Top 10 Internet GmbH ('Top10 Berlin' in the following) offers the city recommendation portal 'Top10 Berlin' with the purpose of presenting the comprehensive and barely transparent range of services on offer in Berlin in a way that is comprehensible for the user and at the same time in the form of an evaluating, changeable ranking. Top10 Berlin compiles 10 special locations from Berlin in selected categories of Top10 Berlin to give the user a quick and reliable choice of a suitable location.
- All services of Top10 Berlin in connection with the Top10 Berlin online portal are provided exclusively on the basis of these General Terms and Conditions (‘T&C’ in the following). The relationship between Top10 Berlin and the users is governed by these T&C. Terms and conditions of a user that depart from these T&C will not become a part of the contract unless they are recognised by Top10 Berlin explicitly.
2. Presentation of the locations
- 2.1.Top10 Berlin compiles an overview of ten locations in selected categories (lists) and makes them available to users. Responsibility for the number and choice of the individual categories lies with Top10 Berlin. No claim to the continuation of selected categories exists.
- 2.2. The user can suggest new categories as well as locations for new or existing categories, however without having any right to their inclusion by Top10 Berlin. Proposals are to be sent by email to email@example.com.
- 2.3. The selection of categories and presentation of the locations is the responsibility of Top10 Berlin. Apart from photographs of the individual locations, presentation of the locations includes the address, opening hours and additional information such as prices, parking etc. The information on the individual locations is obtained from generally accessible sources of information by Top10 Berlin; however Top10 Berlin does not accept any liability for the information being correct, complete or up to date. Top10 Berlin does not make the content of the providers its own.
3. Offers by third parties
- In the event that the user makes use of the services offered by third parties through the online portal a contract between the user and the third party will be concluded directly. The contract will be processed between the user and the third party only and the terms and conditions of the third party shall apply. Top10 Berlin will not accept any responsibility towards the user that the third party discharges its obligations.
- 4.1. The ranking and for this purpose the underlying rating of the locations shall be by Top10 Berlin exclusively on the basis of internal rating criteria.
- 4.2. The user can rate the locations presented on the Top10 Berlin online portal individually as recommendable. The rating does not have any influence on the ranking of the locations. Rating does not require registration and takes place by selecting the recommendation button on the website.
- 4.3. Apart from this, the user can use his email address and a user name to post an individual comment on the categories (lists) or individual locations. The online form on the website is to be used for the comment; however Top10 Berlin will only make a limited memory space available for the comment in each case. Top10 Berlin is not obliged to enlarge the memory space or to publish comments in another way.
The user shall work toward comments and criticism that is entirely objective. Top10 Berlin reserves the right to review each comment. In the case of comments that are defamatory, harmful to young persons, manifestly incorrect or prosecutable Top10 Berlin has the right to delete these comments without delay. The same shall apply if the user in question is ordered to cease and desist making a certain statement or has recognised this obligation out of court. The user is prohibited from expressing ideological or political opinions in comments. If the user uses an incorrect e-mail address, Top10 Berlin has the right to delete the comment.
- 4.4. The user can send suggestions regarding Top10 Berlin to Top10 Berlin. The suggestion is to be sent to firstname.lastname@example.org. If requested by the user individually, Top10 Berlin will give him feedback on his email.
5. Granting of rights
- 5.1. The user permits Top10 Berlin to make the comments written by the user and other material ('content' in the following) publicly accessible via other media, to reproduce it, to circulate it and place it at the disposal of third parties for corresponding use for a period unlimited in time and content. Permission will be given free of charge.
- 5.2. The user permits Top10 Berlin to place advertising and/or carry out other promotion measures using or in connection with the content posted.
- 5.3. Furthermore the user permits Top10 Berlin to adapt the content posted, in particular to adapt it to the format specifications required for use, or to improve the presentation quality or to combine it with other content. The user grants Top10 Berlin the right to grant sub-licences and transfer the rights of use in the content granted.
- 5.4. Sole responsibility for the content posted by him lies with the user. The user guarantees Top10 Berlin that he is the owner of all rights in the content posted required for the aforesaid uses and/or may make dispositions regarding these rights and that no rights of third parties, irrespective of the kind, and no statutory provisions of law are infringed by use on the Top10 Berlin online portal and in other media or forms of exploitation. The user will indemnify Top10 Berlin from all claims of third parties arising from rights infringed by the content posted at the first request. The costs of legal defence of Top10 Berlin in the amount of the statutory regulations shall be borne by the user insofar as the infringement of rights was caused by him. Top10 Berlin has the right to request an adequate advance payment for the legal defence. The user has the right to show the absence of culpability or lesser damage.
