General Terms and Conditions: Trade Blog
§ 1 Scope of Application
1.1 The following general terms and conditions (hereinafter referred to as “GTC”) apply to contributions with regard to the trade blog at blog.arvigortrading.com (hereinafter referred to as “blog”). This blog is operated by
Arvigor Trading & Co. GmbH
Glinkastr. 32, 10117 Berlin
Federal Republic of Germany
(hereinafter referred to as “operator”)
and it provides individual authors or editors (hereinafter referred to as “guest author”) with a platform to publish guest contributions. This represents the subject of the contract. Everything else is regulated by the legislation and the case law.
1.2 The registration as a guest author is for free and handled by e-mail to email@example.com via the contact form of the blog. Upon verification of the guest author’s suitability, the guest author receives the access data by e-mail with a reference to the GTC for a guest author account on the blog. The guest author account shall only be completely activated once the guest author agrees to the GTC and upon the guest author’s assurance to have reached the age of 18 via e-mail. The guest author is not entitled to a guest author account and the operator may exclude guest authors from contributing to the blog without any requirement to give reasons.
1.3 A prerequisite for the guest author’s registration on the blog is a verifiable activity as author or editor or demonstrable knowledge of the subject areas of the blog.
§ 2 Guest Contribution
2.1 Each publication of a guest contribution requires the editorial review and consent of the operator. The operator is not obliged to consent to the publication of a guest author’s contribution.
2.2 At any time, the guest author is given through his guest author account the possibility to make changes to his guest contributions. Changes to his guest contribution, except the deletion of his guest contribution, by the guest author require the editorial review and consent of the operator.
2.3 The guest author has the right to delete his guest contribution at any time without giving reasons.
2.4 The operator is entitled to make changes to guest contributions without the explicit approval by the guest author in terms of readability, length and form, in particular with regard to grammar and spelling, in order to meet the requirements for quality and correctness of the blog.
2.5 The operator is entitled to place third party advertisements in the individual guest contributions of the guest author. The quantity and the manner in which the advertisement is placed in the guest contributions does not require the approval by the guest author. The guest author is not entitled to any related advertising revenue.
2.6 The guest author agrees that his guest contributions are published with the guest author’s name and profile picture. This can be objected at any time without giving reasons.
2.8 The guest author assures that he has not published the content of his guest contribution in any other way, neither partially nor completely. This includes translations of the content of a guest contribution.
§ 3 Copyrights
3.1 The guest author assures that he has all rights of use and exploitation of the contents for his guest contributions, in particular for texts and images as well as videos and sound material.
3.2 Solely the guest author owns the intellectual property of the guest author’s contributions on the blog. A duplication or use of the guest author‘s contributions by the operator for a purpose other than that mentioned in § 4 is not permitted without the express consent by the guest author.
§ 4 Transfer of Rights
4.1 The guest author transfers to the operator those rights to his guest contribution which allow the operator to save the guest contribution, to have it indexed for search engines, to provide it to readers, to link to it, to distribute it partially or completely via social media, to cite it or to promote it.
4.2 The transferred rights to the guest contribution are indefinite in time, unless the guest author or the operator terminates his guest author account. The termination of the guest author account does not constitute a reversal of all rights conferred on the guest contribution up to the time of the guest author‘s account termination.
4.3 The guest author agrees that his guest contributions on the blog can be commented on or can be reviewed by readers.
§ 5 Data Privacy
5.2 The operator makes backups of the guest contributions at regular intervals. If there is an unintentional deletion of a guest contribution by the guest author, the operator must be informed immediately. However, there is no assurance given to a complete restoration of a guest contribution.
5.3 When the guest author account is terminated, all data of the guest author will be deleted completely, with immediate effect and irretrievably, unless there is a legal retention period. A legal retention period does not constitute a transfer of rights under § 4. By deleting the data of the guest author, further contribution to the blog is ruled out.
§ 6 Liability
6.1 The operator is not liable for the infringement on copyrights and personality rights of third parties or any other violation of third party rights by a guest author with regard to a guest contribution. The opinions of the guest author do not necessarily represent the opinions of the operator. This does not release the operator from the obligation of diligence in the editorial review and approval process of a guest contribution. If the operator becomes aware of such an infringement or violation, the operator will immediately remove the guest contribution.
6.2 The operator checks the completeness, up-to-dateness and accuracy of the guest contributions and their references to external websites to the best knowledge and belief. The operator is not liable for the completeness, up-to-dateness and accuracy of a guest contribution, neither for its references to external websites nor for any claims of third parties due to a damage as a result of incompleteness, lack of up-to-dateness or incorrectness of a guest contribution or its references to external websites.
6.3. The liability of the operator for damages based on intent or gross negligence or in case of injury to life, body and health due to intentional or negligent breaches of duty remains unaffected.
§ 7 Warranty
The operator does not warrant that the blog is technically and contentually correct at all times nor that it is always available and accessible to all web browsers or mobile devices.
§ 8 Compensation
8.1 There is no compensation. Any claim to compensation for a guest contribution is satisifed by the free registration of a guest author account, the distribution and promotion of guest contributions by the operator according to § 4, the maintenance and review of guest contributions by the operator.
8.2 The guest author is entitled to exploit his guest contributions via Verwertungsgesellschaft Wort through the receipt of royalties for a certain minimum number of clicks of his guest contribution. This requires a registration of the guest author with Verwertungsgesellschaft Wort. The operator provides an add-on to determine the minimum number of clicks of each guest contribution and assigns the score to the guest author.
§ 9 Suspension and Termination
9.1 In case of violations with respect to these GTC or applicable law or any infringement on the rights of third parties, the operator is entitled at any time to temporarily or permanently suspend the publication of a guest contribution. Furthermore, the operator is entitled to deactivate or irrevocably terminate the guest author account in the event of repeated infringements or violations without notice and without warning.
9.2 By terminating the guest author account, the possibility of contribution to the blog by the guest author will be terminated.
§ 10 Final Provisions
10.1 Any modification or addition to the GTC must be made in text form. This also applies to any modification or addition to this clause.
10.2 The operator is entitled to make changes to these GTC. Changes will be announced at least six weeks in advance to the guest author. If the guest author does not object to the changes of the GTC, the changes to the GTC then shall become effective on the date of change and shall be deemed as accepted by the guest author.
10.3 Should individual provisions of these GTC be or become ineffective, the validity of the remaining clauses of these GTC remain unaffected.
10.4 For these GTC, the law of the Federal Republic of Germany applies. Place of jurisdiction for all claims under these GTC is Berlin, Germany.
Last update: 24 June 2019
GTC for download