The following General Terms and Conditions shall apply to all contracts concluded via the website www.hotgloo.com between HotGloo GbR, Celsiusweg 15, 22651 Hamburg, Germany and the user. By making use of the services provided by HotGloo on www.hotgloo.com the user agrees to the following General Terms and Conditions (GTCs). Any conditions the user may wish to impose which are at variance with these GTCs shall not form part of the contract. The same shall apply if HotGloo does not expressly contradict same.
The product-specific service descriptions and price lists, which can be viewed and downloaded from www.hotgloo.com, shall apply in addition to these GTCs.
These GTCs are applicable as from 14.02.2010.
The user is required to check the GTCs from time to time for any updates or changes. HotGloo reserves the right to update and change the GTCs at any time without announcing such under separate cover. Any new functions which may be introduced are likewise subject to these GTCs. Should the user continue to make use of the service after any updates the extended contract for the changed GTCs shall come into being.
The contract regarding the use of the services provided by HotGloo, offered on www.hotgloo.com, shall be formed once HotGloo confirms its acceptance of the offer of contract declared by the user or once the service is provided. To this end, the user shall submit a binding offer of contract by placing an order via the online shop at www.hotgloo.com in which the user shall state the desired service on the electronic order form provided for this purpose and shall transmit same to HotGloo. The contract shall only be formed once the offer has been confirmed by e-mail, at the latest however on utilization of or provision of the service.
Confirmation of the receipt of an offer of contract shall not constitute acceptance of same. HotGloo is not obligated to accept the user's order. Acceptance or rejection thereof shall take place at the latest after 14 days.
Contracts shall only be formed with users who are at least 18 years of age.
On the www.hotgloo.com website, HotGloo offers users web- / browser-based software and storage space for creating wireframes. For this purpose HotGloo furnishes its users with an account.
The account is used on a monthly basis on payment of an appropriate basic fee which is payable in advance.
If the account is utilized on only a part-time basis, there shall be no reimbursement of fees whatsoever.
Utilization of the "Free Plan" attracts no charges.
If a service is only offered for a limited time and/or only provided against payment of an additional fee this shall be stated on the price list or in a service description. HotGloo is not obligated to archive the uploaded content after termination of the contract. The available storage space has a usage volume of 1-10GB of data per account, depending on the type of account (fair use policy).
The user is only entitled to utilize the services provided by www.hotgloo.com during the term of the contract. On expiry of the term of the contract, any data and/or files stored by the user on www.hotgloo.com shall be deleted. The user shall be notified prior to the deletion of such data and shall have the opportunity of archiving the data him/herself.
HotGloo is entitled to change the structure and functioning of the www.hotgloo.com website, in particular to upgrade in line with the latest technological developments on the market and optimize same.
The user is aware that the internet is based on a complex technical topology and technology. HotGloo has no control over the functioning of the internet, either in whole or in part. Fault-free functioning of the internet does not form part of this contract.
HotGloo warrants that the server on which the www.hotgloo.com website is situated shall remain available for downloading content via the internet round the clock at least 97% of the time during the week. The entitlement to utilize the HotGloo website and its functions shall only exist in the context of the current technical possibilities. HotGloo cannot guarantee fault-free and uninterrupted use of the services offered by www.hotgloo.com due to the possibility of technical problems; HotGloo also assumes no warranty in this respect.
The user acknowledges that the fault-free availability of and accessibility to www.hotgloo.com may furthermore not be possible from all locations for compelling technical reasons and is subject to different environmental influences. In addition, there may from time to time be interferences, limitations or interruptions to the services on account of atmospheric conditions, geographical circumstances as well as interferences on account of radio waves, interruption of the electricity supply or due to technical changes or other measures (e.g. maintenance and repair work) which are required for the proper or improved provision of the services. The obligation of HotGloo to provide services is subject to the aforementioned limitations as these are beyond the control of HotGloo.
HotGloo shall assume no liability for temporary interruptions or limited availability if these are due to force majeur events, e.g. war, domestic unrest, strike action and lawful lockouts. The same shall apply to unforeseeable circumstances and circumstances beyond the control of HotGloo if these would temporarily make the provision of services by HotGloo unreasonably difficult or impossible such as, e.g., major operational disruptions, energy supply problems, labor disputes or measures taken by the authorities.
Downgrades can lead to the loss of content, functions or services of the account. HotGloo assumes no liability for such data losses.
The user accepts, when making use of the services provided by HotGloo for the transmission of content as well as during the processing, that content including client name, project name and account information will be transmitted unencrypted via the internet.
The user must be 18 years of age or older in order to utilize the services provided by HotGloo. The user must provide his/her full first and last names, a valid e-mail address and other information to conclude the application process. No pseudonyms or artists' names may be used. The user must select a password on registration and is obligated to keep this password secret and to protect it from access by unauthorized third parties. The user is responsible for the maintenance of his/her private area and the security of his/her account. HotGloo assumes no responsibility for any damages or losses incurred by failing to protect login data sufficiently.
