Terms & conditions

Terms for using the public domain of the „MyVipGuide.net“ Website.

Welcome to the website of MHM Spanien 2005 S.L. (hereinafter referred to as "VIP")

General Terms

the following terms and conditions constitute a legally binding agreement between you and VIP. By accessing, displaying and/or using this website, you certify that you have read and understood these terms and conditions, and you undertake to comply with the laws and provisions in effect. If you do not consent to these terms and conditions, you may not use this website.

The content and information displayed on this website is the property of VIP and is collectively referred to as ("VIP Information", "VIP", "we", "our" or "us"). The downloading, reproduction, or retransmission of VIP Information, other than for non-commercial individual use, is strictly prohibited.

VIP reserves the right to modify or update these terms and conditions of use and other information contained on this website at any time without prior notice. This also applies to improvements or changes to the products, services and programs described on this website.

Copyright and Trademarks

Both the content and the structure of the VIP websites are protected by copyright. Reproduction and distribution of information or data, especially the utilization of the text, fragments of text, logos, or other image material made available, is permitted only with the prior written consent of VIP. Content from our website may not be incorporated into third-party websites without our express consent.

VIP´s Internet sites may contain or reference trademarks, patents, copyrighted materials, trade secrets, technologies, products, processes or other proprietary rights of VIP and/or other parties. No license to or right in any such trademarks, patents, copyrighted materials, trade secrets, technologies, products, processes and other proprietary rights of VIP and/or other parties is granted to or conferred upon you.

The name „My Vip Guide“, the „My Vip Guide“ logo and all named products of „MyVipGuide.net“ are brands of VIP. All other product and company names mentioned in these pages may be brands of their respective manufacturers.

Statements regarding the future and certainty

The information on this website may contain technical inaccuracies and typographical errors, including but not limited to inaccuracies relating to pricing or availability. VIP shall not assume responsibility or liability for any such inaccuracies, errors or omissions, and shall have no obligation affected by such inaccuracies. The information on this website may constitute future-oriented statements. These statements hold within them risks, uncertainties and other factors that could ultimately result in actual developments being considerably different than these statements. VIPreserves the right to make changes, corrections and/or improvements to VIP-Information, and to the products and programs described in such information, at any time without notice.

Links to other websites

The links in this website will let you leave VIP'S site. The linked sites are not under the control of VIP and VIP is not responsible for contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. VIP is not responsible for webcasting or any other form of transmission received from any linked site. VIP is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by VIP of the site.

Queries

You agree that you will not use any device, software or other instrumentality to interfere or attempt to interfere with the proper working of our site, and that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. In addition, you agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein, without the prior express consent from an authorized VIP representative (such consent is deemed given for standard search engine technology employed by Internet search web sites to direct Internet users to this site).

Member account, password and security

This site may provide you with the ability to use usernames, passwords, or other codes or devices to gain access to restricted portions or special services of this site ("access codes"). If any of the Services requires you to open an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You also will choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify VIP immediately of any unauthorized use of your account or any other breach of security. VIP will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by VIP or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder.

Disclaimer

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALL VIP INFORMATION IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

Other Conditions

If you have questions about these Terms of Use please send an e-mail to This e-mail address is being protected from spambots. You need JavaScript enabled to view it .

As per April 2012

General Terms and Conditions for Using the Marketplace of the „MyVipGuide.net“ Website. (GT&C-MP)

Welcome to the website of MHM Spanien 2005 S.L.. (hereinafter referred to as "VIP")

These General Terms and Conditions shall become effective for all participants with VIP as per May 1st, 2012.

By clicking on the button "I have read and agree with the General Terms and Conditions of VIP", you are stating that you agree to the application of these GT&C-MP.

These GT&C-MP regulate the contractual relationship between VIP and the users (hereinafter referred to as "participants") of the so-called Marketplace (MP) of the VIP website.

Article 1 General

1. VIP operates databases, accessible via the Internet, in which, in the so-called Marketplace, goods and services may be advertised for sale against payment of a fee (advertisement function), and in which theses goods and services can be searched for using the search function provided by VIP.

2. These General Terms and Conditions for Use (GT&C-MP) apply exclusively to the relationship between VIP and the participants using the Marketplace of the databases operated by VIP. Any terms and conditions of a participant that contradict the present General Terms and Conditions shall not be valid.

