Status: August 2021
§ 1 Basics
Pixelrein GmbH & Co. KG (hereinafter “Backlinked”) performs the function of a service provider on the Internet, which offers its customers the opportunity to place articles on other third-party websites offered via the Backlinked App via its website (hereinafter “Backlinked App”). Customers of Backlinked are hereinafter referred to as Participants, as are persons who register in the Backlinked App for the purpose of becoming interested in the services offered by Backlinked.
§ 2 Scope of application and general information.
Backlinked delivers exclusively according to the following General Terms and Conditions. General Terms and Conditions of Participants that contradict or deviate from the Terms and Conditions will only be accepted upon written confirmation by Backlinked.
§ 3 Participants
Participants are both natural persons and legal entities, as well as partnerships with legal capacity that act on the Backlinked App with commercial, self-employed or freelance intentions. In order to be entitled to participate, the age of 18 and full legal capacity are required. By sending the registration form, the participant declares that he is an entrepreneur according to § 14 BGB (German Civil Code) and has full legal capacity.
§ 4 Registration
In order to be eligible for participation, a registration must be made via the registration form on the Backlinked App. The Participant must accept these Terms and Conditions or waive registration. The Participant is required to provide complete and truthful information about his or her current data, which will be requested during the registration process. A participant is only allowed one registration. During the registration process, individual access data is created for the participant. The participant must undertake to handle the access data confidentially and may not make it available to any unauthorized third party. The entered data can be checked and corrected before submitting the registration. After submitting the registration, the Participant makes a binding offer to use Backlinked App. Only when the Participant has received an email from Backlinked in which the Participant is expressly confirmed by Backlinked that he or she has been activated to use the Backlinked App, an acceptance of this offer and thus a conclusion of a contract for the use of the Backlinked App by the Participant occurs.
The acceptance as a Participant can be rejected or terminated by Backlinked without giving reasons. Independently of the confirmation email, Backlinked may send further emails to the Participant concerning this order. Participants have the possibility to change their entered data within the access authorization itself. By registering, Backlinked is authorized to send notification emails to the Participant for the purpose of processing business transactions via the Backlinked App. The notification emails have no promotional content.
§ 5 Conclusion of contract
- The booking requests will be submitted via the Backlinked App to the operator or responsible party of the relevant website on which an article placement is to be made.
- Contracts can be concluded on Backlinked App only in German.
- A booking request is the order from the participant to Backlinked. A booking request is binding on the Participant, but may be rejected by Backlinked or the operator or person responsible for the website in question via Backlinked. Backlinked may accept or reject the booking request within a period of 144 hours.
- The booking requests will be submitted via the Backlinked App to the operator or responsible party of the relevant website on which an article placement is to be made.
- Once the operator or responsible party of the website accepts the booking request of the participant via the Backlinked App, a contract between operator and participant is created.
- After accepting a booking, an operator or responsible party of the website undertakes to fulfill the service components in accordance with the contract.
- After an operator or responsible person of the website has performed the service according to the contract, a participant is obliged to accept the service and pay the remuneration.
- A booking processing begins with the acceptance of a booking request of a participant by the operator or responsible person of the website and is considered to be completed after a confirmation of the order result by the participant.
- The contractual partners of a booking processing or a campaign are bound by the deadlines (§ 7). In the event of non-compliance with the deadlines, the contractual partners already agree in advance to the consequences (§ 7).
- Employees of Backlinked are permitted by the operators or responsible persons of the respective websites to contact them directly and personally by e-mail or telephone for the purpose of enquiring about and carrying out bookings.
§ 5.1 Link packages
- Link packages are bookable only once per domain. In case of multiple bookings we reserve the right to cancel them
- Websites from the categories sex/dating, weapons, narcotics/medicines or casino/gambling are generally not accepted.
§ 6 Deposits and conditions.
Participants must, before they can make bookings, load a credit. The minimum top-up volume is 10,00€ plus the legal 19% VAT. This credit will be forwarded to a non-interest bearing bank account (transaction account) of Backlinked.
- The credit can be paid via Paypal. Credit Card, SEPA, SOFORT and Giro Pay to be topped up.
