Our Terms and Conditions are an integral part of the agreement and apply to all current, and future business, deliveries and services offered by Lobo Technology GmbH, Königsallee 60F, 40212 Düsseldorf (Germany), hereinafter the licensor, to the contracting partner, hereinafter the user / advertiser.
These conditions regulate the marketing and creation of 360º tours or virtual tours offered by the licensor by order of the user / advertiser, as well as the placement and publication of 360° virtual advertisements and advertisements with photos through the 360° real estate portal http://www.lobo24.com, that is, of properties for rent and sale related to the properties belonging to the user / advertiser. The current version of the conditions in force at the time of the transaction are fully accepted by the user / advertiser. We hereby reject any regulations that differ from these Terms and Conditions, particularly commercial terms of the user / advertiser. Lobo Technology GmbH cannot take charge of any advertisement of the user / advertiser who has not previously accepted these Terms and Conditions.
The licensor offers products and services in the real estate and hotel industries by granting a license via its internet platforms managed by http://www.lobo24.com.
The licensor offers the user / advertiser the following services:
The user / advertiser can enter their own ad into the property registration form provided on the 360º real estate platform http://www.lobo24.com. At the end of the registration, the user / advertiser can check the design of the advertisement that will be published (advertisements with photos and 360º virtual ad) via the online offer through the 360º real estate platform http://www.lobo24.com. The user / advertiser is solely responsible for the contents of the advertisement. By activating the advertisement, the user / advertiser confirms that he or she owns the rights to use the text and images. If the licensor has knowledge of illegal content, the user / advertiser content may be totally or partially eliminated without prior notice and, in the worst case, the user / advertiser may be excluded from using the 360º real estate portal http://www.lobo24.com.
All advertisements remain posted until the user / advertiser deactivates or removes them from their account. However, the licensor reserves the right to remove advertisements if they consider it appropriate.
The user / advertiser can deactivate their online advertisements at any time. If the property offered is sold, rented or leased, the user / advertiser is obliged to deactivate the advertisement so that it does not continue to be advertised. Upon termination of the activation of the advertisement, the licensor is not required to save or otherwise store the published advertisement. The licensor reserves the right to modify these services, provided that the modifications do not affect the essential services and considering that the interests of the contractual partner in these modifications are reasonable.
Free registration of the user / advertiser presupposes the use of certain services such as reservation, payment, creation of 360º virtual tours in and publication of advertisements. Therefore, only the registered user / advertiser can enter advertisements into the 360º real estate portal http://www.lobo24.com database. Registration on the 360º real estate portal http://www.lobo24.com is only allowed to users / advertisers with full legal capacity and, of course, to adults. At the time of registration, the user / advertiser is obliged to correctly provide their data and their email address and to enter a password. Upon completion of the free registration, the user / advertiser automatically receives an email requesting confirmation of their identity by clicking on the activation link. This access data (email address and password) must not be assigned to third parties in any case since the user / advertiser must keep them confidential. In the event that third parties are aware of the access data for any reason, the user / advertiser must inform the licensor immediately and, likewise, change their password immediately. In relation to the personal data provided by the user / advertiser as a requirement for registration, we refer to the validity of the information provided regarding our data protection.
The 360º real estate portal http://www.lobo24.com brings together advertisers and applicants from the INTERNATIONAL real estate and hospitality sectors through the network found on its website http://www.lobo24.com. In this sense, the user / advertiser has the possibility of placing their own content or accessing third party content on the platform. The registered user / advertiser accepts these Terms and Conditions of the free registration with prior confirmation with just one click. Otherwise, it is not possible to finalise registration. The publication of advertisements with 360º virtual photos and advertisements on the 360º real estate portal http://www.lobo24.com, except the package “Basic”, please refer to prices/services, is payable both for private and commercial users / advertisers (for example, real estate agents or real estate providers).
With the online transfer of the property data for an advertisement, the user / advertiser presents to the licensor an offer to conclude a contract for the incorporation and temporary availability of the content on the 360º real estate portal http://www.lobo24.com database, with the exception of the package Basic (regarding the time limit). The licensor can decide on the acceptance of the offer at its own discretion. The contract of advertisement comes into effect when the user / advertiser publishes an advertisement, usually through the acceptance or conclusive rating of their offer in the form of dissemination of the advertisement on the Internet.
The decision regarding the incorporation of user / advertiser content into the licensor's database, as well as on the publication of the advertisement is at the discretion of the licensor. The licensor is authorised to deny the publication of advertisements at any time without justification.
Likewise, the licensor is authorised, but not obliged, to spatially and temporally limit the availability of contents in the database and to limit the number, as well as to withdraw and / or remove contents from the database.
