal, commercial or technical conditions for the use of the Internet or the www.natursteinonline.de/stonemarket or www.natursteinonline.com/stonemarket Website, and if this makes it significantly more difficult for the Operator to render the performance agreed by contract, the Operator is entitled to modify, sell or cease the services offered without any damage claims.

§ 4 Rights of use



The Advertiser declares agreement with the storage of the entry in the Operator's database and use of these data within the context of business activities and in conformity with the data protection regulations. This also includes the unlimited right to duplicate, disseminate, send or transmit the data supplied as a whole or in part, to make them available to the public to access, reproduce publicly and to process, amend or to combine with other content and/or to pass on to third parties as an information system.

§ General use

All rights to use the database and the entire content of www.natursteinonline.de/stonemarket or www.natursteinonline.com/stonemarket lie with the Operator of www.natursteinlonline.de/stonemarket or www.natursteinonline.com/stonemarket. Any form of utilisation that goes beyond the scope of normal use, i.e. every publication of data taken from it, every kind of reprint in whole or in part, duplication or dissemination represents a breach of copyright, which will give rise to legal action under civil law and criminal law and will obligate the responsible party among other things to pay compensation. It is also prohibited to copy, change or to translate, to reverse the development or to further develop the concept, design and structure and, in particular, all the graphic, texts and software or parts thereof. Program codes may not be bridged or rendered useless, nor may copyright marks be removed.

§ 6 Responsibilities of the Operator

The Operator is not responsible for entries made by the Advertisers themselves and the links to their homepages. This applies both to the correct input of data and to the content the respective entry and the design of any modifications, amendments and upgrades. It is outside content. The Operator is authorised to undertake maintenance work and to manage the online service and will endeavour to keep impairments to its use down to a minimum. Furthermore the Operator is authorised to change the structuring of the categories or entries for the sake of clarity. The attention of Advertisers is explicitly drawn to the fact that the Operator has no influence on how users of the online portal use the information the Advertisers have entered themselves.

§ 7 Responsibilities of the Advertisers and users



The Advertiser bears sole responsibility for the completeness, correctness and legality of his entry. The Advertiser explicitly assures that the content and offers on his homepage, which may be linked, is reconcilable with current German law and that it does not infringe any third-party rights. The Advertiser releases the Operator from all disadvantages of third parties - in particular from any claims under the laws governing liability - which the Operator incurs owing to infringements of the law committed by the Advertiser. The obligation to indemnity also includes the obligation to fully indemnify the Provider of all costs of legal defence, in particular court and lawyer's costs. The Advertiser assures that the images, logos and brands used by him for the entry are free of third-party rights or that the Advertiser is authorised to use the transmitted marks. This applies in particular to third-party rights to names, competitive rights, copyrights and personal rights. Insofar as third parties assert rights against the Operator because of the publication of images, logos, brands or trademarks, which the Advertiser has transmitted to the Operator in the course of registering the entry, the Advertiser is under obligation to indemnify the Operator for the damage incurred. If the Advertiser discovers at a later time that his entry, logo, target page or activated advertising banner infringes established law and or the rights of a third party, the Provider must be informed about it immediately. Insofar as the customer receives an access code from the Provider, he is responsible for keeping it secret. The same applies to passwords that the Advertiser assigns to or creates himself. The Operator may refuse the entry of an Advertiser or delete same without any prior announcement if this infringes established law in whole or in part, particularly if it is criminal law or priority third party rights that are infringed. Insofar as the Operator of www.natursteinlonline.de/stonemarket or www.natursteinonline.com/stonemarket provides a forum and this is used by the Advertisers, the user undertakes the obligation to abide by the forum rules set up there.

§ 8 Contents of the entries / Links to the target page of the Advertiser



The advertising entry, link to the target page, advertising logo or the advertising banner of the Advertiser must not be designed in such manner that:

1. It gives rise to confusion about the purpose of the advertising of the third parties;

2. In the case of functional design elements (e. g. selection boxes, search masks, pull-down menus), the functional elements cannot be enabled;

3. Illegal and immoral contents are indicated or contained;

4. Racist or prohibited contents are propagated;

5. No adults-only material, sexual topics, violent language, images of nudes and/or sexual activities, foul language, insulting or inappropriate expressions are used.

The Provider reserves the right to decide at his own discretion which entries and which banners are to be included or published in the Web portal and not to accept contents relating to specific products or services. The texts for the advertising entries, company portraits and advertising banners should be written in German and grammatically correct. The linked target page belonging to the Advertiser must make it possible for the user to return to the Web portal of the Provider by clicking once on the "Back" button. If this is not the case, the Operator may deactivate the advertising entry.

§ 9 Term of contract / Positioning of entry



Entries to www.natursteinonline.de/stonemarket or www.natursteinonline.com/stonemarket that are subject to a charge are considered paid when the Advertiser transfers the invoice amount. The contract partners may terminate the contract without specifying the reasons in writing (also by fax or e-mail). If the contract is terminated, the Operator will delete the Advertiser's entry free of charge. In the case of entries not subject to any charge, the Operator reserves the right to bar, delete or to enable the entries at any time at his own discretion under the aspect of providing meaningful and beneficial information for the visitors to the portal and its users. Furthermore, the Advertiser has no influence on or entitlement to a specific placement or order of the entries and does not obtain such by repeatedly placing them in a specific position.

