General Terms and Conditions of Business of Futures-Services Fachverlag für Datenübertragung GmbH

1. Primary notes and Application

Futures-Services Fachverlag für Datenübertragung GmbH (below called Futures-Services GmbH) operates websites on which our customers information and services., auf denen sie Unternehmen Informationen und Dienstleistungen anbietet. Only legal persons can be contract partners. Users of the websites: www.futures-services.com www.futures-services.de www.futures-services.net mobile.futures-services.com are not consumers in the general term. With the use of our websites the user/customer/contractual partner (below called user) approves of and agrees to our General Terms and Conditions. These are accepted also by making partial use of a webpage, i.e. as soon as the webpage is called up in a stationary or mobile web browser. Contractual complements on the use of additional services which require registration with Futures-Services GmbH, become legally effective as soon as the user has succesfully logged in with Futures-Services GmbH. Registration is successful upon confirmation on the website of Futures-Services GmbH, by e-mail, mail or telephone. Terms and conditions of the user that conflict with or deviate from these Terms and Conditions will not be recognised by Futures-Services GmbH, unless we have expressly agreed to them in writing. These General Terms and Conditions are also valid for any other contractual relationship with Futures-Services GmbH, e.g. for the use of payable services even if not particularly pointed out. Futures-Services GmbH is entitled to commission the performance of its services in part or in whole to third parties. Should this be the case, the current terms and conditions apply. Futures-Services GmbH reserves the right to make changes, amendments or modifications, in whole or in part, of these General Terms and Conditions at any time. Our users will be informed in good time of any changes to existing contractual relationships by e-mail or by post. Our customers shall be granted the right to terminate the contract within 6 weeks upon notification of the amended terms and conditions. After this period, the contractual relationship continues on the basis of the amended terms.

2. Scope of service
Futures-Services GmbH runs an internet platform offering stock exchange quotes, news, prices and more on the oil market. After you have successfully logged on to our site you may roam freely on the activated pages. Data collection and transfer is done with the necessary journalistic duty of care and speed. All information, data and comments are obtained from sources the publisher and author deems reliable. Please note that we do not give any buy/sell recommendations. The user is entitled to terminate the contract without giving any reason any time within the period of notice. The termination shall only be accepted by Futures-Services GmbH if made in writing and received not later than four weeks prior to the expiry of the contract. Futures-Services GmbH offers its services exclusively to businesses. The use of our service is expressly excluded for private persons. By registering, the user engages to use our service for his/her own companie’s purposes. Additional licences and mobile application are linked to the respective main licence and must not be used elsewhere.

3. Prices and payment terms
For all services and products, please refer to the prices on our website. Futures-Services GmbH reserves the right to adjust its prices. Notification of any change in prices will be published on our website one month prior to their coming into effect. The new prices will be charged with the subscription invoice following their publication. Payment can be made by bank transfer, account-only cheque or direct debit authorisation at the beginning of each subscription term. Other means of payment are not accepted. Offsetting of payments is only admissible where counterclaims have been established by due legal process or have been acknowledged by Futures Services GmbH in writing.

4. Data usage and data protection
Futures-Services GmbH observes legal data protection regulations at all times. The user declares his/her consent with the electronic storage of his/her personal information. Futures-Services GmbH shall be authorised within the scope of the contract purpose, to pass on user data to our collections agency, if this should become necessary. In order to avoid misuse and fraud, Futures-Services GmbH is entitled to store the IP addresses of its users.

5. Liability
Futures-Services GmbH is unable to accept any liability for the topicality, correctness or completeness of the information and data provided, nor for a possible misuse of these data. The exemption of liability also applies for any damage caused by errors, external suppliers, data providers and by the interruption of the internet connection. The exemption of liability only applies if Futures-Services GmbH has not acted grossly negligent or intentional. Futures Services GmbH expressly refuses any liabilities for economic, physical or immaterial damages that may occur from using or not using its services. All our services are not binding and subject to alteration without notice. Futures-Services GmbH strives to guarentee ethical business standards for its services but is not responsible for the continuous accessibility and usability of its website. Liability for technically caused malfunctions or a delay in data transmission is excluded. We shall not be liable for damages arising directly or indirectly from the sale or purchase of physical oil products or market transactions based on the information provided by Futures Services GmbH. Futures-Services GmbH explicitly reserves the right to modify, supplement or delete in part or in whole, the information provided without special prior notice, or to stop operating the website temporarily or definitely. Futures-Services GmbH assumes no liability for unauthorized access of personal user data by third parties (e.g. by an unauthorized access to our programme). Futures-Services GmbH shall not be obliged to verify contents, image files, comments or like of the internet users, but reserves the right to do so and to amend or delete any contents that have proved to be incorrect or false. Neither does Futures-Services GmbH assume liability for any hyperlinks, postings, blogs, discussion forums and mailing lists made by third parties. Hyperlinks leading to websites with illegal contents will be deleted as soon as we have aquired positive knowledge of its contents.

