Terms of Use

(valid from 06/30/2014)

Important! Please note:
You agree to the German Terms of Use which have been translated to English for your convenience only. The German Terms of Use are binding.

1. General

1.1. Scope. OnPage.org is a service of the OnPage.org GmbH, Paul-Heyse-Str. 27, 80336 Munich (Imprint: http://de.onpage.org/about/imprint/, hereinafter referred to as „OnPage.org“). OnPage.org is a technical platform for the analysis of the structure of websites used for commercial purposes of shopowners and Search Engine Optimizers (users). As far as agreements are concluded with users for the services of OnPage.org, the OnPage.org GmbH is the contracting party.

1.2. The present Terms of Use apply solely. The present Terms of Use provide the basis for legal relationships between OnPage.org and users about services which can be accessed free from OnPage.org (OnPage.org services). In case of utilization of charged services through the user, the present Terms of Use apply subordinately to the OnPage.org Terms and Conditions. The present Terms of Use also apply in case of opposing Terms and Conditions of the user. Even if OnPage.org provides services for the user acquainted with the conditions, those won’t be accepted, unless it has been agreed upon something deviant, with conditions of that kind requiring approval of members authorized to represent of the OnPage.org GmbH management.

1.3. The development of the OnPage.org services, particularly the analysis tool, is a dynamic process. OnPage.org can change its services without further notice of the user. Users are not entitled to claim temporal and/or spatial availability of the OnPage.org services; Use of the analysis tool can be limited, disrupted or discontinued without further notice.

2. Retrieval of evaluations

OnPage.org provides users the possibility, besides own evaluations of OnPage.org, to retrieve third party evaluations, recommendations, tips or additional contents and, as the case may be, pictures to offered services. These solely display a personal opinion, related to a specific point of time. The opinions are therefore shaped by personal perceptions and expectations of the respective author. Is also needs to be taken into account that the offered services can have changed since the content or the evaluation has been uploaded, for instance because of technical changes and/or renewals.

3. Rules of conduct for uploading evaluations and contents into the web portal

3.1. OnPage.org offers the user or also third parties to upload such partly anonymous evaluations or complementary contents and pictures into the web portal themselves. With that, the user can employ self created user IDs. The user is responsible himself for uploaded contents (e.g. reports/pictures/videos).

3.2. And yet, the following rules of conduct apply:
The user or any third party is prohibited from uploading content into the web portal of OnPage.org which

3.3. If an user trespasses the present conditions and/or those described below of uploading content/pictures/videos, OnPage.org is entitled to complement, change or remove content without further notice of the user and especially without giving reasons. Illicit posts will be deleted immediately.

4. Liability for contents and links of users or third parties

4.1. Information in our web portal is partly provided by OnPage.org, partly by third parties. These upload information into the web portal. Every supplier, user or third party is solely responsible for the accuracy, completeness and quality of the information.

4.2. OnPage.org neither adopts foreign content nor evaluations of users. Evaluations of users rather mirror the personal opinion of our users. OnPage.org has no bearing on form and content of those evaluations before uploading. Therefore we do not account for form and content of the evaluations and for the user IDs and exclude liability for this.

4.3. The user is not entitled to claim temporal and spatial availability of the OnPage.org services. OnPage.org is not liable for dinscontinuities (partly) and failures of the services because of repair, maintenance or updating work or because of other reasons which are not in the immediate range of influence or only interfere the services insignificantly.

4.4 Free services of OnPage.org can be changed or discontinued entirely or partly without further notice at all times.

4.5 OnPage.org strives to ensure the security of its web portal and users. Still, OnPage.org can not safeguard that content on the web portal doesn’t include elements which develop harmful impact (e.g. viruses). The user himself is responsible for sufficient virus protection, data and password security etc.

4.6 Apart from that, OnPage.org is principally only liable for intent and gross negligence and solely limited to typically predictable damage. Those limitations to liability do not apply in case of injury to life, limb and health or fundamental contractual obligations as well as in case of legally binding regulations.

4.7 If OnPage.org hints at third party content in its web portal through links, OnPage.org is not liable for that content. If the user is offered contract formation in the context of third party content, a contract is closed with the third party, not with OnPage.org. If the user notes illegal content, OnPage.org asks for reporting of such content.

