Octorank UG (haftungsbeschränkt) ("Octorank") maintains a platform at the domains
1 SUBJECT MATTER OF THE AGREEMENT AND OBLIGATIONS OF OCTORANK
1.1 These General Terms and Conditions of Use and Business (hereinafter referred to as "Terms and Conditions of Use") apply to the use of the Platform by the participant. Competitions and invitations to tender may be subject to special project-related conditions (hereinafter referred to as "project-related conditions"). In the event of any conflict between the project-related conditions and the provisions of these Terms and Conditions, the project-related conditions shall prevail over the provisions of these Terms and Conditions.
1.3 Octorank provides the platform "as presented". Octorank therefore only provides the platform for the organisation of competitions and invitations to tender. Octorank is not the organiser of the competitions and tenders held on the platform and in particular assumes no liability for the fact that the prize promised within the framework of a competition or a tender is actually distributed to the winner.
2 CONDITIONS OF USE AND ACCESS TO THE PLATFORM
2.1 The participant agrees to the validity of these terms and conditions of use and, if applicable, project-related conditions by using services of Octorank on the platform.
2.2 In order to access and use the Platform, the Participant must use the software and hardware required to access the Internet, in particular (but not limited to) browser software and suitable communication technology. Procurement, installation, maintenance and operation of any necessary software and hardware are the sole responsibility of the participant. Octorank is in no way responsible or liable for the participant's Internet access, including, but not limited to, any problems related to connection speed, bandwidth or latency that may affect the participant's access to or use of the platform.
2.3 In order to use the services of Octorank, the Participant must be (i) 18 years of age or (ii) 16 years of age if the Participant's legal representative(s) agrees to participate.
2.4 Participation in a competition or an invitation to tender may require the participant to register on the platform. In such a case, the participant is obliged to create a profile which serves to identify him/her to other participants.
2.5 The result of a competition or tender is partly determined using an algorithm developed by Octorank. This algorithm is a trade secret of Octorank and will not be disclosed.
2.6 The participant agrees not to copy, modify, adapt, reproduce, translate, distribute, pass on, reverse engineer, decompile or disassemble any content or other features of the platform. The Participant is prohibited from violating or attempting to violate the security of the Platform, from attempting to investigate, verify or test the vulnerability of any system or network, or from violating any security or authentication measures.
2.7 The participant may not impair the functionality of the platform and its connection to users, hosts or networks in any way, in particular not by viruses, overloading, "flooding", "spamming", "mailbombing" or "crashing" or other computer codes, files or programs, which are capable of interrupting, destroying or restricting the functionality of the computer software or hardware or the telecommunications facilities. Attempted or actual unauthorised access to the platform may result in civil and criminal prosecution.
2.8 The platform may only be used by the participant for lawful purposes. In particular, the participant:
2.9 The participant must keep any login information (user name, password) provided by him/her strictly confidential at all times and ensure that no unauthorised persons gain access to the platform.
2.10 Octorank reserves the right to verify the age and identity of the participant. The participant is obliged to cooperate accordingly (e.g. by sending a copy of his identity card).
2.11 If Octorank has indications that the participant violates the provisions of these Terms and Conditions or project-related conditions, Octorank may block the corresponding access to the platform until the matter has been clarified and exclude the participant from participating in competitions and tenders.
2.12 If Octorank has reason to believe that the result of a competition or tender has been falsified, Octorank reserves the right to prematurely terminate the competition or tender and not to distribute the announced prize.
3 LICENSE GRANT
The participant already grants Octorank the non-exclusive, transferable, free of charge, temporally unlimited and worldwide right to use the contents uploaded by him on the platform for the implementation of the respective project purpose and - notwithstanding the obligations of Octorank to treat secret information (Item 6) confidentially - to make them accessible on the platform (in particular to copy, store and/or format them as far as this is necessary for the intended use).
4 PARTICIPANT'S GUARANTEES / INDEMNITY
4.1 The participant guarantees that all information submitted within the framework of participation in a competition or a call for entries is up-to-date, accurate and complete.
4.2 The Participant warrants that no information or content submitted to Octorank, in particular uploaded to the Platform, will violate any contractual obligation or violate the rights of any third party or any applicable law or regulation, including (but not limited to) copyrights, moral rights or other rights of any third party.
4.3 The participant guarantees that he will treat as strictly confidential any information marked as confidential (or any information the confidentiality of which results from the context) made available to him on the platform. The participant may not inform third parties of the existence or content of this information without the prior written consent of Octorank (e-mail sufficient).
4.4 The Participant shall fully indemnify Octorank, its representatives, employees, agents and member companies ("Indemnitees ") against any and all third party claims (including claims of collecting societies) arising out of the Participant's use of the Platform and shall defend the Indemnitees against such claims and pay indemnification to Indemnitees (including for reasonable costs of legal defense). This applies in particular (but not only) to:
5.1 Subject to the following provisions, Octorank and its employees and/or representatives shall not be liable for any damages, including but not limited to lost sales or profits, consequential damages or loss of use, arising out of the Platform or the information contained therein.
5.2 Notwithstanding clause 5.1, Octorank is liable in the case of intent or gross negligence as well as for injury to life or body, damage to health and in accordance with the Product Liability Act.
5.3 Contrary to clause 5.1, Octorank is liable in the event that essential contractual obligations have been breached, in case of slight negligence only for the damages incurred which are foreseeable and typical within the scope of the business relationship concerned.
5.4 Octorank is not liable for any further damage or loss. In particular, Octorank is not liable for initial defects of the platform, unless the prerequisites of clauses 5.2 and 5.3 apply.
5.5 Liability for loss of data shall be limited to the typical effort required to restore the data if backup copies are made regularly and in accordance with the associated risks.
5.6 The limitations of liability in this clause 5 also apply to the personal liability of Octorank's representatives and employees and to the liability of Octorank for their conduct.
Without prejudice to the purposes of the project implementation via the platform, Octorank undertakes to keep confidential all information which comes to its knowledge and which is marked as confidential as well as all information the confidentiality of which results from the factual context.
7 DATA PROTECTION AND DATA PROCESSING
7.2 In some projects Octorank collects the participant's data for the organizer, who then processes the data independently and without the responsibility of Octorank. The organizer alone controls the further use of the data after the collection and its separate data protection declaration applies. These circumstances are described in the respective project-related conditions.
8 GENERAL PROVISIONS
8.1 Any general terms and conditions of the participant are not applicable. Octorank reserves the right to change these terms and conditions at any time. Octorank will inform participants via the platform or by e-mail of any changes to the terms and conditions of use.
8.2 In the event that the participant is a merchant, the registered office of Octorank shall be the exclusive place of jurisdiction for all disputes arising in connection with the terms and conditions of use. Octorank is also entitled to bring an action at the general place of jurisdiction of the participant.
8.4 Should individual provisions of this contract be or become invalid, illegal or unenforceable, the validity of the remaining provisions of this contract shall not be affected thereby.