1.1. The following General Terms and Conditions (“Terms”) shall apply for using the platform (thereafter “Drososhare” or “Platform”). Drososhare is an online-marketplace for flies of the Drosophila genus (thereafter “Drosophila”).
2.1. Within this frame, Drosophila suppliers (thereafter “Supplier”) input a Drosophila population into the Drososhare databank, which can subsequently be purchased by a Drosophila purchaser (thereafter “Purchaser”) directly from the Supplier.
1.2. Use of the platform, particularly the databank shall be exclusively based on these Terms.
1.3. By registering and/or using the Drososhare services, Supplier and Purchaser (thereafter jointly “Users”) agree to the application of the following Terms.
1.4. Drososhare shall remain the right to amend and/or update these Terms with effect for the future at any time if technical, economic or legal reasons should make such adjustment necessary.
1.5. If no explicit consent of Users is solicited for the adjustment of these Terms, every User shall be timely informed regarding any changes of the Terms (at least four weeks prior to the effective date of the amended Terms). For this purpose, Drososhare shall send the new version of the Terms to the email address the User provided during registration. Within this frame, Drososhare shall inform User explicitly of the opportunity and period to object the changes and the consequences of not exercising such objection.
1.6. If User does not object the changes within four weeks after the effective date of the changed Terms, the amended Terms shall be deemed accepted. The period shall begin with the day that was announced as effective day of change via email vis-a-vis the User.
1.7. If the User objects the change, Drososhare shall be entitled to terminate the user agreement and dissolve the particular user account, effective on the date on which the changed terms become effective.
2.1. On Drososhare, Purchasers can look for suitable and/or needed Drosophila and get in contact with suitable Suppliers. There is, however, no legal right for Purchaser that grants access or submittal of an offer by the respective Supplier.
2.2. Drososhare establishes a contact between Supplier and Purchaser by making the contact data of the inquiring Purchaser available to Supplier.
2.3. The agreement for purchasing a Drosophila population shall be concluded directly and exclusively between the respective Purchaser and Supplier.
2.4. With submitting the contact request (cf. cipher 4.) the Purchaser simultaneously makes a binding offer regarding the purchase of the particular Drosophila population. This shall be immediately forwarded by Drososhare to Supplier.
2.5. Supplier may accept the offer of Purchaser through sending of a separate order confirmation via the Platform, email or delivery of the requested Drosophila population.
2.6. Drososhare provides only a Platform on which Purchaser and Supplier can get in contact and may conclude agreements. Drososhare itself does not offer own Drosophila. Drososhare will not become a party of the purchase agreements that are concluded between Purchaser and Supplier. The performance of the agreements concluded via Drososhare shall also be exclusively between the Users.
2.7. The Supplier is exclusively responsible for the accuracy and currentness of submitted information and data regarding specification, pictures and other content of the particular offers (e.g. prices) on the Drososhare website. Drososhare explicitly underlines that the posted contents cannot generally be reviewed before publication and that Drososhare does not assume responsibility for this information.
2.8. Drososhare does neither save text of agreements regarding the use of Platform and contact establishment nor regarding the agreements between Supplier and Purchaser.
3.1. Users of Drososhare shall register with Drososhare prior to using Drososhare.
3.2. Registration shall only be permissible for individuals who are of legal age and legally competent without restrictions, or legal entities, as well as partnerships and corporate bodies.
3.3. An agreement is concluded between the operators of Drososhare (Drososhare GmbH) and the User regarding the use of the Drososhare Platform with the act of registration.
3.4. All information necessary for registration shall be complete, accurate and kept current at all times. The information regarding the Drosophila population available from User shall particularly be kept up-date at all times by User.
3.5. Drososhare shall be entitled to make use of the Platform or individual functions subject to appropriate proof regarding identity and/or legal competency of the User. Registration as User is free.
3.6. With registration, the User shall create a username and password.
3.7. The User shall keep the password confidential. The User shall be solely and completely responsible for confidentiality. The Drososhare User account shall only be used by the registered User himself. Any unauthorized use of the personal User account as well as any suspicion thereof shall be immediately reported to Drososhare.
3.8. Drososhare shall be entitled to save and process the data provided by User during registration pursuant to the data protection regulations.
4.1. If Purchaser intends to purchase a Drosophila population offered through Drososhare, he can submit a particular inquiry to Drososhare via a contact form on the Platform.
4.2. Drososhare will forward the inquiry of the Purchaser, including Purchaser contact data, to the respective Supplier.
4.3. With clicking the button [Place Order (Fee Required) / Place Orders (Fee Required)] the Purchaser makes a binding purchase offer. Drososhare will forward the inquiry of the Purchaser, including Purchaser data, to the respective Supplier.
