1. General information
1.2. USERS must be entrepreneurs within the meaning of § 14 BGB (German Civil Code). JKV reserves the right to immediately block the user accounts of USERS who are not entrepreneurs but consumers within the meaning of § 13 BGB (German Civil Code).
1.4. JKV does not recognize deviating terms and conditions of the USER unless JKV has expressly agreed to them in writing.
2. Conclusion of contracts including the online marketplace on metalworkingimages.com – Principles and description of services
2.2. JKV itself does not offer goods on jkvglobalsourcing.com, nor does it independently broker goods or partner with companies. JKV does not itself become a contractual partner of the contracts concluded exclusively between the USERS of jkvglobalsourcing.com via the online marketplace.
2.3. JKV merely provides the USERS with the technical and organizational infrastructure to initiate future contractual relationships between the sellers and buyers of metals (USERS). It is not possible to conclude a purchase or partnership agreement on the jkvglobalsourcing.com online marketplace. The USERS are themselves responsible for compliance with legal requirements and the assertion of claims arising from contracts concluded by them subsequently.
2.4. In particular, JKV does not assume any liability for
- the accuracy and completeness of the information and statements made in relation to the goods offered and the company names indicated in the list,
- the accuracy and completeness of the information provided by USERS
- the qualifications presented by USERS and the behavior and performance of USERS.
2.5. USERS are required to comply with all applicable laws when using jkvglobalsourcing.com. It is the sole responsibility of the USER to ensure that their offers comply with the legal requirements and do not infringe the rights of third parties. This applies in particular with regard to the provisions of international commercial law and the applicable national tax and trade regulations.
2.6. JKV can only carry out a limited check of the data deposited by the USER during registration. JKV does not verify the identity of a USER when registering. JKV therefore does not guarantee that the contact details used for a USER’s user account are correct. Every USER must therefore satisfy himself of the identity of his contractual partner before concluding the later contract.
3.1. This text is stored by the JKV each time a USER registers.
4. Technical aspects, availability and maintenance work
4.1. The USERS themselves are responsible for the presentation of their offers on various terminal devices. JKV has the right to technically edit article descriptions and contents of USERS in such a way that they can also be displayed on mobile devices or software applications of JKV or third parties.
4.2. JKV may make use of jkvglobalsourcing.com or individual functions of jkvglobalsourcing.com or the extent subject to certain conditions, such as verification of registration data, period of use, account type, status of the USER’s evaluation profile, or the submission of certain evidence (e.g. proof of identity).
4.3. JKV reserves the right to temporarily restrict its services with respect to jkvglobalsourcing.com if it is necessary in view of capacity limits, security or integrity of JKV’s servers or for the implementation of technical measures with respect to jkvglobalsourcing.com, or for the proper or improved provision of the services. In these cases, JKV takes into account the legitimate interests of the USER, e.g. through preliminary information.
4.4. Profiles or product groups that end in a period in which JKV cannot be reached due to maintenance work or other disruptions in the availability of jkvglobalsourcing.com will not be extended, even if interested USERS are unable to contact jkvglobalsourcing.com
4.5. If an unforeseen system failure impedes the use of jkvglobalsourcing.com, the USERS will be informed immediately in an appropriate form by JKV.
5. Registration and fees on jkvglobalsourcing.com / Function of the online marketplace on jkvglobalsourcing.com
5.1. The registration of a USER on jkvglobalsourcing.com is only a non-binding offer by the USER to act as a USER on jkvglobalsourcing.com. After successful registration, the USER receives a confirmation e-mail without obligation. The account will only be activated after confirmation of the link contained in the e-mail.
5.2. When registering on jkvglobalsourcing.com, the USER must indicate whether he wishes to register as a supplier or as a buyer (byer).
5.3. JKV reserves the right to reject individual registrations and, in its sole discretion, not to authorize USERS to use jkvglobalsourcing.com or to subsequently cancel individual registrations. By registering, the USER gains access to a profile which he can subsequently complete and individualize, e.g. by placing offers for goods.
5.5. After activating his profile within jkvglobalsourcing.com, the USER has the possibility to book one of several service packages (hereinafter: package). The bookable packages depend on whether the USER has registered as a supplier or as a buyer. The scope of services of the individual packages results from the description of services provided on jkvglobalsourcing.com.
