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General Terms and Conditions
General Terms and Conditions
Meaning of designmix.com
Registration, blocking, withdrawal and termination
Offer charges, additional charges
Security and forbidden use
System integrity
Upload designs
Disclaimer / exclusion of guarantees / exemption
& Changes to the General Terms and Conditions and the designmix.com service
& Changes to these General Terms and Conditions, Salvatoric Clause
General Terms and Conditions
for the use of the designmix.com website
If you use designmix.com, you agree to the following General Terms and Conditions and are bound by them.
The meaning of designmix.com
designmix.com is an open system for designers to present their designs. Ideas and designs are precious and sensitive property. It is one of the principles of the designmix.com website that as many visitors and users as possible should be able to examine the ideas and designs offered. Therefore, the designmix.com website has refrained from making the presentation available only to select users within an enclosed setting. For this reason the onus is on the designer himself to make sure that his presented design is protected by appropriate commercial trademark rights and/or by similar measures. On the designmix.com website designers can show their designs provided that the presentation of the design does not violate legal regulations, these General Terms and Conditions or the principles of designmix.com.
No sales contracts or other contracts (such as licence agreements) are entered by using the designmix.com website; likewise, nothing is either bid for or auctioned via the website.
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Registration, blocking, withdrawal and termination
Only a few functions of the designmix.com web site are available without registering. To be able to use all the functions, the user must register. Registration is made by opening a user account subject to agreement with the General Terms and Conditions. No right exists for registration to the designmix.com website. The registration itself is free of charge. The designmix.com website is only open to legal entities and natural juristic persons who have full legal capacity. Minors in particular are not permitted to use the designmix.com website. The data that is requested by designmix.com during the registration must be specified fully and correctly. If any changes occur after registration with regard to the data that the user had to enter then the user is obliged to correct the information immediately by notifying designmix.com. During the registration the user chooses a user name and applies for a personal password by email. The user name must not be identical to an email or Internet address. It must not violate the rights of third parties, and in particular, must not infringe on any rights to a name or trademark laws and must not offend common decency.
A user account is not transferable.
The publisher of designmix.com can block the user account if the user violates the regulations of these General Terms and Conditions, the principles of designmix.com, or violates existing law while using the designmix.com website or if the publisher of designmix.com has a legitimate interest in blocking a user. The publisher of designmix.com will consider legitimate interests of the user when deciding whether or not to block a user account. As soon as a designmix.com user account has been blocked, this user must not use the designmix.com website any more and may not reregister without the express consent of designmix.com. The publisher of designmix.com reserves the unlimited right to delete customer entries and/or offers from the designmix.com website, to categorise them in other categories or even to prohibit them from being allowed.
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Offer charges, additional charges
Registration as a user as well as uploading designs at designmix.com is free of charge. The publisher of designmix.com reserves the unlimited right to change this regulation at any time by amending the General terms and condition.
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Security and forbidden use
Since it is difficult to identify users on the Internet, the publisher of designmix.com cannot guarantee the correctness of the information that the users give about themselves and/or about their designs. In spite of various measures taken by the designmix.com website it is still possible that the user has given in wrong address data. Therefore, it is up to the users to convince themselves about the identity of the other.
The individual designs of users and/or the user profiles are created exclusively by persons that the publisher of designmix.com does not have any influence over. This is the reason why the designmix.com website can display search results and /or offers that some people regard as offensive, inappropriate or insulting. When using the designmix.com website we cannot guarantee that no material with unintended, offensive or illegal contents will be found and we do not assume any responsibility for the contents of any offer page or user profile.
It is forbidden to show designs whose publishing violate legal regulations or offend common decency. The following articles in particular must neither be described nor offered:
- designs whose advertising, offer or sale infringe on copyrights and ancillary copyrights, commercial trademarks (e.g. brands, patents, patented designs and industrial designs) as well as any other rights (e.g. the right to one's own picture, the right to a name, and personal rights, rights to the observance of secrecy).