The licensor does not assume any responsibility for the topicality, correctness, completeness or quality, or any other content of texts, photos, e-mail addresses or other information made available. The user / advertiser is solely responsible for the accuracy of the information presented in text and image format. The licensor reserves the right to modify, complete or delete without prior notice part or all of the property offered by the user / advertiser and to suspend the publication temporarily or definitively.
Advertisements with photos are all those advertisements for properties that do not contain virtual tours in 180º or 360º, 360º live tours or videos. The minimum number of photos per property is three and the maximum number is twenty.
To the bottom of the home page (in the not registered section) and in my settings, in the menu option "prices/services" (in the registered section), the user / advertiser can consult and reserve payment services.
Links to third-party websites refer to third-party content unconnected to the licensor. They do not reflect offers through the licensor, but mere indications to other websites. The licensor does not appropriate the content available on such websites nor is it responsible for the availability of such third party websites.
All rights (copyrights, trademark rights and other proprietary rights) on the commercial model http://www.lobo24.com, the operation of the database, the database, the word and figurative brand and the contents, data and other elements introduced on the 360º real estate portal http://www.lobo24.com belong exclusively to the author.
The modification of copyright or other proprietary notices on the portal http://www.lobo24.com is not permitted. The use by the user / advertiser of the data obtained by consulting the 360º real estate portal http://www.lobo24.com, whether partially or totally, for the elaboration of a database of their own in any multimedia format and / or for the commercial use of data or the exchange of information and / or for any other commercial purpose is strictly prohibited. Likewise, it is not permitted to link, integrate or otherwise link the database or certain elements of the database to other databases or metadata databases.
The licensor is authorised, but not obliged, to provide users / advertisers and other interested parties with information or additional offers of their own and others related to, inter alia, the purchase / sale or planned lease / rental, and / or to disseminate the offer in an additional way on partner internet portals and other partners for free to the user.
The licensor stores the data provided by the user / advertiser for the aforementioned purposes and for those established in the client's order.
The licensor complies with the relevant data protection provisions which can be found at the end of each page of on the 360° real estate portal http://www.lobo24.com. In the event that the licensor conducts an analysis of the advertisers, the details obtained from the analysis can not be published without the consent of the user / advertiser, and can only be stored for internal purposes.
All personal data are treated in a strictly confidential manner. By accepting these Terms and Conditions, the user / advertiser agrees that the licensor may forward their data to collaborating partners in order to extend the scope of the offer of their property and declare that they have read and understood the data protection provided on the 360º real estate portal http://www.lobo24.com.
The licensor does not assume any responsibility for the uninterrupted availability of the 360º real estate portal http://www.lobo24.com. Under the terms of the legal provisions, the licensor has unlimited liability for damages that may have been caused by intentional or gross negligence on the part of the licensor or its executive assistants. This liability also applies to personal injury or damage covered by the German Liability Act for Defective Products. In addition, the licensor's liability, regardless of the legal cause, is limited to the fulfilment of the cardinal obligations or fundamental contractual obligations, that is, obligations whose fulfilment makes possible the correct execution of the contract and in the fulfilment of which the client entrusts. In the only case of negligent liability, liability is limited to damages that are usually considered foreseeable.
The licensor does not assume any responsibility for damages caused by deficiencies due to malfunctioning, mainly due to force majeure, disturbances, war, natural phenomena or other unaccountable events such as strikes, lockouts, traffic disturbances, or National and/or International higher instances.
The use of the 360º real estate portal http://www.lobo24.com is free except for the payment section.
The user/advertiser automatically obtains the free package BASIC upon registration. It contains: 5 photo-ads, 1 360°-advertisement, adding of the ground plan, link embedding of one external 360°-tour, connection with Google Street View, connection with Google Maps, password protection, hotspots (unlimited), running time 30 days and completely exchangeable within these 30 days
The licensor reserves the right to modify these Terms and Conditions at any time. This will be notified via the publication of the Terms and Conditions as amended, indicating the date of entry into force on the 360 ° real estate portal http://www.lobo24.com.
Art. 305, paragraph 2 of the Civil Code of the Federal Republic of Germany regulates the requirements according to which the contracting parties can agree the Terms and Conditions, in what is called an inclusion agreement that forms part of the contract in question. Among other things, the contractual party is required to agree (Article 305, paragraph 2, last sentence) with the Terms and Conditions submitted by the other contracting party.
From the foregoing considerations, it follows that, when the Terms and Conditions form an integral part of the contract, neither contracted party is authorised to cancel such Terms and Conditions by means of a unilateral declaration (for example, upon termination of the contract) since the Terms and Conditions have been included as part of the contract by "agreement".
