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Insider Agency GmbH
Hundsmühler Str. 180
26131 Oldenburg, Germany

Acknowledgment:
By using the insideragency.com website and its partner websites (hereinafter referred to as InsiderAgency.com) the user acknowledges the General Terms and Conditions of Insider Agency as binding.

1. Validity

   1. The subsequent General Terms and Conditions are valid between Insider Agency and client (hereinafter referred to as "client" or "user").

   2. The General Terms and Conditions shall be valid within the scope of an existing business relation even in the event that they have not been referred to in particular during an individual transaction.

   3. These General Terms and Conditions, and exclusively these, shall apply to all clients of the services by Insider Agency, even in the event that the service is used or accessed from outside the Federal Republic of Germany. Any overruling terms and conditions on the client’s part shall not be acknowledged.

   4. Insider Agency supplies and performs exclusively at the terms and conditions detailed hereinafter.

   5. Certain performances may be determined by independent agreements to be concluded on the basis of these General Terms and Conditions.

2. Subject Matter of the Agreement

   1. The subject matter of the agreement are services, gratuitous as well as subject to fees. Before using a service subject to fees the client shall be warned that the service has to be paid for and to how much the fees shall amount.

   2. Description of the Service

      1. InsiderAgency.com is an intermediary platform for events and guided tours in the field of city tourism.

      2. InsiderAgency.com consists of contents compiled by Insider Agency or placed at its disposal by third parties.

      3. Insider Agency explicitly does not arrange or procure

         1. Accompanying or escorting services.

         2. Any services with regard to sexual interest.

         3. Immediate brokage of private relationships or marriages.

         4. Any kind of long-term and recurrent contractual service.

3. Registration

   1. A registration is required to enter client profiles and to contact registered clients by e-mail. The registration shall be executed and become effective upon confirmation of the General Terms and Conditions by the user. There is a special entry field intended for this purpose, which the user has to select to be registered.

   2. Upon registration the user shall receive a confirmative link sent to him via e-mail in form of a hyperlink and of a complete Internet URL (uniform resource locator). The use of the confirmative link shall constitute the positive declaration of intent with regard to the confirmation of registration.

   3. Insider Agency has the right to refuse admission to membership or terminate membership, without giving reasons in any event.

   4. In the event of changes in the user's registration details the entries may be re-edited by the user in the client account.

   5. The user declares himself willing to enter his contact details (e.g, telephone number(s) and / or e-mail address(es)) only in the fields intended for these purposes.

   6. By registering the user agrees to receiving via e-mail information and offers by InsiderAgency.com which are connected with the InsiderAgency.com service.

4. Scope of Service

   1. The user provides, at his own expense, all software and hardware required to access the services.

   2. Insider Agency does not warrant that its systems and services are available without interruption.

   3. Insider Agency reserves the right to improve performance and services at any time. Routine changes of the contents are included in the services and do not constitute an alteration of performance.

   4. Insider Agency reserves the right to interrupt the service in order to eliminate faults and perform maintenance work.

   5. Insider Agency reserves the right to alter, delete, or block any user’s contributions or contents placed at the disposal of the server or propagated in violation of the user’s obligations. This shall also apply to any suspicion of a violation. As a prerequisite to transferring contents to Insider Agency the user shall guarantee that he is the owner of all rights to the contents transferred, or that he has acquired the owner’s rights required for the transfer.

   6. With InsiderAgency.com, Insider Agency only provides an intermediary platform where users may enter and select personal profiles for tourist events and guided tours. Insider Agency does not warrant procurement. Procurement shall be left to the users according to their own agreements.

   7. Clients intending to use InsiderAgency.com commercially shall first contact Insider Agency in writing and describe precisely the nature of their business. Any commercial use of InsiderAgency.com without written consent by Insider Agency is prohibited.

   8. The following services are subject to fees:

      1. The possibility to transfer (for a defined period) contact requests and news via news editor.

      2. Any commercial offers on InsiderAgency.com and its commercial use.

5. Accounting and Payment Conditions

   1. The fees to be paid and the other payment procedures for database release and other services on InsiderAgency.com which are subject to payment may be found on the websites of InsiderAgency.com.