- The initial registration on Backlinked App is free of charge.
- Participants can not withdraw the loaded credit again.
§ 7 Deadlines.
In the case of booking settlements, the specified deadlines, which can be viewed on the Backlinked App for the respective order, must be observed. Any response to a Booking Handling must be made within the time limits agreed upon between the Participant and the operator or responsible party of the website or set by Backlinked. Backlinked App provides 144 hours as a standard, which is equivalent to 6 days. If a response is made within the time limit, 144 hours will start as a time limit for the other party to respond. If one of the contracting parties does not respond within the agreed time limit, Backlinked reserves the right to cancel the booking request or booking processing. This can also happen automatically by the Backlinked App system. All services up to that point are considered null and void and will not be compensated or charged. If a participant does not fulfill his order within his deadline, the operator or responsible person of the website will automatically receive a positive confirmation through the Backlinked App and the payment will be executed. Deadlines include Sundays and holidays. Participants must take into account the inclusion of Sundays and holidays in their plans when making booking requests.
§ 8 Obligations of the operators or responsible parties of the respective websites.
- Operators or persons in charge of the websites are participants who market their websites via Backlinked App.
It is possible to be a participant and operator or responsible of a website at the same time.
- If the participant orders content for an article placement from the operator or responsible person of a website via Backlinked App, it is hereby provided that the operator or responsible person of a website creates a unique (uniqueness) content. The operator or person responsible for a website is thus prohibited from re-offering a text that has already been published. In the event of a violation, the operator or person responsible for a website must expect exclusion from the Backlinked App and legal consequences.
- Operators or persons responsible for a website may only carry out their posting transactions on the Backlinked App via the options provided by Backlinked.
- The operator or responsible person of a website will be blocked immediately and without notice if they attempt to use the Backlinked App as an acquisition tool to gain direct contacts in order to subsequently make bookings outside of the Backlinked App. If this becomes known, Backlinked may make legal claims and existing credit may be withheld by Backlinked for settlement. Outstanding balances may be claimed by Backlinked, including through the use of legal means. If legal claims have to be asserted, any forfeited contractual penalty will be credited against the asserted damage.
- The operator or responsible person of a website may not remove bookings of the participant from his media according to his own assessment. The operator or responsible party of a website may publish its content in its media for a period of at least twelve months. In the event of deactivation or removal of a booking prior to the expiry of twelve months, contributions already paid for this purpose may be reclaimed. Something else only applies if the deactivation or discontinuation is not the fault of the operator or person responsible for a website. If the operator or responsible person of a website has completely discontinued his affected medium, it is not the fault of the operator or responsible person of a website. In case of deactivation or discontinuation without fault of the operator or responsible of the website or in case of discontinuation of a booking after expiration of a time limit according to § 6 of the General Terms and Conditions, the subscriber cannot assume a refund of payments already made, but Backlinked has the right to conduct a case-by-case examination and subsequently decide whether the deactivation or discontinuation occurred without fault of the operator or responsible of the website. The same exists in the event of a change in the content of Content by the operator or person responsible for the website.
- Operators or persons responsible for a website must ensure that content they have created themselves does not violate any third-party rights or competition law and, in particular, does not glorify violence, is racist, defamatory or illegal.
- In the event of queries from operators or responsible persons of a website to participants for a booking transaction, these must be formulated unambiguously.
- The operator or responsible person of a website will be excluded from the Backlinked App in the event of a violation. Violations can be secured in the form of screenshots to preserve legal claims.
§ 9 Duties of the participant.
Participants are parties who buy or are interested in buying via the Backlinked App article placements on the websites of the respective operators or responsible parties listed in the Backlinked App and have therefore registered.
- Bookings that represent a completed booking transaction between Participant and Operator or Responsible Party of the respective website, as well as campaigns that represent a budgeted offer after agreement by Participant and Operator or Responsible Party of the respective website, may only be executed on the Backlinked App by Participants through facilities provided by Backlinked.
- When a Content is delivered to the Publisher during a Booking or Campaign, it is assumed to be unique text. Participants may not publish previously published content.
