General Terms of Use of the VisitWell Service

Article 1.

These General Terms and Conditions of Use of the service “VisitWell” (hereinafter: General Terms and Conditions) regulate the relations between the user of the service “VisitWell” (hereinafter: provider of various services) from the Germany, Rötelbachstraße 91 as the rights holder of the service “VisitWell” (hereinafter: rights holder).

By entering into a contract for the provision of the VisitWell service with the Rights Holder, the Provider of Various Services accepts these General Terms and Conditions. The “VisitWell” service may only be used in accordance with the contract for the provision of the “VisitWell” service and these General Terms and Conditions.

Article 2.

Definitions

Service description

Article 3.

The VisitWell service includes:

1. VisitWell webapp for a fee;

2. Management interface through which the provider of various services can manage the content of the target page, links to review platforms (ratings) or Social Media platforms, other users of the “VisitWell” service and advertising space, customize the appearance of the target page and view statistics by use of the “VisitWell” platform; and

3. A target page with a profile of the entity whose service may be modified from time to time by the
Rights Holder in order to improve the service.

Article 4.

To use the service “VisitWell” you need Internet access, which must be provided by various service providers and review providers. The reviewer evaluates the performance of the provider of various services according to the free impression. The rights holder is in no way involved in other aspects of service provision by the provider of various services, such as preparation, payment for services, etc.

The use of the “VisitWell” service by the respective service providers is at their own risk.

The Rights Holder reserves the right to change and/or amend the functionality of the “VisitWell” service by changing these Terms and Conditions.

How long can you use VisitWell

Article 5.

A provider of various services who enters into a contract with the rights holder for the provision of the “VisitWell” service uses the service for the period of an active subscription.

Article 6.

The Rights Holder shall maintain the quality level of the VisitWell Service within the limits of technical and operational possibilities. The Service Provider acknowledges that the Rights Holder does not guarantee that the VisitWell Service will function at all times without interruption.

The Right Holder shall not be liable for any damage caused by the impossibility to use the “VisitWell” service, in particular, due to improper behavior of various service providers, force majeure and similar events, for problems accessing the administrative pages of the “VisitWell” service due to an error of the Internet service provider, a computer error of the service provider or a connection of the Internet service provider, as well as any data loss that may occur during the transmission of information on the Internet.

The Rights Holder shall not be liable for any consequences that may arise from the use of data of the “VisitWell” service by the various service provider or reviewer, in particular, for the accuracy of the rating left.

The various service providers accept that for these reasons access to the “VisitWell” service may be interrupted, temporarily unavailable or disabled.

Ability to accept services

Article 7.

The provider of various services who uses the “VisitWell” service or accesses it as a representative of a natural or legal person assumes responsibility for being legally authorized to represent such natural or legal person and for being fully competent and able to comply with these Terms and Conditions.

Intellectual property and copyright protection

Article 8.

Rights relating to the VisitWell service include, but are not limited to texts, images, formats, databases and all other (static and / or animated) materials, sounds, formats, software, names, including domain) and other content located on the website of the service “VisitWell”. All listed content is the exclusive right of the copyright holder or is used with the express consent of the copyright holder and the copyright holder in trademarks and / or design and in accordance with the regulations of the Federal Republic of Germany.

The Rights Holder reserves the right to register the name “VisitWell” and possible logos, emblems, symbols, labels or other features related to the “VisitWell” service as trademarks of the Rights Holder. The name “VisitWell” and possible logos, emblems, symbols, labels or other similar features in connection with the “VisitWell” Service are protected by all permissible legal remedies under the affirmative laws of the Federal Republic of Germany.

Unless otherwise indicated, all other trademarks appearing on the system are the intellectual property of their respective owners. The “VisitWell” service may display goods whose copyrights belong to third parties. The use of these goods may be subject to licenses granted by third parties to the rights holder. The Miscellaneous Services Provider shall not be entitled to distinguish, disassemble or dissect any such goods, and nothing in these Terms and Conditions shall be construed as granting the Miscellaneous Services Provider any rights with respect to such goods. The Copyright Holder shall be the copyright owner with respect to the selection, coordination, uploading and promotion of such Content and the rights with respect to the original Content.

