Terms of use/legal information

CUPSTORYS GmbH thanks you for visiting this website

on this website and your interest in our products. Please read these terms of use carefully before using our website. By using our website, you agree to these terms of use.

Table of contents

Table of contents. ............................................................................................................................2

Operator of the website, scope of application of the terms of use................................ 2
Services, setting, availability......................................................................................... 3
Authorised use of the CUPSTORYS website, consequences of unauthorised use.....................3
Registration, password, blocking, deletion............................................................................. 4
Data protection..................................................................................................................................... 5
Rights of use to information, image material, software, databases............................. 5
Intellectual property, personal and industrial property rights, exemption, criminal law.... 6
Liability for material defects and defects of title, hyperlinks...................................................................... 7
Other liability, viruses.................................................................................................................. 8
Collateral agreements, place of jurisdiction, applicable law.................................................................. 8

1.  Operator of the website, scope of application of the terms of use
   The CUPSTORYS website is operated by CUPSTORYS GmbH, Breiter Weg 40, 51702 Bergneustadt (hereinafter referred to as ‘CUPSTORYS’). Use of this website offered by CUPSTORYS is permitted solely on the basis of these terms and conditions. These General Terms of Use may be supplemented, modified or replaced by other terms and conditions, e.g. general terms and conditions for the purchase of products and/or services. By logging in or, if a separate log-in is not required, by commencing use, the validity of these Terms of Use in their respective version is accepted. These terms of use also apply if you use the CUPSTORYS website or parts of it from other websites that allow access to the CUPSTORYS website in full or in part.
   Section 312i para. 1 sentence 1 no. 1 - 3 BGB only applies insofar as the respective customer of CUPSTORYS is a consumer within the meaning of Section 13 BGB.
   • If the user* uses the website as or for a company, i.e. in the exercise of a commercial or independent professional activity, or for a public body, § 312i para. 1 sentence 1 no. 1 - 3 BGB does not apply. The term ‘user’ includes not only the visitor to the CUPSTORYS website but also the visitor to the CUPSTORYS website in his capacity as a customer of CUPSTORYS.
     In the case of CUPSTORYS web offers that are aimed at companies or public bodies, the respective company or body is represented by the user and must allow its actions and knowledge to be attributed to it.
2. Services, setting, availability
   CUPSTORYS makes certain information and motif templates available on the CUPSTORYS website for viewing or downloading. This does not constitute a granting of rights over and above any separate rights of use agreement that may have been concluded. This website does not grant a licence to use the intellectual property of CUPSTORYS or third parties.
   CUPSTORYS is authorised to discontinue the operation of the CUPSTORYS website in whole or in part at any time. Due to the nature of the Internet and computer systems, CUPSTORYS cannot guarantee the uninterrupted availability of the CUPSTORYS website.
   CUPSTORYS reserves the right to make improvements or changes to the information, services, products and other content of the CUPSTORYS website at any time and without notice.
3.  Authorised use of the CUPSTORYS website, consequences of unauthorised use
   All online services (including the web shop) of the CUPSTORYS website are provided solely for the purpose of enabling the user to check the characteristics and availability of CUPSTORYS products or services, to place lawful orders, to use the CUPSTORYS web shop or to conduct other business with CUPSTORYS. The user may only use the CUPSTORYS website in accordance with these Terms of Use and for the legally permissible purposes described above.
   In particular, by using the CUPSTORYS website, the user agrees to the following:
   The user may not use the CUPSTORYS website in any way that is likely to infringe the intellectual property rights of third parties. In particular, the user may not enter, save or send hyperlinks or content for which he is not authorised, especially if these hyperlinks or content violate confidentiality obligations or are illegal.
   • • The user may not use the CUPSTORYS website in any way that is likely to infringe the intellectual property rights of third parties. In particular, the user may not enter, save or send hyperlinks or content for which he is not authorised, especially if these hyperlinks or content violate confidentiality obligations or are illegal.
