General Terms & Conditions

General Terms and Conditions for using CarVDB.com User Section and CarVDB.com Dealer Section

Welcome to Car & Vehicle DataBase, hereinafter referred to as "CarVDB.com".

These General Terms and Conditions shall become effective as per September 1st, 2013.

By clicking on the button to agree with the General Terms and Conditions of CarVDB.com, you are stating that you agree to the application of these General Terms and Conditions.

These General Terms and Conditions regulate the contractual relationship between CarVDB.com and the users (hereinafter referred to as "participants") of the two general services “CarVDB.com User Section” and “CarVDB.com Dealer Section” of CarVDB.com website and other means to present CarVDB.com’s services, such as mobile applications (CarVDB.com Mobile).

Section 1: General

1. CarVDB.com operates databases accessible via the Internet in which, legal entities and natural persons capable to enter into legal transactions without limitations (hereinafter referred to as "participants") may advertise motor vehicles for sale against payment of a fee (advertisement function), and in which said entities and persons can search for motor vehicles by means of the search function provided by CarVDB.com. These General Terms and Conditions govern the two general services “CarVDB.com User Section” and “CarVDB.com Dealer Section” offered via CarVDB.com web site and other means to present CarVDB.com’s services, such as mobile applications (CarVDB.com Mobile).

2. The CarVDB.com User Section is generally open to participants acting as private or business sellers or professional car dealers.

3. The CarVDB.com Dealer Section and is generally open to participants acting as business sellers or professional car dealers.

4. The present General Terms and Conditions apply exclusively to the relationship between CarVDB.com and the participants using the databases operated by CarVDB.com (online market for passenger cars, freight/commercial vehicles, buses, campers, motorcycles, boats and parts and accessories.). Any terms and conditions of a participant contradicting the present General Terms and Conditions or deviating from them shall not be valid.

5. CarVDB.com merely provides the technical requirements, in the form of databases, by which information (advertisements) is conveyed without in any way influencing the contents of advertisements. In particular, CarVDB.com is not itself the party offering the advertised vehicles for sale.

6. CarVDB.com is not involved in the relationship between the seller and the party interested in the purchase, or buyer, neither in the capacity of an intermediary nor as a party or representative of any party.

7. Agreements that were initiated as a consequence of an advertisement being placed on CarVDB.com shall be concluded and implemented without CarVDB.com participating.

Section 2: Scope of Services

1. Under the present Terms and Conditions, CarVDB.com is under the obligation of providing an input method for advertisements, of activating the advertisements placed via the input method, and of ensuring that the advertisements in the CarVDB.com databases can be retrieved via the Internet. Display and scope of operation may vary as the access may be, e.g. via the CarVDB.com website or mobile applications.

2. All participants can put as many ads as they wish into CarVDB.com’s databases. The use of the services provided is based on the CarVDB.com price list that applies for the use of the CarVDB.com services.

3. CarVDB.com promotes the CarVDB.com services via User Section and CarVDB.com Dealer Section and advertisements placed by the participants on its own and through third parties in particular by including the advertisements or parts thereof on other websites, in software applications, emails or print media, radio or television broadcasting campaigns. To this end CarVDB.com can also provide third parties access to the data, information and content posted on the CarVDB.com User Section and CarVDB.com Dealer Section. The participant herewith consents to having his advertisements translated for the purpose of integrating them into foreign websites, software applications or similar services.

4. The participant grants CarVDB.com the non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to use the content of the participant, which he posts on the CarVDB.com User Section and CarVDB.com Dealer Section online and offline in particular the rights of exhibition, reproduction and adaption.