5.6. The USER must book and activate a package within 2 weeks of the free registration at the latest. If no package is booked or activated within 2 weeks of registration, JKV will deactivate the account.
5.7. A change to a higher package (upgrade) is possible at any time. A change to a lower package (downgrade) is only possible after expiration of the respective contract period.
5.8. The presentation of USERS’ offers in jkvglobalsourcing.com’s user directory is merely a non-binding invitation to USERS to contact each other. The content posted by USERS on jkvglobalsourcing.com does not constitute legally binding offers.
5.9. JKV does not have any contractual or pre-contractual relationship with respect to the contracts concluded between the USERS on JKV. The USERS are obliged to satisfy themselves of the performance and identity of the potential contractual partner prior to the conclusion of a contract.
5.10. The conclusion of the contract and the communication between the USERS takes place exclusively by means of the contact data stored on jkvglobalsourcing.com. The USER is obliged to check the e-mail address stored on jkvglobalsourcing.com regularly and to ensure that system e-mails from jkvglobalsourcing.com can be read even if spam filters are used.
6. Fees on jkvglobalsourcing.com / Terms of Payment / Prohibition of Offsetting
6.1. The fees are based on the package booked by the USER in connection with his annual turnover in US dollars, as well as the general price list of JKV at the time of the conclusion of the contract. The user receives corresponding price information via the JKV website.
6.2. The USER is obliged to enter data on annual sales to the best of his knowledge and belief. JKV is entitled to demand corresponding proof of the actual amount of the annual turnover.
6.3. Unless otherwise stated, all fees and prices are in Euro plus sales tax, if any. The fees are due monthly or annually depending on the package and are due on the agreed dates. JKV only accepts the payment methods offered on jkvglobalsourcing.com. For the payment of the fees, the USER must select the preferred payment method from the available payment methods in his user account.
If a payment is made via PayPal, the USER must have a PayPal account and legitimize himself with his access data. Then the USER must go through the PayPal payment process and confirm the payment to JKV.
If payment is made via Stripe, the USER must provide an email address with his card number, expiry date and CVC. By disclosing his credit card details, the USER authorizes the credit card company concerned to charge the full amount of the invoice, including any delivery and shipping costs, when due. In this case, the debit will be initiated with the order confirmation.
6.6. The USER shall only be entitled to set-off rights against JKV if the counter-claims have been legally established and are undisputed or acknowledged by JKV or if the opposing claims are based on the same legal relationship.
7. Obligations of the USER, prohibited offers and other contents
7.1. It is the responsibility of the USER to ensure that the USER CONTENTS placed online by him, including the images used, comply with all legal requirements and do not infringe the rights of third parties.
7.3. Each USER may establish only one personal access to jkvglobalsourcing.com. JKV is entitled to refuse further registration attempts and to deactivate additional registrations or multiple accounts at any time.
7.4. The USER is obliged to enter the information requested during registration truthfully and to notify JKV of any changes to this information without delay.
7.5. The USER will keep his/her password, user name, e-mail address and all data that enable access to jkvglobalsourcing.com secret and will have them changed immediately or have them changed by JKV if there is reason to suspect that unauthorized third parties have obtained knowledge of such access data.
7.6. The USER is obliged to inform JKV immediately by e-mail of any suspected misuse of the access data via jkvglobalsourcing.com in order to have access to jkvglobalsourcing.com blocked. The USER is also liable for third parties who use or have used services via his user account, whether authorized or unauthorized. This does not apply if the USER is not responsible for unauthorized use. The USER is responsible for proving that he is not responsible for such use by third parties.
7.7. The USER undertakes not to misuse jkvglobalsourcing.com, including but not limited to
- not to interfere with telecommunications networks,
- not to infringe any national or international property rights (e.g. copyrights, trademark rights),
- not to violate penal regulations, in particular §§ 184 ff. StGB (distribution of pornographic writings), §§ 86 f. StGB (Dissemination of propaganda material of unconstitutional organizations), § 111 StGB (Public invitation to criminal offences), § 126 StGB (Threat of criminal offences), § 129a Abs. 3 StGB (advertising for a terrorist organization), § 130 StGB (incitement of the people), § 130 a StGB (instruction for criminal offences), § 131 StGB (depiction of violence), § 201a StGB (violation of the most personal area of life by taking pictures) as well as not to violate regulations for the protection of young people.
