See also our Customer
concering the purchase of Premium Products
for the website "screensaver-network.com"
Conditions of Use for visitors to screensaver-network.com
| 1. Services
rendered by screensaver-network.com
- 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.
- 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.
- 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.
- 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.
- 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.
| 2. Links
to Downloadable products, Commercial Advertisements
- 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
- 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.
- 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.
- 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.
- 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.
| 3. Industrial
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
The following terms of liability apply to the free
services offered by screensaver-network.com:
- 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.
- 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.
- 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.
- 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."
- 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.
- 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 §
[German Civil Code - "Bürgerliches Gesetzbuch"]
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
This customer information does not constitute part
of the contract. The terms and conditions of the contract are
to be found in the software
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.
| 1. Information
as to the vendor
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
||Raiffeisenstraße 10, 63225 Langen
||+49 (0) 6103.5973-0
||+49 (0) 6103.5973-18
|Commercial registration no.:
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
| 2. Information
on rights of cancellation: please note
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.
| 3. Information
on claims relating to defects, customer service and guarantees
a) Software Defects
In case of defects in the software the software
licence contract has the following provisions:
- 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.
- 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.
- 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 email@example.com.
| 4. Information
on individual terms of the contract
- Software Licence Contract
Our Software Licence Contract shall apply, which is available
to you as a print
- Features of the software and price details are described as
with reference to the product on offer.
- 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).
| 5. Technical
steps involved in the formation of the contract / Correction
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
| 6. Information
on access to contract terms
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
| 7. Information
on your data
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.