The aforementioned license includes in particular:

·         The right to reproduce the content on any analog and digital media (e.g. CD, CD-ROM, DVD, memory cards, hard drives, video cassettes, etc.) and in any print media (e.g. periodicals, newspapers, specialized press, posters, flyers, brochures, newsletters)

·         The right to combine the content with other content (text, pictures, hyperlinks, trademarks, logos, etc.) and other advertising material and to use these combinations in accordance with this agreement;

·         The right to adapt the content or have the content adapted, especially to have the content reduced in size, increased in size, split up, shortened or, modified and to use these adaptations in accordance with this agreement;

·         The right to use and present the content for presentations e.g. Power Point presentations, both internal and during public events (e.g. exhibitions, seminars, training courses)

·         The right to feed the content into databases and store it there

The participant represents and warrants that he is the author and/or exclusive licensee and/or has otherwise the right and authority to grant to CarVDB.com the license rights as defined above.

5. The participants are entitled to use the CarVDB.com User Section and CarVDB.com Dealer Section and its functions only within the scope of the current state of technology.

6. CarVDB.com reserves the right to temporarily restrict the possibilities of placing and retrieving advertisements if this is required due to capacity limits, for purposes of server safety or integrity or in order to implement technical measures and if this serves to provide for a due and proper, or improved, performance of the contractual services owed (maintenance work). In so doing, CarVDB.com shall take into consideration the legitimate interests of all users, in particular by informing them prior to taking the above measures.

7. In particular technical reasons may mean that it is not possible, or possible only to a limited extent, to retrieve activated advertisements (unexpected system failures).

8. Sections 13 and 14 of the present General Terms and Conditions for using the CarVDB.com User Section and CarVDB.com Dealer Section shall remain unaffected hereby.

Section 3: Registration and User Account

1. The use of the CarVDB.com User Section or CarVDB.com Dealer Section requires a registration. The registration is free. With the registration a participant and CarVDB.com conclude a contract regarding the use of the CarVDB.com User Section or CarVDB.com Dealer Section (hereinafter referred to as “user agreement”). A participant is not entitled to the conclusion of the user agreement.

2. In cases when the participant wishes to register as business seller or professional dealer with the submission of the registration form, the participant is submitting an offer to start a contract for the use of the CarVDB.com Dealer Section in accordance with the present General Terms and Conditions. Such participants, in the sense of the present General Terms and Conditions, shall be deemed to include their principle business plus individual subsidiaries, sales outlets or other business entities. Each of those business entities is required to register separately and CarVDB.com shall invoice separately for each of the entities specified. A participant account is non-transferable and may not be used by different subsidiaries or entities. After receiving the offer, CarVDB.com shall decide at its own discretion whether to accept it or not. The offer shall be accepted by sending a confirmation by email along with sending or transferring the access data (username and password) for the CarVDB.com Dealer Section.

3. Only legal entities and natural persons capable to enter into legal transactions without limitations may register. In particular, minors are prohibited from registering.

4. If the registration is being done on behalf of a legal business entity the person registering must be authorized to conclude such agreements on behalf of the legal entity.

5. The information a participant has to provide during registration has to be provided completely and correctly. The participant is required to correctly disclose his status as a private seller, business seller or professional dealer. The registration requires a valid email address. A participant must choose a personal password which is to be kept secret and may not be disclosed to third parties.

6. As part of the registration for CarVDB.com Dealer Section and the ongoing contractual relationship, CarVDB.com is entitled to demand submission of an excerpt from the Commercial Register and/or Trade Register as well as other documentation and information which seem necessary or expedient for registering the participant or for maintaining the contractual relationship.

7. In case the information provided during registration changes at a later date, the participant is obligated to update this information in his user account promptly.

8. The participant is obligated to verify the information provided at the time of registration and after every change.

9. The participant must keep their password secret and keep their access details safe. The participant is also obliged to notify CarVDB.com immediately if there is evidence that their access details have been misused by some third party.

10. CarVDB.com will not give a participant's password to any third party and will never ask the participant for the password by email or telephone.

11. The participant is strictly liable for all activities carried out using their access details. If the participant is not responsible for the misuse of their access details because they have not contravened the existing obligations to be careful, they shall not be liable.