5. Liability of the user

The user binds himself not to provide any false or misleading information about himself or others. The user is solely responsible for contents placed at his disposal (e.g. reports/pictures/videos/descriptions). The user is liable to OnPage.org for any non-contractual, improper and/or illegal usage of the OnPage.org web portal and for content which is located in the web portal and exempts OnPage.org from all claims which are due to third parties because of such breach of the user against OnPage.org. The user will support OnPage.org with the protection against such claims and provide OnPage.org with all information necessary for this purpose.

6. Copyrights / granting usage rights

6.1 Content and works created by OnPage.org and its employees on these pages can be liable to German copyright. Reproduction, editing, distribution and any kind of utilization of content liable to copy or intellectual property right are subject to permission of the respective author or creator. Downloads or copies of this site are only permitted for private use. Commercial sub-licensing or onward sale to third parties is prohibited. If content on this page wasn’t created by OnPage.org, copyrights of third parties apply. Third party content is particularly marked as such. If however you should come across copyright infringement, we thus ask for indication. Having detected copyright infringement, such content will be deleted immediately.

6.2 With uploading content, the user or every third party guarantees to own all rights, especially intellectual property rights, of this content or to be equipped with all rights, licences, consents etc.

6.3 With uploading content, OnPage.org owns a complimentary, irreversible, factual, spatial and temporally unlimited as well as transferable usage right of this content. OnPage.org is hence entitled to use this content in every form, particularly to publish it in all media (esp. print, internet, television, moblie platforms of telecommunication), and to reproduce, distribute, publish, send and play in sound and vision as well as use it for representational promotion or advertising. The user or any third party permits OnPage.org to compress, edit with regard to moral right, translate into other languages, delete and use content at another point of the web portal. The user agrees with his pictures and texts being moved into different sections in order to provide better overview. The user agrees with OnPage.org editing, deleting or translating his remaining content to a certain degree and with proper protection of the author’s moral right.

7. Other property rights

On the OnPage.org web portal, legally protected content (logos, trademarks, pictures etc.) is published as well. Lacking specific consent, the user is not allowed to in any way reproduce, distribute or in any other way, esp. for commercial use, utilize, publish, change or delete this content. The user is entitled to reproduce content for personal and non commercial use if the source is made clearly distinguishable.

8. Contacting

With every approach and every use of the OnPage.org services, the user is obligated to provide truthful and complete information and not to provide and/or send content containing unsolicited advertising (spam). Concerning the service, OnPage.org can notify you via eMail to your account’s eMail address, via letter to your account’s postal address and via message within the service. The notification becomes operative immediately.

9. Applicable law, legal domicile

9.1. The service is offered by OnPage.org’s company headquarters in Munich. You are obligated to obey all local, federal state, federal and national laws, orders and regulations which apply to your use of the service. This agreement and the use of the service are solely governed by the substantive law of the Federal Republic of Germany.

9.2. Legal domicile for all disputes between the user and OnPage.org is Munich, especially if after accepting this Terms of Use, the user has relocated his registered or habitual residence abroad or if his registered or habitual residence is not yet known at the time of commencement of legal proceedings.

10. Change of Terms of Use

10.1. OnPage.org reserves the right to change this agreement and to subject your use of the service to new or other contract conditions at any time. Changes of that kind and other contract conditions will be communicated to you, take effect immediately as soon as accepted and thereupon become included in this agreement. In case you don’t agree with the changes, OnPage.org is entitled to terminate this agreement with you.

10.2. After taking effect, the respective applicable version of the Terms and Conditions is retrievable from the OnPage.org web portal and storable as PDF document.

11. Final clauses

If a clause of this agreement is void or unenforceable, the clause needs to be interpreted in a way it becomes compatible with the applicable right and is optimally consistent with the original intentions of the parties. The remaining part of the agreement shall remain unaffected by this. If OnPage.org fails to enforce a right or clause of this agreement, it does not justify waiving of that right or clause.

OnPage.org reserves the right to adopt measures OnPage.org deems reasonably necessary or appropriate to enforce this agreement and to ensure the compliance with this agreement. You agree with OnPage.org being entitled to pass on login data and/or account information to prosecuting authorities, other authorities and/or third parties, if OnPage.org believes it to be resonably necessary or appropriate to enforce and/or ensure the compliance with the clauses of this agreement (including cooperating in lega processes related to your usage of the services and/or third party claims which demand that your usage of the service is illegal and/or violating third party rights).