7.8. The USER agrees to refrain from making any falsehoods or misrepresentations on jkvglobalsourcing.com and/or post content that is unlawful, obscene, defamatory, libelous, threatening, pornographic, paedophile, revisionist (denying the existence of the Holocaust), harassing, hateful, racist, xenophobic, violent and/or ethnically offensive and/or contains other unlawful or immoral content and/or that disparages or infringes a trademark and/or other proprietary right of a third party.
7.9. The USER shall refrain from activities that go beyond the access possibilities provided within the framework of normal use of the jkvglobalsourcing.com portal, in particular such activities that aim to make the use of jkvglobalsourcing.com more difficult for other USERS or to render jkvglobalsourcing.com inoperative. In particular, this includes activities that may affect the physical or logical structure of jkvglobalsourcing.com beyond its intended use and/or result in an unusually high utilization of jkvglobalsourcing.com. If such user activities of a USER are aimed at rendering jkvglobalsourcing.com inoperable or difficult to use, JKV reserves the right to civil and criminal prosecution.
7.10. The passing on of contents of JKV to third parties (also in extracts) is not permitted without the consent of JKV. It is prohibited to integrate and/or display jkvglobalsourcing.com or individual pages of jkvglobalsourcing.com by means of a hyperlink in a sub-window (frame or iFrame). Furthermore, it is prohibited to copy data from jkvglobalsourcing.com using technical aids (e.g. crawlers, spiders, etc.) (so-called screen scraping) and process them further.
7.11. The USER is prohibited from modifying and/or removing any copyright and/or trademark notices and/or other notices contained in the content of jkvglobalsourcing.com.
7.12. The USER must refrain from improperly influencing the search functions on JKV’s online marketplace, e.g. by misusing brand names, company names or other search terms in the content description or description.
7.14. As far as legal requirements exist with regard to certain contents (e.g. transport of dangerous goods, special storage conditions, sales prohibitions in certain countries), only the USER is obliged to refer to the legal requirements within the description.
7.15. For technical reasons, it is possible that individual contents cannot be found immediately after posting via the category search or with the help of search terms. JKV allows USERS to sort search results according to various criteria. If a USER does not make a selection, the order of the search results depends on various factors, e.g. offer format, article description, number of search queries, number of retrievals, category. The USER is not entitled to any particular order of the search results displayed.
7.16. The description of the content as well as the pictures used must refer exclusively to the concrete content. Advertising for content not posted on jkvglobalsourcing.com is prohibited.
7.17. USERS may not use any seal of approval, warranty mark or other symbol of a third party that they are not authorized to use when using jkvglobalsourcing.com. JKV reserves the right to prohibit the use of any individual seal of approval, certification mark or other symbol by any third party on jkvglobalsourcing.com.
7.18. USERS are responsible for maintaining on jkvglobalsourcing.com an independent storage medium for any information visible on jkvglobalsourcing.com and stored by JKV that they need for evidence, accounting, or other purposes.
7.19. The USER may not block, overwrite or modify any content generated by JKV or other USERS, or otherwise interfere with the operation of jkvglobalsourcing.com, in particular if this could cause an excessive load on the jkvglobalsourcing.com server infrastructure.
8. Other Duties and Liability of the USER, Transfer of Rights to USER CONTENTS
8.1. The USER is solely responsible for the USER CONTENT posted on the jkvglobalsourcing.com platform.
8.2. The USER retains his or her copyright and all existing intellectual property rights to the USER CONTENT that he or she posts on jkvglobalsourcing.com.
8.3. If a USER posts copyright or other proprietary USER CONTENT on jkvglobalsourcing.com, he grants JKV and its affiliates, free of charge, the necessary, non-exclusive, worldwide and perpetual rights to use such USER CONTENT solely for the purpose of providing and operating jkvglobalsourcing.com and only to the extent necessary to do so.