12. Every participant may only register once either on the CarVDB.com User Section or CarVDB.com Dealer Section. The simultaneous registration of more than one user account is prohibited. A circumvention of this regulation is not allowed. A user account is not transferable.

13. CarVDB.com reserves the right to delete user accounts which have been inactive for a period of 12 months.

Section 4: Insertion and extension of advertisements within the CarVDB.com User Section

1. A participant classified as private or business seller can only run simultaneously a maximum of three different Free ads within the CarVDB.com User Section. A violation, especially through the use of multiple user accounts, entitles CarVDB.com to delete the ads and to exceptionally terminate the license agreement.

2. A participant classified as private or business seller can run simultaneously any number of Standard or Premium ads within the CarVDB.com User Section and for one account only.

3. Advertisements can be inserted and extended for a certain time span. An advertisement can be relisted indefinitely. Ended advertisements can be found via the CarVDB.com user account functionalities for a period of 30 days after expiration.

4. The advertisement period shall commence at the hour and minute on the day of the ad creation or extension, and shall end upon expiry of the last day of the advertisement period at the same hour and minute as the time of ad creation or extension.

5. The General Terms and Conditions for using the CarVDB.com User Section and the CarVDB.com Price List are applicable in each case at the time the advertisement is placed or extended. The price of an advertisement is presented to a participant prior to its insertion or extension.

6. Permitted modifications to an advertisement are free of charge and can be performed with the buttons “Edit” or “Edit Photos” allocated to the advertisement in the participant account upon login, using the menu item "Manage Ads”.

7. An advertisement may be deleted or deactivated by the participant at any time. Should an advertisement be deleted or deactivated by the participant, no reimbursement of an advertisement price already paid shall be made.

8. The participant of CarVDB.com User Section can purchase additional advertisement services, according to the present General Terms and Conditions, called Boost Options Service against an additional fee paid to CarVDB.com. The Boost Options Service is available for every Standard and Premium Ad. The Boost Options Service is not available for Free ads. The participant can select different duration for the Boost Option Service for each Standard and Premium ad. The duration can start from 1 day and can last up to 120 days. After expiration of the Boost Option Service the participant can select the same Boost Option Service again or select another one. The participant cannot change or stop the Boost Option Service while it is active.

Section 5: Due Date of the Advertisement Remuneration and Payment for CarVDB.com User Section

1. Payment for an advertisement can be done by via PayPal using PayPal account or credit / debit card. The remuneration for the inclusion of advertisements in the databases shall be due in advance for CarVDB.com User Section, that is, before the advertisement is included in the database. In this context, it shall suffice to grant, in due time, debit rights by providing PayPal account or credit / debit card details.

2. Should the collection of payment fail, the participant is to reimburse CarVDB.com for the additional costs incurred, unless it is not responsible for such failure or it is able to provide evidence that no damage or a significantly lower damage has occurred.

3. Payment for CarVDB.com Boost Options Service shall be done by via PayPal using PayPal account or credit / debit card. The remuneration for the additional services shall be due in advance, that is before the additional service is being delivered to the participant of CarVDB.com User Section. The level of each fee shall be based on the current valid Price List.

Section 6: Special Account Conditions, Payment Terms and Fees for CarVDB.com Dealer Section

1. The monthly participation fee for CarVDB.com Dealer Section shall be calculated and charged by CarVDB.com for the month just gone. Billing shall be only by electronic means, by issuing an invoice from within CarVDB.com website and the so called Finance Management Section. For sending an invoice on paper at the request of the participant, CarVDB.com shall charge for the work involved, for each invoice, a fixed fee in line with the current valid price list.

2. The monthly participation fee shall be calculated in line with the Scale price model as set out in the current valid price list. A price scale package consists of the insertion fee and the tier price. The level of the fee shall be based on the monthly average number of ads placed per day in the database. In order to determine the monthly average, CarVDB.com will record the inventory of active ads for each participant each day and save the number of ads thus determined. On the first day of the following month, the total number of active ads recorded daily will be calculated and divided by the number of days in the relevant calendar month. The amount to pay is depending on which price scale corresponds to the calculated average number of ads.

