Last Updated 27th November 2021
1. Definitions and Interpretation
In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
means any and all text, images, audio, video, scripts, code, software, music, databases, and any other form of information capable of being stored on a computer that appears on, or forms part of, Our Site;
means a subscription to Our Site providing access to Paid Content;
“You” or “User”
means the person using Our Site; and
means Dimusco GmbH a company registered in Germany.
2. Information About Us
3. Access to Our Site
3.1 It is your responsibility to make any and all arrangements necessary in order to access Our Site.
3.2 Access to free areas of Our Site is provided “as is” and on an “as available” basis. We may alter, suspend or discontinue Our Site (or any part of it) at any time and without notice. We will not be liable to You in any way if Our Site (or any part of it) is unavailable at any time and for any period.
4. Changes to Our Site
4.1 We may alter and update Our Site (or any part of it) at any time. As explained above, your use of Our Site constitutes your acceptance of these Terms and Conditions. Consequently, any changes made to these Terms and Conditions will apply to your use of Our Site the first time You use it after the changes have been implemented. You are therefore advised to check this page every time You use Our Site.
4.2 If any part of the current version of these Terms and Conditions conflicts with any previous version(s), the current version shall prevail unless We explicitly state otherwise.
5. Intellectual Property Rights and Our Site
5.1 All Content included on Our Site and the copyright and other intellectual property rights in that Content belongs to or has been licensed by Us, unless specifically labelled otherwise. All Content is protected by applicable German and international intellectual property laws and treaties.
5.2 You may access, view, and use Our Site in a web browser (including any web browsing capability built into other types of software or app) and You may download Our Site (or any part of it) for caching (this usually occurs automatically).
5.3 You may not use any Content from Our Site for commercial purposes without first obtaining a licence from Us (or our licensors, as applicable). This does not prevent the normal access, viewing, and use of Our Site for general information purposes by business users or consumers.
6. Links to Our Site
6.1 You may link to Our Site provided that:
6.1.1 You do so in a fair and legal manner;
6.1.2 You do not do so in a manner that suggests any form of association, endorsement or approval on Our part where none exists;
6.1.3 You do not use any logos or trademarks displayed on Our Site without Our express written permission; and
6.1.4 You do not do so in a way that is calculated to damage Our reputation or to take unfair advantage of it.
6.2 You may link to any page of Our Site.
6.3 You may not link to Our Site from any other site the content of which contains material that:
6.3.1 is sexually explicit;
6.3.2 is obscene, deliberately offensive, hateful or otherwise inflammatory;
6.3.3 promotes violence;
6.3.4 promotes or assists in any form of unlawful activity;
6.3.5 discriminates against, or is in any way defamatory of, any person, group or class of persons, race, sex, religion, nationality, disability, sexual orientation, or age;
6.3.6 is intended or is otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
6.3.7 is calculated or is otherwise likely to deceive;
6.3.8 is intended or is otherwise likely to infringe (or to threaten to infringe) another person’s privacy;
6.3.9 misleadingly impersonates any person or otherwise misrepresents the identity or affiliation of a particular person in a way that is calculated to deceive (obvious parodies are not included in this definition provided that they do not fall within any of the other provisions of this sub-Clause 6.3);
6.3.10 implies any form of affiliation with Us where none exists;
6.3.11 infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, patents, trade marks and database rights) of any other party; or
6.3.12 is made in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.
7. Links to Other Sites
Links to other sites may be included on Our Site. Unless expressly stated, these sites are not under Our control. We neither assume nor accept responsibility or liability for the content of third party sites. The inclusion of a link to another site on Our Site is for information only and does not imply any endorsement of the sites themselves or of those in control of them.
8.1 We may feature advertising on Our Site and We reserve the right to display advertising on other pages.
8.2 We are not responsible for the content of any advertising on Our Site. Each advertiser is responsible for the content of their own advertising material. We will not be responsible for any advertising on Our Site including, but not limited to, any errors, inaccuracies, or omissions.