- The Participant will be immediately and unannounced banned if they attempt to use the Backlinked App as a canvassing tool to gain direct contact with website operators or managers to subsequently make bookings outside of the Backlinked App. If this becomes known, Backlinked may make legal claims and existing credit may be withheld by Backlinked for settlement. Outstanding balances may be claimed by Backlinked, including through the use of legal means. If legal claims have to be asserted, any forfeited contractual penalty will be credited against the asserted damage.
- In the event of queries from operators or persons responsible for websites to participants for a booking transaction, these must be formulated in an unambiguous manner.
- Participants must ensure that self-created content does not violate the rights of third parties or competition law and, in particular, is not glorifying violence, racist, defamatory or illegal.
- In the event of a violation, the participant will be excluded and his booking requests, campaigns, booking processes and bookings will be cancelled.
- The participant may not use the internal messaging system for spam, advertising, or the transmission of content unrelated to the order.
- The participant will be excluded from using the Backlinked App in the event of a violation. Violations may be saved in the form of screenshots to preserve legal rights.
§ 10 Applicable law and Content.
Content is all content that is suitable to be published editorially on the websites of the respective operators or responsible parties listed in the Backlinked App. These are primarily texts, graphics, documents, and videos.
- If content is supplied to another party, he is granted unrestricted and exclusive rights of use to the content created for the article placement booked for this purpose. Other rights of use are not permitted.
- Both participants and operators or responsible parties of websites undertake to deliver unique (uniquely) content. Previously published content may not be reused. In case of infringement, Backlinked will decide whether usage rights, copyrights and the terms and conditions have been violated. Legal claims may be asserted.
- Participants must ensure that self-created content does not violate any third-party rights or competition law, and in particular that it does not glorify violence, is racist, defamatory or illegal.
- Participants must ensure that their content stored on the Backlinked App does not violate any third-party rights or competition law and, in particular, is not glorifying violence, racist, defamatory or illegal.
- Participants, their websites, their booking requests, booking processes and bookings will be excluded in the event of a violation. Violations may be secured in the form of screenshots to preserve legal rights.
§ 11 Quality Control
- Backlinked hereby takes the right to check registered websites intended for the publication of article placements for quality and then decide on approval. A renewed request for registration is possible again after three months.
- A claim for content control by Backlinked is not possible. The Backlinked app, however, can be informed for quality control.
- In addition, Backlinked has the right to independently perform quality control checks. Backlinked cannot be held liable for the content, scope and outcome of controlled content.
§ 12 Messaging System.
The messaging system may be used by participants only for booking processing. The participants are not entitled to transmit spam, advertising or content unrelated to the order. In the event of a violation, the participant will be blocked without notice.
§ 13 Confidentiality of the offers
Users are prohibited from displaying the offers in the Backlinked App in an automated manner or in large quantities (over 100 offers) elsewhere. In case of violation, a contractual penalty of 500 € / displayed offer will be due.
§ 14 Corrections.
The messaging system on the Backlinked App may be used for communication as well as correction of booking transactions between Participant and Backlinked, and between the operators or responsible parties of affected websites and Backlinked.
- A participant may request corrections from the operators or responsible parties of the affected websites via Backlinked. These must be unambiguously formulated so that an effective correction is possible.
- The operators or responsible parties of affected websites are bound to the correction requests transmitted through Backlinked, provided that the previously provided service does not sufficiently correspond to the booking order.
- The correction deadlines correspond to the deadlines from § 6.
- If a participant or operator or responsible person of affected websites reports due to an ambiguity, Backlinked will examine the matter and make a mutually binding decision.
§ 15 Media
- The websites designated to publish article placements constitute media. Before they can be approved, a quality control is carried out by Backlinked. Thereafter, if accepted, they are directly available; if rejected, the operators or responsible parties may reapply for the rejected site to be listed after three months. Backlinked may reject websites without justification.
- If affected websites can no longer be found on the web, are displayed incorrectly, work with unfair means or the publication of articles with links to participant sites have a detrimental effect on the same, they may be excluded from Backlinked without giving reasons. In this case, at the request of Backlinked, any article published via the Backlinked App shall be deleted from the website concerned.