- 5.5. Top10 Berlin has the right to remove content that infringes the rights of third parties.
- 5.6. The right of use by Top10 Berlin will also continue after disconnection of the user. Content posted by the user may only be removed with the consent of Top10 Berlin.
6. Rights and duties of the user
- 6.1. Each user is obliged to treat other users with respect. Decency is to be observed in publications and comments.
- 6.2. The user is prohibited from carrying out interventions that disrupt or impair, by means of which the functioning of the website, the portal or individual associated features can be impaired. In particular, the user is banned from attempting to access the portal without entering his access data or using the access data of another user and from carrying out electronic attacks of any kind on the website or the portal.
- 6.3. Commercial or business use of the Top10 Berlin portal or parts thereof is not permitted. The user is prohibited from advertising on the online portal in any form, in particular in comments or other content as well as links.
- 6.4. The content of this website, including texts, illustrations, designs and names, is protected by law. Reproduction or other use or exploitation of this content is not permitted without the consent of the owner of the rights in question. The user is only permitted private, non-commercial use within the framework of the purpose limitation of this service. The user may retrieve, send, save and print out content to this extent.
- 6.5. In the event that a user culpably infringes the provisions of the T&C, he is obliged to pay damages to Top10 Berlin and indemnify it from all third-party claims at first request.
7. Liability, limitation of claims
- 7.1. Top10 Berlin does not accept any liability in the case of slight negligence by its legal representatives and vicarious agents outside essential contractual duties. This does not apply to loss of life, physical injury or damage to health. Insofar as liability for slight negligence exists, this is limited to predictable damage irrespective of the unlimited liability in the case of intent and gross negligence. In the case of default by Top10 Berlin or the impossibility of a service or reasons not beyond its control, the user has the right to dissolve the contract pursuant to the statutory provisions. The above provisions on claims to damages arising from default or impossibility or from torts shall apply correspondingly.
- 7.2. Top10 Berlin does not accept liability for any disruptions or impairments within the distribution network. Top10 will make every effort to ensure that the online portal is in working order at all times, however it will not accept any responsibility for interruptions to usability, in particular for delays, interruptions and outages due to technical reasons.
- 7.3. The personal data of the users will be protected by Top10 Berlin in accordance with the present state of technology. Top10 Berlin will not accept liability for impairment or abuse of this data by third parties insofar as this could not be avoided even by using appropriate data protection measures that conform to the state of technology.
- 7.4. Top10 Berlin will not accept any liability for prosecutable, defamatory or other unlawful comments by users on the online portal. Top10 Berlin is not obliged to review all comments to establish any infringements of a law and to delete them in the case of infringement of a law unless this infringement of a law is known to Top10 Berlin positively.
- 7.5. Top10 Berlin is not liable for infringements of a law by content, in particular photographs, published on the website by users.
- 7.6. Claims to compensation against Top10 Berlin will become limited by time in 12 months unless they are based on premeditation.
- 8.1. Top10 Berlin can alter or remove all links on the online portal at any time. The providers only are responsible for the content of the linked websites. Top10 Berlin does not accept any responsibility for the working order, absence of errors or legality of the linked websites of third parties. In addition Top10 Berlin explicitly distances itself from the content of the linked websites and does not make their content its own. Insofar as Top10 Berlin obtains knowledge of unlawful content on a linked website, Top10 Berlin will ensure that the relevant link is removed.
9. Amendments to the Terms and Conditions
- Top10 Berlin has the right to amend these Terms and Conditions at any time.
10. Other provisions
- 10.1. In the event that a provision of these Terms and Conditions is without legal effect in full or in part, this shall not affect the validity of the remaining provisions. The parties shall by agreement replace the terms and conditions without legal effect by a provision that most closely reflects the provision without legal effect. This shall apply analogously in the event that anything has been omitted.
- 10.2. Any and all amendments and supplements to these Terms and Conditions, including side agreements and including amendments to this clause, require the written form. Amendments and supplements hereto do not require a specific form. No verbal side agreements exist.
- 10.3. The law of the Federal Republic of Germany shall apply.
- 10.4. The place of performance is Berlin. Berlin is agreed as the place of jurisdiction for fully qualified, registered merchants. In addition, the jurisdictions pursuant to Section 12 ff. ZPO [German Code of Civil Procedure] shall apply to legal action and other legal appeals of Top10 Berlin as an option in the specific case.