3. Additional fees apply for any additional services, ex. CarVDB.com Boost Options that have been selected by the participant. The calculation of the amount to pay for the Boost Options Service is done by recording the number of days each Boost Option has been active during the past month and then multiplying this number by the individual price for each Boost Option. The level of each fee for the different Boost Options shall be based on the current valid Price List.

4. Upon the end of each calendar month the participant will be issued an invoice, which will be available in the Manage Finances section of the participant profile on CarVDB.com. The total sum shown in the invoice shall be due for payment within 30 days after receipt of the invoice. If the participant does not complete a payment for more than 30 days after invoice receipt, CarVDB.com shall temporary suspend the participant’s access to CarVDB.com Dealer Section until the invoice amount has been paid in full by the participant. CarVDB.com shall also suspend all participant’s active advertisements for the period after the initial 30 days payment terms until actual payment for the invoice is complete.

5. In case an advertisement is deleted according to Sec. 7 of this agreement due to a circumstance that the participant is responsible for, a reimbursement of the insertion fee does not take place, unless the participant can provide evidence that damage or a significantly high damage has occurred. The deleted advertisement will count into the monthly participation fee according to Sec. 6 Nr. 2.

6. The settlement of the fees that a participant is to pay is generally done via PayPal. A different settlement method requires a separate agreement between CarVDB.com and the participant.

7. Within an agreed trial period, CarVDB.com shall provide its services free of charge.

Section 7: Deletion and Deactivation of Advertisements, Blocking, User Agreement Termination and other Measures within CarVDB.com User Section and CarVDB.com Dealer Section

1. CarVDB.com may take the following measures if there is sufficient indication that a participant has violated statutory provisions, the rights of third parties or the present General Terms and Conditions, or if CarVDB.com has any other legitimate interest (in particular in case of default in payment):

·         Delete ads or other contents placed with CarVDB.com

·         Temporary deactivate ads or other contents placed with CarVDB.com

·         Issue warnings to participants

·         Limit or restrict the use of the CarVDB.com User Section or CarVDB.com Dealer Section

·         Impose temporary blocks on participants

·         Impose definitive blocks on participants

2. In selecting the measure, CarVDB.com shall take into consideration the legitimate interests of the affected participant, in particular whether there are indications that the participant is not responsible for the contravention.

3. CarVDB.com may delete ads if, in terms of their content or layout, the ads contravene the present General Terms and Conditions (in particular the provisions set out under Section 9) or statutory provisions, or if they contravene the rights of third parties. Should CarVDB.com have deleted an advertisement, the participant shall nonetheless be under obligation to pay the price for the advertisement.

4. CarVDB.com may temporary deactivate ads if, in terms of their content or layout, the ads contravene the present General Terms and Conditions (in particular the provisions set out under Section 9) or statutory provisions, or if they contravene the rights of third parties. Should CarVDB.com have deactivated an advertisement, the participant will be notified by CarVDB.com of the reason for the deactivation. The participant has the right to correct the content of the advertisement in compliance to the present General Terms and Conditions and submit it again on the CarVDB.com website. Should CarVDB.com have deactivated an advertisement, the participant shall nonetheless be under obligation to pay the price for the advertisement for the time it has been publicly retrievable via CarVDB.com website.

5. CarVDB.com may temporarily block a participant from using the CarVDB.com User Section or CarVDB.com Dealer Section. Such a block shall entail that the participant is no longer able to log into the CarVDB.com User Section or CarVDB.com Dealer Section, and that its ads on the CarVDB.com User Section or CarVDB.com Dealer Section no longer be retrieved.

6. In case of default in payment or should an authorization for payment is revoked or returned, CarVDB.com shall be entitled to withhold its services and block the vehicle ads of the participant concerned, so that the latter's ads can no longer be retrieved from the databases.