§ 16 Anonymity.
Participants remain anonymous in the Backlinked App to be protected from abuse and to allow a neutral treatment of all participants.
§ 17 Term and termination
- The contract is concluded for an indefinite period.
- The contracting parties have the option to terminate this contract with a notice period of 30 days to the end of the month (by e-mail, fax, or by letter).
- Operators or persons responsible for websites intended to publish article placements who do not use their account for a period of 3 months may be terminated by Backlinked. Backlinked has the possibility, if not extraordinarily agreed, to terminate any contract with a notice period of 30 days to the end of the month (by e-mail, fax, or by means of a letter).
- Subscribers who do not use their account for a period of 12 months may be terminated by Backlinked. Backlinked has the option to terminate any contract with a notice period of 30 days to the end of the month (by email, fax, or by means of a letter), if not agreed extraordinarily.
- The termination will be carried out by Backlinked taking into account ongoing booking processes.
- The right to terminate for cause remains unaffected for Backlinked and the participant. In case of serious violations, Backlinked has the right to terminate the participant without notice.
§ 18 Terms Content Booking
- Bookings made by participants are secured for a period of at least 12 months by the operator or person responsible for the websites concerned,
- The participant must assume that it may come to the fact that affected websites are no longer operated and therefore their content is no longer available on the Internet.
- Refunds of payments made by Backlinked to the participant are generally not possible.
- Refunds from the operator or responsible party of affected websites to the participant may be possible, as long as the conditions from §9.5 are met.
- Backlinked will in no case be liable for runtimes of published content in the media of the operators or responsible persons of affected websites. Backlinked will, however, review notifications of discontinued websites and in individual cases exclude less reliable websites.
- If an operator’s or responsible party’s website is often unavailable, Backlinked will review the facts and reserves the right to exclude the website of the operator or responsible party in question.
§ 19 Liability and claims for defects.
- Backlinked cannot guarantee business as well as sales via Backlinked App to anyone.
- Backlinked is not liable for the accuracy and completeness of the content of the information and declarations provided by participants, as well as solvency of participants. Backlinked is also not liable for the quality and usability of the offered article publication.
- Backlinked is not responsible for the content shared by third parties through the Backlinked App and in relation to bookings possible or made through the Backlinked App. Backlinked is not liable for any damage caused by incorrect information provided by Participant. The Participant agrees that it publishes and discloses such content to other Participants at its own risk, and further agrees not to assert any warranty claims against Backlinked.
- Backlinked is not liable for breaches of duty by representatives or employees, if no essential contractual obligations, life-injuring damages, physical damages, or claims under the Product Liability Act are affected.
- Backlinked is not liable for damages caused by errors, delays or interruptions in transmission, by inaccurate content, loss or deletion of data, or by viruses, unless the damages were caused intentionally or by gross negligence on the part of Backlinked.
- Backlinked is not liable for technical malfunctions, unless they are caused intentionally or by gross negligence by Backlinked, or are due to force majeure.
- The parties involved are obliged to follow the existing laws. Each party involved must itself consider that the content of the affected websites and other media and the manner of publication is lawful. Backlinked is responsible to establish the contact between participant and operator or responsible person of concerned websites, but explicitly not responsible for the content published on the websites, the way of publication or the publication of other media in relation to concerned bookings. In unclear cases, it is recommended to seek legal advice.
§ 20 Storage option and inspection of the text of the contract.
By downloading or printing the terms and conditions, this information can be archived.
§ 21 Final provisions
- The law of the Federal Republic of Germany shall apply. Insofar as copies of these General Terms and Conditions have been made in languages other than German, only the German version shall be binding for all parties involved.
- Should any provision of these General Terms and Conditions be or become invalid, the validity of the remaining provisions shall remain unaffected.
- Participants agree to the above terms and conditions and undertake to inform the other authorized users thereof before the first use of the services to be provided, to refer them to these General Terms and Conditions and any amendments in an appropriate manner and ensure that the authorized users comply with the above terms and conditions.
- Backlinked reserves the right to change its Terms and Conditions at any time.