Terms and Conditions

§ 1 General, scope of application

(1) These General Terms and Conditions of Use apply to all legal relationships of the Provider vis-à-vis the users of the website www.perto.com and all subpages (hereinafter also: "Website" or "PERTO.com"). The Website is operated and offered by Marko Sieber, Schlüterstr. 30, 01277 Dresden (hereinafter: "Provider"). In the context of these Terms of Use, a user is anyone who registers on the Website or who enters into a contract with the Provider for the use of the Website.

(2) Deviating regulations of the users do not apply, unless the provider has confirmed this explicitly and in writing. Individual agreements always have priority.

(3) The text of the contract is not stored by the provider after the conclusion of the contract and is therefore not accessible. The contract language is German. The user can retrieve, save and print these General Terms of Use.

(4) The business relations between the Provider and the User are subject to the laws of the Federal Republic of Germany. In the case of consumers, this choice of law shall only apply to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his habitual residence. The application of the UN Convention on Contracts for the International Sale of Goods is excluded.

(5) The place of jurisdiction is Dresden, if the user is a merchant, a legal entity under public law or a special fund under public law. The same applies if a customer does not have a general place of jurisdiction in Germany or the domicile or habitual residence are not known at the time the action is filed.

§ 2 Services of the Provider, Contents of the Internet Site, Access Restriction

(1) www.perto.com maintains an interactive platform with editorial contributions and information on all important and interesting events, concerts and events for partying, going out and going away. On the platform, organizers, photographers or others interested in nightlife can present themselves, network and inform each other. In doing so, the Provider may also refer the users of the Website to third-party content and applications (hereinafter "Third-Party Content") by means of links. Such Third Party Content is clearly marked by a corresponding reference. If and to the extent that the conclusion of a contract is offered in connection with such Third Party Content, such contract shall be concluded exclusively with the respective Provider.

(2) Insofar as event tickets are offered for sale on www.perto.com, these are not offers made by the provider but by third parties (sellers/organizers). A purchase contract is therefore always concluded between the user and the respective seller/organizer; in this respect, the provider only provides the technical platform and does not become a contractual partner of the purchase or event contracts. An order placed by the user constitutes an offer to conclude a purchase contract for the acquisition of the access authorization (event ticket) required for the respective event, so that a contract is concluded with the respective seller/organizer upon confirmation of this order. The General Terms and Conditions of the respective seller/organizer shall apply to the contracts, if any. The seller/organizer is also responsible for the fulfillment of all instruction obligations incumbent upon him as well as contractual obligations underlying the contractual relationship, such as in particular the execution of the event from the respective event contract itself. PERTO.com merely mediates the event contract and the tickets necessary for admission in the name of and on behalf of the respective event organizer.

(3) The Provider may restrict access to its own services if the security of the network operation, the maintenance of the network integrity, in particular the avoidance of serious disturbances of the network, the software or stored data require this.

§ 3 Use as a guest or "unregistered user".

Visiting the Website as a guest is also possible without registration. However, active use of all functions of the Internet Site is not possible, only viewing of information posted by other users.

§ 4 Use as a registered member

(1) Active use of the Website is only possible after prior free registration as a simple user, photographer or organizer. The user access differs in the scope of usability of the Internet site, e.g. with regard to the information offered, the search options, the advertising options and the forum use.

(2) Registration takes place by opening a user access as a simple (logged in) user, photographer or organizer, whereby each user must accept these General Terms of Use. Upon completion of the registration process, a contract for the use of the website (hereinafter: "User Contract") is concluded between the Provider and the respective User. Until the completion of the registration access, the user can correct his entries directly in the corresponding input fields using the usual keyboard and mouse functions. The provider confirms the conclusion of the user contract to the user by e-mail. With this e-mail, the user also receives these General Terms of Use. There is no claim to the conclusion of a user contract.

(3) Registration is only permitted to natural persons with unlimited legal capacity. Minors are not allowed to register with the provider. Each user may only have one access; a transfer of access is not possible.

(4) The data requested by the Provider during registration must be provided completely and correctly, e.g. first and last name, current address (no P.O. Box) and telephone number, valid e-mail address. If the data provided changes subsequently, the user is obliged to correct the information immediately.

(5) When registering, users enter a user name and choose a password. Communication between the provider and the users takes place via the specified e-mail address. Users must keep their password secret.

(6) Every user is obliged to inform the provider immediately if there are indications that his access has been misused. In principle, each user is liable for all activities carried out using his access and indemnifies the provider against any claims for damages by third parties, unless the user is not responsible for the misuse.

§ 5 Duration of the user contract

The registration as a user is unlimited. Each user can terminate his user contract at any time in writing or by e-mail. The right to extraordinary termination remains unaffected for both contracting parties. The user data will be deleted within one week after receipt of the termination. A new registration is possible at any time.

§ 6 Duties of conduct of the users, exemption in case of violations

(1) The contributions of the users on the Internet page are not examined by the provider in principle. However, if the provider becomes aware that a user's contribution violates these General Terms and Conditions or legal regulations, the illegal content will be removed immediately or access to it will be blocked.

(2) The user alone is responsible for ensuring that he/she has all rights with regard to the content he/she publishes and that no rights of third parties are violated as a result. If, for example, images are to be uploaded on which one or more persons are recognizable in addition to the user himself, the image file may only be uploaded with their consent. With the publication, the user irrevocably and free of charge grants the provider the right to use and exploit the content provided by him on the website without any restrictions in terms of space, time and content. Any other use of the content provided by the user is only permitted with the user's consent. In no case do contents represent the opinion of the provider and the provider does not adopt them as his own.

