§ 1 General Part
§ 1.1 Scope
§ 1.2 Description of services / scope of use
herosar itself is by no means a contractual partner in the contracts concluded between the members on this service platform. The fulfillment of contractual obligations from the contracts concluded between the members takes place exclusively between the respective members.
The offers and content published by members on the herosar website can also be published on the herosar websites of other countries.
§ 1.3 Usage Costs
If a contract brokered through herosar is carried out, herosar charges a commission of 2% plus Sales tax from both the client and the contractor on the payment of the contractor.
The agency commission is only charged if the commissioned activity was actually carried out.
§ 2 registration
Authorized to register are natural and legal persons who, according to the law of the country to which they belong or from which they access the services of herosar, are of the legally required age to conclude a binding contract. The registration of a legal person may only be carried out by a natural person who is authorized to represent and must be named. There is no claim to admission. With the registration, the member chooses a personal username and password according to the registration form stored on the herosar website. The member’s password is to be kept secret and may not be disclosed to third parties. The member name must not consist of an email or internet address. Furthermore, the username may not violate the rights of third parties, e.g. Trademark and name rights, violate and offensive content or offend against common decency.
If the data entered is changed after registration, the member is obliged to correct his information immediately.
The member can have his registration deleted at any time. Changes can be entered online via the corresponding link to the personal data on the herosar website. The member account is not transferable.
§ 2.2 If a member wishes to accept offers for work assignments, the member is obliged to deposit a deposit of EUR 500 in advance to herosar.
The bank details required for this are provided during registration.
If a member has accepted an order and does not carry out this order due to reasons for which he is responsible, any damage that may arise has to be compensated primarily from the deposit.
If a member terminates membership and deletes his / her registration, any remaining deposit must be paid back within one month.
§ 2.3 With the registration, the member agrees to the electronic collection of his data for internal administrative purposes.
§ 3 content
§ 3.1 General
The herosar website gives registered members the opportunity to publish their own content in the framework provided.
The contents published by the members on the herosar website are generally not checked by herosar for correctness, legality and completeness.
herosar reserves the right to limit the storage capacity of offers on the herosar website.
The contents of the herosar website are protected by copyright, patent and trademark law as well as other laws. herosar is the owner and has all rights to the content of the herosar website.
§ 3.2 License
The members of the herosar website agree to grant herosar a limited, worldwide, free of charge and royalty-free license to the content they publish.
Subject to the limited license agreed here, members retain all rights to their content. With the publication of content on the herosar website, the members grant herosar a limited license to use the respective content on the herosar website, to adapt, delete, make public and reproduce it according to the herosar presence.
§ 3.3 Limitations
In particular, members are forbidden to offer services on the herosar website or to post search ads for which the offer or demand is forbidden according to the regulations of the respective country.
In particular, the provisions of the Criminal Code, laws for the protection of young people, data protection law, national and international copyrights, trademarks, patents, labeling and naming rights as well as other commercial property rights and personal rights of third parties must be observed.
In particular, it is forbidden:
– Spread spam, chain letters or pyramid schemes
– Betting offers, lotteries and other games of chance
– Send viruses, Trojans, bots or other malicious technologies
– to copy, modify or distribute the content of other members
– incorrectly placed advertisements
The member guarantees that he is the owner of the content published on the herosar website or is entitled for other reasons to grant herosar the license specified in § 3.2 and that the publication of the content does not violate applicable laws, such as data protection laws, patent, Violates trademarks, copyrights or other rights of natural or legal persons. The member assures that he has any licenses required for his offers.
§ 3.4 Sanctions
§ 3.5 Liability for content
The member is responsible for the offers posted by him on the herosar website as well as for all activities on their member accounts. The member is responsible for the correctness, legality and completeness of your offers. If a member is not responsible for the misuse of his member account because there is no breach of duty of care, he is not liable.
§ 4 Exemption
The member undertakes to exempt herosar from all claims that other members or third parties assert due to a violation of their rights through the offers and content posted by the member or because of its other use.
§ 5 data protection
The member agrees to the electronic collection of his data. The stored data can be viewed in the user’s profile.
The information provided by the member as part of the registration pursuant to § 2 para. 1 and 2 entered personal data are used by herosar exclusively to process the contracts concluded between the members and in accordance with the provisions of applicable data protection law. Any further use for purposes of advertising, market research or to tailor the services offered on the herosar website does not take place, but requires the express consent of the member. The member has the option to revoke this consent at any time.