9.1 Nothing provide free of charge on Our Site constitutes professional advice on which You should rely. It is provided for general information purposes only. Any advice given in relation to our Subscription will be subject to the Terms of Sale provided prior to purchase.
9.2 We make reasonable efforts to ensure that the Content on Our Site is complete, accurate, and up to date, but We make no warranties, representations, or guarantees (express or implied) that this will always be the case.
9.3 If you are a business user, We exclude all implied representations, warranties, conditions, and other terms that may apply to Our Site and Content.
10. Our Liability
10.1 To the fullest extent permissible by law, We accept no liability to any User for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) Our Site or the use of or reliance upon any Content (whether it is provided by Us or whether it is a Listing posted by a User) included on Our Site.
10.2 To the fullest extent permissible by law, We exclude all representations, warranties, and guarantees (whether express or implied) that may apply to Our Site or any Content included on Our Site.
10.3 If You are a business user, We accept no liability for loss of profits, sales, business or revenue; loss of business opportunity, goodwill or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.
10.4 We exercise all reasonable skill and care to ensure that Our Site is free from viruses and other malware. Subject to sub-Clause 10.3, We accept no liability for any loss or damage resulting from a virus or other malware, a distributed denial of service attack, or other harmful material or event that may adversely affect your hardware, software, data or other material that occurs as a result of your use of Our Site (including the downloading of any Content from it) or any other site referred to on Our Site.
10.5 We neither assume nor accept responsibility or liability arising out of any disruption or non-availability of Our Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship.
10.6 Nothing in these Terms and Conditions excludes or restricts Our liability for fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability which cannot be excluded or restricted by law. For full details of consumers’ legal rights, including those relating to digital content, please contact your local Citizens’ Advice Bureau or Trading Standards Office.
11. Virus, Malware and Security
11.1 We exercise all reasonable skill and care to ensure that Our Site is secure and free from viruses and other malware. We do not, however, guarantee that Our Site is secure or free from viruses or other malware and accept no liability in respect of the same, as detailed in sub-Clause 12.4.
11.2 You are responsible for protecting your hardware, software, data and other material from viruses, malware, and other internet security risks.
11.3 You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via Our Site.
11.4 You must not attempt to gain unauthorised access to any part of Our Site, the server on which Our Site is stored, or any other server, computer, or database connected to Our Site.
11.5 You must not attack Our Site by means of a denial-of-service attack, a distributed denial of service attack, or by any other means.
11.6 By breaching the provisions of sub-Clauses 11.3 to 11.5 You may be committing a criminal offence. Any and all such breaches will be reported to the relevant law enforcement authorities, and We will cooperate fully with those authorities by disclosing your identity to them. Your right to use Our Site will cease immediately in the event of such a breach.
12. Privacy and Cookies and Data Protection.
12.1 Use of Our Site is also governed by Our combined Privacy and Cookies Policy, this is available at dimusco.com/terms. This policy is incorporated into these Terms and Conditions by this reference.
12.2 All personal information We will only use as set out in Our combined Privacy and Cookies Policy, available by using the link detailed in sub-Clause 12.1 above.
13. Communications from Us
13.1 If We have your contact details, We may send You important notices by email from time to time. Such notices may relate to matters including, but not limited to, changes to Our Site or to these Terms and Conditions.
13.2 We will not send You marketing emails without your express consent. If You do consent to marketing, You may opt out at any time. All marketing emails from Us include an unsubscribe link. If You opt out of emails from Us, it may take up to 14 days for Your request to take effect and You may continue to receive emails during that time.
14. Contacting Us
To contact Us, please email Us at firstname.lastname@example.org or use any of the methods provided on Our contact page.
15. Law and Jurisdiction
15.1 These Terms and Conditions, and the relationship between You and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of Germany.
15.2 Any dispute, controversy, proceedings or claim between you and Us relating to these Terms, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of Germany.