General Terms and Conditions (Conditions) of txtr GmbH, Berlin

January 14, 2011

§ 1 Applicability

The following General Terms and Conditions apply to all business relations between txtr GmbH („txtr“) and its customers(„Users“) in the version applicable at the time of concluding the contract. Users’ conditions which deviate from theseConditions will not be accepted by txtr unless explicitly agreed upon in writing.

§ 2 Specification of Services

  1. txtr operates for business purposes the website http://txtr.com (the „txtr Website“). On this Website, Users have access to the areas txtr Store (the „txtr Store“) as well as txtr Platform (the „Platform“).
  2. txtr offers every User the possibility to download its application (the „txtrApp“) offered for certain mobile phones and comparable devices such as the iPad (the „Mobile Devices“) free of charge. The txtr App grants the User access to the txtr Store.
  3. On the txtr Store, the User has access to a catalogue with digital files of various forms, especially books, magazines and similar products. With the download of these products the User may obtain a license according to Section 4 et seq. of these Conditions or may download texts free of charge (the „E-Books“). On the Platform the User has, inter alia, the possibility to download texts free of charge and to upload and administer his or her own digital documents.

§ 3 Registration, Use

  1. 1. Prerequisite for the purchase of an E-Book or for an upload of his or her own digital documents on the Platform, is the registration of the User by creating an account on the txtr Website or via the txtr App (the “Registration”). Further functions and services available on the Platform and via the txtr App, in particular access to the txtr Store, may be used without a Registration.
  2. The Registration is free of charge. txtr is authorized to check or let check the data given by the User for plausibility and to refuse or revoke a Registration. The User shall provide true, up-to-date and complete information when registering and placing orders, and inform txtr immediately about changes of the data given.
  3. Upon the first Registration the User will receive a User ID and a password (the „Access Data“), which is necessary for future logins. The User shall organize his or her Access Data in a secure way, keep them confidential and notify txtr without delay if he or she loses the Access Data or suspects that third parties may have unauthorized knowledge of them. If through the negligence of a User, a third party uses the services of txtr on the basis of such Access Data, the User shall be personally liable for any damages incurred by txtr as a result. txtr shall not be liable for damages caused to the User due to abuse or loss of the User’s Access Data.
  4. On the occasion of the first Registration and with each future login after any changes of the Conditions, the User will be explicitly asked to accept these General Terms and Conditions as binding. If he or she rejects, the User cannot use those services, for which he or she needs a Registration.
  5. txtr provides its services to adult Users and to such minor Users who act with the consent of their parents or guardians.

§ 4 Contract conclusion via the txtr Store and Terms of Use

  1. 1. On the txtr Store, the User may obtain the right to use E-Books. The presentation of the range of products on the txtr Store represents a non-binding invitation to the User to order these products. The E-Books are classified by different categories. Each E-Book indicates its title, author and/or publisher, as well as the price, including V.A.T, optionally further information are available. The price is due and payable immediately upon ordering. txtr accepts only those forms of payment offered to the User within the context of the respective order. Payments by direct debit and credit card will be charged on the day of invoicing.
  2. In order to acquire an E-Book, the User shall select an E-Book and put it into his or her virtual cart. Before the acquisition the User shall register and/or login. With the registration and/or login the User gives his or her consent to the General Terms and Conditions and the data privacy statement. The payment method and the invoice address may be saved as future base setting. When continuing the acquisition, the User views the details of his or her order, in particular the total purchase price. The User may then submit the order finally and bindingly. Should a bank debit not be carried out or be returned, the User authorizes the Bank to inform txtr of his or her name and present whereabouts.
  3. The acceptance of the contract by txtr occurs with the immediate download of the E-Book on the User’s account or Mobile Device. The User obtains the download directly and does not have to activate it first. As soon as the download is made, the risk will pass to the User.
  4. As far as there are forcing reasons not to sell an E-Book the User will be informed about the unavailability. Payments already made will be reimbursed to the User without delay.
  5. The User can read the E-Books offered by txtr only by using an Adobe ID. The Adobe ID can be created online at Adobe (www.adobe.com/de). The creation of an Adobe ID is comparable to creating a User ID. The Adobe ID allows reading the selected E-Book on a certain number (six) of different devices. Security backups can be created by using the Adobe Software „Adobe Digital Editions“ and the Adobe ID. The User is responsible for saving the security backup copy. txtr does not assume any liability for any troubles of the Adobe ID; the User is obligated to address in such a case Adobe directly.
  6. When buying an E-Book the User will acquire the use licence as defined under Art. 5 (the „E-Book Licence“). The E-Book Licence will only be awarded on the condition that all claims against the User arising out of the order have been completely settled. The User is only entitled to set off counterclaims, which are undisputed or have been established by a court of law.

