General Terms and Conditions (GTC)   § 1 Scope of Application We are Daniel Botz & Daniel Puschina GesbR (civil-code company). You can buy one or more Tilets. A Tilet is an advertising space with a resolution of up to 24x24 pixels which is displayed on our website. The number of Tilets which are sold is limited by an amount of 20,000. We offer Basic Tilets and Premium Tilets. By purchasing one (or more) Tilet(s) you solely acquire the right that your Tilet(s) will show the graphic which you provided to us. The Tilet(s) is/are displayed on the position which you select. We will then display the Tilet on our website. The website will be online at least until January 31, 2011, and therefore your Tilet or your Tilets will be shown until this time. You shall not acquire or attain any other rights, whatsoever, with respect to us by purchasing one or more Tilet(s). The design of the car and of the overalls on our website have only symbolic character and do not correspond with the real objects. Tilets will be displayed on our website in the way you designed, authorized and loaded them up to our “Tilet Configurator”. Changes afterwards are not possible. We shall have no liability what sosoever for the display chosen by you. For displaying your Tilet(s) on our website, we are entitled to reduce the resolution to 24x24 pixels per Tilet to optimize the performance of our website, if applicable. § 2 Entry into Agreement These General Terms and Conditions (GTC) shall be applicable to all agreements between you and us and shall govern the agreement between you and us; the GTC form an integral part of the agreement between you and us. We recommend you to print these GTC. Prior to the entry of an agreement you must confirm that you have agreed upon these GTC. The agreement is entered into by your confirmation of the purchase of a Tilet and by delivering of the graphic display by you. We will perform our services within 2 days at the latest after the entry of the agreement. You confirm and accept explicitly by the entry of the agreement this start of our performance. The right of withdrawal from this agreement shall therefore be excluded. Pornographic, racist, discriminating or other offensive displays or displays which are contrary to the law, in what kind so ever, and all links to other websites, with such contents will be deleted and removed from our website as soon as we get knowledge or information of these facts without any prior notice. In such case you shall have no right for any repayment of the purchase price or any other rights against us. In such case we shall also be entitled to offer such Tilets again for sale. We further retain the right to withdraw or cancel this agreement with you, without giving any reasons or to reject to enter into an agreement with you. In such case we will contact you by e-mail to the e-mail address given by you. In such case we will refund the purchase price paid by you minus a manipulation fee in the amount of EURO 10.00 per Tilet. § 3 Legal Responsibility You shall be exclusively and solely responsible for the content of the Tilet or the links. You shall be exclusively liable for the legitimacy, the correctness of the content and for all breaches and legal violations against copyrights, other intellectual property rights or any other rights of third parties and breaches against applicable law what kind so ever. You therefore guarantee to us that the content of your Tilet(s) and the content of the website(s) linked do not violate applicable law and do not breach any prohibitions provided for by law or by any other authorities and do not violate morality or good customs. In case of a breach or a violation you shall keep and hold us indemnified against all claims and damages what so ever. In case that a special identification of labelling provisions exist in connection with your Tilet(s) or the linked websites you shall notify us in advance. We shall be entitled but not obliged to inspect and control the content of the Tilet(s) and shall be entitled to remove them in case of a violation of the law or morality (see § 2). As mentioned, in such case our rights for remuneration shall be fully in force. § 4 Representations and Liability We solely represent that the Tilet(s) purchased by you will be displayed online on our website, provided that the graphic display provided by you can be realised on our website. We do not represent or guarantee any success or profit of the project. We shall not be liable and do not represent anything in case that our server or our website will break down temporarily for what reason so ever (even in case of force majeure). In such case, we will use all our organisational and technical efforts in order to re-establish our website as fast as possible for us. However, our rights for remunerations shall be fully applicable and any reduction of the purchase price shall be excluded. We shall only be liable for gross negligence or wilful misconduct. All claims regarding representations and/or damages shall be limited by the amount of the purchase price paid by you to us. Our liability for the content of links and websites linked to our website shall be excluded. § 5 Miscellaneous, Jurisdiction and Venue, Severability Amendments, additional agreements etc. shall only be binding in written form. This shall also apply for the waiver of this provision. This agreement between you and us shall be governed only by material Austrian law. The applicability of International Private law and the UN-Convention on the Sale and Purchase of Goods shall be excluded. Place of delivery and execution shall be Vienna, Austria. All disputes between the parties which arise from these GTC and any agreements resulting thereof or in connection with the purchase of the Tilet(s) shall be taken to the court having subject-matter jurisdiction in Vienna – Inner Circle. If any term or provision of this agreement or these GTC is held invalid or unenforceable in any jurisdiction, this shall not affect the validity or enforceability of the remaining terms and provisions of the GTS or effect in the invalidity or enforceability of any of the terms of provisions. By purchasing one or more Tilets you shall have no rights or acquire any rights with respect to our website, homepage, logos, texts, videos, pictures, music etc. All such rights shall remain with us and in our sole property. Any breaches or violations of such rights by copying, re-producing etc. will be processed before courts. § 6 Data Protection The security of your data transferred and provided to us is very important for us. In case of misuse of credit cards we ask you to contact the issue of your credit card in accordance with § 31a Konsumentenschutzgesetz (Consumer Protection Act). By entering into this agreement you agree that we shall be entitled to receive, collect and save your personal data and that we are entitled to use and process such data for the performance, execution of this agreement. Furthermore, you agree that other legal entities which are held or controlled by us shall be entitled to use and save the processed and saved data in case this is necessary for the performance and execution of this agreement and/or the financial transactions via PayPal. Personal data is data such as the name, the address, user name, ID and IP-address. You also agree that we can use your personal data for our marketing measures such as for sending e-mails with general information or marketing information and that we can use such data and process it. You confirm that you can every time terminate such use of data by sending us an e-mail. You further agree that we are entitled to select, process and use the data in order to document cases of misuse or abuse or to stop such misuse and abuse or in case of any law breaching or violating the provisions of this agreement.       © 2006 Daniel Botz & Daniel Puschina. All rights reserved.