       The user may not use any devices, mechanisms, software or other scripts that may interfere with the functioning of the CUPSTORYS website. This also includes the uploading of files infected with viruses, so-called Trojan horses or other programming that can damage software.
       The user is prohibited from blocking, overwriting or editing content generated by CUPSTORYS or interfering with the CUPSTORYS website in any other way.
       The user may not obtain or attempt to obtain access to any of CUPSTORYS' networks without the consent of CUPSTORYS.
       The user may not make unauthorised, fraudulent or otherwise false bookings, in particular bookings paid for with credit cards or using the account of a third party who has not consented to this.
       The user is prohibited from taking any action that could result in an unreasonable or excessive load on the CUPSTORYS IT infrastructure.
     • The user is prohibited from reproducing data from the CUPSTORYS website for commercial purposes. This also includes the indication of prices for CUPSTORYS products and services on another website or another online server. In particular, the user may not copy, distribute, use in any other way or reproduce the information and databases stored on the CUPSTORYS website using ‘robots’, other search engine technologies or other automatic mechanisms.
       In the event of a breach of these terms of use, CUPSTORYS reserves the right to prohibit the user from accessing the CUPSTORYS website and/or not to fulfil orders. Other rights of CUPSTORYS arising from the law or in accordance with these terms of use remain unaffected.
4.   Registration, password, blocking, deletion 
   • Some pages of the CUPSTORYS website may be password-protected. For the security of business transactions, access to these password-protected pages is only possible and permitted for registered users. There is no entitlement to registration by CUPSTORYS. In particular, CUPSTORYS reserves the right to make websites that were previously freely accessible subject to registration. CUPSTORYS is entitled to revoke the access authorisation at any time by blocking the access data without having to give reasons, in particular if the user
     has provided false information for registration,
     has violated these terms of use, in particular section 3 of these terms of use, or has violated his duty of care in handling the access data,
     has violated applicable law when accessing or using the CUPSTORYS website, or
     has not used the CUPSTORYS website for an extended period of time.
   • In cases where registration is intended or possible, the user is obliged to provide truthful information when registering and to notify CUPSTORYS of any subsequent changes online on the CUPSTORYS website without delay. The user must ensure, in particular through the settings with his e-mail provider, that he receives the e-mails sent by CUPSTORYS to the e-mail address he has provided.
     After successful registration, the user receives a user name and a password from CUPSTORYS (hereinafter and also in the form changed by the user in accordance with the following sentence: ‘user data’). When accessing the area of the CUPSTORYS website requiring registration for the first time after registration, the user will change the password provided by CUPSTORYS to a password known only to the user. His user data enables the user to view and modify his data and to revoke or extend any consent given to data processing (e.g. of account details) or to exercise a right of objection.
   • The user must keep his user data secret and ensure that it does not become known to third parties. The user is liable for all activities carried out under his user data, in particular orders. After each use, the user must leave the area of the CUPSTORYS website protected by the requirement to enter user data upon access by logging out.
     If the user becomes aware that his user data is being misused by third parties, he is obliged to inform CUPSTORYS immediately, at least in text form. Upon receipt of this information by CUPSTORYS, CUPSTORYS will then temporarily block the user's access with his user data to the area protected by the requirement to enter the user data upon access and will only end the block again when the user separately requests CUPSTORYS to do so or re-registers.
   • The user has the right to request the cancellation of his/her registration for the area of the CUPSTORYS website protected by the requirement to enter user data upon access in text form at any time. This right is subject to the proviso that the processing of ongoing contractual relationships does not prevent the cancellation of the registration. CUPSTORYS will delete all user data and all other stored personal data of the user in the event of a request for deletion that does not conflict with the aforementioned reservation as soon as they are no longer required and no longer conflict with any statutory retention periods.
5.  Data protection

CUPSTORYS complies with the applicable data protection regulations when processing and using the personal data of the user of the CUPSTORYS website. The details of data processing can be viewed at www.cupstorys.com.