7. CarVDB.com may definitively suspend a participant from using the CarVDB.com User Section or CarVDB.com Dealer Section, if the latter has repeatedly contravened the present General Terms and Conditions, or has done so particularly seriously, or if there is any other important reason.

8. Should the contractual relationships be resumed and a participant be reinstated following termination or a definitive block by CarVDB.com due to a contravention of the General Terms and Conditions, default in payment or any other important reason, CarVDB.com shall be entitled to request a reinstatement fee in accordance with the currently valid price list for the CarVDB.com User Section or CarVDB.com Dealer Section.

9. When a participant for CarVDB.com User Section is suspended, he may no longer use the CarVDB.com User Section and may not register a new user account.

10. Participants may terminate the user agreement for CarVDB.com User Section at any time. For this purpose a participant should notify CarVDB.com about their wish for termination and request the user account to be deleted.

11. CarVDB.com may terminate the user agreement for CarVDB.com User Section at any time with a cancellation period of 14 days. The right of suspension remains unaffected.

12. The contractual relationship between CarVDB.com and the participant using CarVDB.com Dealer Section may be properly terminated by either party to the contract within a period of two weeks to the end of the month. Notice of termination is to be provided by email to: support@carvdb.com

Section 8: Price Modifications / Changes or Amendments to the General Terms and Conditions for using the CarVDB.com User Section and CarVDB.com Dealer Section

1. Price modifications for CarVDB.com User Section shall be announced by modifying the Price List retrievable via the Internet, stating the date of modification. The new advertisement price shall apply for the advertisements placed in the database and extended as per the date of amendment or modification. An advertisement which is active during the price change will expire according to the previous conditions.

2. CarVDB.com has the right to change the General Terms and Conditions for using the CarVDB.com User Section at any time without disclosing the reasons. The new General Terms and Conditions will be disclosed to the participant on the CarVDB.com General Terms and Conditions web page, stating the date of modification. It is the participant obligation to regularly check and get familiar with the latest version of the General Terms and Conditions. If a participant does not accept the new terms he can terminate his account at any time.

3. CarVDB.com shall announce any changes to its prices for CarVDB.com Dealer Section in due time such that the participant may end the contractual relationship, while observing the period of notice of two weeks prior to the end of the month, with effect from a date prior to that on which the modified prices take effect. Should the participant fail to exercise said right and continue to use the services of CarVDB.com after the date on which the changed prices take effect, the price modification shall become binding for both contractual partners. Accounts shall be rendered on the basis of the modified prices.

4. CarVDB.com reserves the right to change the General Terms and Conditions for using the CarVDB.com Dealer Section at any time and without providing reasons. The changed terms shall be sent in writing or by email at the latest two weeks before they come into effect. The modifications shall be deemed to have been accepted unless they have been objected to in writing within two weeks after their having been announced. The participant's attention will particularly be drawn to this outcome when the changes are announced.

Section 9: Requirements as to the Contents and Layout of Advertisements

1. The participant shall be under obligation of placing a vehicle only in the section provided for that type of vehicle (markets for passenger cars, motorcycles, RVs / caravans, buses, trucks / trailers, construction vehicles, farm equipment, boats or vehicle parts and accessories). Only those advertisements are permitted which serve to sell motor vehicles and motor vehicle trailers as well as self-propelled and non-self-propelled motor-driven or non motor-driven machines as well as spare parts or accessories for them.

In detail this shall refer to the following:

·         Passenger Car Section: Passenger Cars;

·         Motorcycle Section: Motorcycles, Motorcycle combinations, Sidecars, Trikes, and other motor-driven bicycles.