(3) Every user commits himself not to use the offer of the internet page to publish contents or to transmit messages, which or whose attitude is

- are immoral, pornographic, racist or offensive in any other way

- are unobjective or intentionally untrue,

- infringe the rights of third parties, in particular copyrights,

- violate applicable laws in any other way or constitute a criminal offense,

- contain viruses or other computer programs that may damage software or hardware or impair the use of computers,

- are surveys or chain letters or disguised advertising, or

- serve the purpose of collecting and/or using personal data from other users for business purposes in particular.

(4) Should the provider learn of a violation of the above provisions, he reserves the right to change or delete the offer. Should third parties assert claims for damages against the provider due to such a violation, the responsible user shall indemnify the provider against such claims.

§ 7 Blocking

(1) The provider can take the following measures if there are concrete indications that a user is violating legal regulations, the rights of third parties or these General Terms and Conditions, or if the provider has another justified interest, in particular to protect other users:

- Warning of users,

- Provisional, partial or final blocking.

(2) The Provider may also permanently exclude a User from active use of the Website (final blocking) if the User has provided false contact details during registration, in particular a false or invalid e-mail address, if the User causes significant damage to other Users or Providers, or if there is another important reason.

(3) As soon as a user has been temporarily or permanently blocked, he/she may no longer use the Internet site, even with other user accesses, and may not register again.

§ 8 System Integrity and Disruption of the Website

(1) Users may not use any mechanisms, software or other scripts in connection with the use of the Internet Site that could interfere with the functioning of the Internet Site, in particular those that enable the generation of automated page views or page requests.

(2) Users may not take any actions that may result in an unreasonable or excessive load on the infrastructure.

(3) Users may not block, overwrite or modify content generated by the provider or interfere with the website in any other way.

§ 9 Responsibility for content, liability

(1) The provider assumes no responsibility that the information and documentation provided on the Internet site is complete and correct and up to date. This also applies to all links contained on the Internet site. The provider is not responsible for the content of a page that is reached via such a link.

(2) Apart from the liability for material defects and defects of title, the provider is liable without limitation if the cause of damage is based on intent or gross negligence. The provider is also liable for the slightly negligent breach of essential obligations (obligations, the breach of which endangers the achievement of the purpose of the contract) as well as for the breach of cardinal obligations (obligations, the fulfillment of which enables the proper execution of the contract in the first place and on the compliance with which the user regularly relies), but only for the foreseeable damage typical for the contract. In particular, the Provider shall only be liable for the loss of data to the extent of the expenditure incurred if the User has regularly and application-adequately performed a data backup and thereby ensured that lost data can be restored with reasonable effort. The Provider shall not be liable for the slightly negligent breach of obligations other than the aforementioned.

(3) The limitations of liability in the preceding paragraph shall not apply in the event of injury to life, limb and health, for a defect following the assumption of a guarantee and for fraudulently concealed defects.

(4) If the liability of the Provider is excluded or limited, this shall also apply to the personal liability of the employees, representatives and vicarious agents.

§ 10 Free ticket raffles

(1) Insofar as organizers make free tickets for their events available for raffles, the conditions and instructions for participation that can be found separately at the respective event shall apply. The free ticket raffle is a raffle of the respective organizer.

(2) All persons who are at least 18 years of age at the time of their participation and who have registered with DDNL in accordance with § 4 of these Terms of Use are eligible to participate. Employees of the provider as well as their relatives and other third parties associated with this event are excluded from participation.

(3) Participation is not dependent on the purchase of a product.

(4) The winners will be notified by e-mail after the random drawing and will be placed on the guest list for the raffled event by the respective organizer. The names of the winners will not be published.

(5) The free tickets are not transferable to another person. The legal process is excluded. By participating in the competition, the participant accepts the conditions of participation.

§ 11 Data protection

(1) The user is aware of and agrees to the fact that the personal data required for the processing of the user relationship will be stored on data carriers. The user expressly consents to the collection, processing and use of his personal data for the purpose of implementing the usage agreement. This includes all data required for the proper execution of the contract concluded between the user and the provider, i.e. in particular name, address, contact data (telephone and fax number, e-mail address); but also the anonymous evaluation of files that have been requested, as well as the name of the file, the date and time of the request, the amount of data transferred, the access status (file transferred, file not found, etc.), a description of the type of web browser used.

(2) The provider is only entitled to collect, store, modify or use the user's personal data for the purpose of advertising with the user's separate consent. Under no circumstances is the provider entitled to transmit this data to third parties in list form or otherwise summarized form for the purpose of advertising.

(3) The stored personal data will be treated confidentially by the Provider. The collection, processing and use of personal data is in compliance with the Federal Data Protection Act (BDSG) and the Telemedia Act (TMG). The user has the right to revoke his consent at any time with effect for the future. In this case, the provider is obliged to delete the user's personal data. In the case of ongoing contractual relationships of a user, the deletion takes place after the termination of the contract.

§ 12 Amendment of these GTC

The provider reserves the right to change these GTC at any time and without giving reasons. The amended terms and conditions will be sent to users by e-mail no later than two weeks before they come into force. If a user does not object to the validity of the new GTC within six weeks after receipt of the e-mail, the amended GTC shall be deemed accepted. The provider shall separately inform the users of the significance of this period in the e-mail containing the amended terms and conditions.

§ 13 Severability clause

If a provision of this contract is invalid, the remaining provisions shall remain unaffected. The invalid provision shall be deemed to be replaced by a provision that comes as close as possible in economic terms to the meaning and purpose of the invalid provision in a legally effective manner. The same shall apply to any loopholes.