**Terms and Conditions**

**Operator**: Advertiso GmbH, Mielerstede 6, 22927 Großhansdorf, Germany. The following conditions apply to the use and access of this website.

**§ 1**
a) By using the website and its offerings, you bindingly accept these Terms and Conditions, unless otherwise agreed in writing or mandatorily prescribed by law.
b) The provision of the website’s content and services may be restricted or discontinued at any time by the website.
c) The internet services of Advertiso GmbH on the website are available to natural persons worldwide. You are not permitted to register under a false identity or act on behalf of the website’s offerings, particularly by entering or initiating contracts with third parties.

**§ 2**
a) Copyright for all published or otherwise available content on this website (e.g., photos, texts, videos, audio files, software, and other details) belongs to the website, the licensor, or the respective provider indicated.
b) Copyright also applies to the design, layout, and all other design elements of this website. Additionally, EU directives, international agreements, and other applicable copyright laws apply.
c) Rights to exploit and use the website’s content, as well as other protective rights, remain reserved unless users are expressly granted simple usage rights under these terms. This also applies to third-party protective rights in the website’s content.
d) Information about companies, institutions, products, services, and conditions is provided free of charge by the website. By using these services, you agree to the collection of your data for statistical database evaluations and its anonymized transfer.
e) You may not modify or delete copyright notices, source credits, or trademark designations.
f) Copies made in accordance with the above provisions may only be shared under the following conditions:
1. Each copy must include the correct website address (http://www.yourwebsite.com).
2. The third party receiving the copy must be informed that these Terms and Conditions also apply to them.
3. The transfer of the copy must not be for the purpose of, or in connection with, brokerage, trading, or other business activities of any kind.
g) As a user, you may only access the website’s data for your personal use. Any exploitation of the data, such as sending, distributing, reproducing, modifying, or publicly displaying significant portions of the website’s content, requires the website’s consent.

**§ 3**
a) The website strives for the completeness, accuracy, and constant updating of its data offerings but is not obligated to do so.
b) Accessing information is free for users. You are responsible only for the fees associated with your time- or data-based internet access. The website may set or limit download speeds through technical measures.
c) The website is not liable for the availability of its services.
d) Information and data about products, services, and providers are obtained by the website from the providers (third parties) themselves. These are based on self-reported information, self-assessments, and descriptions, and are not verified by the website. The content and resulting information and calculations are provided by the website without warranty. The website also does not guarantee the accuracy or completeness of the data.
e) If the website provides access to third-party databases or services, it assumes no liability for the existence, security, data protection, content accuracy, completeness, or timeliness of these databases or services, nor for the absence of third-party rights regarding the data, information, and programs obtained by the user. The temporary and automatic display of third-party content also counts as providing access to third-party services. Specific offers for third-party products or services may differ from those provided by the website.
f) The website acts as a messenger or provides a system that functions as a messenger. Therefore, any contracts are solely between you, the user, and the provider of products or services. The website does not act as a broker, agent, or representative for any party. The third-party provider alone decides whether a contract is formed, and the website has no influence over this. As a user, you must obtain sufficient information and clarity about the following before entering a contract: the main characteristics of the product or service; the identity of the third-party provider; the total price; the moment the contract is formed and its minimum duration; any reservations to provide a comparable service or not provide the promised service if unavailable; payment and delivery terms; the right of withdrawal and its conditions; the validity period of limited offers, especially regarding price.
g) The website does not guarantee the accuracy, completeness, or timeliness of data transmission. As a user, you decide whether to verify through additional communication channels that a proper contract has been formed between the website and the third-party provider for the provided services.

**§ 4**
The following additional conditions apply to the provision of games by the website in its own database or third-party databases:
a) Only the author or copyright holder owns the rights to the provided games. The website does not act as a commercial agent, broker, or intermediary for either you, the user, or the author/copyright holder. No legal transaction is facilitated by the website between you and the author/copyright holder. The website is neither authorized nor entitled to make legally binding statements on behalf of you, the author/copyright holder, or third parties. Legal relationships exist only between you, the user, and the author/copyright holder. The website does not provide advisory services.
b) The author/copyright holder is solely responsible and liable for the software. The website assumes no liability for the proper condition, functionality, or defect-free nature of the games. The website does not guarantee that the games are virus-free or error-free. Use an up-to-date antivirus program to check downloaded games for viruses before use to protect your system’s data.
c) As a user, you assure the website that you will use the games only in accordance with the author/copyright holder’s regulations.
d) All third-party game data is marked with a source reference. Additional usage regulations and notes regarding the download/use of these games may apply. Inquire about any differing conditions from the third-party provider before downloading.

**§ 5**
a) The place of performance for all contractual services is Hamburg, Germany.
b) These Terms and Conditions and any contractual relationship between the user and the operator are governed by the substantive laws of the Federal Republic of Germany and these T&C. International private law is excluded.
c) The agreed place of jurisdiction for commercial customers (as defined by the German Commercial Code) and legal entities under public law is Hamburg.
d) If individual provisions of these Terms and Conditions are invalid or void, the remaining provisions remain unaffected. Partial invalidity does not affect the validity of the entire framework.

