Nutzungsbedingungen
1. Allgemein
1.1. You are welcome to visit FestHortenz (the "Website").
Our email address: info@festhortenz.com
1.2. This Website provides information about third-party trading platforms ("Third-Party Platforms") and the services they offer (the "Services").
1.3. These Terms of Use govern your ("you", "your", or "User") access to the Website and Services. Please read these Terms of Use carefully before accessing the Services. They constitute a legally binding agreement between you and the Website owner. By using the Website, you accept these Terms of Use in full. They may be updated from time to time.
These Terms of Use incorporate our Privacy Policy. By accepting these Terms of Use, you also agree to our Privacy Policy. (Read our Privacy Policy here.)
2. Anspruchsberechtigung
2.1. Access to the Website is granted subject to compliance with these Terms and Conditions.
2.1.1. You must be at least 18 years of age.
2.1.2. You must have the legal capacity to enter into these Terms and Conditions.
2.1.3. The laws of your country of residence or the country in which you access the Services must not prohibit your use of the Website or the Services in any way.
2.2. We make no representations, warranties, or guarantees regarding the legality or use of the Services or the Website by any person. We accept no responsibility for any unlawful or improper use of the Website or the Services by users.
3. Restricted Access Territories
3.1. Regardless of the information provided, we reserve the right to restrict access to our Services and/or Website (or any part thereof) for: (i) users residing in restricted territories (the "Restricted Territories"), and (ii) users where we identify a regulatory, legal, or reputational risk.
3.2. We may also impose additional conditions before accepting users who are nationals of certain countries. If users travel to Restricted Territories, the Website or Services may be temporarily unavailable or blocked.
4. Verbotene Aktivitäten
4.1. By using our website and services, you agree to use them responsibly and to refrain from the following:
4.1.1. You may connect to and use our website to download, upload, share, publish, transmit, or send content. However, you may not transmit or send: (a) information or materials that infringe intellectual property rights, personality rights, property rights, or any other rights; (b) information whose publication or distribution is prohibited on grounds of threats, insults, defamation, libel, or racism; (c) information containing viruses or other software that could damage our computer systems or those of third parties, or content that blocks or restricts other users' access to the website; (d) information or materials that violate applicable law; or (e) information or materials containing advertising or other content for which our prior written consent has not been obtained.
4.1.2. Altering or removing any copyright notices, legal notices, labels, or proprietary designations on this website.
4.1.3. Access to the services must be obtained exclusively through the website.
4.1.4. Interfering with other users' access to or use of the website or services.
4.1.5. Accessing the website and/or its services using bots or other automated methods.
4.1.6. Uploading or transmitting — or attempting to upload or transmit — content that actively or passively participates in data collection or transmission mechanisms, such as web bugs, cookies, or spyware, without our express permission.
4.1.7. Using framing, mirroring, or similar techniques to replicate the appearance or functionality of the services.
4.1.8. Violating applicable laws or regulations, or facilitating or inciting unlawful activity, including trademark infringement, copyright infringement, defamation, privacy violations, identity theft, or the distribution of counterfeit software.
4.1.9. Altering or modifying the source code of this website, or uploading applications or software that could cause harm to the website or to third parties.
4.1.10. Disassembling, decompiling, or reverse engineering any technology or software present on the website or used to provide the services.
4.2. The provisions of this agreement apply in addition to any other rights available to us. If we determine that your use of the website is inconsistent with these Terms of Use or applicable law, we reserve the right to monitor your use of the website, restrict access, disclose your activity patterns on the website to third parties, or take other appropriate measures to protect the rights and property of third parties.
5. Geistige Eigentumsrechte
5.1. All website content — including text, images, logos, sounds, designs, trademarks, and other materials — is protected by intellectual property rights held by us or by third parties.
5.2. All rights, title, and interest in the services and the website remain with us. Use of the services or website grants no intellectual property rights beyond the right to use them as set out in these terms.
5.3. Access to the website and/or services is permitted for personal, non-commercial use only.
5.4. You may not permit third parties to modify, reverse engineer, decompile, copy, sublicense, or rent the services or the website, or create derivative works from them.