4.4. Drososhare may disclose personal data of Users in order to perform Drososhare services. Drososhare will particularly submit Purchaser contact data to Supplier with whom Purchaser intends a transaction (cf. cipher 4.3).
4.5. Drososhare will list the Purchaser as prospective Supplier after purchase of a certain Drosophila population in the Drososhare databank. If Purchaser does not want to be listed as Supplier, he can label the purchased Drosophila population as “Private”. He will then not be contacted by Drososhare regarding the population with respective purchase offers.
5.1. Contact submission to a Supplier regarding the requested Drosophila population is charged to the Purchaser.
5.2. Drososhare’s claim for remuneration arises with submission of a requested Supplier contact opportunity for a respective drosophila population. The conclusion of a purchase agreement between Users is not a requirement for Drososhare’s remuneration claim.
5.3. The prices for establishing the contact shall be clearly communicated to Purchaser in the manner required by law. The price contains the respectively applicable value-added tax.
5.4. Drososhare shall invoice Purchaser regarding the due remuneration pursuant to cipher 5.3. Invoicing shall occur quarterly in the form of a collective invoice. The remuneration shall be paid within 10 days upon receipt of the invoice via bank transfer to a bank account determined by Drososhare.
5.5. The invoicing for the purchase of a Drosophila population shall be done directly by Supplier and according to his respective invoicing practice.
6.1. Supplier shall only offer Drosophila populations on Drososhare that are actually in his stock and which he is entitled to sell.
6.2. Supplier shall be furthermore obligated to comply with restrictions of use, particularly regulatory and/or patent law prohibitions/restrictions and to explicitly point these out in the wording of his offer.
6.3. Supplier shall be obligated to use inquiries, information and data of Purchaser that he receives via the Drososhare website only for the specifically requested Drosophila acquisition. Another use of these information and data, particularly forwarding of personal data to third parties is not permitted.
7.1. Every User shall have the opportunity on Drososhare to review individual Users and/or create comments/personal experience reports. User shall particularly validate negative reviews and reports regarding their accuracy and appropriateness prior to posting on Drososhare.
7.2. User shall bear the sole responsibility for the content he created.
7.3. User warrants that all information he provided when creating content is complete and true.
7.4. Drososhare shall be entitled to exclude User from using the Platform and delete and/or suspend the User account in the event of a violation against the aforementioned duties (cipher 7.1 to 7.3), as far as this is an equitable solution.
8.1. User grants Drososhare within the scope of this agreement (cipher 2) by uploading and/or publication of content, particularly texts, pictures, videos, as well as protected trademarks/company symbols on Drososhare a non-exclusive, free, world-wide and unrestricted right to process and use these contents, in whole or partially, for services of the Drososhare online market place as well as advertising efforts of Drososhare (e.g. on the Drososhare website, trade fairs, newsletters, Facebook fan page and applications for mobile devices).
8.2. The right of use pursuant to cipher 8.1 shall particularly contain, but is not limited to, the right of reproduction and distribution, public rendition, making it publicly available (particularly on the internet), for sending and forwarding of all known and potential ways of transfer, for lecture and performance as well processing, redesigning and alienation.
8.3. User shall have the right to revoke the granting of rights (cipher 8.1 and 8.2) at any time in text form (e.g. letter, fax, email) with effect for the future and without giving any reasons. In the event of revocation, Drososhare shall immediately delete the concerned contents and no longer make use of these.
8.4. User warrants vis-a-vis Drososhare that he possesses the necessary content rights for granting the rights pursuant to cipher 8.1 and that no conflicting third party rights exist. He warrants furthermore that the posted contents do neither violate third party rights (e.g. personal rights, name rights, trademark or patent rights, copyright other property rights) nor breach conflicting laws.
8.5. With the acceptance of these Terms, User shall indemnify Drososhare upon initial request from all third party claims (particularly claims due to copyright, trademark and/or personality rights violations) that are made against Drososhare in connection with the offers and/or contents posted by User. This shall not apply if User is not responsible for the violation. Drososhare itself shall be entitled to take appropriate measures to defend third party claims. The indemnification shall also include Drososhare’s reimbursement for necessary legal enforcement or defense costs.
9.1. The user agreement shall run upon the time of registration by User pursuant to cipher 3 of these Terms for an indefinite time.
9.2. Users shall be entitled to terminate this user agreement at any time. The user agreement can also be terminated by the User, if the User deletes his Drososhare account.
9.3. Drososhare shall be entitled to terminate the user agreement at any time with a notice period of 14 days to the end of the month.
9.4. In cases of doubt, the agreement shall only cease to exist if the last necessary service was completely performed.
9.5. The right to suspend and terminate for good cause shall remain unaffected of the previous provisions.
10.1. Statements of Supplier regarding features and/or qualifications as well as forwarded written or oral statements of the respective Supplier are not warranties of Drososhare.
