§ 1 Area of applicability of General Terms & Conditions

(1) The following General Terms & Conditions (“GTC”) of aboutbooks GmbH, Gänsheidestraße 26, 70184 Stuttgart, Germany (hereinafter called "aboutbooks") govern the legal relationship between aboutbooks and the users who have access to aboutbooks on the internet portal lovelybooks.com.

(2) The services made available by aboutbooks for this purpose are described in greater detail in art. 3.

§ 2 Registration,

existence of a contract of use on the internet portal lovelybooks.com between aboutbooks and the user.

By sending a completed registration form, the user offers to enter into a contract of use for his own catalogue of books on the internet portal lovelybooks.com. The system accepts the registration. The user automatically receives confirmation of registration from the system and this is sent to the email address he has given. This confirmation is sent electronically and contains acceptance of the proposed contract and a link to be used for activating a user account with lovelybooks.com.

§ 3 Description of services

aboutbooks makes a database available to its users on the online platform lovelybooks.com with which they can create and manage virtual book collections and publish evaluations and reviews of books (the so-called “book catalogue”). Digital content is input via the user’s web browser or via mobile terminals or any other method of data input. Lovelybooks.com offers its users community functions so that they can contact one another. Details of the scope of the functions of the internet portal lovelybooks.com are found under Description of services http://www.lovelybooks.com/servicedescription.pdf .

§ 4 Free usage, user’s contractual obligations

(1) Use of the basic functions of the book catalogue by the user is granted free of charge by aboutbooks.

(2) The user undertakes to protect access to the services provided by aboutbooks from unauthorised use by a third party. Access data (password) must not be passed on. The user is liable for any unauthorised use of his access data made possible by his behaviour and the associated use of services provided by aboutbooks to the extent that he is culpable. As soon as the user discovers that his access data have been made available to third parties, he is obliged to change his password. If this is not possible, aboutbooks must be informed immediately.

(3) The user must give aboutbooks a binding email address at which he can be reached permanently. aboutbooks only accepts email addresses which can be assigned to the user. The user consents to aboutbooks using his email address for the purpose of informing him about changes to these General Terms & Conditions and notifying him of declarations of cancellation.

(4) The user’s binding email address for aboutbooks is exclusively the latest one of which aboutbooks has been notified. The user undertakes to inform aboutbooks of any new email address as part of a change in his personal membership data without delay. If the user fails to meet this obligation, he must bear the consequences himself of any disadvantages arising from this.

§ 5 Change in business terms

aboutbooks reserves the right to amend or expand these General Terms & Conditions for the future. The user will be clearly and separately informed by email sent to the email address currently registered with aboutbooks of any amendment or addition to these General Terms & Conditions. Unless the user expressly rejects such amendments and additions within one month of notification of them, they are deemed to be accepted. In the email containing the amendments to the General Terms & Conditions, the user’s attention will again be drawn expressly to the fact that any rejection of the amendment to the General Terms & Conditions has to be received by aboutbooks at the latest one month after notification of the amendment.

§ 6 Rules governing the creation of a book catalogue by the user

(1) aboutbooks will give the user the option of creating his own catalogue of books on the internet portal. The user can set up and manage his own collection of books (virtual library) on this online platform. In his book catalogue the user can evaluate books, and write reviews and comments on them. The user can also offer recommendations for books or reading matter. The user has the option of publishing a profile with information about himself.

(2) aboutbooks reserves the right to collect IP addresses from users who publish content in their relevant book catalogue in order to check the identify of users.

(3) The user undertakes to act in a responsible manner with regard to the content published by him in the book catalogue. The user undertakes not to place any books in his book catalogue, dissemination of which is a criminal offence. The user undertakes not to publish any contributions or other content in his book catalogue which:

• are criminal offences (in particular incitement, libel, threats)
• are regarded as pornographic, vulgar or obscene, a public nuisance or in other ways offensive contain non-factual and untrue representations
• are contrary to the German constitution, extremist, racist or xenophobic or originate from banned organisations infringe
• the rights of third parties (personal rights, copyright, trademarks, patents or other third party rights)
• may be regarded as commercial advertising or spam

(4) The user undertakes not to carry out any actions which adversely affect the software, hardware or functioning ability of another computer or the server used by aboutbooks for the services provided, or which could damage or destroy these, in particular not to input any contributions which contain viruses or are used to pass on or forward snowball systems, mass emails (“spam”) or chain letters or which bring the services of the portal to a standstill.

(5) The user also undertakes to use personal data for other users, in particular any email addresses published by other users, solely for communication associated with lovelybooks.com and not to send other users any unsolicited emails with spam or emails with advertising content, unless the user has given his express consent. The user undertakes not to include the email address of another user either in email distribution lists or in another address list unless the user has given his express consent.

(6) aboutbooks reserves the right to delete content in the user’s book catalogue if there is ample suspicion of an infringement of para. (3) or para. (4) of these clauses, in particular on the basis of a caution issued about the putative infringement, unless this is obviously without foundation or on the basis of investigations by official national bodies. Deletion will, as far as possible, be restricted to the content assumed to be against the law. The user will be informed immediately of such a deletion and the reasons for it. The deletion will be withdrawn as soon as the suspected infringement is refuted.

