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for the website "screensaver-network.com"

Important Note!!!

Conditions of Use for visitors to screensaver-network.com

1. The editorial staff of Anders und Seim Neue Medien AG (hereafter to be referred to as "screensaver-network.com") describes downloadable products such as screen savers, downloadable games, and Win Themes. Only shareware and freeware are described in this connection and descriptions from screensaver-network.com are free for all web site visitors to view.
    
2. The downloadable products are described according to their visual and (if applicable) acoustic design and are evaluated according to their technical implementation and handling. No additional testing of other content / statements of the downloadable products has been carried out.
    
3. The visitor can download the described downloadable product at the site of the respective supplier. Screensaver-network.com is, however, not obligated to set links to downloadable products.
    
4. The non-inclusion of downloadable product through screensaver-network.com does not reflect any devaluation of these products. screensaver-network.com reserves the right to completely or partially change, add to, or delete content on its own web site without notice as well as to cease publication altogether - whether that be for a limited or definite period of time.
    
5. Additionally, screensaver-network.com offers its own downloadable products (usually at a cost). The usage of those downloadable products developed by screensaver-network.com is subject to the "License Agreement ". In the case of inconsistencies between the " License Agreement " and the "Terms of Use", the " License Agreement " takes precedence.

1. With the exception of those downloadable products produced by screensaver-network.com, links lead to the servers of external suppliers' downloadable products. Downloading these products occurs over the server of that external supplier. Screensaver-network.com does not have contractual obligations to visitors of screensaver-network.com when a visitor is downloading a product from the server of an external supplier.
    
   
2. Links from screensaver-network.com include mention of the external supplier they lead to. screensaver-network.com. makes no claims to either the copyright or any other usage / commercial rights of downloadable products produced by an external supplier.
    
   
3. External suppliers are responsible for both the content of their downloadable products as well as the server. screensaver-network.com accepts no responsibility for content, accuracy, or legality of external suppliers' downloadable products (especially in complying with copyright, competition law, or registered trademarks). Screensaver-network.com does not guarantee that external suppliers' downloadable products are free of viruses, Trojan horses, etc., and will be held free from liability if downloadable products do contain viruses, Trojan horses, etc.
    
   
4. screensaver-network.com does not adopt the content of the downloadable products as its own. screensaver-network.com explicitly distances itself from any unlawful content of downloadable products it has links to. screensaver-network.com is unaware of any legal infringements (especially infringements upon copyright, registered trademarks, or competition law) of the downloadable products from external suppliers. Should a visitor discover any illegalities in the linked downloadable product, screensaver-network.com asks that the visitor make screensaver-network.com aware of this right away. If the linked downloadable product does indeed infringe upon any laws, screensaver-network.com will give notification and delete the link to that downloadable product.
    
   
5. Commercial advertisements are not part of the services offered by screensaver-network.com. Concerning commercial advertisements, please see terms listed under figure two for downloadable programs. The same applies to any third party entries into the Guest Book or the Discussion Forum.

The industrial property rights for the actual content (example: graphics, sounds, text, databases, etc of downloadable products produced by screensaver-network.com itself.) remain screensaver-network.com's. Copying or circulating of such content in other publications (electronic or print form) is forbidden without expressly granted permission from screensaver-network.com.

The following terms of liability apply to the free services offered by screensaver-network.com:

1. Visitors to screensaver-network.com may not make any claims against screensaver-network.com's services concerning defects of downloadable products coming from external suppliers. screensaver-network.com is especially not liable for the accuracy, reliability, completeness, or quality of the information / content made available through the external suppliers' downloadable products.
    
   
2. Compensation claims are barred, with the exception of a case where screensaver-network.com itself can be found guilty of gross negligence. Especially barred are compensation claims made against screensaver-network.com concerning the use of information or claims that result from faulty or incomplete information. In as much as screensaver-network.com is free from liability / has limited liability, the same also applies to the personal liability of screensaver-network.com's salaried personnel, employees, associates, representatives, and auxiliary persons.

1. Place of performance as well as jurisdiction for any legal disputes (including check, billing, and documentation litigation) is the registered office of screensaver-network.com (Anders und Seim Neue Medien AG); screensaver-network.com is allowed to bring legal action against a visitor from the visitor's registered office location or permanent establishment.
    
   
2. Each contract with screensaver-network.com and each legal affiliation whose origins are based on a downloadable program or the use of this web site is bound to German law. Other laws such as the "Uniform Law on the International Sale of Goods " and the "Uniform Law on the Formation of Contracts for the International Sale of Goods" do not apply and are to be disregarded. The same applies to the "UN Convention on Contracts for the International Sale of Goods."
    
3. Oral agreements are invalid. Any addendum and any changes of these terms are only valid if they are explicitly put in writing and clearly indicated as such.
    