6. Rights of use to information, image material, software, databases 
   
   • The use of the information and image material as well as software and databases made available on the CUPSTORYS website is governed by these terms of use. Separately agreed licence conditions, for example when purchasing products and services in the CUPSTORYS webshop, take precedence over these terms of use.
     CUPSTORYS grants the user a non-exclusive, non-transferable and non-sublicensable right to use the information and image materials provided on the CUPSTORYS website, which are not attributable to the user himself, to the extent agreed or, if nothing has been agreed between CUPSTORYS and the user, to the extent of the purpose pursued by CUPSTORYS in providing and making them available.
     The information, image content or other website content may not be distributed, rented or otherwise made available by the user to third parties at any time. Further restrictions and details may result from the following provisions in section 7 below.
     Sections 69a et seq. of the German Copyright Act (UrhG) remain unaffected.
7. Intellectual property, personal and industrial property rights, exemption, criminal law
   
   • Notwithstanding the special provisions in Section 6 of these Terms of Use, information, images, graphics, brand names and other content from the CUPSTORYS website that are not exclusively legally attributable to the user - with the exception of use in accordance with the purpose of the contract (in the form of so-called event cups) - may not be changed, copied, reproduced, sold, rented, used, supplemented or otherwise utilised in any other way without the express consent of CUPSTORYS.
     CUPSTORYS does not grant the user any rights of use or other rights of any kind other than those expressly granted in these terms of use. This applies in particular to rights to the company name of CUPSTORYS and to industrial property rights, such as patents, utility models, designs or trade marks. CUPSTORYS is also under no obligation to grant the user such rights.
   • The user is solely responsible for the legality of the content and image files transmitted to CUPSTORYS. He must ensure that he holds the necessary copyrights, trademark rights and other rights for all image files transmitted to CUPSTORYS and for the use commissioned; this also applies in particular to motifs that contain personal data (including portraits) of third parties. If necessary, the user grants CUPSTORYS a right of use that is unrestricted in terms of territory and time and simply unrestricted in terms of content for the purposes of implementing the contractual relationship between CUPSTORYS and the user for the use required in accordance with the purpose of the contract (e.g. for carrying out acts of reproduction). All consequences arising from any infringement of these rights shall be borne solely by the user if the above obligation is disregarded. The user is obliged to indemnify CUPSTORYS against all justified claims asserted against third parties due to the infringement of their rights as a result of the processing, reproduction and utilisation of the transmitted information and image files in accordance with the order placed.
     The user warrants that the content of the transmitted information and image files does not violate applicable criminal law prohibitions, in particular
     does not violate the regulations on the distribution of child pornography (§§ 184 ff. StGB);
     • do not constitute propaganda material within the meaning of Section 86 of the German Criminal Code, the content of which is directed against the free democratic basic order or the idea of international understanding,
       do not use any symbols of unconstitutional organisations within the meaning of Section 86a of the Criminal Code,
       do not incite hatred against sections of the population or against a national, racial, religious or ethnic group, incite violence or arbitrary measures against them or attack the human dignity of others by insulting, maliciously denigrating or defaming sections of the population or a group referred to above,
       not deny or trivialise an act of the kind described in Section 6 (1) and Section 7 (1) of the International Criminal Code committed under the rule of National Socialism in a way that is likely to disturb the public peace,
       do not depict cruel and otherwise inhuman acts of violence against human beings in a manner that glorifies or trivialises such acts of violence or depicts the cruelty or inhumanity of the act in a manner that violates human dignity; this also applies to virtual depictions,
     • do not serve as an instruction to commit an unlawful act referred to in Section 126(1) of the German Criminal Code,
       do not glorify war,
       do not violate human dignity, in particular by depicting people who are dying or who are or have been exposed to severe physical or mental suffering, whereby an actual event is depicted without there being a legitimate interest in precisely this form of depiction or reporting; consent is irrelevant,
       do not depict children or adolescents in unnaturally sexualised postures; this also applies to virtual depictions,
       are not pornographic and do not depict violence, the sexual abuse of children or adolescents or sexual acts between humans and animals; this also applies to virtual depictions, or
       are not included in Parts B and D of the list pursuant to Section 18 of the JuSchG or are wholly or substantially identical in content to a work included in this list
       Should CUPSTORYS become aware of any infringements of this warranty, CUPSTORYS is authorised to immediately involve the responsible law enforcement authorities.
8.   Liability for material defects and defects of title, hyperlinks 
   • Insofar as information and image content is provided by CUPSTORYS free of charge, liability for material and legal defects in the information and image content, in particular for its correctness, freedom from errors, freedom from third-party property rights and copyrights, completeness and/or usability - except in the case of intent or malice - is excluded.
     The general information on the CUPSTORYS website may contain specifications or general descriptions of technical possibilities of products, which may not always be available in individual cases (e.g. due to product changes). The desired performance characteristics of the products must therefore be agreed by the user and CUPSTORYS in each individual case when purchasing from the CUPSTORYS web shop.
   • The CUPSTORYS website may also contain hyperlinks to third-party websites. CUPSTORYS endeavours to keep this content up to date. Nevertheless, CUPSTORYS cannot rule out the possibility that the links are no longer functional in individual cases or contain illegal (copyright) content. If users notify CUPSTORYS of such anomalies, CUPSTORYS will investigate immediately. However, CUPSTORYS accepts no responsibility for the content of the linked websites, nor does CUPSTORYS adopt these websites and their content as its own, because CUPSTORYS does not control the linked information and is not responsible for the content and information provided there. Their use is at the user's own risk.
9.  Other liability, viruses 

