§ 1 General
The use of the internet services of My|BusinessLocation, Hinzistobel 14/3, 88212 Ravensburg (hereinafter referred to as MBL) by municipalities, districts and states located in Germany or their companies, private providers of commercial space and commercial users of the Business Location Explorer © (hereinafter referred to as users) is based on these General Terms and Conditions.
By clicking the registration button, you have agreed to the inclusion of these General Terms and Conditions in the user agreement. Conflicting regulations of the user are not valid unless they arise directly from mandatory law.
§ 2 Subject matter of the contract
a) Location profiles and commercial area profiles
The service owed by MBL consists of providing the user with a database-based input mask for the creation of a location profile or commercial area profile (advertising function) and thereby enabling the location profile or commercial area profile to be accessed by companies and investors (search function). Location profiles within the meaning of these terms and conditions are descriptions of business locations in Germany generated on the basis of the data entered by the user. Commercial area profiles within the meaning of these terms and conditions are descriptions of commercial areas or commercial properties in Germany generated on the basis of the data entered by the user. After successful registration, the user has the option of creating a location profile or commercial area profiles. MBL only provides the technical requirements for the transmission of information in the form of databases. MBL has no influence on the content of the location profiles or commercial area profiles. Exceptions to this are statistical data and automated distance calculations, which are maintained centrally by MBL. MBL obtains these statistical data from various public institutions (e.g. Federal Statistical Office, state statistical offices, Federal Employment Agency).
The presentation and range of functions may vary depending on the type of use (mobile version or desktop version) as well as the browser type and version. The user has no right to a specific form of presentation or specific functionalities. MBL reserves the right to make technical improvements and to permanently maintain the internet services.
The user can edit, publish and withdraw the location profile or commercial space profile from their user account at any time. MBL offers companies and investors the opportunity to carry out a location analysis using individual filter and sorting criteria in order to identify an individually suitable business location or commercial space in Germany.
b) Business Location Explorer ©
The service owed by MBL consists of providing the user with a database-based web browser application (Business Location Explorer ©) in order to identify suitable locations based on statistical, geographical and calculated data (search function). After successful registration, the user has the option of using the Business Location Explorer ©. The basic location profiles of all politically independent municipalities in Germany maintained by MBL with the aforementioned statistical, geographical and calculated data form the basis for the Business Location Explorer ©. MBL obtains this statistical data from various public institutions (e.g. Federal Statistical Office, State Statistical Offices, Federal Employment Agency). Distance information (e.g. distance to the motorway) is automatically calculated using a mechanism developed by MBL. MBL also offers the user the option of downloading the results of the search function, including the general contact email addresses of the municipalities, in Excel format. MBL obtains the general contact email addresses from the municipal websites. The user undertakes to use the general contact email addresses exclusively for commercial purposes and for specific commercial space requests. The use of the general contact email addresses for other purposes, in particular for direct advertising, is expressly prohibited. MBL endeavours to provide the user with current and correct data but MBL does not guarantee for the accuracy and timeliness of the data and general contact email addresses published by MBL.
The presentation and range of functions may differ depending on the type of use (mobile version or desktop version) as well as the browser type and version. The user has no right to a specific form of presentation or specific functionalities. MBL reserves the right to make technical improvements and to permanently maintain the Business Location Explorer ©.
§ 3 Registration, prices and contract period
The use of MBL by a user requires a successful registration on MBL. The function of creating and managing the location profile and the commercial space profiles or the search function of the Business Location Explorer © is automatically activated for the user after successful registration. At the same time, the user agreement regulated here comes into force. The registration of a user establishes the obligation to pay the agreed user fee. The user fee is based on the valid service overview, which is the subject of this user agreement.
The period of the user agreement for the contractual object described in §2a is at least 12 months. It begins with successful registration and ends after 12 months. The user agreement is automatically extended for a further 12 months unless it is terminated by one party with one month's notice to the end of the contract period. Termination must be made in writing (by post or email). Upon termination of the user agreement, all of the user's entries will be deleted.
The period of the user agreement for the contractual object described in §2b depends on the service package that the user selected during registration.
- Limited access: The period begins with successful registration and ends automatically after 1 month.
- Unlimited access: The term begins with successful registration and ends after 12 months. The user agreement is automatically extended for a further 12 months unless it is terminated by one party with one month's notice to the end of the contract period. Termination must be made in writing (by post or email).
