These are the general terms and conditions of Media Converter Flex as a project of Christian Mayr, An der Wiege 19, 86441 Zusmarshausen, Germany, hereinafter referred to as “Provider”.
Media Converter Flex is an application available for purchase through the platform-specific app stores that allows users to convert electronic files from one file format to another.
§ 1 General
(1) The following General Terms and Conditions apply to the business relationship between the Provider and the User as customer.
(2) Consumers in the sense of these terms and conditions are natural persons who conclude the legal transaction for a purpose that cannot be attributed to their commercial or independent professional activity.
Companies within the meaning of these Terms and Conditions are natural or legal persons or partnerships with legal capacity who, when concluding the legal transaction, act in the exercise of their commercial or independent professional activity.
Users within the meaning of these Terms and Conditions are both consumers and entrepreneurs.
Terms and Conditions. Deviating, conflicting or supplementary general terms and conditions shall not become part of the contract unless their validity is expressly agreed.
§ 2 Description of services and prices
(1) Media Converter Flex is an application that can be purchased via the platform-specific app stores and allows users to convert electronic files from one file format to another. All conversions from one file format to another are done locally on the device. At no time does Media Converter Flex transmit data to be converted to the Internet. The specific scope of services is determined by the respective service descriptions of the services offered by the Provider, which are an integral part of these General Terms and Conditions. Users can find a detailed service description in the descriptions of the respective App Store descriptions.
(2) A successful conversion of files cannot be guaranteed. File formats, media encodings and other technical specifications differ so greatly that it cannot be guaranteed that every file can be converted. Provider attempts to ensure that the Services are error-free; however, Provider cannot guarantee without exception that Users’ files or converted files will not be deleted or lost. The Customer is aware that the Provider cannot be held liable in all cases for failures of services regarding the conversion of the User’s file or storage of the User’s file or converted files. The Customer is also aware that the Provider cannot assume regular liability for the deletion of a User File or a converted file that has been stored or processed.
(3) It cannot be guaranteed that the converted media are functional. It is up to users to check whether the converted media are functional and usable for them. No liability is assumed.
(4) In this regard, the current prices indicated, if any, shall apply. The stated prices are binding. The prices include the statutory value added tax.
§ 3 General obligations of the user
(1) The User is responsible for ensuring that the technical requirements for using the Provider’s services are met, in particular with regard to the hardware and software used and compatibility with the usual browser software. The user should also take care of a backup of his computer system, in particular carry out a regular data backup and use an up-to-date virus protection software. The Provider is not liable for virus damage that could have been prevented by using appropriate software.
(2) When using the Provider’s services, the User shall comply with the applicable law of the Federal Republic of Germany and these Terms and Conditions. In particular, he is obligated to:
a) not to use the services of the Provider for the retrieval or dissemination of immoral or illegal content as well as pornographic and right-wing extremist content or content glorifying violence;
b) to observe the applicable laws of the Federal Republic of Germany and the U.S.A., in particular data and youth protection regulations as well as criminal law provisions;
c) not to violate the rights of third parties, in particular copyrights and ancillary copyrights, trademark, patent and other property rights as well as personal rights. In particular with regard to the use of copyrighted works, the user must take care of obtaining the relevant rights for the use himself, in particular he must obtain the necessary rights via GEMA or other copyright administration societies, insofar as rights have been transferred to such societies for administration;
d) offers whose advertising, offer or distribution violates industrial property rights (such as trademark, patent, utility model and design rights), copyrights and ancillary copyrights, as well as other rights (such as the right to one’s own image, rights to a name and personal rights); the offering of plagiarism is not permitted;
§ 4 Limitation of liability
(1) The provider assumes no liability for the uninterrupted availability of the servers as well as for system-related failures, interruptions and malfunctions of the technical equipment that are not within the sphere of the provider. In particular, the Provider shall not be liable for disruptions in the quality of the servers operated by the Provider due to force majeure or events for which the Provider is not responsible. These include, in particular, strikes, lockouts, lawful internal company industrial action and official orders. Furthermore, this also includes the complete or partial failure of the communication and network structures and gateways of other providers and operators that are required for the Provider’s own provision of services.
(2) In the case of slightly negligent breaches of duty, liability shall be limited to the foreseeable, direct average damage typical for the contract. This also applies to slightly negligent breaches of duty by the Provider’s legal representatives or vicarious agents. The Provider shall not be liable for slightly negligent breaches of immaterial contractual obligations. The provider is, however, liable for the violation of essential contractual legal positions. Material contractual legal positions are those which the contract must grant to the User according to the content and purpose of the contract. Furthermore, the provider is liable for the violation of obligations, the fulfillment of which enables the proper execution of the contract in the first place and on the compliance with which the user may rely. The aforementioned limitations of liability do not apply to claims of the User arising from product liability or in the event of intentional or grossly negligent breach of duty. Furthermore, the limitations of liability do not apply in the event of a breach of material contractual obligations or in the event of bodily injury or damage to health attributable to the Provider or in the event of loss of life of the User.
(3) The Provider shall not be liable for the loss of data and/or programs insofar as the damage is due to the fact that the User has failed to back up the data himself/herself and thereby ensure that lost data can be restored with reasonable effort.
(4) Furthermore, the provider is only liable for its own content on the website online-convert.com. Insofar as links provide access to other websites, the provider is not responsible for the third-party content contained therein. The provider does not adopt the external content as his own.
If the provider becomes aware of illegal content on external websites, access to these sites will be blocked immediately.
§ 5 Rights of the provider
All copyrights, trademark rights, or other protective rights to the website mediaconverterflex.com, the content, data, and other elements created by the provider are the exclusive property of the provider. Any rights of the users to the contents posted by them or transmitted to the provider remain unaffected by this.
§ 6 Applicable law, place of jurisdiction
(1) The law of the Federal Republic of Germany applies. The provisions of the UN Convention on Contracts for the International Sale of Goods shall not apply.
(2) If the User is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from this contract is the court responsible for the Provider’s place of business, unless there is an exclusive place of jurisdiction.
The same shall apply if the User does not have a general place of jurisdiction in Germany or if the User’s place of residence or habitual abode is unknown at the time the action is brought.
§ 7 Final provisions
Please note: These Terms and Conditions were first issued in the German language. This page is a translation from German into English.