General terms and conditions
of these services by the CUSTOMER.
1. Subject matter of the contract
a) The service provider of KEYWORDME is:
The KEYWORDME is hereinafter referred to as “KEYWORDME”.
The user of the offer is hereinafter referred to as “CUSTOMER”.
All services offered are referred to as “SERVICES”.
b) KEYWORDME provides a platform on www.keywordme.de where synonyms for entered words can be found and created.
KEYWORDME enables CUSTOMERS to find a synonym for an entered word that is permanently stored in a KEYWORDME database. This database is constantly being expanded, using the CUSTOMER’s input.
KEWORDME also gives registered CUSTOMERS the opportunity to use their own permanent database in which the user can create words and associated synonyms.
The CUSTOMER agrees to the fact that all synonyms (words or linked word combinations) are permanently stored at KEYWORDME and that the database expands accordingly. This database can then be used by KEYWORDME itself as well as by third parties.
KEYWORDME shall be entitled to make the use of its database, to which the customer’s input also contributes, available to third parties on freely selectable terms and conditions (especially free of charge and for a fee). The CUSTOMER grants his irrevocable consent to this by using the software.
Even when the service is terminated as a registered or unregistered CUSTOMER, the entered words and synonyms remain stored in KEYWORDME and can be used further.
2. Registration, termination
The use of the service using a personal database requires registration as CUSTOMER.
If you use the service without your own database, you do not need to register.
There is no claim for use. KEYWORDME is entitled to reject registration requests without giving reasons.
Registration is only permitted if the CLIENT is of legal age and has unlimited legal capacity. In the case of a legal entity, registration must be made by an authorised representative.
If the CUSTOMER wishes to delete his user account, he can send an e-mail to KEYWORDME.
3. Registration data
The contact details and other information requested by KEYWORDME during the registration process must be complete and correct.
During the registration process, the CUSTOMER is asked to provide a user name and password. With this data, the CUSTOMER can log in to KEYWORDME after activating his access and confirming his confirmation.
It is the CUSTOMER’s responsibility to ensure that the user name does not infringe the rights of third parties, in particular does not infringe any name or trademark rights and does not offend morality.
The access data including the password shall be kept secret by the CUSTOMER and shall not be made accessible to unauthorized third parties.
If the CUSTOMER becomes aware of any misuse of the access data, he is obliged to notify KEYWORDME immediately.
The use of the service, calling up and setting synonyms is permitted free of charge.
The CUSTOMER may freely use the synonyms created and entered in the database for any purpose, whether private or commercial.
Conversely, KEYWORDME shall also be entitled to use the synonyms created and entered by the CUSTOMER itself and to make them available to third parties at freely selectable conditions (especially free of charge and for a fee).
KEYWORDME reserves the right to refuse the posting of synonyms and/or to edit, block or remove previously posted synonyms without prior notice if the posted content violates the rights of third parties.
5) Legal admissibility of synonyms, rights of third parties
Should the CUSTOMER use the synonyms, for example, for the so-called keywording of works (e. g. photographs, graphics, videos, etc.), the CUSTOMER shall be responsible for ensuring that the use and the generated terms do not infringe the rights of third parties.
KEYWORDME does not check the contents of the database to determine whether the words entered are legally admissible with regard to their synonyms or whether they infringe the rights of third parties. In this respect, the CUSTOMER himself/herself and independently has to check the legal admissibility of the linked synonyms for further use. If necessary, he shall seek legal advice on this matter.
Should the CUSTOMER discover that, in his opinion, the rights of third parties are infringed by synonyms, KEYWORDME must be informed so that he can eliminate the infringement of rights and delete the link.
KEYWORDME points out to the CLIENT that the CLIENT’s usage activities can be monitored to the extent permitted by law. This may also include the logging of IP addresses and usage activities in case of a concrete suspicion of a violation of these terms and conditions and/or a concrete suspicion of any other illegal act.
6. Availability of the service
It is pointed out to the CUSTOMER that the offered SERVICE is still under development, so that system downtimes and malfunctions can occur regularly.
KEYWORDME makes every effort to ensure uninterrupted usability. However, temporary interruptions may also occur due to other technical faults (such as hardware and software problems, problems in the data lines).
A claim for usability of the service does not exist in this respect.
7. Changes to the services
KEYWORDME is entitled at any time to amend services provided free of charge, to make new services available free of charge or against payment and to discontinue the provision of free services. The CUSTOMER’s legitimate interests will be taken into account by the KEYWORDME.
8. Inadmissible use, blocking of a customer account
The CLIENT shall be prohibited from any activities on or in connection with the service that violate applicable law, infringe third party rights or violate the principles of youth protection.
In particular, the CUSTOMER is prohibited from the following actions:
-Posting and advertising of pornographic content, services and/or products that violates data protection laws, violates data protection law and/or other laws that violate and/or fraudulent content, services and/or products;
-the use of content that offends or defames others;
The use, provision and distribution of content that is protected by law or encumbered with third-party rights (e. g. copyrights) without being expressly authorized to do so.
Selecting a user name that infringes the rights of third parties to the name.
Furthermore, the CUSTOMER is also prohibited from carrying out the following activities irrespective of any violation of the law when posting his own content:
-the distribution of viruses, Trojans and other harmful data;
-the sending of spam mails;
the dissemination of offensive, sexually explicit, obscene or defamatory content and any content likely to promote racism, hatred, physical violence or illegal activities.
The CUSTOMER shall also be prohibited from taking any action which is likely to interfere with the smooth operation of the service.
Should the CUSTOMER become aware of any unlawful, abusive, contrary to the contract or otherwise unauthorized use of the SERVICE, this must be reported to KEYWORDME.
KEYWORDME will then examine this and take appropriate action depending on the outcome.
9. Data privacy
KEYWORDME handles responsibly the personal data of participants (these data are referred to hereinafter as “Personal Data”).
KEYWORDME will therefore only collect, store and process the personal data resulting from the registration for the service, insofar as this is necessary for the provision of services in accordance with the contract and permitted by legal regulations, or is ordered by the legislator.
KEYWORDME will treat personal data confidentially and in accordance with the provisions of the applicable data protection law and will not pass them on to third parties.
In addition, KEYWORDME will only use personal data if you have given your express consent. You can revoke your consent at any time.
For further information, please refer to the data protection regulations on the HIER website.
10. Limitation of liability
If the CUSTOMER suffers any loss or damage as a result of the use of the services provided free of charge, KEYWORDME shall only be liable to the extent that the loss or damage has arisen as a result of the contractual use of the free content and/or services, and only in the event of intent (including fraudulent intent) and gross negligence on the part of KEYWORDME.
Should any provision of these terms and conditions be or become invalid, this shall not affect the legal validity of the remaining provisions. In place of the invalid provision, an effective provision shall be deemed to have been agreed upon which comes closest to the economic purpose intended by the parties.
The contractual relationship is subject to the laws of the Federal Republic of Germany.
Exclusive place of jurisdiction for all disputes arising from these terms and conditions shall be the registered office of KEYWORDME, insofar as such an agreement on the place of jurisdiction is permissible.