ZAUBAR CMS Terms of Service

ZAUBAR CMS General Terms and Conditions for the Provision of Services by ZAUBAR UG (limited liability), Nollendorfstraße 20, 10777 Berlin, email: hello@zaubar.com (hereinafter referred to as "Provider") to its users (hereinafter referred to as "User").

1. General Provisions

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1.1 These General Terms and Conditions (GTC) apply to contracts concluded between the Provider and the User, incorporating these GTC.  
1.2 By agreeing to these GTC, the User confirms that they are at least 18 years old. The use of the service by persons under the age of 18 is prohibited.  
1.3 If other contractual documents or other terms and conditions in text or written form become part of the contract alongside these GTC, the provisions of these additional documents take precedence in case of conflict.  
1.4 The User does not recognize any deviating GTC used by the Provider unless expressly agreed otherwise.

2. Subject of the Contract and Scope of Services

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2.1 As an independent entrepreneur, the Provider offers the following services to the User: With the offered service, the User can use the ZAUBAR platform to create their own location-based Augmented Reality content. In this context, a CMS for managing their digital content is provided, as well as hosting services. The platform allows content to be placed on a map, and the User can choose to make the content publicly available to other users.  
2.2 The Provider delivers the contracted services with the utmost care and diligence according to the latest standards, rules, and knowledge.  
2.3 In providing the service, the Provider is not bound by any instructions regarding the manner, place, or time of service delivery.  
2.4 It is strictly prohibited to upload content that is racist, sexist, discriminatory towards minorities or individuals, or that contains symbols of unconstitutional organizations, extremist or political content, pornographic or harmful-to-youth content, or glorifies violence. The exception is the use of such media for educational purposes in compliance with applicable laws.

3. User's Obligations

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The User is responsible for providing complete and correct information, data, and other content necessary for the fulfillment of the service.

4. Compensation

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4.1 The service is subject to a fee, agreed upon between the Provider and the User.  
4.2 Depending on the agreement, there may be compensation claims between the Provider and the User.

5. Liability / Indemnification

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5.1 The Provider's liability is excluded.  
5.2 The User declares that they are the author of the content they provide or possess the necessary usage rights. The content used by the User must not violate any third-party rights.  
5.3 The User indemnifies the Provider from any third-party claims made against the Provider due to the User's violation of these terms or applicable law.

6. Contract Duration and Termination

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6.1 The contract duration begins on 07.08.2019.  
6.2 The User may terminate the contract at any time by deleting their user account. Deleting the account also removes the content provided by the User from the platform. Account reactivation must be requested.

7. Data Protection

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The Provider agrees to comply with all data protection regulations, particularly the General Data Protection Regulation (GDPR) and the Federal Data Protection Act.

8. Final Provisions

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8.1 The law of the Federal Republic of Germany applies, excluding CISG.  
8.2 If any provision of these GTC is or becomes invalid, the validity of the remaining GTC remains unaffected.  
8.3 The User will assist the Provider in fulfilling its contractual obligations as needed by providing necessary information and data.  
8.4 The Provider reserves the right to amend these GTC for legitimate reasons (e.g., changes in law, market conditions, business strategy) with appropriate notice. Notification of the intended amendment will include information about the deadline and consequences of objection or lack thereof.

9. Information on Online Dispute Resolution / Consumer Mediation

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The EU Commission provides a platform for online dispute resolution at the following link: https://ec.europa.eu/consumers/odr  
This platform serves as a point of contact for the out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer. The Provider is neither willing nor obligated to participate in a consumer dispute resolution procedure under the VSBG.