6. User obligations and responsibilities
The users are solely responsible for any information provided about themselves and guarantee that the information given is correct. With his registration with Futures-Services GmbH the user guarantees to use our services exclusively for his own purposes and to treat with strictest confidence any personal details of other users and any information provided by us. The nongratuitous or gratuitous transmission of information provided on our website to third parties is prohibited, unless otherwise agreed in writing. In this context “third party” includes employees and branches of the same company based at another location. “Third party” does not include Futures-Services GmbH and its members and staff. The user is obliged to keep Futures-Services GmbH free of any costs, damages, losses, lawsuits or other claims which might occur with his registration or the use of our services. In detail the customer is obliged to keep away from the editor any liability, all sorts of obligations, expenses and claims, which could occur by damage because of insult, slander, violations of personal rights, for not accomplished customer services and damage of immaterial goods and other claims. The indemnity bond also refers to the costs arising for the defense of such claims. The user is obliged to handle e-mails and other messages from other users confidentially and to make them available to third parties only with express prior consent of the sender. This applies particularly to names, telephone and fax numbers, e-mail addresses, prices, special agreements and url’s. Furthermore, the user undertakes not to misuse our services, in particular not to - spread deformed, obnoxius or otherwise illegal material or information such as sexually explicit, obscene, racially or ethnically offensive contents - to harass or threaten other users, or to infringe upon the personal rights of third parties - not to upload any material which is infected by a computer virus or which is protected by copyright, unless the user is owner of the applicable rights or has the required permission to use such material and possible damages are excluded - to use our webwsite in any way that negatively affects the availability of our services for other users of Futures-Services GmbH - not to intercept or attempt to intercept e-mails and other messages of third parties. Important: Failure to comply with these obligations may lead to the termination of a contract without notice and can subject the user to civil proceedingts and fines A user who transmits or distributes nongratuitous or gratuitous (access-)data that came to his knowledge by using the Futures-Services website without a written permission, commits himself to the payment of a contractual penalty in the amount of 10.000,00€ for each proven culpable violation. Other claims for compensation remain unaffected.

7. Copyright
Futures-Services GmbH endeavours to observe the copyright of third parties in all its internet services. Therefore Futures-Services GmbH reserves all rights for any self-provided contents of its webpages. Reproduction, copying or use for public disclosures in any form is excluded without the prior written consent of Futures-Services GmbH.

8. Place of Jurisdiction and Performance and Severability Clause
For our General terms and conditions as for all business relations provided hereunder, the laws of the Federal Republic of Germany shall be exclusively applicable insofar as the customer is not a consumer in the general term. The UN sales convention shall not apply. The place of performance and jurisdiction with regard to any disputes incl. a lawsuit on the existence or inexistence of a contractual relationship, shall be the legal business domicile of Futures-Services GmbH in 97941 Tauberbischofsheim. Should individual provisions of these general terms and conditions prove to be ineffective or void in part or in whole, the remaining provisions continue to remain effective and binding. The contractual partners agree to stipulate a provision that comes closest to the meaning and purpose of the ineffective or void provision.

Widerrufsbelehrung
The user has the right to cancel his declaration of intention as regards the conclusion of contract without giving reasons within 14 days with Futures-Services Fachverlag für Datenübertragung GmbH, Mörikeweg 2-4, 97941 Tauberbischofsheim. This must be done in writing by either telefax message, email or by post. The term commences one day after the customer has taken notice of these instructions. Timely despatch of the revocation satisfies compliance with the time limit. With an effective revocation, the mutually received services are granted back. Futures Services GmbH will charge any services already received by the user. The right of revocation expires early if Futures-Services GmbH has started its services before the end of the revocation term with the explicit agreement of the user or when the user has himself disposed the implementation, e.g. by login on our sites or download.