8.4. In order for JKV to offer the jkvglobalsourcing.com platform, User Content must be stored by JKV and hosted on servers. JKV’s right of use therefore includes in particular, the right to reproduce the USER CONTENT technically. Furthermore, the USER grants JKV the right to make his USER CONTENTS on jkvglobalsourcing.com publicly accessible only in the event that he intends to make them publicly accessible due to the nature of the respective service or if the USER has expressly determined that they shall be made publicly accessible. The right of public access ends when the USER removes a discontinued USER CONTENT from jkvglobalsourcing.com or cancels the provision of public access.
8.5. By transferring USER CONTENTS to jkvglobalsourcing.com, the USER acknowledges that he/she has read and understood all of the User CONTENTS and that he/she is aware of the sufficient rights to transfer USER CONTENTS to JKV in accordance with the above provisions and is not aware of any conflicting rights of third parties, in particular that he is in possession of the necessary licenses, rights, approvals and authorizations for the use and authorization of JKV to use all patents, trademarks, trade secrets, copyrights and other proprietary rights in all submitted USER CONTENTS and that he has received written permission, release or other permission from JKV to use all submitted USER CONTENTS. JKV has obtained the consent of each individual identifiable person to ensure the acceptance and use of these submissions by JKV in the manner described above.
8.6. JKV reserves the right, without prior notice and in its sole discretion, not to publish any USER CONTENT that violates the foregoing provisions and to delete it from jkvglobalsourcing.com and any connected IT systems without notice or reason.
8.7. By uploading USER CONTENT, the USER confirms that he is not transmitting any content that is protected by copyrights, trade secrets or proprietary rights of third parties and does not contain unwanted or prohibited content in accordance with the above provisions in Section 8.
8.8. The USER shall be liable to JKV for damages incurred by JKV as a result of breaches of its obligations arising from the above provisions (Clause 7 and/or Clause 8) and shall indemnify JKV against claims by third parties in this respect. This does not apply if the USER is not responsible for the violation. The USER is responsible for proving that he is not responsible for the violation.
9. Contract Term, Termination, Sanctions and Blocking
9.1. The minimum contract period for monthly models is one month from the date of booking of the package. For annual models, the minimum contract period is twelve months from booking of the package. The contract period begins when the package is booked or when an upgrade is booked.
9.2. USER and JKV can cancel monthly packages booked with costs with a period of notice of 2 weeks to the end of the contract in writing. If the contract is not terminated in due time, it shall be extended by one month at a time.
9.3. The contract concluded between the USERS and JKV in the annual model can be terminated in writing with a notice period of 4 weeks to the end of the contract. If the cancellation is not made in due time, the annual package will be extended by a further 12 months.
9.4. The right to temporarily block a USER or to terminate the contract without notice in accordance with the following provisions shall remain unaffected.
- Deletion of content published by the USER;
- Warning the USER;
- Delay in the publication of the USER’s content;
- Restriction of the use of JKV;
- Withdrawal of a special USER status
- Temporary suspension of a USER’s user account for up to three calendar months;
- Termination without notice for good cause according to clause 9.7;
9.6. When selecting a measure, JKV takes into account the legitimate interests of the USER concerned, in particular whether there are any indications that the USER was not at fault for the infringement.
9.7. JKV may definitively exclude a USER from using the online marketplace on JKV (termination without notice), if,
- he repeatedly receives negative ratings and the blocking is necessary to protect the interests of other USERS or third parties;
- he has provided false contact information within his user account;
- he has made false declarations about his annual turnover;
- he has transferred his USER account to a third party or granted third parties access to it;
- he significantly damages other USERS or JKV;
- there’s another important reason.
9.8. After a USER has been finally blocked by a termination without notice, there is no right to restore the blocked user account.
9.9. As soon as a USER has been blocked or the user contract has been terminated by JKV, this USER may no longer use jkvglobalsourcing.com with other user accounts and may not log on again. A blocking or termination has no effect on JKV’s fee claims against the USER, insofar as these result from the time of the blocking. For the time span of a temporary blockage the user fees are void.
10. Liability of JKV
10.1. The USER’s claims against JKV for damages or reimbursement of futile expenses shall be governed by these provisions outside of warranty law regardless of the legal nature of the claim.