§ 4 Adjustment of contractual conditions
MBL reserves the right to change the terms of the contract with effect from the next extension period. MBL will inform users of this at least six weeks before the change takes effect. In the event of a change to the terms of the contract, the user has the opportunity to object within four weeks of receiving notification of the contract adjustment. The objection must be sent by email to info@my-business-location.com or by letter to My Business Location, Hinzistobel 14/3, 88212 Ravensburg. Otherwise, the terms of the contract are deemed to be approved.
§ 5 Entry of data
The data requested from the user during registration as well as all information in the location or commercial space profiles are truthful, error-free, suitable for publication and - if marked as mandatory - must also be provided in full. The user is liable for the accuracy of the content of his location profile or commercial space profile. Excepted from this are the statistical data mentioned in §2, which are published by MBL.
MBL is not liable to the user in connection with damages resulting from incorrect or outdated content and claims made by third parties in this regard.
The user guarantees that the content he posts does not violate applicable law, official prohibitions, public order or the rights of third parties or damages MBL's reputation in any way. The responsibility for the content of his own location profile or his own commercial space profiles lies with the user, who releases MBL from all claims by third parties. MBL reserves the right to delete the location profile immediately in the event of one of the aforementioned violations or to deactivate it until the legal status is restored.
Excessive and random capitalization and punctuation are not permitted, as are URLs to external websites that have no connection with the location or commercial space.
In the event of a violation of these terms and conditions, legal regulations or the rights of third parties, MBL may impose sanctions, such as deactivation of the location profile or commercial space profile or termination of the contract.
§ 6 Grant of rights
The user grants MBL the necessary rights of use for the purposes of contractually fulfilling all of MBL's obligations. These primarily include the right to use, edit (digitize), publish and distribute the content and data posted by the user.
§ 7 Limitation of Liability and Warranty
MBL assumes no liability for the content of the location profiles or commercial space profiles entered by the user and is not responsible for the timeliness and accuracy of the data. The user is liable for the content he or she posts. If MBL is held liable for a violation of the law or a violation of these terms and conditions, the user must indemnify MBL against claims. This indemnification includes reimbursement of the costs of the necessary legal defense, including all court and attorney fees incurred by MBL. There is no obligation to indemnify if the user is not responsible for the violation of the law. In addition, MBL assumes no liability for the timeliness and accuracy of the data posted by MBL itself (data from the basic location profiles and commercial spaces). However, MBL endeavors to provide the user with current and correct data.
If the user is entitled to statutory warranty claims, MBL is initially entitled to make improvements. The improvements consist of the corresponding extension of the user's period of use.
In cases of force majeure (lawful industrial action, official measures, failure of communication networks, line disruptions outside the sphere of influence of MBL), MBL is released from its obligation to provide services for the duration of these circumstances.
MBL is liable for all damages resulting from injury to life, body or health that are based on a negligent breach of duty on the part of MBL or an intentional or negligent breach of duty by a legal representative or vicarious agent of MBL, as well as for other damages that are based on an intentional or grossly negligent breach of duty on the part of MBL or on an intentional or grossly negligent breach of duty by a legal representative or vicarious agent of MBL, but for any fault in the case of damages that are based on a breach of essential contractual obligations. Any further liability for damages, regardless of the legal basis, is excluded. Liability for damages due to the lack of guaranteed properties and under the Product Liability Act remains unaffected.
§ 8 Data protection
MBL's data protection regulations apply. MBL uses so-called cookies to optimize the scope of services. Further information can be found in the data protection regulations.
§ 9 Changes to the scope of functions, maintenance work
MBL reserves the right to change the range of functions of MBL and its design within reasonable limits. In order to ensure the functionality and security of the internet service, MBL also reserves the right to carry out regular maintenance work. This may result in a temporary restriction on the ability to enter or access locations or commercial areas or the Business Location Explorer ©. MBL takes the legitimate interests of the users into account. MBL will inform all of the above, as far as technically possible, by providing appropriate information in advance. Unforeseen system failures may also occur for technical reasons. The user is not entitled to withdraw from the contract in the event of any of the above circumstances.
§ 10 Final provisions
The law of the Federal Republic of Germany applies. The place of jurisdiction for all disputes arising from the business relationship is Ravensburg. The invalidity of individual provisions of these terms and conditions does not affect the validity of the remaining provisions. The parties undertake to replace the invalid provision with an agreement that most closely corresponds to the economic interests of both parties. The same applies in the event of a regulatory gap.
Provider identification
My|BusinessLocation
Thomas Leibold, Inhaber
Hinzistobel 14/3
D-88212 Ravensburg
E-Mail: info@my-business-location.com
Internet: www.my-business-location.com
Status: July 2024