§ 5 Rights of use on E-Books and freely available files

  1. 1. The content of the downloads being distributed by txtr is protected by copyright. The User undertakes to agree and adhere to the copyrights. No copyrights, rights of use nor other property rights to the content will be transferred to the User unless otherwise stated in these General Terms and Conditions and/or in the Terms of Purchase and product descriptions shown when buying the E-Book.
  2. With the download the User acquires the simple, non-transferable right to use the offered E-Book only for private use according to the Urheberrechtsgesetz (German copyright Law). Before receiving full payment of the purchase price, txtr is entitled to revoke this right to use.
  3. In particular it is not allowed to change the content of the downloads or make editorial changes or to use modified versions, to copy the downloads for third parties, to make them publicly available or to forward them to third parties, to put them on the Internet or on other networks, to copy, resell or use them for commercial purposes.
  4. Upon downloading freely available files, the User shall obtain at the same time a free, non-exclusive, revocable, sub licensable right of use on these files, which is unrestricted in terms of quantity and territory.

§ 6 Services on the Platform

  1. 1. On the Platform, the User has the option to download freely accessible texts and software free of charge.
  2. The User may compile his or her own files and make texts accessible for certain Users. The disk space for uploaded content is limited for each User.
  3. A registered User may create his or her own profile and fill it with information about himself at his discretion.
  4. If the User loads content on the Platform according to paragraph 2 and 3, he or she expressly consents to Section 7 et seq. of these Terms and Conditions.
  5. The services of the Platform are nongratuitous. txtr offers different rates, for which the User has to conclude separate User contracts.

§ 7 Lawfulness of Multimedia Content

  1. 1. txtr only provides the necessary disk space for and access to the content which is uploaded by the User. The User shall be solely responsible for the content uploaded by him or her to the txtr Platform. The User shall ensure that such content does not violate any applicable laws and statutory provisions, public policy and, in particular, the rights of a third party (naming, privacy, copyright, data protection, etc. rights). In particular, the User undertakes not to upload any content that violates provisions of the Criminal Code, the Interstate Treaty governing the Protection of Minors in the Media (JMStV) or laws governing firearms. The User shall refrain from uploading any content containing pornographic material or content that glorifies violence or incites violence and hatred, the User shall refrain from inciting criminal acts, providing instructions on how to commit criminal acts and providing, or causing to be provided, services that involve pornographic and/or erotic content. The same shall apply to the transmission of e-mails.
  2. Furthermore, the User shall not upload content or comments onto the txtr Platform that insult, defame, harass or otherwise damage other Users.
  3. The User shall not transmit data or store data on a data carrier of txtr that, given their type or nature (e.g. viruses), size or reproduction (e.g. spamming), could jeopardize the functioning or operation of the services and data network of txtr. Furthermore, the use of computer programs for the automatic readout of data, such as crawler, is prohibited on the txtr Platform without the express consent of txtr. The User shall be liable to txtr for any damages resulting from the transmission of such prohibited data.
  4. If the User is in breach of any of the aforementioned prohibitions and guidelines of these Terms and Conditions, txtr may reject the User's content, delete and block content immediately and block the User from further uploads, delete the pages and any references thereto immediately and/or terminate the User’s registration with immediate effect. In such event, the User is not entitled to the restoration of his or her content on the txtr Platform or the release of his or her deleted User profile.
  5. txtr has installed a possibility to register unauthorized content. As soon as txtr is notified by its staff, a User or a third party about unauthorized or illegal content uploaded by a User, it will delete the content or block access to it.

§ 8 License

  1. 1. Upon uploading content onto the Platform, the User shall transfer to txtr a free, non-exclusive, sub-licensable license unrestricted in terms of quantity and territory for the uploaded content. Such license shall comprise in particular the right to make the content available to the public in a wired or wireless manner, so that members of the public have access to it regardless of place or time, including the reproduction on any number of receiving devices that allow for online access, such as stationary and mobile computers, TV sets and mobile devices. This shall include the reproduction, distribution, transmission, public broadcast, publication or other comparable uses of the content transmitted as part of the txtr services. The User can revoke such license at any time by deleting the content.
  2. The right of use is transmitted to txtr upon its acceptance. The User waives the right to receive the declaration of acceptance.

§ 9 Availability and liability

  1. 1. txtr does not provide any guarantee or warranty with respect to the availability of its services. txtr shall not accept any liability for defects that are beyond its control.
  2. The User bears sole responsibility for the selection of the E-Books.
  3. txtr may limit access to its services if such limitation is required for the safety and reliability of the net, the integrity of the network, in particular the prevention of serious disruptions of the network, the software or stored data.
  4. txtr shall be liable only for damages caused by breach of contract due to willful or gross negligence.
  5. txtr shall not be liable for the display of content on the txtr Website or via the txtr App. txtr distances itself explicitly from the content of all pages to which direct or indirect reference (so-called “Links”) is made from within the services and the Platform of txtr. txtr shall not be liable for such content and pages whatsoever. Only the providers of such pages shall be liable for the content of such pages.
  6. txtr shall not be liable for data being stored on the txtr reader, the txtr Website or on the Mobile Device. Each User shall be liable and is recommended to secure backups of his or her files.