·         RV / Caravan Section: RVs, Campers and Trailers;

·         Bus Section: Buses and Coaches;

·         Truck / Trailer Section: Trucks, Truck Trailers, Passenger Car Trailers, Semi-trailers, Chassis, Platforms for Trucks or Trailers

·         Construction Vehicles Section: Construction Vehicles, equipment and devices

·         Farm Equipment Section: Farm and Agriculture vehicles and equipment;

·         Boat Section: Boats and Yachts;

·         Parts and Accessories Section: All vehicle related spare parts, and accessories;

The following advertisements in particular shall not be permitted that serve to advertise:

·         The conclusion of a leasing, rental or hire-purchase contract or any other form of financing or cession of right to use;

·         The assumption of sale agreements for motor vehicles or financial leasing agreements as to motor vehicles;

·         The purchase of motor vehicles or other objects of any kind;

·         The sale or promotion of software;

·         The promotion of services.

2. The participants are under the obligation of providing complete and correct information with regard to the vehicle (especially concerning the registration date and mileage), the legal relationships concerning the vehicle as well as with regard to the remaining content of the advertisement. Vehicles equipped with a substituted engine must be identified as such. In this case the actual mileage of the vehicle must be disclosed. Incorrect information provided by mistake (such as, for example, typing errors, placement in incorrect categories) are to be corrected without undue delay upon being discovered using the menu item "Manage Ads".

3. When placing the ad, the participant must disclose the vehicle’s condition, especially if the vehicle is significantly damaged and these damages have not been repaired. The participant shall do this by flagging the vehicle by selecting the appropriate options when placing the ad. Significant damage that has not been repaired refers to damage to the engine and transmission, and damage caused by road traffic accidents, fire, hail or water which is impossible to repair or can only be repaired by spending a substantial amount of money. This especially encompasses vehicles meant to be exploited. Minor damage is excluded from this and should be specified in text in the field “Description”. The obligation to disclose known and repaired previous significant damage shall remain unaffected hereby. Such listed vehicles may only be found if the respective search option is selected in the search screen.

4. It is not permitted to advertise more than one vehicle per advertisement, either separately or as a package, per ad.

5. It is not permitted to concurrently advertise the same vehicle in multiple instances in any of the categories. This shall also apply if the same vehicle is to be placed in the database at the same time by different participants working together.

6. During the term of the advertisement, the participant must be able to promptly conclude a legally effective sale agreement or a legally valid purchase contract for the offered vehicle with an interested party and to hand over and transfer ownership of the vehicle at the specified date of availability (used vehicles) or, respectively, at the date of delivery (new vehicles), specified.

7. The advertisements may be illustrated with photographs. The participant undertakes to place only such photographs in the CarVDB.com databases which it is authorized to use without restrictions and which are not encumbered with third-party rights - in particular not with intellectual property rights of third parties. The photographs used may not be misleading and must reflect the actual conditions of the vehicle being offered in the advertisement. If the participant uses pictures from a catalogue, such use must be separately indicated.

8. Where CarVDB.com provides certain seals of quality, guarantee marks or other symbols of trustworthiness, a participant is obliged to take care that they are only displayed in ads for vehicles that qualify for them. Other symbols of trustworthiness may only be used if so authorized by CarVDB.com.

9. In its wording, content, visual layout and intended purposes, the ad may not violate statutory provisions or public decency. Persons engaged in business must in particular comply with the regulations of the Copyright Act and the Trademark Act.

10. The participant is obliged to provide correct and truthful prices. The offered price should include all pricing components (e.g. destination charges) and the value added tax when applicable. Ads with prices that are clearly incorrect or misleading are not permitted.

11. It is generally not permitted to include links to external websites, other services and external sources of information in an advertisement unless they are strictly required for legal reasons. Links in this sense also refer to email addresses and non-activated web addresses (URLs) and parts thereof. Exempted are links, inserted into the free text of the ad, to the participant's own, externally hosted pictures of the vehicle, PDF files and multimedia presentations, if these contain additional information about the advertised vehicle (e.g. vehicle reports, user manuals, etc.).

12. Specifying service telephone numbers, which when dialed, result in higher telephone charges for callers, is not permitted.