10.2. Drososhare assumes no liability vis-a-vis its Users regarding slightly negligent breach of duties, insofar as these are not material contractual duties (so-called cardinal duties), bodily or health damages or relate to warranties or claims under the product liability law. Material contractual duties are duties whose fulfilment makes the due performance of the contract possible in the first place and on whose fulfilment the User should be able to rely on. Liability regarding material contractual duties vis-a-vis entrepreneurs is furthermore limited to the amount of the typically foreseeable damage.
10.3. The same shall apply for duty violations of vicarious agents and statutory agents of Drososhare.
10.4. Suppliers are not vicarious agents of Drososhare.
11.1. These Terms stipulate the contractual relationship between Drososhare and Users exclusively and comprehensively. Changes and supplements shall require written form to become effective. This shall also apply for the revocation of this written form clause.
11.2. If any provision of these Terms is void, the remainder of the agreement shall remain unaffected.
11.3. The laws of the Federal Republic of Germany shall apply; excluding the UN-Convention on the International Sale of Goods (CISG).
11.4. The exclusive place of jurisdiction for all disputes directly or indirectly resulting from the contractual relationship shall be the competent court at Drososhare’s registered seat of business if User is an entrepreneur, a legal entity of public law or a special public fund, or has no general place of jurisdiction within the Federal Republic of Germany or another EU member state or relocated his residence/business seat after application of these Terms abroad or when his place of residence and company head office are not known at the time when the lawsuit is filed.
Drososhare GmbH, Schillerpromenade 4, 12049 Berlin, Germany (thereafter “Drososhare”) is the operator of the website and takes the protection of your personal data seriously. Drososhare complies with the requirements of the German Federal Data Protection Law (BDSG) as well as the Telemedia Law (TMG) when collecting, processing and using your data. The subsequent statement provides you with an overview on how Drososhare ensures data protection and which kind of data is collected for what reason.
“Personal Data” are all particulars regarding your personal and factual circumstances. This includes all information that allow conclusions regarding your identity (e.g. name, address, email address, bank details etc.).
The data of legal entities are also included and protected.
Collecting, saving and processing of personal data and data of legal entities through Drososhare shall be exclusively subject to applicable laws. Drososhare obligates itself to handle the data you provided responsibly and with utmost care.
The “Drososhare” website and our systems are protected by technical and organizational measures against loss, destruction, access, change or distribution of your data through unauthorized third parties. In spite of frequent controlling, a complete protection against all hazards is however not possible.
Drososhare may save data which does not relate to persons or companies, e.g. the name of your internet service provider from which you visited or the name of the requested file (so called usage data). This data will only be evaluated for improving our services, fixing minor flaws etc. and do not allow any conclusions regarding your person.
Drososhare cannot associate this data with any precise persons and a merger of this data with other data sources will not be performed.
You have the opportunity to subscribe (independently of registration or making use of Drososhare services) for receiving the Drososhare newsletter. For this purpose you have to enter your email address into the newsletter subscription box, confirm the order button and click the activation link in the confirmation email subsequently sent to your email address. You can revoke your consent for receiving the newsletter at any time effective for the future by clicking “Unsubscribe Newsletter” at the end of the newsletter or declare the revocation vis-a-vis Drososhare under the following contact data:
12049 Berlin, Germany
Phone.: +49 (0) 30 46721825
Revocation of consent and/or objection against receiving the newsletter does not invoke any costs for you; except the transmission costs pursuant to the respective base tariff of your telephone or internet provider.
Our website uses so called “Session Cookies” which will automatically be deleted after the end of your visit. The use of these cookies supports our efforts to make our offer more user friendly, more effective and more secure. Cookies are small text files that are placed on your computer. Many browsers are set to automatically accept cookies. You can change the settings of your browser at any time. A change might however affect the functionality of our website. Certain functions will then not be available.
You may stop the placing of cookies by setting your internet browser so that it will not permit the saving of such text files on your computer. You can also delete cookies saved on your computer at any time. You can find further information regarding cookies and the question of risk of cookies under the following link on the website of the Federal Office for Information Security Technology (in German).
We underline that we are, in certain cases, obligated to forward your personal data to third parties (e.g. criminal prosecution measures).
You have the right, free of charge, to obtain information regarding your saved data and/or a right for correction, suspension or deletion of your data. For this purpose, you can send a message at any time to Drososhare under email@example.com .
Your confidence in the protection of your personal data while visiting the Drososhare website is very important for us. Drososhare is available for your questions regarding processing of personal data at any time. If you should have any questions that were not answered in our data protection notices, you can contact our support at any time via firstname.lastname@example.org .
Status: Mai 2014