§ 1. Service provider and contact details
The service provider for www.tirestest.com is
How to reach us
Chairman of the Supervisory Board: Rainer Binder
Board members: Susann Dörsel-Müller, Philip von Grolman, Thomas Loock, Andreas Prüfer
Company headquarters: Hanover
Registered court: AG Hanover HRB 58026
VAT ID no.: DE 812759861
§ 2 Scope
(1) www.tirestest.com is aimed at consumers who wish to inform themselves and others about tyres via the Internet. Users of the website will receive free field reports and reviews of tyres for motor vehicles and motorcycles.
§ 3 Proprietary content
§ 4 External content
(1) Delticom AG grants the user the opportunity to publish certain types of content on www.tirestest.com so other users can access it. In principle this opportunity is provided free of charge. Exceptions require a separate agreement. This content (hereinafter “user content”) includes:
- Tyre reviews
- Field reports
(2) The publication of user content is not legally enforceable, nor may its publication be coerced or demanded in any other manner. No right to the publication of user content exists.
(3) The publication of user content on www.tirestest.com does not represent a legally binding statement or expression, review or recommendation by Delticom AG, but merely reflects the opinion of users. Delticom AG does not claim user content as proprietary content, and is not liable for the accuracy, timeliness and/or completeness of this content.
(4) Delticom AG is neither obliged nor able to review or monitor the legality of user content in a comprehensive manner. If Delticom AG is informed of legal violations and/or infringements, it will do everything necessary to eliminate the violation. See § 5 for more detailed information.
§ 5 Intellectual property rights and granting of rights
(1) The content/data published on www.tirestest.com (e.g. products, brands, logos, company symbols etc., information, reports, images, videos) may be legally protected.
When s/he uploads user content, the user grants Delticom AG the right, free of charge, to store such content, duplicate it and use it in accordance with all other currently known usage and exploitation rights, as well as to publish it anywhere on www.tirestest.com or other telemedia for which it is responsible, in particular to make it publicly available and otherwise reproduce it. S/he grants Delticom AG the right to sublicense his/her user content to affiliated companies.
(2) In principle the granting of rights to user content is temporally unlimited. The user may revoke his/her granting of rights by deleting the content at any time.
(3) The user guarantees that s/he is fully entitled to grant Delticom AG the rights to the extent mentioned above.
(4) Should you suspect that intellectual property rights are being violated on www.tirestest.com, please notify us immediately by contacting email@example.com in order that Delticom AG may review the matter and take corrective action if necessary. Delticom AG reserves the right to block user content and/or user profiles, or to remove them permanently.
Delticom AG is also entitled:
- to utilise user content for the purposes of advertising its own products and services online, as well as the products and services of affiliated companies,
- to sublicense the right of use to third parties if and insofar as this is required to enable the use of the content on third-party online platforms.
§ 6 Requirements for user content
(1) The requirements for the publication of user content can be met by registered and unregistered users.
(2) The user undertakes not to post content which:
- violates the rights of third parties, e.g. copyright, trademark, patent, brand or ancillary copyright rights, personal rights, data protection rights and/or property rights.
- is offensive, threatening, bullying or coercive, defamatory, or which glorifies violence,
- is pornographic, damaging to minors, racist, which incites hatred or is otherwise criminal/unlawful,
- is untrue.
(3) Users must be at least 18 years of age to post user content.
(4) Users are not permitted to share advertising with other users or third parties via www.tirestest.com. This also applies to the setting up of links. The positive presentation of products should not be regarded as advertising in this sense insofar as it meets the requirements of § 6 para. 5.
(5) Tyre reviews created by users (including statements in user profiles, image comments, images, videos) must meet the following requirements. The user must:
- ensure that his/her review is assigned to the correct tyre
- only review a tyre if s/he has used the tyre in question personally,
- provide truthful information on tyres, their usage and driving characteristics and other conditions/events,
- not publish any content in return for a fee or other non-cash benefits,
- not review a tyre or take photos of it if s/he is an employee, owner or operator of the manufacturer of the tyre under review, or is acting on the manufacturer’s behalf. The same applies to employees of companies that are economically related to the manufacturer of the tyre under review, as well as agents of the manufacturer,
- not give value judgments which focus on defaming the manufacturer or Delticom AG, or which primarily serve a purpose other than the provision of a factual and neutral tyre review,
- not post pictures and videos in which people can be identified or to which they have no rights.