4. If one or more of these terms become invalid it will not affect the other terms as a whole.

concering the purchase of Premium Products from screensaver-network.com

Information for the consumer pursuant to § 312c BGB
[German Civil Code - "Bürgerliches Gesetzbuch"]

Dear Customer,

Due to statutory requirements, we must give you (as "Licensee") some information before the contract is concluded. You will find this information in this and the following paragraphs. We would ask you to read these through carefully in order to avoid any misunderstandings. We here inform you about all matters connected with the formation of the contract and its performance.

This customer information does not constitute part of the contract. The terms and conditions of the contract are to be found in the software license contract.

You can print out or save this customer information.

Due to statutory requirements this information will be sent to you together with further information about the contract terms and conditions in the data pack, which you receive together with the downloaded software.

The other party to the contract is:

Anders und Seim Neue Medien AG
(hereinafter referred to as the "Licensor"), legally represented by its Directors Götz Anders and Markus Seim

Should you have any complaints please direct these to Anders und Seim Neue Medien AG at the above address.

Anders und Seim Neue Medien AG is the operator of the Internet product
www.screensaver-network.com.

Anders und Seim Neue Medien AG in accordance with the statutory provisions do not grant the licensee any rights of return or cancellation for the software received.

a) Software Defects

In case of defects in the software the software licence contract has the following provisions:

1. Should the software prove defective, the licensor shall at the licensee's option remedy the same or make an additional delivery ("subsequent fulfillment" - "Nacherfüllung"). The licensor may refuse the chosen mode of subsequent fulfilment or the whole subsequent fulfilment if the same would involve disproportionate expense. In case of a replacement delivery the licensor shall bear the expenses necessarily incurred for this purpose, in particular the cost of transmission of the software. Should the licensor deliver non-defective software for the purposes of subsequent fulfilment, the defective software shall then be entirely deleted from all the licensee's data carriers and may not be transferred to Third Parties.
    
   
2. Should the licensor not be prepared or not be able to provide subsequent fulfilment or should this be delayed beyond a reasonable period for reasons for which the licensor is responsible, or should the subsequent fulfilment fail for any other reason the licensee shall be entitled within the context of the statutory provisions to enforce his remedies of rescission, diminution of the purchase price or in damages. The subsequent fulfilment shall only be deemed to have failed after three attempts have been made without success. In case of recourse to § 478 BGB [German Civil Code - "Bürgerliches Gesetzbuch"] the provisions there shall apply.
    
3. The licensor shall only be liable for further claims of the licensee, in particular claims for damages including damages for loss of profit, or for other loss and damage to the licensee, which fall within the scope of the terms and conditions of this software licensing contract.
   

b) Notice of defects

To give notice of defects, just send an e-mail to service@screensaver-network.com.

1. Software Licence Contract
   
   Our Software Licence Contract shall apply, which is available to you as a print version.
    
   
2. Features of the software and price details are described as with reference to the product on offer.
    
   
3. Fulfillment, payment
   
   Anders und Seim Neue Medien AG reserves all rights to the relevant software until the conclusion of the download. The details in our offers are subject to alteration without notice. The right to make an intermediate sale of the rights to the software on offer is reserved.
   
   Please take the price for the product(s) you require from the price details on the page.
   
   The contract has been fulfilled by Anders und Seim Neue Medien AG upon completion of the software download.
   
   The payment of the purchase price shall be according to the method of payment you have chosen. You shall bear or reimburse the costs resulting from contra entry debits, (e.g. lack of funds, dishonoring of direct debits).
   
   You incur no costs when downloading the software in excess of the usual payment for access to the Internet, save for the license fee and any costs attaching to the method of payment chosen by you (e.g. bank charges for a giro transfer).
   
   

The contract between you and Anders und Seim Neue Medien AG is concluded in the following way:

After you have selected the products and have entered your personal details and chosen method of payment a screen appears on which you can check all the information you have given once again and can, if necessary, make corrections.

On clicking on the "submit order" button at the end of the page an email is automatically sent informing you at what UPL you can download the software and how this can be made ready for use. Upon receipt of this email, which contains your individual license code, a license contract relating to the software ordered by you comes into effect between you and Anders und Seim Neue Medien AG.

This information is given you pursuant to statutory requirements together with further information on the contract terms in the data pack, which you receive together with the software download. Further you may also print out the website through which you placed your order.

We shall use the personal data provided by you for the purposes of ordering the software only in order to carry out and fulfil the contract, as is required by the law on data protection. Upon request we shall inform you of what data we hold. We shall correct, delete or quarantine these data if they do not reflect the requirements of the law on data protection, in particular if they are incomplete or incorrect. We shall inform those persons to whom the data may have been supplied of any such amendment.