   • The liability of CUPSTORYS for material defects and defects of title is governed by the provisions in Section 8 of these Terms of Use. Otherwise, any liability on the part of CUPSTORYS is excluded, unless liability is mandatory, e.g. under the Product Liability Act, due to intent, gross negligence, injury to life, limb or health, due to the assumption of a guarantee of quality, due to fraudulent concealment of a defect or due to the breach of material contractual obligations. Essential contractual obligations are those whose fulfillment is essential for the proper execution of the contract and on whose compliance the contractual partner regularly relies and may rely. However, compensation for damages due to the breach of essential contractual obligations is limited to the foreseeable damage typical for the contract, unless there is intent or gross negligence.
     Although CUPSTORYS always endeavors to keep the website free of viruses, CUPSTORYS does not guarantee functionality and freedom from viruses beyond § 13 para. 7 TMG. Before downloading information and files, the user must ensure that appropriate security measures and virus scanners are in place for their own protection and to prevent viruses on the website.

   • A change in the burden of proof to the detriment of the user is not associated with the above provisions in sections 9.1 and 9.2.

10. Collateral agreements, place of jurisdiction, applicable law 
11. Additional agreements must be made in text form.
    
    • If the user is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the user and CUPSTORYS is the registered office of CUPSTORYS.
      CUPSTORYS operates and is responsible for the individual pages of the website. The pages take into account the requirements of the respective country in which the responsible company has its registered office, as well as relevant European law. CUPSTORYS accepts no responsibility for the fact that information and image content on the website can also be accessed or downloaded from locations outside the country in question. If users access the website from locations outside the country in which CUPSTORYS is based, they are solely responsible for compliance with the relevant regulations under the respective national law.
      These Terms of Use are subject to the substantive law of the Federal Republic of Germany and are to be interpreted accordingly. Provisions on the choice of law which may require the application of the laws of another legal system shall not become effective as a result. The United Nations Convention on Contracts for the International Sale of Goods (CISG), the application of which is expressly excluded, does not apply to legal transactions within the scope of these Terms of Use.

* To simplify the reading flow, the generic masculine is used here; however, all genders are of course addressed equally.