Revised: 1 May 2014
1. Definitions, Scope of Application
1.1 The following Standard Terms & Conditions of Business (“T&C”) apply to the use of the Online Shop at www.evaluationforms.org (“Online-Shop”), as well as to the purchase contracts concluded at the Online Shop, and to all related services provided by Mojo Creations LLC, 4111 Marathon Blvd. Ste. 250, Austin, Texas 78756 (“Mojo Creations”).
1.2 As used in these T&C, the term “Customer” shall refer to users of the Online Shop and to buyers of digital download products at the Online Shop.
1.3 Any terms of business laid down by the Customer which diverge from these T&C shall not apply. Any confirmation from the Customer that is based on the latter’s own terms of business is hereby expressly refuted. The Customer’s terms of business shall not become an integral part of any agreements unless Mojo Creations has expressly confirmed same in writing.
2. Mojo Creations’ Performance
2.1 In the Online Shop, Mojo Creations offers digital download products (“eProducts”) for sale. The specific items and prices can be gathered from the details provided in each case at the Online Shop.
2.2 After placing an order for them, Customers can download and store eProducts in PDF or DOC format.
2.3 For eProducts, issues for individual retrieval for varying periods are available.
3. Technical Requirements for Using Digital Content
3.1 For using digital content and in particular for reading and storing the eProducts, the Customer needs normal Internet access and a program for viewing PDF documents.
4. Use of the Online Shop
4.1 Customers intending to place orders at the Online Shop must first register to use the Online Shop.
4.2 The fundamental requirement for registering is that the Customer is of age and that he or she has full legal capacity.
4.3 The personal data requested during registration must be true and correct. In particular, the Customer may not enter any third-party data and in the event of any changes shall be under obligation to immediately update his or her personal particulars in the Online Shop.
4.4 By sending off the completed registration form, the Customer is submitting a proposal to conclude an agreement on accessing and using the Online Shop. Subsequently, the Customer will be sent a confirmation email containing his or her personal access data. This confirmation email constitutes Mojo Creations’ acceptance of the Customer’s proposal. In this way, an agreement on the use of the Online Shop will be formed.
4.5 Mojo Creations is entitled to turn down individual registrations for the Online Shop without stating any reasons.
5. Access Data
5.1 The access data (email address and password, or user name and password) are exclusively for the Customer’s own personal use. The Customer may not pass on or otherwise disclose his or her access data to third parties. If the Customer obtains knowledge of any misuse of access data, or simply suspects such misuse, he or she must immediately report this to Mojo Creations. The Customer shall be liable for all consequences of third-party use insofar as he or she is responsible for access data being misused. This may include having to pay for any orders placed without authorisation. The Customer’s liability for further actions taken by third parties shall lapse as soon as he or she has informed Mojo Creations about the unauthorised usage of access data or their loss, and has changed his or her password, if necessary.
- If incorrect data are provided during registration, and/or
- If access data (esp. the password) is disclosed without authority to do so,
Mojo Creations shall be entitled to temporarily or permanently block the Customer’s access data, and/or to finally and conclusively refuse the Customer access either with immediate effect or after a period of notice fixed at Mojo Creations’ own discretion, and/or to give extraordinary notice terminating the agreement on use with immediate effect. In any such case, the Customer may not re-register as a user of the Online Shop without Mojo Creations’ express prior approval.
6. Purchase of Print Products and Digital Content
6.1 The Customer has the option of ordering individual issues of eProducts or bulk purchase of eProducts, by clicking on the relevant shopping cart button provided for the goods on offer, and by subsequently completing the order process.
6.2 By clicking on the “Order Now” button, the Customer submits a proposal to conclude the relevant contract. Mojo Creations accepts this proposal by sending order confirmations by email, whereupon the contract is formed. Mojo Creations is under no obligation to accept the Customer’s proposal. Mojo Creations’ confirmation of receipt of an order does not constitute a binding confirmation of the actual order.