§ 7 Data protection
(2) The selection, storage and transmission of personal data of other users for purposes other than the intended use of this offering is prohibited. In principle, users shall treat personal data known or disclosed to them in a confidential manner, insofar as they have not been published by the data subject him/herself.
§ 8 Indemnity
The user undertakes to release Delticom AG from all third-party claims, including the reasonable or legally determined costs of legal defence based on a culpable violation of the user’s obligations or the warranty. The user shall support Delticom AG in defending such claims, in particular by providing all information required for the purposes of a legal defence.
§ 9 Registration
(1) The creation of a user account (registration) is free of charge for all users at any time.
(2) Users must be at least 18 years of age to register on www.tirestest.com.
(3) Each user undertakes to provide correct and complete information as part of his/her registration and not to violate the rights of third parties. A violation of third-party rights occurs, inter alia, if personal information or other data about third parties is used without their consent, e.g. their name or email address. Multiple registration is prohibited. Registered users may amend or update their registration details at any time.
(4) Registered users are responsible for keeping their log-in details confidential (especially the password). In the event of the loss or unauthorised use of his/her log-in details, each registered user is obliged to inform Delticom AG immediately. Delticom AG is authorised to block a user’s account on www.tirestest.com if it is suspected that the password is being used by unauthorised third parties; the user shall be informed of this.
(7) The user account may be terminated at any time without notice by deleting the account or by sending an email to Delticom AG.
(9) In the event of termination or ending of the contract by another means, Delticom AG is entitled to block or delete user content posted by the user. There is no obligation to use or block the user content.
§ 10 Warranty/liability of Delticom AG
(1) Delticom AG assumes no responsibility for the completeness, timeliness, correctness, legality or other quality of the information provided on www.tirestest.com. Delticom AG merely provides this information as a guide for users. Delticom AG provides no guarantee that users are in fact the rights holders for the user content provided by them.
(2) In addition, Delticom AG does not guarantee that the information on www.tirestest.com content is free from viruses or other properties that may have a harmful or destructive effect. The user is responsible for protecting his/her data processing equipment.
(3) In the case of contractual or non-contractual claims, Delticom AG shall only be liable for damages resulting from intentional or grossly negligent acts, as well as for damages resulting from slightly negligent breaches of such obligations as enable the proper execution of a contract with the user in question, and upon the fulfilment of which the contracting party may therefore rely (cardinal obligations). In the latter case, liability is limited to the typical contractual damages foreseeable at the time of conclusion of the contract. The above limitations of liability do not apply in the event of injury to life, limb and health, within the scope of the German Product Liability Act (Produkthaftungsgesetz) and in the case of explicit warranties.
§ 11 Provision of the website
(1) Delticom AG is not responsible for the uninterrupted usability or availability of the offering on www.tirestest.com. In particular, Delticom AG also assumes no liability and is not liable for technical delays, interruptions or breakdowns.
(2) Delticom AG reserves the right, without prior notice, to amend, add to or delete the information provided on www.tirestest.com. Delticom AG also reserves the right to block www.tirestest.com in whole or in part, delete it, or temporarily or permanently discontinue its publication.
(3) Any attempt to disrupt the correct functioning of www.tirestest.com is prohibited, for example, by attempting to circumvent security functions, to make changes to computer systems, servers, routers or other devices connected to the Internet, or to obtain unauthorised access or otherwise disturb the operation of such systems/devices.
(4) Delticom is not liable for data loss.
§ 12. Applicable law, place of jurisdiction and miscellaneous
(1) Delticom may send messages to the user via email, fax or post, unless otherwise stipulated in the general terms and conditions. In addition, Delticom may send messages to the user via the private mailbox provided to registered users of www.tirestest.com.
(2) The place of jurisdiction is Hanover, where the Delticom AG head office is situated.
(3) German law applies, to the exclusion of private international law and the United Nations Convention on Contracts for the International Sale of Goods (CISG).
§ 13 Severability clause
Should one provision of this agreement be invalid, either in whole or in part, or lose its validity at a later date, this shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by the statutory provisions.