§ 10 Data protection

  1. 1. txtr undertakes to handle all personal User data in strict confidence according to statutory provisions and to collect, process and use the data during the term of the agreement only for the purposes of executing the agreement, unless User expressly consents to other uses. The data are collected, used and processed electronically. A separate Datenschutzerklärung (Data Privacy Statement), to explain the issues relating to data protection, has been attached hereto. The User shall hereby acknowledge such Privacy Statement.
  2. The User consents explicitly to the collection, use and processing of his or her personal User data.
  3. Upon registration the User expressly agrees that his or her address and E-Mail may be used for occasional information regarding the update and new services of txtr. The consent may be withdrawn by informal report at any time.

§ 11 General Provisions

  1. German Law shall apply for these General Terms and Conditions and all legal relations between the User and txtr. The provisions of the German Conflict of Laws and the International Sale of Goods shall not apply.
  2. Jurisdiction over any disputes arising in connection with txtr shall lie with the courts in Berlin, Germany, as far as legally admissible.
  3. Should individual provisions hereof shall be or become void or incomplete, the validity of the remaining provisions hereof shall in no way be affected.

Data Privacy Statement (Datenschutzerklärung)

1. Data collection

Upon registration on the txtr Website or via the txtr App and when creating his or her own User profile, the User provides details about personal or other conditions like for example e-Mail address, date of birth, gender and address (“Personal Data”). These Personal Data will be handled by txtr, respectively by the involved payment provider with regard to the method of payment, in strict confidence according to the legal provisions. During the term of the agreement the data will only be collected, processed and used for the purpose of executing the agreement, unless the User expressly consents to other uses. The data are collected, used and processed electronically.

2. User Profile and sharing information in the Community

After the registration, the User may create his or her own User profile. User-profile information, such as the User name, the profile picture, the display of the place of residence and the documents uploaded to public folders, are accessible to all, including non-registered Users.

Within his or her network of friends or groups, the User can exchange information. The User’s actions will be documented according to his or her privacy settings, for instance if he or she contacts or adds a new friend, which documents the User has uploaded or the fact that he or she has commented on or evaluated a certain document (the „Newsfeeds“). These Newsfeeds are taking place within the User’s self-defined circle of friends and within the groups, which he or she joins. By defining the own network and privacy settings, the User decides, which information he or she wants to share and exchange with friends or groups. The newsfeeds displaying the activities recently undertaken by the User (“User-specific newsfeed”) can be deactivated in the privacy settings.

3. Data use

txtr will only pass data to third parties if this is required for statutory or legal reasons and/or if this is required in order to offer and implement services of txtr to the Users and/or if txtr has the User’s explicit consent to do so.

txtr is entitled to pass information on to third parties in case these parties take over services on behalf of txtr, for example settle payment transactions for offered services.

For advertisement and market research purposes and for the need-based configuration of the services txtr will conduct surveys with regard to the User’s interests and behaviour. This will be done using an anonymous process, so that no Personal Data are passed on, which would allow direct identification of the User. The User may revoke the processing and use of his or her data at any time.

During the term of the agreement txtr may send the User a newsletter with information, for example relating to support, technical advice and other information regarding its services, if the User has agreed to receive this newsletter. The User may cancel the newsletter at any time and free of charge by using the link in the newsletter.

txtr shall be entitled to collect, process and use the User 's master and connection data for the purpose of identifying, delimiting and removing malfunctions and errors in the telecommunication systems. If the requirements are met, txtr may collect, process and use the master and connection data that are necessary to uncover any unlawful use of the telecommunication systems and services. In accordance with prevailing legal provisions, txtr may provide information to criminal prosecution authorities and courts for prosecution purposes. Upon request, txtr shall provide the User with the information on the stored data relating to the User’s person or pseudonym, free of charge and without delay. The information can be provided electronically, if desired. Apart from this, txtr will pass on neither the User’s data nor the content of the User’s private messages to third parties without the User’s explicit prior consent.

4. Cookies

txtr uses codes consisting of text and numbers (“Cookies”), with which the User will be identified during his or her visits on the txtr Website and which allow the User to be recognized after future logins. The cookies will be stored on the User’s computer. The User can remove or deactivate such cookies using the settings of the computer.

5. Data protection

txtr explicitely notifies the User, that data protection and data privacy during data transfer via open networks such as the Internet cannot be completely guaranteed under the current state of technology. The User understands and acknowledges that the provider can view, in technical terms, the pages stored on the web server and, perhaps, other User data stored on such server at any time. The User shall be fully responsible for ensuring that the data transmitted to the internet and stored on web servers are protected and secure.

6. Validity of the Data Protection Regulation

txtrshall be entitled to change this Data Privacy Statement by observing the applicable data protection provisions. Whenever this Privacy Statement is changed, txtr will notify this to the User on the occasion of his or her next login. The User has the possibility to object to any change within 14 days in writing, whereby an e-mail shall be deemed to be sufficient. In such a case, txtr may terminate the provision of services to the User.