Market place user agreement
1. Extent to which the market place user agreement applies
This agreement, to use the market place facility for the release, retrieval and use of announcements in the market place, as provided in nacworld, applies in conjunction with the nacworld user agreement, code of conduct, group guidelines and data protection regulation, which are all documented on the nacworld website. nacworld is authorised to alter this “Market place user agreement” for future use at any time, and to publish such alterations on its internet platform. Any such changes are to be so made that a person with no special knowledge or skill is able to understand them without difficulty.
2. Purpose of the Market place user agreement / service provision
The purpose of the market place user agreement is to provide for the acceptance and preparation of small private announcements made in the market place, located within the internet presence of nacworld. These small announcements can be produced in accordance with the agreement herewith. The publication of commercial advertisements is prohibited.
Use of the market place is free of charge for small private announcements. The user (masculine “user”, here annotated for simplicity, equally denotes the feminine gender) affirms, with the binding acknowledgement of the market place user agreement, non-commercial interest with his announcement. In the event of any single contravention, nacworld will immediately remove the article and issue a warning that any further breach will cause the user to be barred from the market place.
The user is free to choose how many announcements he submits in the market place. However, he obligates to place articles only in normal domestic quantities and declares that the description and condition of each item in the small announcement is truthfully stated, or as shown in picture form. The description of the announcement or application must be clearly apparent from its title. nacworld must presume a commercial interest when larger numbers or unusual quantities of announcements are submitted, and will follow the appropriate consequences. A single announcement may only be submitted once.
The decision lies with nacworld to provide further announcement categories or to close existing ones.
nacworld reserves the right to use equitable discretion in deciding whether a cost-free announcement in the market place will be withdrawn, if its outer appearance appears to be commercially orientated. nacworld's decision of equitable discretion will be based, in this sense, in accordance with section 315 of the BGB (German Civil Law), when, in concrete cases, the relevant factors have been reasonably and comprehensibly deliberated. Hereby, the outcome will not necessarily be based on one singular decision: nacworld will use a measure of tolerance, within which other decision factors may be taken into account.
nacworld is not obliged to monitor each individual announcement.
3. User accounts and registration
The market place is exclusively provided for the benefit of already registered users of nacworld. Use of and access to the market place requires acknowledgement of the user agreement. The acknowledgement pledges a contract between nacworld and the user, which is legally binding.
4.Compiling small announcements
The small announcements are solely produced through the form matrix within the market place. The user is free to choose whether uploaded picture material is included. This is also available as a field within the form matrix. The nacworld team can be contacted in the event of technical problems. The compiler of the small announcement (the user) is responsible for the contents, comments, links to his material and to the material of third parties, as well as for any other information given.
5.Duration and storage of announcements
nacworld is under no obligation to store or in any way save publicised announcements or their contents following the expiry date.
Announcements will principally remain visible in the system for an unlimited period of time, and will firstly be deleted when nacworld is informed that the announcement’s objective has been achieved. The user is also able to remove the announcement himself from the system at any time.
6.Third party copyright and publication
The user guarantees that all contents published by him are not bound by the copyright of third parties and grants nacworld the right to make use of the contents and services in an appropriate manner.
nacworld takes no responsibility for the contents placed in nacworld by the announcement compiler.
7. Modification, repositioning, deletion of contents
nacworld is not legally bound to inspect the contents of published announcements. However, nacworld reserves the right to reject, delete, reposition or to fully or partially modify their contents
- which breach the actual market place user agreement,
- purport to have a commercial background,
- prejudice the interests of nacworld,
- violate regulatory provisions,
- are contrary to the applicable law (in particular copyright, the licencing laws and rights of use) or are immoral.
It is especially forbidden to publish, or negotiate with, any announcements which advertise the following articles or offers of:
- stolen goods and house-breaking tools
- articles pertaining to security or official authorities
- reproductions and forgeries (money, postal stamps, products etc.)
- debt obligations, law court titles, and any other claims from legal authorities
- articles listed in sections 4, 10 and 11 of the nacworld Code of conduct (lottery, competitions, racist, sexual, offensive, pornographic and violent)
- prostitution and sexual aids
- articles marked as “Not for children” or “Approved from the age of 18”
- weapons, as described in the law on firearms
- paintball, including any such accessories
- tobacco in any form
- alcoholic beverages
- archaeological findings
- dangerous or restrictedly tradable goods
- second-hand underclothing, including baby clothes, with the exception of baby bodysuits and rompers
- medical instruments
- medical products, medicines and dietary preparations
- perfumes and cosmetic articles
- radioactive materials, poisons and explosive materials (fireworks, pyrotechnic materials), including any other form of health-damaging chemicals
- animals which originate from other countries
- strictly protected live animal species, products and preparations of strictly protected animals and strictly protected plants and the preparations thereof (also see www.wisia.de)
- animals which are poisonous, aggressive and difficult to handle
- human organs, blood and other body fluids
- articles which are legitimate to own, but which are prohibited to use (e.g. radar warning devices, electronic parking meters)
- drugs, in the meaning of the law concerning narcotics and other awareness-altering materials, including corresponding accessories
- lists, directories, or the like which contain addresses of manufacturers, traders and suppliers
- dangerous activities
- employment offers and requests for the under 14 years old
- chargeable telephone services (SMS services, 0900 numbers, fax services etc.)