**Status: November 2009**

**Additional Regulation for the Use of Downloads on Advertiso GmbH Websites**

**Software Usage Conditions of Advertiso GmbH**
You can print these Terms and Conditions via your browser or by copying and pasting them into a word processing program and saving them on your computer.

**§ 01. General Conditions:**
The following provisions govern the usage conditions for downloads on Advertiso GmbH websites. They apply to the services provided by Advertiso GmbH within the scope of the offer below and include several notes on handling the add-on software distributed by us.

**§ 02. Scope and Services:**
Advertiso GmbH’s services include the use of Advertiso GmbH software. The user receives a simple, non-exclusive usage license. The software, graphics, or other data may not be reproduced or distributed without Advertiso GmbH’s consent. It is noted that installing the software via the internet may maintain an internet connection, which may incur costs depending on your contract with your provider. The user acknowledges and agrees that, in the event of a later change of user, the usage agreement continues with the new user under the conditions specified here.

**§ 03. Subject of the Agreement:**
The user receives a free, simple, non-exclusive usage license for advertising software as an add-on. In return, the user cooperates with Advertiso GmbH in marketing and agrees to the installation of Advertiso GmbH’s advertising software add-ons. No mutual performance obligations arise. In particular, the user is not obligated to use the advertising software, and Advertiso GmbH is not obligated to provide specific services. The user is informed that activating the Advertiso GmbH advertising software makes several changes to the user’s system:
- Search queries and entered URLs may be analyzed.
- The advertising software installs an add-on.
The user consents to the installation of this software by activating the installation or consent button. This software collects user data to create a personalized advertising offer tailored to the user’s interests and needs. To access the benefits provided by the software, the user permits the use of their computer’s processor and bandwidth for the advertising software. No personally identifiable data (e.g., name, address) is collected, stored, used, or transmitted, including to Advertiso GmbH itself.
The user acknowledges that Advertiso GmbH takes all reasonable measures to protect the confidentiality and integrity of the user’s computer resources and communications. Advertiso GmbH strives to implement and monitor the latest security measures, but comprehensive protection in the internet environment cannot be guaranteed.
The user is informed that Advertiso GmbH cannot control the content of communications distributed by third parties via the advertising software and has no knowledge thereof. These are third-party contents. The responsibility for such content lies solely with the person or entity from which it originates. It is possible that the user may be exposed to offensive, immoral, or otherwise harassing content in individual cases. Advertiso GmbH is not liable for any communication distributed by third parties via the advertising software. No user personal data is transmitted to Advertiso GmbH or third parties.
The transmission of the IP address, assignment codes, and URLs is solely for the technical purpose of optimizing the offer provided to the user. No further processing of the IP address or transmission/processing of user data occurs, especially no sharing with third parties, unless Advertiso GmbH is legally authorized or obligated to do so.
The user acknowledges and agrees, by activating the Advertiso GmbH advertising software, that several settings on their computer may be changed to provide an optimal offer tailored to their needs. User data transmission to Advertiso GmbH is always anonymized. The user agrees to receive updates from Advertiso GmbH at a given time.

**Important Note:**
If Advertiso GmbH provides a new version of the advertising software to users, Advertiso GmbH may configure the user’s PC to download the new version directly from the server to avoid system disruptions. No new internet connection is opened, and no costs are incurred. The user agrees to this.

**§ 04. Start of Use, Duration, Termination:**
Advertiso GmbH may refuse to grant a usage license to a user without stating reasons. The usage agreement takes effect upon the user’s consent to activate the software. Use is permitted for an indefinite period. The user and Advertiso GmbH may terminate the usage at any time by uninstallation or other means without any claims from the other party.
No separate right of withdrawal is required; both parties may terminate usage at any time. The user is entitled and able to remove the installed software from their computer at any time. No reasons or notification to Advertiso GmbH are required, and no deadlines apply.

**§ 05. Complaints and Claims:**
Complaints and claims arising from usage must be submitted immediately and in writing to:
Advertiso GmbH
Mielerstede 6
22927 Großhansdorf, Germany

**§ 06. Liability:**
Advertiso GmbH’s liability for damages of any kind is excluded, except for:
1. Damages resulting from injury to life, body, or health due to a negligent breach of duty by Advertiso GmbH, its legal representatives, or agents.
2. Other damages resulting from grossly negligent or intentional breaches of duty by Advertiso GmbH, its legal representatives, or agents.

**§ 07. Data Protection:**
The legal basis for handling personal customer data and its processing is the German Telemedia Act (TMG) and, supplementarily, the Federal Data Protection Act (BDSG). The use of anonymized data for market analysis or purely statistical purposes is legally permitted. Advertiso GmbH does not collect personal data. All collected data is non-individualized.

**§ 08. Severability Clause:**
If individual provisions of these Terms and Conditions are wholly or partially invalid or become invalid, or if the agreement contains a regulatory gap, the validity of the remaining provisions remains unaffected. The respective statutory regulations apply in place of invalid or missing provisions.

**§ 09. Final Provisions**
Hamburg, Germany, is the agreed place of jurisdiction for entrepreneurs.
The law of the Federal Republic of Germany applies exclusively, excluding international private law and the UN Sales Convention.
No side agreements exist outside these Terms and Conditions, and any such agreements are only accepted by Advertiso GmbH if concluded in writing.

**Status: September 2024**