10.2. The liability of JKV is excluded – regardless of the legal grounds – unless the cause of the damage is based on intent and/or gross negligence on the part of JKV, its employees, representatives or vicarious agents of JKV. Insofar as the liability of JKV is excluded or limited, this shall also apply to the personal liability of employees, representatives or vicarious agents of JKV. The liability of JKV under the Product Liability Act remains unaffected (§ 14 ProdHG).
10.3. JKV shall be liable in accordance with the statutory provisions for damages resulting from injury to life, body or health which are based on an intentional, grossly negligent or negligent breach of duty by JKV or a legal representative or vicarious agent of JKV.
10.4. If JKV at least negligently violates an essential contractual obligation, i.e. an obligation whose observance is of particular importance for the achievement of the purpose of the contract (essential contractual obligation or cardinal obligation), the liability is limited to the typically occurring damage, i.e. to such damage whose occurrence must be typically expected within the framework of the contract. An essential contractual or cardinal obligation in the aforementioned sense is one the fulfilment of which is essential for the proper performance of this contract and on the observance of which the USER regularly relies and may rely.
10.5. Content and company profiles published by USERS on JKV do not represent the opinion of JKV and are generally not checked by JKV for their legality, correctness and completeness.
11.1. If a USER on jkvglobalsourcing.com is accused of an infringement by another USER or a third party, the USER hereby indemnifies JKV against all claims brought by other USERS or third parties against JKV for alleged infringement of their rights by the content posted on jkvglobalsourcing.com by the USER accused or for any other use of jkvglobalsourcing.com.
11.2. The accused USER has to bear the costs of the necessary legal defence of JKV including all court and lawyer costs in the respective legal amount. This does not apply if the alleged infringement is not the responsibility of the accused USER. The accused USER is obliged to provide JKV immediately, truthfully and completely with all information necessary for the examination of the claims and a defense in the event of a claim by third parties.
12. Data storage and data protection
12.1. USERS may not use addresses, contact information and email addresses obtained through the use of jkvglobalsourcing.com for any purpose other than contractual and pre-contractual communication. In particular, it is forbidden to resell these data or to use them for the sending of advertising, unless the respective USER has expressly agreed to this beforehand.
12.2. In addition, the data protection provisions of the data protection declaration on the website www. jkvglobalsourcing.com apply.
13.1. USERS may additionally place advertisements (hereinafter: ADVERTISEMENT) on jkvglobalsourcing.com in accordance with the following regulations.
13.2. Within the framework of a separate contractual relationship, the USER may book advertising that goes beyond his package to it. The concrete type of advertising (banner, etc.) results from the concrete advertising offer.
13.3. The ADVERTISEMENT ensures that the ADVERTISEMENT booked by the USER is displayed accordingly on the page. If, for example, the USER books a banner, this will be placed by JKV at the location listed in the offer. If a function is purchased by more than one USER, the order of the ADVERTISEMENT is determined by the date of receipt.
13.4. The contents, files, information and other data and materials (hereinafter referred to as “CONTENT”) required for the placement of the ADVERTISEMENT as well as links to other Internet pages must be checked by the USER for their legality. The USER assumes sole responsibility for the legality of the PROMOTIONAL CONTENT.
13.5. The USER shall ensure that the PROMOTIONAL CONTENTS do not violate statutory provisions, official prohibitions, the rights of third parties or the following provisions.
13.6. In particular, the USER shall ensure that he/she only delivers PROMOTIONAL CONTENTS to JKV that do not contain any of the following:
- 13.6.1. contents which are harmful to minors, in particular those which represent inadmissible offers within the meaning of § 4 JmStV or contents which are likely to impair the development of children or minors into an independent and communal personality (offers which impair development within the meaning of § 5 JmStV)
- 13.6.2. representations which incite the people or glorify violence within the meaning of §§ 130, 131 StGB (German Penal Code)
- 13.6.3. pornographic contents
- 13.6.4. Characteristics or means of propaganda of unconstitutional organizations in the sense of § 86 StGB (German Criminal Code)
- 13.6.5. Advertising for terrorist groups
- 13.6.6. Calls for criminal offences
- 13.6.7. warglorifying or racist statements
- 13.6.8. anti-competitive claims
- 13.6.9. defamatory statements or representations
- 13.6.10. other illegal contents
- 13.6.11. Content that is likely to damage the reputation of JKV or jkvglobalsourcing.com.