3. The General Terms and Conditions for the Public Use shall apply exclusively to the use of the Public Domain.

4. VIP shall merely provide the technical requirements, in the form of databases, by which information (ads) is conveyed. VIP shall not influence the content of the ads. In particular, VIP is not itself the party offering the advertised goods and services.

5. VIP is not involved in the relationship between the seller and the party interested in the purchase, or the buyer, neither in the capacity of an intermediary nor as a representative of any party.

6. Agreements that were initiated as a consequence of an advertisement being placed on VIP shall be concluded and implemented without VIP participating.

Article 2 Subject Matter of the Agreement and Scope of Services

1. VIP's obligation is to provide an input mask for ads, to activate the advertisements placed via the input mask, and to enable the advertisements in the VIP databases to be retrieved via the Internet for the period of time agreed upon with the participant.

2. All participants can put one listing of maximally 6 categories into VIP's databases. The use of the services provided is based on the VIP price list that applies to the use of the Marketplace in an ongoing contractual relationship.

3. VIP promotes the VIP website and advertisements placed by the participants on its own and through third parties in particular by including the advertisements or parts thereof on other websites, in software applications, e-mails or print media, radio or television broadcasting campaigns. VIP also enables third parties to advertise their goods and services on the VIP website. To this end VIP can also provide these third parties access to the data, information and content posted on the VIP website.

The participant grants VIP the non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to use the content of the participant which he posts on the VIP website online and offline in particular the rights of exhibition, reproduction and adaption.

The aforementioned license includes in particular:

0. The right to reproduce the content on any analog and digital media (e.g. CD, CD-ROM, DVD, memory cards, hard drives, video cassettes, etc.) and in any print media (e.g. periodicals, newspapers, specialized press, posters, flyers, brochures, newsletters);

0. The right to combine the content with other content (text, pictures, hyperlinks, trademarks, logos, etc.) and other advertising material and to use these combinations in accordance with this agreement;

0. The right to adapt the content or have the content adapted, especially to have the content reduced in size, increased in size, split up, shortened or,modified and to use these adaptations in accordance with this agreement;

0. The right to use and present the content for presentations e.g. Power Point presentations, both internal and during public events (e.g. exhibitions, seminars, training courses);

0. The right to feed the content into databases and store it there;

The participant herewith consents to having his advertisements translated for the purpose of integrating them into foreign websites or software applications.

The participant represents and warrants that he is the author and/or exclusive licensee and/or has otherwise the right and authority to grant to VIP the license rights as defined above.

4. The entitlement to use the VIP website and its functions only exists within the scope of the current state of the technology.

5. VIP can link the use of the VIP website or particular features of the VIP website or the extent to which certain features and services can be used, to particular requirements, such as checking the login data, the length of the contractual relationship, the manner and scope of usage, and make them dependent on the fulfillment of certain security precautions.

6. VIP reserves the right to temporarily restrict the possibilities of placing and retrieving ads if this is required due to capacity limits, to server security or integrity, or in order to implement technical measures and if this serves to provide for a due and proper, or improved, performance of the services (maintenance work). In so doing, VIP shall take into consideration the legitimate interests of all participants, in particular by informing them prior to taking the above measures.

7. VIP reserves the right to limit the number of data records imported daily by one and the same participant, should this be required for technical reasons, in particular for capacity reasons. This shall apply both to data transfer in the Marketplace (http), and to data transfer by means of an FTP program.

8. In particular, technical reasons may mean that it is not possible, or possible only to a limited extent, to retrieve activated advertisements (unexpected system failures).

9. Articles 12 and 13 of the present GT&C-MP shall remain unaffected.

Article 3 Registering and Concluding the Contract

1. By registering and transferring the participant's data, an offer is made to conclude a contract for the use of the Marketplace in accordance with the present GT&C-MP. The participants, in the sense of the present GT&C-MP, shall be deemed to include the principle business plus individual subsidiaries, sales outlets and other sites. Each of such sites is required to register separately and VIP shall invoice separately for each of the sites specified. A participant account is non-transferable and may not be used by different subsidiaries or sites.

2. After receiving the offer, VIP shall decide at its own discretion whether to accept it or not. The offer shall be accepted by either a confirmation of the order being sent or by transferring the access data (username and password) for the Marketplace.

3. Only legal entities and natural persons capable of unrestrictedly entering into legal transactions may register. Minors, in particular, may not register. The person registering must be authorized to conclude such agreements on behalf of the participant.