Section 10: Responsibility for the Contents of Advertisements

1. Solely the participant shall be responsible for the contents of the advertisements. CarVDB.com shall review the advertisements neither for correctness nor completeness. CarVDB.com will not enter into any warranty for the correctness and completeness of advertisements.

2. CarVDB.com excludes any and all warranty and liability for the compliance of advertisements with statutory provisions.

3. CarVDB.com in particular excludes any and all warranty and liability arising from the fact that sale agreements initiated or concluded on the basis of CarVDB.com advertisements are unenforceable according to the local or federal laws of an affected state, or in any other way result in legal or economic disadvantages for one or both parties to the sale agreement.

Section 11: Indemnification

The participant shall release CarVDB.com from any and all claims asserted by third parties against CarVDB.com because their rights are being violated by the participant's advertisement or by any other use of the CarVDB.com User Section or CarVDB.com Dealer Section by the participant. In so doing, the participant shall also assume the necessary costs incurred by defending the rights of CarVDB.com, including any and all legal and court fees. This shall not apply if and to the extent the participant is not responsible for the violation of rights.

Section 12: Database Updates, Deletion of Advertisements

1. In order to make the vehicle search as interesting and successful as possible, CarVDB.com takes all efforts to update its databases. This is why vehicle advertisements are to be deleted by participants as soon as the vehicle on offer has been sold or is no longer available for other reasons.

2. Every participant is obliged to keep the vehicles advertised on CarVDB.com updated and to regularly administer its ads in the CarVDB.com Dealer Section within a period of 4 weeks. Should a participant fail to perform such administration within said period of time, CarVDB.com reserves the right to deactivate the participant's ads due to lack of updating, so that the ads can no longer be retrieved from the database and can no longer be viewed using the search functionality provided by CarVDB.com. The ads shall be manually reactivated when the participant administers them by selecting the “Activate” button.

Section 13: Manipulation of Vehicle Search and Disruption of System Integrity

1. Participants may search for vehicles in the CarVDB.com databases exclusively by means of the search methods offered by CarVDB.com. It is not permissible to search for vehicles bypassing the search methods, in particular by using search ware accessing the databases of CarVDB.com. Non-compliance will be prosecuted, among other aspects, under civil law under the aspect of interference with the operations of en established legal entity and will have consequences under criminal law under the aspect of illegal interference with affiliated industrial property rights.

2. Activities targeted at rendering the CarVDB.com User Section or CarVDB.com Dealer Section dysfunctional or complicating its use are prohibited. The participant may not take any measures that may result in a strain on the CarVDB.com infrastructure that is excessive or that users cannot reasonably be expected to tolerate. Participants shall not be permitted to block, rewrite or modify contents generated by CarVDB.com, or in any other way to create a disturbance by interfering with the CarVDB.com User Section or CarVDB.com Dealer Section.

3. It is not permitted to falsify or manipulate the results of the vehicle search functionality of the CarVDB.com User Section or CarVDB.com Dealer Section by entering incorrect or misleading information, by inserting a vehicle in the wrong category, by using technical means or any other misuse of the functionalities of the CarVDB.com User Section or CarVDB.com Dealer Section.

Section 14: Warranty

1. If the participant is entitled to statutory warranty claims, CarVDB.com shall initially have the right to subsequent fulfillment of contractual obligations. This shall be effected by extending the advertisement period for the advertisement placed [in the database] by the respective participant..

2. In cases of force majeure, CarVDB.com shall be released from its obligation to perform. All unforeseeable events shall be deemed to be force majeure, as well as such events for the effects of which on the performance of the agreement neither of the parties is responsible. Such events shall include in particular legitimate measures of collective action, also in third-party companies, official measures taken by authorities, the failure of communication networks and gateways of other providers, disturbances in the area of network operators, and other malfunctions, also in case such circumstances occur in the area of subcontractors, sub-suppliers, their own subcontractors, or operators of sub nodal data processors. No claims shall result for participants for any failures for which CarVDB.com is not responsible.