13.7. JKV shall be entitled to reject any Advertising or Advertising Content which does not meet the criteria set out in Clauses 13.5 and 13.6. In such a case, JKV is also entitled to remove or block already published ADVERTISEMENT if it contains such components. This shall also apply if the ADVERTISEMENT was subsequently changed by the USER.
13.8. In the event of non-publication or removal of ADVERTISEMENT, JKV will immediately inform the USER of this and invite him to comment on it. As long as the matter is not resolved, JKV will withhold the placement of the ADVERTISEMENT. In particular, official or criminal proceedings as well as requests from third parties to remove or not to publish the corresponding ADVERTISEMENT are indications that such inadmissible ADVERTISEMENT exists. This only applies if it is not obvious to JKV that this request from third parties is unfounded. These regulations also apply if corresponding illegal, immoral or infringing material is not contained in the ADVERTISEMENT, but on websites to which links are to be provided in the advertisement.
13.9. JKV is under no obligation to check the WERBUNG or any linked websites for legal infringements. If JKV nevertheless carries out such checks, this shall not invalidate the USER’s responsibility for the ADVERTISEMENT.
13.10. The USER must ensure that he has the necessary rights to use the CONTENTS of the ADVERTISEMENT that are required for the placement of the advertisement (see Section 13.29). The USER further affirms that the CONTENTS do not infringe any rights of third parties, in particular that they do not infringe any third-party copyrights, trademark rights or patent rights. In addition, in the event that the CONTENT contains links to other websites, the USER shall ensure that he is entitled to use these links.
13.11. JKV shall ensure that the CONTENTS, to the extent that they comply with these GTC, are published to the extent contractually agreed. JKV shall be entitled to process the CONTENT OF APPLICATION in such a way that size, resolution, format or other technical characteristics are adapted to the requirements of the publication, insofar as JKV deems this necessary and it is reasonable for the USER taking into account the interests of both parties.
13.12. If URLs other than those within jkvglobalsourcing.com are to be linked, the USER undertakes to ensure that the linked content is available as far as technically possible during the term of the switched ADVERTISEMENT. Should this availability not be guaranteed, JKV is entitled to suspend the placement of an advertisement referring to such unavailable content. JKV will inform the USER of this immediately. In addition, both contracting parties shall immediately inform their respective contracting parties as soon as disruptions in the accessibility of a linked external content, ADVERTISING CONTENT or a link target on jkvglobalsourcing.com are detected.
13.13. For the period in which the USER does not or not completely fulfil his obligations to cooperate, JKV is released from the obligation to perform to the extent that the provision of services by JKV is not possible without the cooperation of the USER or only possible with considerable additional expenditure. If, in addition, additional expenses are incurred for JKV as a result of the USER not or not completely fulfilling his obligations to cooperate, the USER shall be obliged to reimburse the costs incurred as a result.
13.14. The USER is obliged to check the ADVERTISEMENT immediately after its publication. If there are any recognizable errors, he must notify WERBUNG of these in writing immediately, but at the latest within one week of placing the advertisement. The ADVERTISEMENT shall be deemed to have been approved in accordance with the contract if the USER omits to make such notification, unless the error was not recognizable at the time of verification. The same applies if an error occurs later.
13.15. Insofar as JKV is entitled to statutory rights which entitle JKV to terminate or withdraw from the contract, these shall remain unaffected.
13.16. If JKV deems it necessary to process the PROMOTIONAL CONTENTS at a level other than the technical level, in particular to process the content, for example because the PROMOTIONAL CONTENTS contain material that contradicts the provisions of Sections 13.5 and/or 13.6 of these GTC, JKV shall obtain the USER’s consent for such changes. The USER shall be responsible for any delays arising as a result.
13.17. The APPLICATION switched to JKV will only be published to the extent and within the scope contractually agreed. This includes agreements about a certain period of time within which the ADVERTISEMENT is to be placed, about a certain number of retrievals of the advertisement by Internet users (advertising calls), about a certain number of retrievals of the website containing the advertisement (page calls) or about a certain number of clicks on the advertisement (advertising clicks). The alteration of this scope of the booked ADVERTISEMENT is possible by agreement of the parties in text form, unless the original contractual agreement provides otherwise.