4. The person registering is obliged to provide information that is complete and correct.

5. As part of the registration and the ongoing contractual relationship, VIP is entitled to demand submission of an excerpt from the Commercial Register and/or Trade Register as well as other documentation and information which seem necessary or expedient for registering the participant or for maintaining the contractual relationship.

6. If the data provided alter after registering, the participant is obliged to inform VIP of the fact as soon as possible. The information must be provided in writing, by fax or by email.

7. The participant must keep their password secret and keep their access details safe. The participant is also obliged to notify VIP immediately if there is evidence that their access details have been misused by some third party.

8. VIP will not give a participant's password to any third party and will never ask the participant for the password by email or telephone.

9. The participant is strictly liable for all activities carried out using their access details. If the participant is not responsible for the misuse of their access details because they have not contravened the existing obligations to be careful, they shall not be liable.

Article 4 Deletion of Offers, Blocking, Termination and other Measure

1. VIP may take the following measures if there is sufficient indication that a participant has contravened statutory provisions, the rights of third parties or the present GT&C-MP, or if VIP has any other legitimate interest (in particular in case of default in payment):

0. Delete ads or other contents placed with VIP

0. Delay the publication of content that has been placed with VIP

0. Issue warnings to participants

0. Limit or restrict the use of the VIP website

0. Impose temporary blocks on participants

0. Impose definitive blocks on participants

2. In selecting the measure, VIP shall take into consideration the legitimate interests of the affected participant.

3. The contractual relationship between VIP and the participant may be properly terminated by either party to the contract within a period of two weeks to the end of the month. Notice of termination is to be provided in writing the contact email of VIP provided on this website.

4. Should the contractual relationships be resumed and a participant be reinstated following termination or a definitive block by VIP due to a contravention of the GTC, default in payment or any other important reason, VIP shall be entitled to request a reinstatement fee in accordance with the currently valid price list for the Marketplace.

Article 5 Rendering of Accounts, Due Date for the Remuneration and its Amount, Payment

1. The yearly participation fee shall be calculated and charged in advance by VIP for the following year. Billing shall be only by electronic means, by sending an invoice by email. For sending an invoice on paper at the request of the participant, VIP shall charge for the work involved, for each invoice, a fixed fee in line with the current valid price list. The total sum shown in the invoice shall be due for payment immediately.

2. The yearly participation fee shall be calculated in line with the scaled price model as set out in the current valid price list.

3. The participant has to pay VIP additional fees for any additional services. The level of each fee shall be based on the current valid price list.

4. In case an advertisement is deleted according to Sec. 4 of this agreement due to a circumstance that the participant is responsible for, a reimbursement of the insertion fee does not take place.

5. The settlement of the fees that a participant is to pay shall only be done using the payment methods that VIP accepts.

6. If the collection of the debt fails (e.g. if a direct debit is rejected), the participant must reimburse VIP the additional costs resulting from this where they are responsible for the failed collection.

Article 6 Price Modifications/ Changes or Amendments to the GT&C-MP

1. VIP shall announce any changes to its prices in due time such that the participant may end the contractual relationship, while observing the period of notice as stipulated in the contract, with effect from a date prior to that on which the modified prices take effect. Should the participant fail to exercise said right and continue to use the services of VIP after the date on which the changed prices take effect, the price modification shall become binding for both contractual partners. Accounts shall be rendered on the basis of the modified prices.

2. VIP reserves the right to change these GTC at any time and without providing reasons. The changed terms shall be sent in writing or by email at the latest two weeks before they come into effect. The modifications shall be deemed to have been accepted unless they have been objected to in writing within two weeks after their having been announced. The participant's attention will particularly be drawn to this outcome when the changes are announced.

Article 7 Requirements as to the Contents and Layout of Ads

1. The participant undertakes to only place his offer in the section provided for that type of offer.

The following ads in particular shall not be permitted, advertisements that:

0. contains pornographic content;

0. constitutes an inadmissible offering;

0. constitutes an offering which impairs young people's development;

0. contains propaganda material or characteristics of unconstitutional organizations;

0. contains representations inciting hatred and violence against specific groups or glorifying violence;

0. incites racial hatred, glorifies war or promotes a terrorist organization;

0. invites people to break the law;

0. contains insulting and/or defamatory remarks and/or representations;

0. is contrary to fair competition;

0. contains illegal content of some other kind, or is generally suited to damaging the reputation of VIP or an affiliate of VIP.