6.3 The Customer does not have any revocation right when purchasing eProducts via EvaluationForms.org or any subsidieary of Mojo Creations LLC.
6.4 When buying print products other than magazines, the Customer has the following revocation right:
REVOCATION POLICY FOR THE PURCHASE OF DIGITAL PRODUCTS
You may revoke your declared intention to conclude a contract within 14 days in text form (e.g. by post, fax, email) without stating the reasons. The period shall commence on receipt of this Revocation Policy in text form, but not before the contract has been concluded, and not before we have honoured our obligations to furnish relevant information pursuant to the Introductory Law to the Civil Code (EGBGB) Art. 246 § 2 in conjunction with § 1 Para. 1 and 2, and our obligations pursuant to the Civil Code (BGB) § 312e para. 1 first sentence in conjunction with Article 246 § 3 of the Introductory Law to the Civil Code (EGBGB). The revocation notice shall be sent to the party set out hereinabove in Clause 6.4.
Consequences of Revocation
In the event of an effective revocation, the performance received by each party is to be returned and any benefits derived (e.g. interest) are to be surrendered. If you are unable to return all or some of the performance received and benefits derived (e.g. advantages of use), or if you can only return or surrender same to us in an impaired condition, then you must compensate us for the value. Any obligations to refund payments must be honoured within 30 days. For you, the period allowed commences on the date you send us your revocation notice; for us, the period allowed commences on the date we receive said revocation notice.
END OF REVOCATION POLICY (Purchase of Digital Products)
7. Delivery of Digital Content
7.1 eProducts are delivered in PDF and DOC format.
7.2 For delivery purposes, the Customer can click on a button on Mojo Creations’ website after conclusion of the contract, which triggers the downloading of the respective files from “evalutationforms.org.” Evalutationforms.org acts as Mojo Creations’ vicarious agent in this respect.
7.3 Mojo Creations reserves the right to discontinue distributing individual eProducts in the event of any violation of copyright or for other important reasons. If, for this reason, the product bought is no longer accessible and the Customer has not yet downloaded a complete, technically satisfactory file of the eProduct, the full amount paid for the product concerned shall be refunded to the Customer by Mojo Creations.
8. Prices, Terms of Payment
8.1 The prices for the individual goods are stated in the respective presentation of each item.
8.3 All the prices quoted in the Online Shop include United States statutory tax at the rate in force at the time.
8.4 Unless otherwise agreed, payment for an individual order for one-off retrieval of an eProduct must be made in advance and shall fall due for payment immediately on completion of the order.
8.6 The Customer shall be billed electronically for the goods ordered, and invoices shall be sent to the email address he or she has specified. If the Customer also wishes hard-copy invoices to be sent, Mojo Creations may charge a separate fee for this.
8.7 If the Customer fails to honor his or her payment obligations, or if any amounts paid are reverse-charged, Mojo Creations shall be entitled to block the Customer’s access to the Online Shop, while at the same time reserving the right to assert further claims. If access is blocked because receivables are still outstanding and if the Customer balances the arrears, his or her access shall be reactivated.
8.9 eProducts are delivered subject to retention of title. The goods delivered shall remain Mojo Creations’ property.
9. Rights of Use for Digital Content
9.1 Digital content shall be delivered to the Customer by making the eProducts available in downloadable format (cf. Clause 8 above).
9.2 The strictures of copyright law shall apply. The Use of eProducts is permitted, inter alia, for the Customer’s own purposes. If the Customer downloads an eProduct as a digital document, the file may be stored on the end device used by the Customer personally. Any other or more extensive types of use and exploitation shall be permissible only pursuant to the provisions of the law. Thus the following in particular are not permitted: making additional copies other than those permissible under law of the eProduct, in particular on end devices or media to which other individuals or entities have access; adapting or redesigning the eProduct, and publishing or exploiting the item thus made; passing on the eProduct to third parties, or lending it out or otherwise circulating it; and making the eProduct publicly accessible or sending it to third parties. This also covers use in an intra- or extranet. The above rules also apply to any additional content that is retrieved from eProducts as a source.