13.18. Unless otherwise stipulated in the contractual agreement, the USER is not entitled to place advertisements on specific placements. In particular, JKV is entitled to change, create new or abolish placements for advertising and to deliver the ADVERTISEMENT on other placements which have the same overall scope, unless otherwise regulated in the contractual agreement.
13.19. JKV is obliged to expressly mark the ADVERTISEMENT, which lies in a better placement, as advertising, in particular to label it with the term “advertisement” or to distinguish it optically from other components of jkvglobalsourcing.com.
13.20. The PROMOTIONAL CONTENTS supplied by the USER shall not be surrendered or stored by JKV after the end of the advertising campaign.
13.21. If offers, in the context of which the publication of WERBUNG is intended, are not offered at the intended time or technical circumstances, which do not lie in the area of responsibility of JKV, prevent the placement of the advertisement at the intended time, JKV is entitled to postpone the intended date for the placement of the WERBUNG or to cancel it completely. In the event of a postponement, JKV shall take into consideration the interests of the USER to the extent that such interests are known to JKV and JKV is able and reasonable to do so.
13.22. The remuneration for the services provided by JKV in the area of online advertising is determined by agreement in the respective contract.
13.23. If the remuneration is calculated on the basis of the number of advertising views, page views or advertising clicks, JKV shall inform the USER upon request of the number of views of the pages on which the USER’S ADVERTISEMENT is placed relevant for the ADVERTISEMENT booked by the USER.
13.24. For the calculation of these figures on which the remuneration is based, the measurement of the access figures carried out by JKV is decisive. Other measurements carried out by the USER shall only be taken into account if they demonstrably deviate by more than 10% or, in the case of mobile offers, by more than 30% from the figures determined by JKV. If this is the case, the parties shall agree separately on the relevant access numbers.
13.25. The agreed remuneration shall normally be invoiced after the end of the advertising campaign, unless the parties have stipulated otherwise in the contract. In the case of advertising campaigns which have a duration of more than one month and for which monthly invoicing has been agreed, the agreed remuneration shall be invoiced at the end of the respective month.
13.26. JKV reserves the right to demand advance payments from USERS.
13.27. If JKV makes use of its right pursuant to Section 13.7 not to publish ADVERTISEMENT, the USER shall not be obliged to pay the agreed remuneration. However, unless the USER immediately changes the ADVERTISING CONTENTS in such a way that they comply with the criteria set out in Clauses 13.5 and 13.6, the USER shall be liable for damages incurred by JKV as a result of JKV no longer being able to allocate the booked advertising space elsewhere at the same price. The USER is at liberty to prove that JKV has incurred no or less damage.
13.28. The USER grants JKV the rights of use to the CONTENTS required for the placement of the ADVERTISEMENT. This includes the non-exclusive, worldwide right, transferable or sublicensable only to affiliated companies of JKV within the meaning of Section 15 AktG, for the purposes of the Agreement and for the agreed term of the Agreement, to integrate, publish, make available worldwide and reproduce the CONTAINS on jkvglobalsourcing.com for the purposes of the Agreement.
13.29. This granting of rights includes all digital and analogue transmission and retrieval techniques and includes retrieval via cable, radio and satellite networks as well as the use of all protocols and programming or markup languages used for this purpose.
13.30. It also includes playback, downloading and storage on any device that can be used to access jkvglobalsourcing.com content.
13.31. At the same time, the USER grants JKV the right to process the PROMOTIONAL CONTENTS in accordance with the provisions of these GTC and to use such processing in accordance with the above provisions.
13.32. This granting of rights under the above Sections 13.29 to 13.32 includes in particular copyrights and ancillary copyrights, name rights, title rights, trademark rights as well as other trademark rights and the right to one’s own image.
14. Final provisions
14.1. The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
14.2. If the USER is a merchant, legal entity under public law or special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract shall be the registered office of JKV in Darmstadt, Germany.
14.3. The same shall apply if the USER is an entrepreneur and has no general place of jurisdiction in Germany or if his place of residence or habitual abode is unknown at the time the action is filed. The authority of JKV to also appeal to the court at another legal place of jurisdiction remains unaffected by this.