6. Haftungsbeschränkung
6.1. The website and services are provided at your sole risk. We make no warranties of any kind, express or implied, regarding the website, the services, or your use of them — including implied warranties of quality, merchantability, fitness for a particular purpose, non-infringement, accuracy, completeness, timeliness, or prompt delivery. All content and functionality accessible through the website is provided "as is", "as available", and "with all faults".
6.2. We accept no responsibility for errors, omissions, or inaccuracies in the information contained on the website, nor for disruptions or interruptions to transmissions to or through the services.
6.3. We are not liable for any losses incurred by you or any third party, directly or indirectly, in connection with the website or the services. You bear full responsibility for all decisions made based on information provided on the website and/or through the services.
6.4. We accept no liability for any loss or damage — direct, indirect, or consequential — suffered by you or any third party, including loss of income or data arising from your use of the website and/or the services. This limitation of liability applies to the fullest extent permitted by applicable law in the relevant jurisdiction.
6.5. We accept no responsibility for technical issues affecting internet or telephone lines, computer hardware, system servers, or any other infrastructure. We are not liable for any consequences arising from the use of the internet.
7. Third-Party Content and Services Our platform may display content or services provided by third parties, including external websites, tools, or data feeds. We have no control over and take no responsibility for third-party content, its accuracy, completeness, or availability. Accessing third-party services through our platform is at your own risk. We do not endorse, verify, or assume liability for any content, products, or services offered by third parties. Any transactions or interactions you engage in with third parties are solely between you and that third party. We recommend reviewing the terms of service and privacy policies of any third-party provider before engaging with their services.
When using our services, you may encounter content from third parties, including advertisements or reviews hosted on third-party platforms.
We take no responsibility for any third-party information or products referenced through our services. Such content may not always be current or accurate.
We recommend verifying the accuracy of any information before making decisions. You remain solely responsible for any decisions or actions taken based on that information.
8. Links
8.1. This website contains both advertising and content, including materials provided via third-party websites ("Links"). Before downloading, relying on, or accessing information, software, or other materials from these websites — or completing any purchase or transaction — we encourage you to exercise appropriate caution. These Links are provided solely for your convenience. We accept no liability for any damage or loss arising from the use of, or reliance on, information, products, or services made available through third-party websites or programmes.
8.2. The inclusion of hyperlinks on this website does not constitute endorsement, approval, affiliation, or any other form of support by us with respect to the linked websites, their software, or their administrators.
8.3. We have not reviewed all hyperlinks on this website and cannot be held responsible for the software or websites to which they refer. We expressly caution you before deciding to use, rely on, or purchase anything from these websites or applications. We accept no liability for any damage or loss arising from the use of, or reliance on, products, information, or content accessible through third-party websites.
8.4. It is your responsibility to review the terms of use and policies of any third-party website. We strongly recommend reading these before engaging with any third-party website.
9. Verschiedenes
9.1. We reserve the right to modify, suspend, or discontinue our services at any time. Such changes will not give rise to any claims against us.
9.2. These Terms of Use may be updated at any time. We will notify you by publishing the latest version and updating the date at the top accordingly. Changes take effect within a few business days. Continued use of the website following the publication of any changes constitutes your acceptance of those changes.
9.3. The user acknowledges and agrees that submitting information through or via the website does not create any relationship beyond what is expressly set out in these Terms of Use.
9.4. These Terms of Use and the Privacy Policy, each as amended from time to time, constitute the entire agreement between us and the user. Any other representations, statements, or agreements — whether oral or written — that are not contained in the Privacy Policy are legally binding on the parties.
9.5. Failure to exercise any right or power provided herein does not constitute a waiver of that right or power. A full or partial exercise does not preclude any further exercise of the same or any other right or remedy.
9.6. If any provision of these Terms of Use is found invalid by a competent court, the remaining provisions continue in full force and are interpreted as though the invalid provision had been excluded, while remaining consistent with the intent and purpose of the excluded clause as determined by the court.
9.7. These Terms of Use permit third-party partners to transfer or assign any rights and obligations, including the right to manage the website and all associated services, without restriction. You may not assign or transfer your rights or obligations under these Terms of Use.