Only one Free Plan is permitted per person.
Payment can only be made by credit card via Wirecard AG (Wirecard AG, Bretonischer Ring 4, 85630 Grasbrunn, Germany). The user is entitled to utilize the services provided by HotGloo as soon as the invoice amount has been credited and the user's account has been activated. The creation and utilization of a Free Account attracts no charges. The free utilization period ends when an account is upgraded from a Free Plan to a paid account.
The 15-day free trial is only valid for new customers and not for returning customers.
The user can upgrade his 15-day free trial to a paid account, within the trial period of the first 15 days after signing up for the free trial. 15-day trial accounts must be upgraded to paid account within 15 days after the 15-day free trial has ended, otherwise all data shall be permanently deleted.
The accounting period begins on the day of the sign-up to a paid account (usually with the entry of the credit card data), on a monthly basis until such time as the account is terminated; notice of termination may be given at the end of a month. No reimbursements or credit notes shall be given for only utilizing services for part of a month, nor shall there be any upgrade/downgrade repayments or reimbursements for unused months.
Upon reactivation of a dormant account, a new accounting period shall commence and the credit card will be debited with the current fee incurred by the utilization. Additional service upgrades or downgrades (e.g. account upgrades and downgrades) shall be invoiced at the start of the next accounting period.
All fees include taxes and levies unless stated otherwise.
HotGloo does not store any credit card data on its servers. Credit card transactions are only executed via Wirecard AG.
HotGloo shall send the invoice in electronic form via e-mail to the e-mail address provided by the user.
The user is only entitled to any offsetting if his/her claims have been determined in law, are uncontested or recognized by HotGloo.
Should the user default on the payment of the monthly basic fee, HotGloo shall be entitled to block access to the account for the period in default. Should the user be in default by at least two months, HotGloo shall be entitled to terminate the account with immediate effect and delete the account.
HotGloo reserves the right to change, suspend or discontinue entirely its range of services. There is no right to perpetuation. The user shall be informed thereof in due time at least one month in advance. The user shall then be able to utilize the unaltered HotGloo services for that current month of the contract and, at the end of the contract or on amendment of the contract, appropriately secure and archive his/her data in time.
HotGloo reserves the right to change the monthly fee after giving 30 days' notice. A new contract containing the amended conditions shall be formed if the contractual relationship is continued once that current contract month has expired.
Archived accounts must be reactivated within 100 days otherwise all archived data shall be permanently deleted.
The content of www.hotgloo.com or its services may not be copied and/or reproduced and/or transmitted in a changed form by the user.
HotGloo claims no intellectual property rights for the content uploaded by the user.
The user is solely responsible for the content uploaded by him/her. For this reason, the user warrants that the content is either material that is free of all rights or that the user has the required rights (copyright, trademark, rights to a name and rights to distinguishing marks).
The user also guarantees that the content provided by him/her to the service does not violate statutory regulations, third party rights or public morality. In particular, content must not be threatening, abusive, racist, defamatory, disturbing, offensive, pornographic, nor may it glorify violence or be harmful to young people in any manner whatsoever. The service may not be used to transmit viruses, worms or damaging content.
The user can give HotGloo notice at any time at the end of a month, however remains obligated to pay HotGloo any outstanding payments, in particular the full fee of the last accounting period during which notice was given.
The account and all its content shall be deleted on termination of the contract. Prior to the deletion of the account, the user shall have the option of archiving his/her account and its content.
Should the user violate any statutory or contractual obligations or restrictions by uploading the work or the associated disclosures, HotGloo shall - in the event of particularly serious violations which appear to make a continuation of the contract unreasonable - be entitled to immediately terminate the art portal services. In all other cases, HotGloo shall be entitled to issue a warning regarding the objectionable conduct and, if repeated, to extraordinary termination. For the rest, the right to ordinary termination is excluded. The right to extraordinary termination for just cause remains unaffected thereby.
HotGloo has unlimited liability for any damages arising from injury to life, body or health incurred by negligent violation of obligations by HotGloo or intentional or negligent violation of an obligation by a statutory representative or vicarious agent of HotGloo. For any other liability claims, HotGloo shall only assume unlimited liability if a warranted characteristic is lacking, as well as for willful intent and gross negligence. HotGloo shall only assume liability in the event of slight negligence if an obligation is violated, compliance with which is of particular significance to the contractual purpose (cardinal obligation).
Liability for loss of data is limited to the typical restoration costs which would have been incurred by making regular backup copies commensurate with the risk unless one of the aforementioned liability requirements is present.
Place of jurisdiction for all disputes in connection with contracts concluded on the basis of these GTCs, which shall also be the place of performance if the user is a commercial trader or legal entity in public law or is a special asset in public law, shall be agreed as being the registered offices of HotGloo.
German law shall apply under exclusion of international private law and the UN Convention on the International Sale of Goods subsumed under German law.