§ 10 Remuneration / Payment terms



The respective valid prices of the Operator apply to all aspects of performance. When the Advertiser has successfully created an entry that has to be paid for, we forward the Advertiser to PayPal to do the billing. Only PayPal is responsible for the billing-transaction. If anything is unclear with the billing, please directly contact the Paypal support. If the Advertiser falls into arrears with payment, the Operator may stop execution of the current order or another order or bar until payment is made, or demand advance payment.

§ 11 Guarantee



In spite of the greatest possible care and attention to the generally acknowledged programming principles it is not possible to exclude errors when operating the www.natursteinonline.de/stonemarket or www.natursteinonline.com/stonemarket sites. The Operator therefore assumes a guarantee obligation within the scope of the statutory regulations. The Advertiser assumes the obligation to draw the attention of the Operator to errors within 14 days. Otherwise performance is considered accepted. The Operator assumes no warranty for the correct content of entries made by the Advertiser.

§ 12 Liability



The Operator assumes no responsibility that the content published in the online Web directory is correct, lawful and seemly, or that the relevant copyright regulations are met. The Provider reserves the right to delete pages or links from the Internet portal that infringe laws and legal standards, or which in his opinion constitute racist, sexist or pornographic content or content that glorifies violence; he will equally delete pages or links which in his opinion constitute a breach of the moral, religious or ideological feelings of its users. In the case of paid entries, the Operator shall assume liability if important contract duties are infringed; however liability is limited to a maximum of the fee paid for the relevant entry. In the case of services rendered free of charge, the Operator accepts no liability. Any form of misuse of any data on the online portal, whether conscious or unconscious, is prohibited. Third-party claims to the intellectual property of the Operator must be dismissed. The Operator assumes no form of liability for non-performance or errors on his Website and reserves the right to make alterations without announcing them. The Operator assumes no form of liability for the nature, extent, content or quality of performance rendered by third parties even if the Operator acted as go-between or if the business contact was made via the Internet offering of the Operator. In order to fulfil his performance (e. g. programming work the Operator may avail himself of the services of subcontractors and third parties. If this is the case, the General Terms and Conditions of Business of these partner firms shall apply.

§ 13 Data protection / Data storage



In compliance with the Federal German Data Protection Act the Advertiser is hereby informed of the fact that his full address and all information required for invoicing and for operating the online system will be stored and processed in machine-readable form. Data is only passed on to third parties if this is necessary for the purpose of system management or system extension, or for the benefit of guaranteeing the service offering to customers (c.f. also § 4 rights of use), or if the project -including all content - is sold to a third party. The attention of the Advertiser is drawn to the fact that when data are transmitted on the Internet - according to the current state-of-the-art it is impossible to completely exclude the possibility for all participants that unauthorised persons may gain access to the data transmitted during the transmission process.

§ 14 Copyright



The www.natursteinonline.de/stonemarket or www.natursteinonline.com/stonemarket online portal used here, including all software components and, in particular, the data base and other program and data areas, are protected by copyright. It is prohibited to copy, modify, to duplicate in any other way, to hire out, to publish, to redesign, or to transfer onto any other data carrier or use in any other way the program, parts of the program or components of the software and the database or data records. The texts, images, logos, dummies used and the present General Terms and Conditions of Business and all services, performance and products of the Provider connected to it are also subject to copyright and may only be used for purposes beyond the scope of this contract relationship with the explicit written consent of the Provider. In case of contravention, the Provider will take recourse to all legal means to pursue and punish same.

§ 15 Final clause / Saving clause



Should individual provisions of the present General Terms and Conditions of Business be or become ineffective, it shall be without prejudice to the effectiveness of the remaining provisions. The ineffective provisions shall be replaced by ones that come closest to the intended purpose. This applies accordingly if there is a gap in the regulations. The Advertiser explicitly declares agreement that all correspondence on the part of the Operator may be effected in electronic form, i.e. via e-mail. This correspondence between the Operator and the Advertiser is also valid if letters from the Operator do not bear a hand-written signature. The Advertiser will receive notification of changes to these General Terms and Conditions of Business via e-mail/newsletter at the latest 4 weeks before they come into effect.

§ 16 Legal venue / Place of performance



The place of performance is the main place of business of the Operator. Unless the law prescribes a mandatory alternative, the legal venue shall be the main place of business of the Operator. In the case that the domicile or ordinary place of residence of the Advertiser is not known at the time of bringing action, the legal venue also for court proceedings for order to pay debt is considered to be agreed to be the main place of business of the Operator. In the case of lack of clarity relating to translations of the homepage and the General Terms and Conditions of Business or in case of doubt and problems with interpreting the content, the German version of the texts is definitive.

§ 17 Applicable law



All legal relationships arising from business relations with the Operator are subject to German law only. International laws do not apply. The present General Terms and Conditions of Business relate to the online service in its respective current form.