Unless agreed with the copyright holder, any copying, distribution, transmission, publication, reproduction, modification, revision, transfer, linking, in-depth linking, creation of derivative works, or other modification of the VisitWell service and website is strictly prohibited.

The Various Service Providers are not permitted to use, copy or distribute any third party content obtained through the VisitWell Service for commercial purposes. The various service providers are not permitted to copy, redistribute, retransmit, publish or commercially exploit the downloaded material without the express written consent of the copyright owner and the copyright holder.

Provider is not permitted to post, publish or otherwise make available through VisitWell any material that is subject to copyright, trademark or other intellectual property rights without the express consent of the copyright owner. Any damages that may result from copyright infringement, misuse of trademarks and other intellectual property rights, or problems related to the posting of such materials shall be the sole liability of the respective service providers.

Any violation of the provisions of these Terms and Conditions that may result in infringement of copyrights, trademarks or any other form of intellectual property may result in civil, criminal and/or negligent liability of the offender.

Licenses and trademarks

Article 9.

All trademarks, logos, website addresses, products or names describing the “VisitWell” service, support or the like that contain the word “VisitWell” and are included in the content of the Website (collectively: VisitWell Marks) , are trademarks and/or property of the rights holder.

Any list of trademarks or other trademarks of trademarks on the VisitWell Website will be updated from time to time, but shall not be deemed to be a comprehensive list of trademarks or other trademarks of rights holders.

Any use of VisitWell trademarks or modifications is strictly prohibited (unless expressly authorized in writing by the rights holder).

Other product and company names mentioned in the “VisitWell” service may be trademarks of their respective owners.

By using or accessing the VisitWell service, the provider of various services does not acquire, expressly or impliedly, any license or right to use any trademarks, patents, designs, copyrights or other rights belonging to the rights holder and / or third parties. Providers of various services bear their own responsibility for compliance with copyright and other intellectual property rights with respect to such content.

Removal right

Article 10.

The Rights Holder reserves the right to remove any material that it, in its sole discretion, deems inconsistent with the VisitWell Service Agreement and Terms and Conditions or that it otherwise deems inappropriate.

Disclaimer and limitation of obligations

Article 11.

By accepting the Terms and Conditions, Provider acknowledges and agrees to use the VisitWell Service at its own risk and that the Service and related website are provided “as is” and “subject to availability” without warranty of any kind. .

To the fullest extent permitted by law, the Rights Holder, its employees, directors and agents disclaim all warranties with respect to the provision of the VisitWell Service and its use by various service providers, including, but not limited to, trade standard warranties, warranties of a specific purpose and warranties for the protection of proprietary rights.

The Rightholder makes no warranties or representations as to the accuracy or completeness of the Content of the VisitWell Service and the related website or the Content of any third party websites linked to the Service, and assumes no responsibility or liability for (i) any errors , misunderstandings or inaccuracies in the Content, (ii) personal injury or property damage of any kind arising out of access to and use of the Website and the Service, (iii) unauthorized access to the servers and personal data of the Rights Holder and / or financial data stored therein, (iv) any interruption or cessation of communication with the Service and the Service Website, (v) any errors, viruses, Trojan horses and similar phenomena that third parties may transmit to or through the Service and the Service Website, and / or (vi) errors or omissions in any Content or any loss or damage resulting from the publication, its sending by e-mail, notification thereof, transmission or other availability through the Service.

The Rights Holder does not warrant, endorse, guarantee or assume responsibility for any products or services advertised or offered by any third party through the VisitWell Service, its associated website or any website linked to the VisitWell Service and their web pages displayed in a window or other advertising method. The Rights Holder shall not be deemed to be a participant in or in any way responsible for monitoring any transactions between the provider of various services and / or other users and / or providers of third party products and services.