(7) The regulations arising from paragraphs (3), (4) and (5) of this clause also apply to news and materials published, sent or received by the user’s book catalogue.

§ 7 Rights to the content published by the user, allocation of right to use, user’s liability for content

(1) The user provides the assurance that he holds the rights to any materials, text, pictures etc. placed by him in the book catalogue.

(2) The user grants aboutbooks free right of use, unlimited in time, to the content published by him in the book catalogue, in particular to the evaluations, reviews and comments. The right of use covers in particular the right to make the contents publicly accessible online on the internet, to print these in print media and to publish these.

(3) The user is liable for the content published by him in the book catalogue and indemnifies aboutbooks against all third party claims to the extent that these are pursued against aboutbooks due to infringement of rights or other claims arising from publication of the content. The user is obliged to indemnify aboutbooks against any loss or damage which aboutbooks incurs due to such claims pursued by third parties, including the costs of reasonable legal defence. This ruling does not apply to the book information which is automatically accepted by the system when the book is added to the user’s book catalogue.

§ 8 Inclusion of advertising

(1) aboutbooks has the right itself to insert advertising banners or other forms of advertising on the web pages of the online platform lovelybooks.com or to arrange for an external service provider to do so. The user declares his agreement to the fact that advertising material will appear on the pages on which he publishes his book catalogue.

(2) Advertising banners or other forms of advertising inserted by aboutbooks may not be masked or concealed by technical measures or replaced by other content, in particular the user’s own advertising content.

(3) The user or a third party instructed by the user is not permitted to include advertising banners or other forms of advertising in the user’s book catalogue.

§ 9 Limitations on liability (disclaimer)

(1) Downloading or otherwise obtaining content in connection with the services provided is carried out by the user at his own risk. He is solely responsible for damage to his computer system or other technical equipment used or for the loss of data or other damage due to downloading content or other transactions associated with the use of aboutbooks’ services. This disclaimer does not apply if aboutbooks has acted with wilful intent or gross negligence.

(2) The user is obliged to provide the necessary technical conditions for use of the services provided by aboutbooks at his own expense, in particular the necessary hardware and software (eg internet browser) and access and transfer services. aboutbooks does not guarantee the compatibility of its services with the user’s individual hardware and software system.

(3) aboutbooks will secure the data input and content published by the user against loss in accordance with the latest technical standards (in particular by using backups). Even if data is secured in the best possible way, irretrievable loss due to technical problems cannot be excluded.

(4) Even if the user does not publish any personal data in his profile, this data could become accessible to the public as a result of operating errors by the user or by illegal access by third parties or by faults in the computer software which according to the latest technical standards cannot be completely excluded. Any liability on the part of aboutbooks for unintentional publication of confidential content is excluded, unless aboutbooks, or its vicarious agents, is at fault due to wilful intent or grossly negligent behaviour.

(5) aboutbooks is only liable for compensation in the following circumstances:

• For claims arising from injury to life, body or health which are based on the wilful or grossly negligent violation of its duties by aboutbooks, its lawful representatives or vicarious agents
• For other claims which are based on the wilful or grossly negligent violation of its duties by aboutbooks, its lawful representatives, senior managers or vicarious agents
• For claims which are based on the wilful or grossly negligent violation of a substantial contractual duty (cardinal duty) owed by aboutbooks or the lawful representatives, senior managers or vicarious agents of aboutbooks
• For claims falling with the scope of protection of a guarantee (assurance) provided by aboutbooks

Unless agreed to the contrary in these General Terms & Conditions, all claims by the user to compensation for loss or damage of any type are excluded.

In the case of negligent violation of a substantial duty, liability is limited, depending on the amount, to the loss or damage typically to be expected. Claims arising from injury to life, body or health are excluded from this.

§ 10 Data protection, access to and passing on information, use of information

aboutbooks is aware of the sensitivity of personal data and takes care to guard privacy in collecting and processing the user’s personal data. Personal data are collected, processed and used in accordance with statutory regulations. Details are provided in the Data protection declaration (the user’s consent to handling personal data http://www.lovelybooks.com/privacypolicy.pdf ) and the General Notes on handling data (http://www.lovelybooks.com/privacygeneral.pdf .

§ 11 Period of contract

(1) The contract of use is entered into for an indeterminate period. The user may terminate the contract of use via the book catalogue by cancelling this at any time. aboutbooks may terminate the contract of use with one month’s contractual notice of termination.

(2) The right to terminate the contract for a compelling reason without notice is not in any way restricted by the ruling in paragraph (1). aboutbooks has the right to terminate the contract without notice in particular if the user infringes the duties set out in § 6 paragraphs 3, 4 or 5 or in § 7 paragraph 1.

(3) The contract must in each case be terminated in writing by email. A declaration of termination by the user must be sent to aboutbooks at the following email address:webmaster@lovelybooks.de.

§ 12 Saving clause, agreement on court of jurisdiction, concluding clause

(1) Should one or several clauses of these General Terms & Conditions be or become inoperable in whole or in part, or if these General Terms & Conditions contain an omission or if any contractual period mentioned infringes the legally permitted period, this shall not affect the operability of the remaining General Terms & Conditions.

(2) The exclusive court with jurisdiction over all disputes arising from and/or in connection with this contract is Stuttgart, provided the user is a businessman or his normal place of residence is abroad.