9.3 Clause 9.2 above additionally shall apply not only to the eProduct in its entirety, but rather to all the individual aspects and other individual components or parts it contains, unless the part concerned does not in itself enjoy statutory protection under copyright law or other legislation.
9.4 Mojo Creations reserves the right to mark the Customer’s eProduct with the Customer’s name and eMail address, using an electronic watermark or some other technical identification mark. Moreover, to prevent misuse, Mojo Creations reserves the right to mark the eProduct and individual content items by other means that are not necessarily evident to the Customer. Finally, Mojo Creations reserves the right to equip the eProduct with a technical safety device to prevent any acts in breach of copyright and any other infringements of protective rights.
9.5 Mojo Creations reserves the right to block the Customer’s access to the retrieval of his or her eBook(s) or ePaper(s) if the Customer has acted in breach of Clause 9.2 above, or has enabled third parties to use or exploit an eBook or ePaper or parts thereof without authority to do so. Mojo Creations likewise reserves the right to block and/or prohibit access to PDF files of the eBook(s) or ePaper(s) the Customer has already downloaded if the Customer has acted in breach of Clause 9.2 above, or has enabled third parties to use or exploit an eProduct or parts thereof without authority to do so.
10.1 Mojo Creations shall be held liable in accordance with statutory regulations for any loss or damage sustained by the Customer that is caused by intent or gross negligence; is due to the object of performance lacking a warranted characteristic; is based on a culpable breach of so-called “cardinal obligations;” results from the loss of life, limb, or health; or is covered by liability under product liability law.
10.2 Cardinal duties are those contractual duties, performance of which enables due implementation of the contract in the first place and which the contractual partner fundamentally may rely on being performed, and the breach of which jeopardises attainment of the very purpose of the contract.
10.3 If a cardinal duty is breached, liability – provided the loss or damage is merely due to slight negligence and does not involve the loss of life, limb, or health – shall be limited to that loss or damage, occurrence of which is typical or foreseeable in connection with providing services such as those constituting the subject-matter of the contract.
10.4 In all other respects, liability towards Mojo Creations and Mojo Creations’ vicarious agents – for whatever cause in law – is hereby ruled out.
10.5 Where damages sustained by the Customer result from loss of data, Mojo Creations shall not be held liable if such damage could have been avoided had the Customer regularly saved all the relevant data and made complete backups at intervals that duly reflect the value of the data.
11. Terminating the Account for the Online Shop
11.1 The Customer may give notice terminating the agreement on use for the Online Shop at any time. Notice may be sent by email to email@example.com or declared in writing and sent by telefax or post.
11.2 Both parties reserve the right to give extraordinary notice for grave cause.
12. Contract Document
12.1 Mojo Creations makes no provision for separate contract documents based on these T&C. Mojo Creations therefore will not store “the contract document” that specifically relates to the Customer personally. When logged in to the Online Shop however, the Customer will see the orders taken out in his or her name.
13. Data Protection
14.1 If the Customer is a registered trader, a public corporation or a special trust managing public assets, Texas shall be the place of jurisdiction for all legal disputes arising directly or indirectly from the contractual relationship between Mojo Creations and the Customer. In such event, Texas shall be deemed to have been agreed as the place of performance.
14.2 The same shall apply if, subsequent to the conclusion of the contract, the Customer’s place of residence or habitual place of abode is located at some place outside the territory of the United States of America or is relocated to such a place. This shall also apply if the Customer’s place of residence or habitual place of abode is not known at the time when legal action is filed.
14.3 United States law shall apply exclusively. Any application of CISG is hereby ruled out.
14.4 If any provision of these Standard Terms & Conditions of Business is ineffective, this shall not affect the validity of the remaining provisions. In any such case, the parties shall negotiate for a clause that is to substitute the ineffective provision and that reflects the content of the original provision as closely as possible.