In no event shall the Rights Holder, its employees, officers, directors or agents be liable for any direct, indirect or other damages (even if the Rights Holder has been advised of the possibility of such damages) arising out of the use of “VisitWell” services of various service providers due to improper conduct of various service providers, improper handling or due to an error of the Internet service provider, an error of the provider’s computer and similar various services, or a connection error with the Internet service provider and similar various services, and z any loss of data that may occur during the transmission of information on the Internet.

The Rights Holder shall not be liable for any consequences that may result from the use of data of the “VisitWell” service by the Provider of various services. This limitation of liability also applies to damages resulting from other services or products received through or possibly advertised in connection with the VisitWell service, or links on the service and the service’s website, as well as information, opinions or advice received through or advertised in connection with the “VisitWell” service or any links on the “VisitWell” website, up to the highest level permitted by law.

The Miscellaneous Service Provider acknowledges that the Rights Holder shall not be held liable for any User Content for any abusive, improper or unlawful conduct of any Miscellaneous Service Provider or Reviewer or any third party, and that the risk of loss arising from the foregoing rests solely with the Miscellaneous Service Provider. The Rights Holder does not represent or warrant in any way that the “VisitWell” Service is appropriate for use in other locations.

The Rights Holder assumes no responsibility for the accuracy of the information it provides and the use of such information is the responsibility of the recipient. The Rights Holder makes no representation that any reported problems will be resolved using the information provided by the Rights Holder. By providing information, the Rights Holder does not grant any licenses to copyrights, patents or other intellectual property rights.

Liability for any damages incurred by affiliates of the various services, rating providers or third parties due to the modification of the service is excluded.

Transferability of rights and authorizations

Article 12.

The rights of the Various Services Provider under the Contract on Provision of the “VisitWell” Service and these General Terms and Conditions are not transferable.

Transfer of rights from the Contract on Provision of the Service “VisitWell” and these General Terms and Conditions by the Provider of Various Services is ineffective.

Restrictions and prohibitions

Article 13.

It is strictly prohibited to:

1. misrepresentation for the purpose of threatening, manipulating, deceiving or misleading the rights holder, other providers of various services, reviewers or third parties;

2. posting, using, transmitting, sending and exchanging materials and content that violate or threaten the privacy of any person;

3. posting vulgar content or other unwanted content in normal communication that threatens and violates the rights of others;

4. unauthorized collection, storage and publication of personal data of other users of the Service;

5. posting content that is illegal, threatening, abusive, defamatory or vulgar in itself to users or third parties without their prior consent or request, including multiple transmissions of the same or very similar content (spamming), chain letters, pyramid schemes, etc. ;

6. sending, sharing or posting information that the Producer knows or believes to be false and the use of which could harm other Users or Members;

7. posting material that violates applicable laws of the Federal Republic of Germany, including but not limited to illegal, false, misleading, abusive, defamatory, vulgar, threatening, harassing, racist or chauvinistic content;

8. collecting content that violates intellectual property rights of third parties, as well as content that is protected by copyright, unless the author of the publication is also the owner of the copyright or his authorized person, who voluntarily did not give consent to the publication of data and works of any kind;

9. publishing content that violates the personal rights of third parties or other users, as well as other inappropriate content;

10. not use or launch any unauthorized technology or automated system to access online services or extract content from online services, including but not limited to spiders, robots, screen scrapers or offline readers;

11. disassembling, decomposing, reverse engineering, copying in source code or object code format, or creating derivative materials based on the content of the Service or the “VisitWell” Service itself;

12. attempting to acquire ownership or rights to any Service, including Content;

13. renting, leasing, lending, translating, merging, adapting, transferring, “VisitWell” the Service or the Content of the Service, combining or incorporating it into another program or service;

14. knowingly posting, sending, uploading and/or sharing Content that contains computer viruses, worms, computer code, files and programs that may cause mobile devices, computer programs or computers or other devices to be interfered with, restricted or destroyed;

15. posting content that may cause harm to the rights holder and affiliates, other users or third parties, which includes, but is not limited to, content that encourages conduct that constitutes a criminal offense, gives rise to civil liability, or otherwise violates any regulation, and that contains advertising or an offer of any person’s products or services without the express, prior, written consent of the rights holder.