Section 1 Subject of the Terms and Conditions
(1) Mattheußer Immobilien-vertriebsgesellschaft mbH, Goethestraße 26, 60313 Frankfurt am Main, Germany (hereinafter “Mattheußer”) offers a variety of functions and services on the website www.mattheusser.de (hereinafter the “Portal”). Users (hereinafter “Users”) can access and download content available on the Portal and use further services against payment or free of charge in accordance with their respective availability at the time (hereinafter “Services”).
Section 2 Range and Availability of Services
(1) Mattheußer offers various information services and other services that can be used for limited periods of time. Such services can be, for instance, the provision of data, articles, image documents, information and other contents (hereinafter collectively referred to as “Content”) as well as the possibility of contacting Mattheußer with personal messages.
(2) At any time shall Mattheußer be entitled to modify all Services available on the portal free of charge, to offer new Services against payment or free of charge or to cease the provision of Services free of charge.
(3) Users shall be entitled to use the Services on the Portal solely within Mattheußer’s technical and operational possibilities. Mattheußer shall be entitled to cease the provision of the Portal at any time, entirely or in part. Due to the nature of the internet, computer systems and mobile devices, Mattheußer does not assume any warranty or liability for the uninterrupted availability of the Portal or for the availability of all Services on all devices.
Section 3 Hyperlinks
The Portal may contain hyperlinks to third party websites. Mattheußer does not assume responsibility for any content on those websites and does not adopt those websites or their content because Mattheußer does not have any control over the linked information and is not responsible for the content or information contained thereon. Its use is at the User’s own risk.
Section 4 Content Protection, Responsibility for Third-Party Content
(1) All Content available on the Portal is protected by copyright laws or other protected rights and is owned by Mattheußer or by third parties (“Third-Party Content”) who have provided the respective Content. Content on the Portal is Third-Party Content if it is explicitly marked by a copyright notice of a third party. The compilation of Content as such is protected as a database or a database work pursuant to section 4 sub-section 2 and section 87a sub-section 1 of the German Act on Copyright and Related Rights (Urheberrechtsgesetz).
(3) Mattheußer does not check Third-Party Content for completeness, accuracy and legality and does not assume any responsibility or warranty for the completeness, accuracy, legality and currentness of Third-Party Content. This shall also apply with regard to the quality of Third-Party Content and its suitability for a particular purpose as well as to Third-Party Content on linked external websites.
Section 5 Scope of Permitted Use, Monitoring of User Activities
(2) The User is responsible for establishing the necessary technical requirements to use the Services. Mattheußer shall not provide any consultation to the User in this regard.
(4) The User is not permitted to engage in any activities on or in connection to the Portal that violate applicable law, the rights of third parties or the principles of youth protection. In particular, the User is not permitted:
• to harm persons, particularly minors, or to infringe their personal rights;
• to use the Portal in a manner that is contrary to public moralty;
• to violate protected rights, copyrights or other proprietary rights;
• to transmit content containing viruses, so-called Trojans, or other malware;
• to enter, save or send hyperlinks or contents to which the user is not entitled, especially if these hyperlinks or contents violate non-disclosure agreements or are unlawful; or
• to distribute advertising or unsolicited emails (so-called “spam”) or incorrect warnings of viruses, malfunctions and the like or to request the participation in any lottery, snowball systems, chain letters, pyramid games or similar activities.
(5) The User shall also be not permitted to engage in any action which might affect the smooth operation of the Portal or overload Mattheußer’s IT systems.
(6) Should the User gain knowledge of an illegal, abusive or otherwise unauthorized use of the Portal or any use contrary to the contract, the User shall inform Mattheußer hereof in writing or by email without delay.
Section 6 Rights to Use Content
• Users may download and display the Content available on the Portal only for personal purposes. This right of use is limited to the duration of participation in the Portal;
• it is not permitted to completely or partially edit, modify, translate, demonstrate or present, publish, exhibit, copy or distribute Content available on the Portal. It is also not permitted to remove or modify copyright notices, logos and other marks or proprietary notices.
(2) The User is only permitted to download or print Content if downloading or printing has been embedded into the Portal as a functionality (e.g. download button).
(3) For correctly downloaded and printed Content, Users are granted, respectively, a permanent and non-exclusive right of use for the User’s own, non-commercial purposes. Apart from that all rights to use Content remain with the original right holders (Mattheußer or a third party).
Section 7 Data Protection
Section 8 Liability
(1) Mattheußer is subject to unlimited liability for willful intent and grossly negligent breaches of duty.
(2) Mattheußer shall not be liable for damages caused by slightly negligent breaches of duty, unless these affect essential contractual duties or guarantees or damages from injuries to life, body or health or justify claims under the German product liability act (Produkthaftungsgesetz).
(3) In case Mattheußer is liable for slight negligence, liability shall be limited to foreseeable damages typical for the contract.
(4) As far as liability of Mattheußer is excluded or limited, this also applies to the liability of legal representatives, employees and vicarious agents of Mattheußer.
(5) Even though Mattheußer continuously strives to keep the Portal free of viruses, Mattheußer does not guarantee or warrant the absence of viruses or other malware. Before Content is downloaded, as it is possible and permitted in the particular case, the User shall take all necessary protective measures and operate virus scanners for the own protection and for preventing viruses or other malware from entering the Portal.
(6) The previous provisions of this section shall not modify the burden of proof to the User’s detriment.
Section 9 Form
Section 10 Final Provisions
(1) Should any of these provisions be or become invalid, the validity of the remaining provisions shall not be affected hereby.