If the Terms and Conditions have been agreed in a framework agreement between the user / advertiser and the licensee, these will be valid until the termination of the framework supply agreement. In other words, a unilateral termination of the contract is not allowed with respect to the Terms and Conditions. When one of the contractual parties wants to terminate the Terms and Conditions, the contract must be terminated in full, taking into account the termination deadline agreed for the same. If the licensee modifies the Terms and Conditions and the user / advertiser has read and accepted them on the 360º real estate portal http://www.lobo24.com, such modifications will be valid immediately.
If the user / advertiser does not accept the modification of the Terms and Conditions, the previous ones are maintained until the contractual relationship is annulled.
If the user / advertiser does not express their disagreement within the new term of 6 weeks from publication, the modified Terms and Conditions are considered accepted. The communication on the modifications expressly indicates the importance of the six-week deadline. In the event that the user / advertiser expresses their disagreement with the modified Terms and Conditions within the established period, the licensor is authorised to terminate the contract with the user / advertiser without prejudice to their interests at the time of entry into force of the modification. The corresponding user / advertiser content is then removed from the database. The user / advertiser has no right to file any claim against the licensor or, in principle, against the licensee / author.
The user / advertiser is solely responsible for the content of the advertisements placed by the same, as well as the full and timely delivery of the texts of the advertisements and descriptions of the properties. The incorporation of contents in the database presupposes the complete legal capacity of the user / advertiser. The user / advertiser must register before inserting an advertisement or adding content. The user / advertiser agrees to provide truthful data in the registry. Our specifically planned data protection collects information on the personal data collected in the registry. The user / advertiser agrees that the contents and texts of the advertisements incorporated by the same and provided for publication are complete and that all the data are true. The user / advertiser agrees to provide all the necessary information in their advertisement for any future contractual partner due to the advertisement. Errors and other actions that have repercussions beyond lowering the value of the property in an insignificant way may not be hidden. Advertisements with photos and 360º panoramic photos for 360º virtual advertisements can only reflect the property described in the respective advertisement. Likewise, the manipulation in any way of inserted photos is prohibited. The user / advertiser guarantees that he / she owns the necessary use and exploitation rights related to the copyright and is responsible to the licensor for any claim for damages of third parties that may result from the publication of a photo.
The placement of content by the user / advertiser on behalf of third parties is not allowed without their express prior consent. In particular, entering telephone numbers or addresses in the database without the consent of the person concerned is prohibited. The user/advertiser must not deliberately place advertisements in wrong sections. The licensor reserves the right to post advertisements that have been placed in an incorrect section without prior notice to the user / advertiser in the correct section or to delete them. The user / advertiser agrees not to publish advertisement contents that violate current legislation, particularly in criminal, competition, author, etc. material, or that violate the rights of third parties, particularly the rights of name, personal rights, rights of brand, etc. The user / advertiser fully exempts the licensor from any liability for any third-party claims that may be brought about by the content of a published advertisement (or photos, 360-views, videos, etc.). The user / advertiser is responsible for all expenses incurred in connection with a relevant legal dispute by the licensor.
In addition, the user / advertiser is responsible for assuring that the files provided, if any, contain no viruses. The licensor may delete files infected with viruses without the user / advertiser having any rights in respect thereof. The licensor expressly reserves the right to claim compensation for damages caused by viruses. The use of service telephone numbers that directly or indirectly carry special rates for the caller, especially telephone numbers with the prefix 0190, is prohibited. Such data can be eliminated by the licensor and can lead to the user / advertiser being definitive blocked from accessing the 360° real estate portal http://www.lobo24.com for the user / advertiser.
Professional users / advertisers, i.e. those users / advertisers who place an advertisement for purposes that are not strictly private, but for tracking constant business activities, are required to include a legal notice in their advertisement that complies with the legal requirements of art. 5, No. 1 of the German Telecommunication Services Act (TMG). If the user / advertiser has a tax identification number according to art. 27a of the German Law on turnover tax or an economic identification number in accordance with art. 139c of the General Tax Law of the Federal Republic of Germany, this number must be provided in accordance with current legislation.
Likewise, the corresponding legal notice must include the full name, postal address and email address by which the user / advertiser is available. In the case of legal entities, it is also necessary to provide the legal form that the user / advertiser adopts, the persons with the right of representation, as well as, if applicable, the registration and the registration number. Other information may be required such as information on the competent regulatory authority. The professional user / advertiser is responsible for ensuring that his / her legal notice complies with current legal provisions. The licensor does not undertake to verify the accuracy of the data provided by the professional user / advertiser. However, the licensor reserves the right to verify, by means of an automated online process, the veracity of the data entered concerning the tax identification numbers of the European area.