   2. With regard to payments Insider Agency, among other methods, employs third-party firms to enable and carry out the settlement procedures between users and Insider Agency. There are additional General Terms and Conditions applicable to this, which shall be made available to the user on the websites of the third-party firm or of InsiderAgency.com before payments are settled.

   3. By using the settlement procedures the client acknowledges the respective General Terms and Conditions.

   4. Bank accounts without cover or false or incorrect details of a bank connection incur costs for Insider Agency which shall be borne by the party having caused them, and which shall be charged additionally to the fees. The costs range from EUR5.00 to EUR20.00 and shall be estimated by Insider Agency according to the individual case and resulting loss.

   5. Any amounts unsettled by users who, although reminded first, do not pay shall be called in by a collecting agency, together with further fees due to the collecting agency.

6. Terms of Use

   1. The user may above all not manipulate the service without authorization, or use the service for any contents which are pornographic, potentially harmful to children, of National Socialist nature, glorifying violence, racist or of a similar nature, or use the service for contacts of a sexual nature or any nature otherwise unrelated to the purpose of the business, or spread unsolicited mass consignments.

   2. The user agrees not to transfer any contents to Insider Agency the presentation of which constitutes a violation of copyright or other third-party rights; not to advertise, or advertise for or draw attention to competitors, send chain letters or similar mail or offer products or services for sale; not to transfer any contents containing software, applications, programs or "viruses" which may affect or damage any functions of the hardware and software of Insider Agency or of other users; not to enter false details or such likely to be misunderstood when registering, or register by giving a false identity; not to falsify or delete any legends or sources from contents transferred by him to Insider Agency for presentation; not to insult, defame, harass or harm other users in any way, and not to give false bank connections.

   3. It is prohibited to use InsiderAgency.com as a profitable source of income without consulting Insider Agency. Any commercial use of InsiderAgency.com by companies shall require prior examination and written approval by Insider Agency. Any commercial use of InsiderAgency.com shall be applied for with Insider Agency and is subject to payment.

   4. The contents offered through InsiderAgency.com may be protected by copyright and / or by trademark rights or other protective privileges. Their use is subject to the present copyright laws and other protective laws. Their copying (also in excerpts), in particular for commercial use or advertising, requires prior written approval by Insider Agency. Any copying, distribution or publication of contents without prior written approval by Insider Agency is prohibited.

   5. In the event that the user infringes the conditions detailed in VI.1 - VI.4 and IV.7, he shall undertake to pay a contractual penalty of EUR2,000.00 to Insider Agency for every proved infringement. Any further claims for damages shall remain unaffected.The user may prove that Insider Agency has not suffered any loss or that a loss remains substantially below the penalty amount.

   6. Any participation in competitions or contests constitutes an option for the user. There shall be no prize claims against Insider Agency. Recourse to law shall be excluded.

   7. Insider Agency does not warrant that contents, programs, and / or other materials are fully marked with a copyright note.

   8. The user shall exempt Insider Agency from any claims asserted by third parties against Insider Agency arising from violation of their rights, in particular of copyrights or licensing, competitive or other protective rights, due to contents transferred by the user. The user shall make restitution to Insider Agency of any prosecution costs incurred to it due to the infringeing contents of the user. He shall, in any way within his power, support Insider Agency in averting all third-party claims due to his contents and hand over all documents required to defend Insider Agency.

   9. The user agrees that his contactability by communication systems (e.g., telephone and / or e-mail) is made available to paying users in order to enable negotiation.

   10. The user also agrees that, with regard to partnerships of Inside Agency, his advertisements shall be treated according to these General Terms and Conditions on the affiliated websites as well.

7. Commercial Use

   1. A user offering commercial products and/or services himself or in another company's or organization's name, is a commercial user.

   2. The registration requires the following:

      a. The commercial user confirms to consider and to abide the laws and regulations and especially the competition regulations being relevant for the country he offers his products and/or services for.

      b. The commercial user confirms to be allowed to use the name or title of his product/service (i.e. "guide", "tour guide", etc.) and/ or the specific description of his product/service and that he has the official authorization(s) or license(s), if required in the country or region he offers the product service for.

      c. The commercial user confirms, that he has the required authorization(s) or license(s) for products/services (i.e. transportation license, drivers license, etc.) being offered in combination with the initial products/services stated under VII. 2.b.