2. The participant undertakes to provide complete and correct information with regard to his offer, the legal relationships concerning the offer as well as with regard to the remaining content of the ad. Incorrect information provided by mistake (such as, for example, typing errors, placement in incorrect categories) are to be corrected without undue delay upon being discovered using the "Edit Profile” function.

3. The participant must be able, during the period the ad runs, to immediately conclude with a potential buyer a legally valid purchase contract for the advertised goods and to hand over and transfer ownership of the goods at the availability time or the delivery time specified.

4. The ads can be illustrated with photos. The participant undertakes to only upload photos to VIP's database that they are permitted to use without restrictions and that are not encumbered by any third party rights and in particular third party copyrights. The photos used may not be misleading and must reflect the actual condition of the advertised goods. If the participant uses catalogue images, they must make this clear.

5. In its wording, content, visual layout and intended purposes, the ad may not violate statutory provisions or public decency. Persons engaged in business must in particular comply with the regulations of the Copyright Act and the Trademark Act and of the German Telecommunications Services Act (obligation to provide the publisher's information).

6. The participant is obliged to provide correct and truthful prices. In so doing, the participant should particularly comply with the regulations of the Pricing Ordinance . Retail prices are to be stated which must in particular include value added tax and other pricing components. Ads with prices that are clearly incorrect or misleading are not permitted.

7. Specifying premium service telephone numbers, which, when dialed, result in higher telephone charges for callers, is not permitted.

Article 8 Responsibility for the Contents of Ads

1. The participant alone shall be responsible for the contents of the ads. VIP shall review the ads neither for correctness nor completeness. VIP shall not be liable for the correctness and completeness of ads.

2. When a participant inputs data onto the VIP website, they are obliged to verify that the data sent is complete and correct. Given the differing technical specifications of different file formats, VIP accepts no liability for the data being complete and free of errors.

3. VIP provides no guarantee that the ads comply with statutory provisions and accepts no liability for the ads complying with statutory provisions.

4. VIP in particular excludes any and all warranty and liability arising from the fact that sale agreements initiated or concluded on the basis of VIP ads are unenforceable according to the national law of an affected state, or in any other way result in legal or economic disadvantages for one or both parties to the sale agreement.

Article 9 Indemnification

The participant shall release VIP from any and all claims asserted by third parties against VIP because their rights are being violated by the participant's ad or by any other use of the VIP website by the participant. The participant shall also hereby assume the necessary costs incurred by defending the rights of VIP, including any and all legal and court fees. This shall not apply if and to the extent that the participant is not responsible for the violation of rights.

Article 10 Database Updates

In order to make the search as fruitful and successful as possible, VIP strives to keep its data current. Therefore participants should delete ads as soon as the goods on offer has been sold or is no longer available for other reasons.

Article 11 Manipulating the Search and Destroying System Integrity

1. Participants may only use the search screens provided by VIP to search for goods in the VIP databases. Bypassing the search screens, in particular by using searchware that accesses the VIP databases, is not permitted. Non-compliance will be prosecuted, for instance, under civil law under the aspect of interference with an established and operating business, and will have consequences under criminal law under the aspect of illegal interference with affiliated industrial property rights as provided r in the Copyright Law.

2. Activities aimed at rendering the VIP website dysfunctional or complicating its use are prohibited. The participant may not take any actions that may result in an unreasonable or excessive strain being placed on the VIP infrastructure. Participants shall not be permitted to block, overwrite or modify contents generated by VIP, or in any other way to create a disturbance by interfering with the VIP website.

3. Participants shall not be permitted to falsify or manipulate the results of the search on the VIP website by making incorrect or misleading inputs, by placing ads in an incorrect category, by technical activities or by any other misuse of the functionalities of the VIP website.

Article 12 Warranty

1. The contractual obligations of VIP shall have been performed if the ads can be placed in the databases on a yearly average of 95 % and can be retrieved from said databases in the same percentage.

2. In cases of force majeure, VIP shall be released from its obligation to perform. Force majeure shall be deemed to refer to all unforeseeable events, and to such events for the effects of which on the fulfillment of the agreement neither of the parties is responsible. Such events shall include in particular legitimate labour disputes, also in third-party companies, official measures taken by authorities, the failure of communication networks and gateways of other providers, disturbances in the area of network operators (Leitungsgeber), other technical malfunctions, including when such circumstances occur in the area of subcontractors, sub-suppliers or their subcontractors, or operators of sub-nodal data processors (Subknotenrechner) authorized by the supplier. No entitlements shall result for participants for any failures for which VIP is not responsible.