- bootleg recordings (pirate copies)
- imitation or forged proprietary products
- decoding hardware or software for pay TV, or for the modification of play consoles or mobile telephones
- illegal copies of protected works or objects, especially copies of cinema films or music
nacworld does not require to be informed before editing, deleting or repositioning any announcements.
nacworld indemnifies itself from all claims which third parties may raise against users. This indemnity includes costs incurred through statutory violations by users and also the liability for any defects.
It is forbidden to display service telephone numbers which directly or indirectly incur special charges for the caller. Such details may be deleted by nacworld and may lead to permanent exclusion of users from this nacworld facility.
8. Violation of the general conditions for use and the user agreement
nacworld reserves the right to use its own discretion to temporarily or permanently bar the user account from the market place, should a violation against the nacworld user agreement and the market place user agreement be determined, or to take other actions in accordance with section 6 of the nacworld user agreement. Such action does not require any prior warning.
9. Capture and use of personal data
nacworld is authorised to capture, examine and make use of users’ personal data in accordance with legal requirements. Further information can be found within the data protection agreement. nacworld will handle personal data with confidentiality. It will not be given to third parties for commercial interest. It will only be provided as legally required, or to secure the rights of nacworld in pursuing violations against the market place user agreement or the nacworld user agreement.
It is forbidden for market place users to gather personal data of other users and to pass this on to third parties. It is also forbidden to publish personal data or contact details of third parties on the market place.
nacworld is not responsible and accepts no liability for the correctness, completeness, availability, appropriateness or quality of users’ published announcements.
nacworld is neither a party, nor representative of a party, or arbitrator, between users and any transactions which may, or may not have been closed, nor personal intermediary of any transactions within the partner exchange. nacworld accepts no responsibility for the initiation processes of any contracts, contract completions and the management of contracts. It is the user placing the announcement, and not nacworld, who is entirely responsible to confirm the reliability of such an announcement. This particularly applies to the job vacancy and partner exchange announcements.
nacworld accepts no responsibility for the correctness and completeness of details and information provided, nor for the identity and integrity of the user.
It is impossible, according to the current state of technology, to exclude all uncertainties inherent in the medium of the internet. For this reason, nacworld makes no guarantee for technical errors, and especially for the continuous, uninterrupted availability of the data bank and its contents and for the error-free production of items placed by the user in the online classified market place.
nacworld also accepts no responsibility, for whatever reason, for the uninterrupted availability of the market place.
Any damage compensation demands for the above-mentioned reasons are to be directed to the user. nacworld also takes no responsibility for the legal contravention of contents provided by the user, or in connection with the object placed in the announcement. Also excluded is the responsibility of nacworld for, or because of, deficiencies of items, or services, being offered. Damage compensation demands due to the above-mentioned points are to be directed to the respective compiler of the announcement (the user).
The user is obliged, in such a situation, to indemnify nacworld from all claims made by third parties. The indemnity also applies to costs which may be placed against nacworld resulting from any legal contravention made by the user. Damages claimed against nacworld, independent of the type of breach purported to have been committed, including those for unlawful acts, are excluded unless they have been committed with premeditation or through gross negligence.
nacworld accepts liability for each act of negligence when a significant breach of contract has occured, however only as far as the level of the foreseeable damage. The above-mentioned limitations of liability and exclusions do not apply to damages resulting from personal injury, bodily harm or damage to health.
Liability which is excluded or limited applies equally to employees, representatives, agencies and assistants of nacworld.
Be advised that nacworld has no influence over the presentation and contents of linked internet websites. Therefore, nacworld expressly distances itself from all contents of websites which users place, as links, in nacworld announcements.
nacworld reserves the right to delete any links which violate this market place user agreement or applicable law without prior notice.
11. Termination of the user contract and deletion of the user account
Users may terminate their user contract at any time. The termination must be in the written form, either sent through the postal system or by email to firstname.lastname@example.org. The user must state whether the termination relates only to the market place or to further participation in nacworld. The corresponding user account will be deleted on receipt of the termination notice.
nacworld reserves the right to delete registered user accounts which are incomplete and user accounts which have remained inactive for more than 24 months.
12. Copyright and trademark protection
nacworld has the exclusive right to use copyright-protected elements of all works, such graphics, style sheets, layouts, colour schemes, graphic integration into its complete layout, computer images, logos, web designs or any other artistic elements, as well as website database work, on its website, in accordance with section 4, paragraph 2 of the German copyright law for collections and database works and as a data base in accordance with section 87a of the German copyright law.
We explicitly advise that pictures in websites may be protected by the copyright of third parties.
The elements appearing on nacworld’s website are trademark protected for the benefit of nacworld. This especially applies to logos and emblems. nacworld will act with all consequence against any person who copies or reproduces, disseminates, gives public access to or otherwise contravenes the copyright or proprietary protection of its layout, pictures, logos, texts, data, graphics or any similar material or artistic elements of its website without nacworld’s authority.
13. Severability clause
The validity of all other provisions of this user agreement remain unaffected by the invalidity of any single provision of the same agreement.
As at 12th November 2013