   3. Insider Agency reserves the right to demand a commercial user's authorization(s) or license(s) for activating the user registration. The demanded information has to be sent to Insider Agency at the expense of the commercial user.

   4. The commercial user is listed at InsiderAgency.com as well as in the partner network. The commercial user's profile differs visually from private (non-commercial) users' profiles.

   5. The commercial user may enter additional contact information in his profile, which enables communication outside InsiderAgency.com and the partner websites.

   6. The commercial use of InsiderAgency.com is for a valuable consideration.

   7. Insider Agency reserves the right to implement fees or to change the amount of the fees. The commercial user will be informed about that within a time limit of four weeks. Within that time limit both parties of the contract have the right of extraordinary cancellation.

8. Protection of Data Privacy

   1. Insider Agency warrants the protection of data privacy according to law.

   2. Within the scope of the legal regulations 5 and 6 of the "Teledienstedatenschutzgesetz" (TDDSG)², as well as of regulations 14 and 15 of the "Mediendienste-Staatsvertrag" (MDStV)³, Insider Agency has the right to inquire for, process and use personal and user data of the client, as far as they are required to establish, draw up or amend a contractual relationship with regard to the use of the service.

   3. In the event that Insider Agency uses or processes data otherwise than that, this shall be done only for the purpose of internal and anonymous evaluation.

   4. The users' e-mail addresses shall not be shown in public in order to prevent, as best as possible, unsolicited and junk mail or abuse.

9. Liability

   1. Insider Agency shall be liable only for intent and gross negligence. In the event that Insider Agency, or a party employed by it in the performance of its obligation, negligently violates a contractual obligation liability shall be limited to the foreseeable damage.

   2. Insider Agency shall not be liable for damages which may arise from faulty, delayed or interrupted transfer, or from incorrect contents, data loss or deletion, or from viruses or any other cause when using the online service, unless such damages have been incurred by Insider Agency intentionally or through gross negligence.

   3. Insider Agency shall not be liable for the correctness, grade, completeness, reliability, kind and quality, or credibility of the contents presented. Insider Agency explicitly refuses to take any responsibility with regard to contents transferred by third parties. Insider Agency shall not be responsible either for the contents of other homepages to be reached through links set by itself or by other users. The user agrees that he shall use the contents contained on InsiderAgency.com at his own risk, rely on these contents at his own risk and assert no warranty claims against Insider Agency due to third-party contents. The user undertakes to exempt Insider Agency from any liability and obligations, expenses and claims arising from damages due to slander, insult, violation of personal rights, users' loss of services and violation of intangibles or other rights.

   4. Insider Agency shall not be liable for technical faults the causes of which are outside the responsibility of Insider Agency, and furthermore not for damages due to force majeure. Insider Agency shall not be liable for any agreements not concluded between users, with particular regard to events, guided tours, private transport, public transport and accomodation.

   5. The user shall be liable for all damages caused by him; also for all damages resulting from violation of the obligations stipulated by these General Terms and Conditions.

   6. Insider Agency shall not be liable for events, guided tours, meetings or private and public transport which have or which have not taken place, or for any consequences resulting from this, or for any agreements concluded between users.

10. Duration, Termination

    1. The membership as a private user or a commercial user shall run for an indeterminate period.

    2. The duration of the database release, which is subject to payment, shall be set by the respectively current offer on the websites of InsiderAgency.com or on the affiliated websites.

    3. Any membership shall be terminated in writing and the termination shall be effective upon reception. Any notice of termination shall be addressed via e-mail to: .

    4. Any claims for a proportionate refund of payment in the event of expulsion by Insider Agency due to one or several infringements or actions for which the user is responsible (non-use of the service, etc.) shall be excluded.

11. Amendments

    1. Insider Agency reserves the right to amend its General Terms and Conditions with regard to its interest.

    2. Insider Agency shall inform the users about the amendments.

    3. The parties to the contract have not made any verbal agreements. Any supplements or amendments of the agreements concluded shall be made in writing. Any renunciation of the written form shall moreover be excluded.