Section 15: Limitation of Liability

1. Except if essential contractual obligations are violated, CarVDB.com shall be liable for damages in relation to companies only if and to the extent CarVDB.com, its legal representatives, senior executives or other persons employed by CarVDB.com in the performance of its obligations are culpable of having acted intentionally or with gross negligence. Should essential contractual obligations be violated, CarVDB.com shall be liable for any culpable conduct of its legal representatives, senior executives or other persons employed by CarVDB.com in the performance of its obligations.

2. In relation to consumers, CarVDB.com shall be held liable only for intentional and grossly negligent conduct. In case of essential contractual obligations being violated, of a debtor defaulting or of CarVDB.com being responsible for failing to perform contractual obligations, however, CarVDB.com shall be liable for any culpable conduct of its legal representatives, senior executives or other persons employed by CarVDB.com in the performance of its obligations.

3. With the exception of intentional or grossly negligent conduct of legal representatives, senior executives or other persons employed by CarVDB.com in the performance of its obligations, the liability of CarVDB.com shall be limited in its amount to damages typically foreseeable at the time the agreement is concluded.

4. A liability for the compensation of indirect damage, in particular for lost profits, shall only be given in case of intentional or grossly negligent conduct of legal representatives, senior executives or other persons employed by CarVDB.com in the performance of its obligations.

5. The above referenced exclusions and limitations of liability in relation to entrepreneurs or consumers shall not be applicable in case of specific guarantees having been made by CarVDB.com, nor in case of damages resulting from injury to life, limb or health or the violation of mandatory statutory provisions.

Section 16: Copyright and Usage Rights

Any and all data, information, company logos, texts, programs and images of advertisements placed on the CarVDB.com User Section and CarVDB.com Dealer Section shall be subject to copyright laws. The modification, further processing and usage by third parties in media of any kind is not permitted. The participant's rights shall remain unaffected hereby. It may continue to freely dispose of its own data and information.

Section 17: Exercise of rights by third party, transfer of contract

CarVDB.com has the right to fully or partially transfer the contract to a third party with a notification period of four weeks. In this case a participant may terminate the contract. For this purpose a participant can delete his user account at any time.

Section 18: Place of Performance, Applicability of Law, Jurisdiction

1. To the extent that the participant is an entrepreneur, the agreement to use the CarVDB.com User Section and CarVDB.com Dealer Section and databases of CarVDB.com, including these General Terms and Conditions and shall, in its application and interpretation, be subject exclusively to the laws of the United States of America. The application of the United Nations Convention on Contracts for the International Sale of Goods of April 11th, 1998 shall be excluded.

2. To the extent the participant is a consumer, the agreement to use the CarVDB.com User Section and CarVDB.com Dealer Section and databases of CarVDB.com, including these General Terms and Conditions shall be subject to the laws of the United States of America, unless there are mandatory statutory provisions, in particular consumer protection provisions, to the contrary.

3. Should the participant be a merchant, CarVDB.com has the right to decide which state shall be the exclusive place of jurisdiction for any and all disputes arising from or due to the use of the databases of CarVDB.com. The same shall apply if the participant has transferred its residence abroad following the conclusion of the agreement, or does not have any general place of jurisdiction in United States of America.

4. For consumers the place of jurisdiction shall be their place of residence and for any and all disputes arising from or due to the user agreement and these General Terms and Conditions shall be selected by CarVDB.com.

Section 19: Severability Clause

The ineffectiveness of individual provisions of the present General Terms and Conditions for using CarVDB.com User Section and CarVDB.com Dealer Section shall not affect the validity of the remaining provisions. Such ineffective provisions shall be replaced primarily by legally effective provisions which come as close as possible in economic terms to said ineffective provisions. The same shall apply for any omissions in the provisions set out in these General Terms and Conditions.