These General Terms and Conditions apply to all legal relations between the Verein für Deutsche Schäferhunde (SV) e.V. [Society for German Shepherd Dogs] (hereinafter referred to as “SV”) and the users of the websites SV homepage www.schaeferhunde.de and all subpages as well as SV-DOxS www.schaeferhunde.de and all subpages (hereinafter referred to as “SV-DOxS”). A user is every person who registers on the homepage or SV-DOxS or who concludes a contract for the use of the websites with SV.
Deviating provisions of the users do not apply, unless SV has confirmed them expressly in writing. Individual agreements always have priority.
The text of the contract is not stored by SV after conclusion and is therefore not accessible. The language of the contract is German. The user may retrieve, store and print out these General Terms and Conditions.
SV reserves the right to change these General Terms and Conditions where such change is reasonable for the user in consideration of SV’s interests; this particularly applies if the change does not lead to any significant legal and economic disadvantages for the user.
German law applies exclusively.
SV-DOxS provides the user with information about the German shepherd. The information complies with the last update of the SV breeding book office. Completeness is not guaranteed.
SV reserves the right to change the site and/or its content due to technical or legal provisions and to discontinue the site at any time.
SV may point out third-party contents and third party applications (hereinafter referred to as ‘third-party contents’) to users of the homepage and SV-DOxS at any time by providing corresponding links. Such third-party contents are clearly highlighted by a corresponding note. If and as far as the conclusion of a contract is offered in connection with such third-party contents, this contract is concluded exclusively with the respective provider.
SV may limit the access to its own services if this is required for the security of network operation, the maintenance of the network integrity, and particularly the prevention of serious disruptions to the network, the software or the stored data.
SV provides its users with freely accessible areas, as well as ones requiring registration, login or fees.
The data and functions of the master data package are accessible to SV members free of charge. After the SV membership is terminated, the authorisation to use this package expires.
The user needs to register with the required data in order to use the areas requiring registration, login or fees. Every user may only register once, thus receiving access.
The data requested by SV during registration must be provided completely and correctly, e.g. first name and surname, current address (no PO box) and valid e-mail address. If the stated details change subsequently, the user is obliged to correct them without delay.
The user undertakes not to use any mechanisms, software or other scripts that may impair or block the SV homepage or SV-DOxS; this particularly applies to mechanisms, software or other scripts that enable the generation of automated page views. In addition, the user must not take any measures that may lead to intolerable or excessive strain on the offered pages’ infrastructure.
The user must not block, overwrite or modify any contents generated by SV or otherwise intervene in SV’s web pages.
The user is liable to SV for damage incurred and their access will be blocked.
Every user is obliged to inform SV immediately if there are any signs that their access has been misused. Every user is generally liable for all activities carried out using their access and indemnifies SV from and against any claims for damages of third parties, unless the user is not responsible for the misuse.
Offered packages may be acquired against a user fee. The content and the user fees for the individual packages are published on the SV-DOxS site.
When a package is ordered, a contract is concluded between the user and SV.
The contractual term of a package is 12 months and is automatically extended by the same period, unless the user has terminated the contract one month prior to the respective end of the contract at the latest. Item VI of the General Terms and Conditions applies.
After an ordered package is set up, billing is made with reference to the setup date. It will only be activated after the payment is received.
The SV homepage and SV-DOxS are copyrighted as a database work (Section 4 (2) UrhG [German Copyright Act]) and as a database (Section 87a et seq. UrhG). Furthermore, the individual documents are protected works (Section 2 UrhG). The purchaser is entitled to use the information/database and online products to the customary extent required for their needs within the limits of Section 87b UrhG. As far as the actual use unreasonably impairs any legitimate interests of SV, SV is entitled to limit or prevent the access to the SV homepage and SV-DOxS. This particularly applies to the duplication, distribution or public reproduction of essential parts or the repeated and systematic duplication, distribution or public reproduction and provision of insignificant elements of the database work/database. All copyrights, rights of use and other proprietary rights to the SV homepage and SV-DOxS that are not expressly listed below remain with SV as the holder of all rights of use and proprietary rights.
The user acquires the right to access the SV homepage and SV-DOxS from any computer suitable for this purpose. The duration of the right of use is in accordance with the agreement the contractual relationship is based on.
The user undertakes to use the SV homepage and SV-DOxS only for his or her own purposes and not to enable third parties separate access to the information/database and online products, whether free of charge or against payment. The user is not entitled to pass on any access codes and/or passwords for the product or for the SV homepage or SV-DOxS to third parties.
The user can upload images regarding his own dog in an upload area; the images need to be released publication by SV. For further details: Supplementary conditions of uploading of images and text.
SV can undertake the actions hereinafter if there are specific reasons to believe that a registered user is violating statutory regulations, the rights of third parties or these general terms and conditions or if SV has any other justified interest, in particular for protecting the other users:
SV may block a user particularly, if the user is in default of payment of the orderedpackage and the blocking has been threatened in written form at least two weeks prior tothis. Despite of the blocking the user is obliged to pay the usage-independent fee.