12. Saving Clause

    In the event that one of the stipulations of this agreement ceases to be valid or is, or becomes, unenforceable the parties are obliged to replace the invalid or unenforceable stipulations by other, valid or enforceable stipulations which are, with regard to financial success, so closely related to the invalid or unenforceable stipulations that it has to be reasonably assumed that the parties would also have concluded the agreement with this clause. In the event that such a solution cannot be found the fact that one or several stipulations of the agreement is or are invalid or unenforceable shall not affect the validity of the agreement as a whole, unless the invalid or unenforceable stipulations are so substantial to the agreement that it has to be reasonably assumed that the parties would not have concluded the agreement without the invalid or unenforceable stipulations. Any loophole in the stipulations shall be handled respectively.

1. Security Guaranty

   Insider Agency is very much concerned to protect the data entrusted to us by you from any unauthorized access.

2. Anonymity

   You draw up a personal profile with Insider Agency under an alias. Your e-mail address remains secret to other members. Contacting will take place through the internal mail box. Your identity remains protected unless you disclose it to other members yourself.

3. Data Security / Data Protection

   1. The security and protection of the data of its users are of special concern to Insider Agency. Insider Agency undertakes to comply with the legal provisions with regard to data protection, in particular the "Bundesdatenschutzgesetz" (BDSG)¹ and the "Gesetz über den Datenschutz bei Telediensten" (TDDSG)².

   2. Personal data are inquired, saved, processed and used within the scope of contractual service performance. Personal data are data which contain information about the personal and material circumstances of an identified or identifiable user.

   3. The user agrees that Insider Agency may use the personal data of his profile (e.g., age, sex, zipcode, telephone number, evaluation results of his data, image, etc.) for the research and analysis in order to improve our service and to design the services according to users' needs.

   4. The user agrees that any data of his profile that are visible to other users of InsiderAgency.com, including alias, interests, motto, photo, age, zipcode, etc., are forwarded to e-mail addresses of other users or published by mobile applications such as UMTS or SMS, in order to enlarge the target group for his profile.

   5. The user furthermore agrees that the personal data of his profile are forwarded to external service enterprises by Insider Agency for the exclusive purpose of sending e-mails and newsletters in the name and on behalf of Insider Agency, and to an external service enterprise for the exclusive purpose of enabling the operation of functions in the mobile telephone net, as well as to service enterprises for the exclusive purpose of contacting him for the presentation of services by Insider Agency.

   6. The personal filter settings entered by a user for the online area are saved. This ensures that any user will find his personal filter settings at every new session (at every new login). To this effect, Insider Agency applies the cookies commonly used for this. These cookies will be permanently saved to the user's hard disk by his browser.

   7. If a user accesses the services of Insider Agency through an affiliated website, the anonymized data will be saved in a cookie. These cookies do not contain personal data of the user but serve exclusively to maintain the partner's program. These cookies are automatically deleted as soon as the user has registered. Without registration the cookies will be deleted after 30 days.

   8. Insider Agency will draw up users' profiles using aliases and forward only anonymized users' data to other service enterprises whose teleservices the client has used, for the purpose of market research.

   9. According to TDDSG2, section 3, subsection 6 any user may object to the forwarding of anonymized users' data for purposes of consulting, advertising and market research. In order to enforce his right to object the user may send an e-mail to .

   10. At request of the user, Insider Agency will provide him at any time with complete and free information about the data saved, as far as they concern the user.

   11. At request of the user, Insider Agency will at any time delete all personal data of the user, unless these are required for the further performance of services on behalf of the user. In case the user exempts Insider Agency of all further services the personal data will be deleted without delay. In order to enforce his right of deletion of his data the user may send an e-mail to .

   12. Insider Agency wishes to notify the users that data protection for data transfer in open networks like the Internet cannot, at the present state of technology, be fully granted. Therefore the user has to take care of the security of the data transferred by him to the Internet himself.

   13. By registrating the user agrees his data may be used as described in the previous stipulations.