Article 13 Limitation of Liability

1. Except if essential contractual obligations are violated, VIP shall only be liable for damages vis-à-vis companies if and to the extent that VIP, its legal representatives, senior managers or other persons employed by VIP in the performance of its obligations are culpable of having acted intentionally or with gross negligence Should essential contractual obligations be violated, VIP shall be liable for any culpable conduct of its legal representatives, senior managers or other persons employed by VIP in the performance of its obligations.

2. There shall only be a liability for the compensation of indirect damage, in particular for lost profits, in the case of intentional or grossly negligent conduct of legal representatives, senior managers or other persons employed by VIP in the performance of its obligations.

Article 14 Copyright and Usage Rights

Any and all data, information, company logos, texts, programs and images of advertisements placed on the VIP website shall be subject to copyright laws. The modification, further processing and usage by third parties in media of any kind is not permitted. The participant's rights shall remain unaffected hereby. It may continue to freely dispose of its own data and information.

Article 15 Place of Performance, Applicability of Spanish Law, Jurisdiction

1. This usage agreement, including these GT&C-MP, shall, in its application and interpretation, be subject exclusively to the laws of Spain. The application of the United Nations Convention on Contracts for the International Sale of Goods of April 11th, 1998 shall be excluded.

2. The place of performance shall be Marbella, Spain. Marbella, Spain shall be agreed upon as place of jurisdiction for any and all claims arising from or due to the use of the databases of VIP, to the extent this concerns a merchant within the meaning of the Spanish Commercial Code.

Article 16 Exercise of rights by third party, transfer of contract

1. VIP may make use of other companies affiliated to VIP when performing the rights and obligations under the user agreement

2. VIP has the right to fully or partially transfer the contract to a third party with a notification period of four weeks. In this case a participant may terminate the contract.

Article 17 Severability Clause

The ineffectiveness of individual provisions of the present GT&C-MP shall not affect the validity of the remaining provisions. Such ineffective provisions shall be replaced primarily by legally effective provisions which come as close as possible in economic terms to said ineffective provisions. The same shall apply for any omissions in the provisions set out in these General Terms and Conditions.

As per April 2012

IMPORTANT INFORMATION

Due to the international nature of My VIP Guide's (further VIP) business, VIP processes and stores personal data outside the EU. We are obliged to ask you to agree to this. If you do not wish to, unfortunately we will not be able to process any request you make through this website.

If you do agree, you may do so on the basis either that we use your data ONLY to process the request you make, or that VIP can make further use for further contacts (always subject to the Privacy Policy below).

PRIVACY POLICY

VIP respects the privacy of every individual who visits its Web Sites and any information collected about you will be used to first fulfill any service you might request and secondly improve how as a Company we serve you. We do this by making appropriate use of the information. This information will not be disclosed to anyone outside of VIP, its affiliated or associated companies, and the dealers, agencies and licensees of any of these companies, and any other companies with which VIP has directly or indirectly arranged services for your benefit.

It will be treated in accordance with the relevant legal provisions concerning data protection and may be initially stored and processed inside or outside the European Union anywhere in the world. It will be used only in the connection with the marketing of VIP products and services and related products and services.

You have the right as an individual to find out what information we hold about you and make corrections if necessary; you also have the right to ask us to not use the information. We will make all practical efforts to respect your wishes. However certain legislation, especially related to safety issues or financial regulation might prevent this.

COOKIES

VIP uses cookies to record the preferences of visitors, to enable us to optimize the design of our web site. Cookies are small files which are stored on your hard drive. They ease navigation, and increase the user-friendliness of a web site. Cookies also help us to identify the most popular sections of our web site. This enables us to provide content that is more accurately suited to your needs, and in so doing improve our service. Cookies can be used to determine whether there has been any contact between us and your computer in the past. Only the cookie on your computer is identified. Personal details can be saved in cookies, provided that you have consented to this, for example, in order to facilitate secure online access so that you not need to enter your user ID and password again.

Most browsers automatically accept cookies. You can prevent cookies from being stored on your hard drive by setting your browser to not accept cookies. The exact instructions for this can be found in the manual for your browser. You can delete cookies already on your hard drive at any time. If you choose not to accept cookies, you can still visit our website, however this may result in a reduced availability of the services provided by our web site.