SV may also permanently exclude a user from the active use of the SV homepage and SV-DOxS (permanent blocking) if such user has provided false contact details during registration, particularly an incorrect or invalid e-mail address, if they cause significant damage to other users or providers or if there is another good cause.
As soon as a user has been blocked preliminarily or permanently, they must no longer use the SV homepage and SV-DOxS, including via other user accounts, and must not re-register.
The user contract may be revoked without stating reasons within fourteen days after the conclusion of the contract.
To exercise the right to revoke, a clear written declaration on the decision to revoke the contract is required. The sample revocation form may be used for this purpose; however, it is not mandatory.
The timely dispatch of the notification of the exercise of the revocation right prior to the expiry of the revocation period is sufficient to meet the deadline. The revocation notice is to be addressed to:
Verein für Deutsche Schäferhunde (SV) e.V.
Steinerne Furt 71
Telefon: +49 821 74002-0
Telefax: +49 821 74002-903
If the revocation is effective, we will reimburse all payments received in connection with the user contract without delay and no later than within fourteen days from the day we received the notification of the revocation of the contract. We will use the same means of payment for the repayment which has been used for the original transaction, unless something else was expressly agreed with the user. We will never charge any fees for the repayment.
All disputes arising from this contractual relationship are subject to the jurisdiction of the competent courts in Augsburg. When dealing with consumers, this choice of law only applies to the extent that the protection granted by mandatory provisions of the law in the country where the consumer is habitually resident is not withdrawn.
All disputes arising from this contractual relationship are subject to the law of the Federal Republic of Germany excluding all conflict of laws provisions that refer to a different legal system. The application of the United Nations Convention on Contracts for the International Sale of Goods is excluded.
Should any of the above provisions be or become invalid, this does not affect the validity of the remaining provisions.
As at January 1, 2016
The user (uploader)can upload images with text regarding his/her dog in the upload area free of charge if he is owner of the dog or the co-owner with the signature authorization. For the acceptance of the ownership or the confirmation of signature authorization the data which is registered with the SV is decisive.
Images as well as text can be refused or deleted at the discretion of SV at any time without giving reasons.
Particularly, this has to be considered when legal regulation or the right of third parties is violated or when violation of the GTC is made aware. Images submitted for release may neither document contains contrary animal welfare nor prejudice the good standing of SV.
The user has no claim on the publication of images or text independend from the previously described. Furthermore, SV has the right to stop the free service at any time.
The user guarantees that he holds all necessary copy rights regarding the contents uploaded in the SV DOxS data base, that using and/or utilization of those rights no rights of third parties are opposed to (e.g. the right in one's image, right to a name, copyright, personal rights or marking rights) and that the entered contents do not violate the regulation of this GTC or any legal regulation. In case of violation the user indemnifies SV according to the following regulation from all liabilities.
The uploader undertakes to indemnify Verein für Deutsche Schäferhunde (SV) e.V. from all claims of third parties by reason of violation of their rights because of the contents uploaded by the uploader or by reason of using the services of Verein für Deutsche Schäferhunde (SV) e.V. through the uploader. The uploader defrays the cost of all necessary legal expenses including all court costs and all legal fee on first demand.
The uploader is aware of and he agrees that after release and publication in the SV DOxS data base images as well as text can be downloaded, linked, saved and be made publicly available through other measures from every visitor of the SV DOxS data base. The uploader undertakes to indemnify SV from all liabilities or rather makes no demands against SV, particularly no financial demands.
With the publication of images and text the uploader consedes SV the right of use them in the SV DOxS data base, to offer them publicy and to make them publicly available, free of charge without limitation of area and time.
The owner respectively co-owner with the signature authorization is at any time authorized to delete published images or text. Modifications of the text again require the release through SV.
SV has highest interest to eliminate violating contents which have been uploaded by uploaders in the SV DOxS data base. Should an user to hold that contents violate his rights (e.g. the right in the own image, copy right, right to a name, trademark right) SV asks for an immediate message to the e-mail address email@example.com. SV will immediately follow up all serious notifications about violation and to take actions.
All claims for indemnity against SV are excluded independent from the legal foundation unless SV, his legal representatives or vicarous agents can be accused of intention or gross negligence. The liability of SV for damages of life, body or health as well as the liability according to the Product Liability Act remains unaffected.
Invalidity or impracticability of particular aforementioned provisions do not affect the validity of the other provisions. In lieu of a invalid or impractical provision the statutory rules take effect.
In the case where users dispose of one or several individual packages which are subject to charges and whose validity period has not yet terminated (Stammdaten, Zuchtschau, Prüfung, Zucht and Genetics), they are now granted a one-time opportunity to purchase the 'Kombipaket L' upgrade.By upgrading to the 'Kombipaket L', the different terms of contracts with respect to individual packages are included in only one term of contract and users will receive an invoice on the total amount once a year at the due date.
Please note the following: You will be required to comply with the procedure referred to below and you will be obligated to accept this procedure:
This is a one-time opportunity for users to purchase this upgrade and they will not be able to purchase this upgrade once again after they cancelled it.