AGB in Deutsch
The following General Terms and Conditions shall apply to all contracts concluded via the
website www.hotgloo.com between HotGloo GbR, Borselstrasse 16 F, 22650 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 30-day free trial is only valid for new customers and not for returning customers.
The accounting period begins on the 30th day after registration, as long as the account wasn't closed within the 30-day free trial and continues 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. Add-Ons like additional projects or 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 60 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.