Terms and Conditions of RankSider GmbH
By registering on RankSider at https://www.RankSider.de (subsequently referred to as “the website” or “the site”), you confirm that you agree with the terms and conditions outlined below. Should that not be the case, you must terminate your registration.
§ 1 Validity
The terms and conditions listed here establish and outline the terms of reference under which this site may be used. The terms and conditions are also applicable to persons using the website outside of the Federal Republic of Germany. By registering with this server, the user confirms to have read, understood, and accepted the terms and conditions pertaining to this website. Arrangements made by and conditions of users that deviate from the terms and conditions require written consent of the site operator.
§ 2 Services Provided
(1) RankSider is a B2B-marketplace for selling and hiring services in the field of search engine and social-media marketing. The marketplace is intended for commercial use. Contract partners include only the contracting person(s) and the contracted person(s). RankSider reserves the right to act officially as the contracting party or as the contracted body in particular cases.
§ 3 Privacy Protection
The website operating company’s privacy protection policies are effective.
§ 4 Accountability of the Operating Company
(1) RankSider provides no guarantee that the services offered do not violate the rules and regulations of Google, Facebook, Twitter, and other servers. It is the duty and obligation of the contracting party to ensure adherence to the guidelines of these and other sites.
(2) Furthermore, RankSider provides no guarantee that the services offered are free of rights of third parties (particularly companies, brands, and names) or that they may be used by the contracting party without infringing upon the rights of third parties. It is the duty and obligation of the contracting party to look into this matter.
(3) RankSider cannot be legally prosecuted for incorrect statements and information provided during the registration of the user. RankSider assumes no responsibility for any form of misuse of information by other users or by third parties. This holds particularly true when the user personally makes this information available to other persons. Additionally, the operating company is not responsible for gain of unauthorized knowledge of users’ personal information through the use of a third party (e.g. through unauthorized access to the data base on the part of “hackers”).
(4) RankSider cannot be made responsible for significant disruptions in service. RankSider is not responsible for malfunctions for which it cannot personally account, such as violence or technological disruption of the internet.
(6) The operating party cannot take responsibility for the content of external and third-party links. Content written and published by users is considered foreign content as stipulated by § 5 of the Teleservices Act (Teledienstgesetz or TDG) as amended on 22.7.1997, and for this reason the operator cannot be held responsible for this content.
(7) RankSider reserves the right to block clients’ accounts without prior notice.
(8) RankSider reserves the right to correct inaccurate system messages. Should these subsequently be amended, the user cannot rely on or invoke previous system messages. System messages are those that are automatically created and sent without human intervention.
(9) RankSider reserves the right to reject entries in the data bank and to delete entries without prior notice or granting of reasons. In particular, RankSider will erase an entry that infringes upon applicable law of the Federal Republic of Germany, upon good manners, or upon the user’s own obligations. Erasures also occur when RankSider credibly believes that a client’s entry or offer could possibly injure the rights of a third party (particularly company, name, and brand rights).
(10) The content of the offers published by users on RankSider will not be checked for correctness and completeness by the operator.
§ 5 User’s Rights and Obligations
(1) The user is obligated to provide complete and true personal data and all information pertaining to value-added tax requirements as stipulated by the registration form when creating a client account. A user may only create one client account. Providing the addresses of post boxes or office employees is not permitted.
(2) The user and the user alone is responsible for the content of her/his registration and for all other information provided. The user is responsible for taking measures necessary to prevent unauthorized used of her/his data, especially passwords, by third parties and is obligated to inform the operator immediately of confirmed or suspected unauthorized use of her/his account. The tendering user holds exclusive responsibility for all information provided. RankSider is not required to check the profile pages or the advertisements of users for eventual infringements of rights.
(3) The user affirms that all information provided conforms to the truth and describes her/his personality. The contract partners agree that it is in the lawful interests of the operator to verify as necessary the correctness of the data provided by the user.
(8) Entering bids for one’s own advertisements and offers is prohibited, as is the contracting of third parties to bid on one’s own advertisements and offers.
§ 7 Terminating Membership
(1) Client accounts can be terminated in writing at any time. It suffices to provide one’s notice of termination by fax or by e-mail to support@RankSider.de.
(2) The contract concerning use may be terminated by the operator without regard to the period of cancellation if the user knowingly makes false statements or provides false data.
§ 9 Changes in Terms and Conditions
(1) The operating party reserves the right to amend the terms and conditions.
(2) The user confirms that she or he is in agreement with changes made to the terms and conditions of a contract closed before said changes were made if the operator informs the user that there have been changes made to the terms and conditions and the user does not object to these within two weeks, beginning on the day of her or his being informed of said changes.
(3) Notice made of changes made to the terms and conditions must include reference to the possibility and time-frame of filing an objection as well as the significance and the consequences of failing to file an objection. This may be sent to the e-mail address provided by the user.
§ 10 Final provisions
(1) Changes made to contracts, extensions, and side-agreements require written agreement from both parties in order to be valid unless otherwise specified by the terms and conditions. A written form is also required for refusal of this requirement or written forms.
(2) The agreements made in the contract by the contract partners are subject to the law of the Federal Republic of Germany to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG) and the conflict of laws.
(3) Should one of the clauses of the terms and conditions prove to be invalid or partially invalid, the validity of the rest of the clauses remains unimpacted. An invalid or partially invalid clause will be replaced by a clause that comes closest to it in economic terms.
RankSider GmbH, Essen, 1.02.2011
The responsible position as defined by the Federal Data Protections Act is
President: Wahid Rahim
Contact: info [at] ranksider.com