A member may not use the data that herosar has transmitted to him for contract processing with another member for any other purposes. In particular, it is forbidden to sell this data or to use it for advertising purposes without the consent of the member concerned.
Everything else is regulated by the data protection declaration.
§ 6 termination
As a member, you can terminate the user agreement at any time. The declaration of termination can be made in writing to the address given in the legal notice or you can send an email to herosar customer service. herosar will then delete your member account.
herosar can for its part terminate the user contract with a period of 14 days to the end of the month. The right to block your account remains unaffected.
§ 7 system availability
The right of the respective member to use the herosar website exists only within the framework of the current state of the art.
The system availability of herosar is temporarily limited if this becomes necessary due to maintenance work, capacity limits, the security or integrity of the servers, as well as unplanned downtimes.
herosar does not guarantee the uninterrupted availability of the website.
The following definitions apply:
a) Maintenance time: herosar regularly carries out weekly maintenance work; these times are set as maintenance time.
b) Unplanned downtime: The unplanned downtime is the period of time that elapses after the occurrence of the unavailability during the promised service time until the herosar website system with all components is available again for normal operation. The downtime is measured in hours or in fractions of it.
When calculating the unplanned downtimes, downtimes caused by circumstances for which herosar is not responsible are not taken into account. In particular, herosar is not responsible for any impairment of access to the contractual services that can be traced back to malfunctions and / or failures of technical systems and / or network components outside the ourdeal website, in particular line disruptions or failures at telecommunications providers.
As soon as recognizable errors occur for a member or system restrictions or failures become foreseeable, the member must inform herosar of this immediately.
§ 8 right of withdrawal
If a member concludes the user contract with herosar as a consumer and the purpose of the use cannot be attributed to his commercial or independent professional activity, he is no longer bound by his declaration (user contract with herosar) if he does so within a period of two weeks Revoke access to the declaration of consent in writing.
§ 9 Limitations of Liability
herosar assumes no responsibility for the content published by members or for its accuracy and completeness.
herosar does not check whether a member has registered with the correct data. It is up to each member to convince themselves of the correctness of the data provided by their contractual partner before the contract is processed.
The content published by the members does not reflect the opinion of herosar.
Herosar is only liable to entrepreneurs and legal entities under public law for damage in the case of willful intent and gross negligence on the part of its legal representatives or other vicarious agents in accordance with the statutory provisions. In the case of simple negligence, herosar is only liable for claims based on injury to life, limb and health or essential obligations of the contract. In the event of a breach of essential contractual obligations, liability is limited to the damage that typically occurs in such contracts.
If the member is a consumer, herosar is only liable for damage in the case of intent and gross negligence on the part of its legal representatives or other vicarious agents in accordance with the statutory provisions. In the case of simple negligence, herosar is only liable for claims based on injury to life, limb and health or essential obligations of the contract.
Furthermore, herosar is only liable for compensation for indirect damage, in particular for lost profit, if the legal representatives or other vicarious agents of herosar can be charged with intent or gross negligence.
§ 10 disclaimer for external links
Despite careful content control, herosar assumes no liability for the content of external links. The operators of the linked pages are solely responsible for their content.
§ 11 place of jurisdiction
For all disputes arising from the user agreement, if the member is a legal entity under public law or a special fund under public law, the place of jurisdiction is the Nuremberg Regional Court. The same applies if the member is a merchant and the transaction is a commercial transaction for him or the buyer does not have a general place of jurisdiction in Germany. herosar is also entitled to sue at the place of business of the merchant, the seat of the legal person or the seat of the authority.
§ 12 Applicable Law
The law of the Federal Republic of Germany applies to all contractual and pre-contractual relationships, excluding the UN sales law.
§ 13 Severability Clause
Should individual provisions of this contract be ineffective or unenforceable or become ineffective or unenforceable after the conclusion of the contract, this shall not affect the validity of the rest of the contract. The ineffective or unenforceable provision shall be replaced by an effective and enforceable provision whose effects come as close as possible to the economic objective pursued by the contracting parties with the ineffective or unenforceable provision. The above provisions apply accordingly in the event that the contract turns out to be incomplete. § 139 BGB does not apply.