- Pornographic designs and designs liable to corrupt the young
- Pictures of currencies of any kind
- Propaganda articles and articles with characteristics of unconstitutional organisations
The publisher of designmix.com reserves the right to delete offers from the website that violate currently valid law, these General Terms and Conditions or the principles of designmix.com.
Users of designmix.com are forbidden to carry out commercial advertising or to send unwanted advertising (such as spamming) and the like by using the addresses, contact data and email addresses of the designmix.com website.
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System integrity
The user is not entitled to use mechanisms, software or other routines in conjunction with the use of the designmix.com website that can disrupt the functions of the designmix.com website. The user must not take any measures that could cause an unreasonable or excessive load to the designmix.com infrastructure. The contents stored on the designmix.com website must neither be copied or disseminated nor may they be used or duplicated in any other way without the prior consent of the legal owner. This also applies to copying by means of "robot/crawler"- search engine technologies or by any other kinds of automatic mechanisms. The layout of the designmix.com website and these General Terms and Conditions may only be copied and/or used on other websites with the prior written consent of designmix.com.
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Upload designs
The designer must prepare his design in the appropriate category/ subcategory and describe it correctly and fully. When doing so he must truthfully specify the essential characteristics and features. Moreover, he must inform the user fully about the ownership of the design presented, his right of disposal and his publishing rights. The publisher of designmix.com reserves the right to create categories anew, to delete them or to rename them on the designmix.com website at any time. As a result, prepared designs might be affected. The publisher of designmix.com is entitled to change the category classification made by the user at any time.
The user can describe his design in words, with drawings or illustrations. In individual cases designmix.com reserves the right to make changes to the descriptions in order to optimise the presentation.
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Disclaimer / exclusion of guarantees/ exemption
The designmix.com website and the services offered via the designmix.com website are made available without any assurance with regard to availability and quality. The designmix.com website and the presented designs prepared by the users shall be published in the Internet without restriction. The publisher of designmix.com does not assume any responsibility nor does it give any guarantee in the event that on designmix.com presented designs are viewed, copied or illegally used elsewhere by third parties to the detriment of the person who has prepared the design should the occasion arise.
The publisher of designmix.com does not assume any responsibility nor give any guarantee for the accuracy, content, completeness, legality, reliability, operability or availability of information or material in the results displayed of the designmix.com website. Furthermore, the publisher of designmix.com does not assume any responsibility whatsoever for the removal, failure to save, failure to provide or to provide information and material ahead of time. The publisher of designmix.com also does not assume any responsibility for damages incurred as a result of downloading information and material from the Internet.
The publisher of designmix.com does not assume any responsibility nor give any guarantee for the information and designs of users prepared in the designmix.com website.
The user exempts the publisher of designmix.com from all claims asserted by other users or third parties against the designmix.com website or against the publisher of designmix.com because of the violation of their rights due to the designs and contents prepared by the users or because of their other use of the designmix.com website. In this case, the user also bears the costs for legally defending the publisher of designmix.com including all legal costs and lawyers' fees. This does not apply, however, if the user is not responsible for the infringement.
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Changes to the General Terms and Conditions and the designmix.com service
The publisher of designmix.com reserves the absolute right to change or delete in total or in parts the design and/or the structure on the designmix.com website at any time.
The publisher of designmix.com reserves the right to change General Terms and Conditions at any time and without giving any reasons. The changed conditions shall be sent to the user by email two weeks before coming into force. If the user does not object to the validity of the new General Terms and Conditions within two weeks after receiving the email, the changed General Terms and Conditions shall be regarded as having been accepted.
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Changes to these General Terms and Conditions, Salvatoric Clause
These General Terms and Conditions are the basis for entire agreement between the parties with regard to the object described here and abolish all previous or temporary appointments or agreements, either written or verbal, with regard to this object and replace it. Changes, additions or omissions of individual parts of these General Terms and Conditions are only valid if they have been confirmed in writing by the publisher of designmix.com. If any provision of these General Terms and Conditions is ineffective, the remaining provisions shall be unaffected thereby. The ineffective provision shall be replaced by another provision that most closely approximates the financial intent of the ineffective provision in a legally effective way. The same applies to any possible regulation omissions.
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