The licensor does not undertake to verify the legal legitimacy or a possible violation of the rights of third parties of the contents of the advertisements. If the licensor has knowledge of illegitimate content or possible violation of rights, they are authorised to remove the advertisement in whole or in part without prior notice to the user / advertiser as they deem necessary or to block the accessibility of the advertisement. The right to remove an advertisement is particularly warranted when the texts of the advertisements or the descriptions of the real estate property or any other information provided have unlawful or inappropriate content that may violate the rights of third parties and / or breach these Terms and Conditions. In this case, the licensor is also authorised to remove specific contents or specific fragments of the advertisement text without prior notice. In this case, the user / advertiser has no right to make any claim against the licensor in this regard.
If the user / advertiser requires brokerage fees at the time of conclusion of the contract, this must be explicitly reflected in the offer, which should mention the gross amount, i.e. include the tax on the legal value of the sale in each case, as well as brokers.
The licensor is authorised, but not obliged, to provide the published advertisements to collaborating partners. Likewise, the licensor as its own partner is not obliged to admit advertisements published by other collaborating partners. As a partner, the licensor is authorised to use the data provided by the collaborating partner. This dissemination is free for the user / advertiser. All reactions and other repercussions regarding each of the users / advertisers advertisements are transmitted directly and automatically in the usual way for the user / advertiser.
By assigning content to the database, the user / advertiser grants the licensor the right to use such content indefinitely for the functions required for configuration and availability in the database and for the consultation of third parties, particularly to store, reproduce, have available, assign, publish or allow access to the contents, also through or in the form of advertising material of the licensor and / or advertising material of third parties. The licensor is entitled to adapt the contents, especially when they do not meet the requirements of these Terms and Conditions. The information provided on claims by the licensor in the framework of the offer can be used by the user / advertiser only in relation to the property provided in question. The transfer of information to third parties or the use of information for other purposes is prohibited.
The rights of the user / advertiser derived from this contract are non-transferable. The username and password (access data) that allow the user / advertiser to access their personal area on the 360° real estate portal http://www.lobo24.com must be treated with the strictest confidentiality and cannot be disclosed by the user / advertiser to third parties. The user / advertiser agrees to take appropriate measures to prevent third parties from gaining knowledge of their password.
The user / advertiser declares to be the owner of all the rights to use the photos and the panoramic photos incorporated from which all advertisements are created (360º virtual advertisements and photo advertisements) and is authorised to transfer the information regarding the properties, as well as the rest of the data, to the licensor. The user / advertiser agrees not to transfer data, the contents of which may infringe the rights of third parties (e.g. personal, name, brand, author rights, etc.) or violate the current legislation. The user / advertiser expressly agrees with the licensor's editing of the photos.
In addition, the user / advertiser agrees to cede information on real estate exclusively and truthfully and to deactivate the offer as soon as possible once the property is no longer available. The user / advertiser can only assign properties belonging to them for marketing or real estate for which a marketing order has been received. The user / advertiser is solely responsible for the content and accuracy of the information provided.
The user / advertiser exempts the licensor from any liability for any third party claims against the licensor due to such infringements, which also includes reimbursement of possible legal representation expenses.
The user / advertiser agrees that real estate offers are incorporated into the 360° real estate portal http://www.lobo24.com in the manner specified by the licensor. The prices are shown in euros, including the legal value added tax and without discount for prompt payment or other discounts. The legal value added tax in force in the Federal Republic of Germany is applied at the time the order is placed.
The contract has an indefinite duration and can be terminated by either party at any time without notice. The termination of the contract by either party must be made in writing and sent by post. Orders that have already been commissioned and, therefore, also paid for which the user / advertiser has not yet ordered the creation of a 360º virtual advertisement / tour, will not be reimbursed, even after termination of the contract. If the user / advertiser has already paid their commission in the payment section of the 360° real estate portal http://www.lobo24.com through, for example, PayPal, by transfer, debit or credit card, the transaction is finished and can not be cancelled. In this case, the right of revocation described below is no longer valid.
The licensor is not considered a party nor representative of any party or intermediary of the possible operations carried out by the user / advertiser. The licensor does not assume any responsibility for the preparation, closing and execution of the contract of the user / advertiser.
The licensor assumes no responsibility for the accuracy and completeness of the data and the statements provided, as well as the identity and integrity of the user / advertiser. According to the current development of the technology, it is not possible to exclude all unforeseeable circumstances related to the Internet medium. For this reason, the licensor does not assume any responsibility for technical deficiencies, particularly on the continuous and uninterrupted availability of the database and its contents or on the complete and correct visualisation of the contents incorporated by the user / advertiser on the online listings of the 360º real estate portal http://www.lobo24.com.
In the case of the defective publication of an advertisement attributable to the licensor, the user / advertiser is entitled to the publication of a non-defective substitute advertisement, provided that the defective publication damages the purpose of the advertisement. If the advertisement agreement is a commercial transaction of mutual interest, the user / advertiser agrees to check the accuracy and completeness of the activated advertisement immediately after its first publication and the licensor to report potential errors immediately. The manifest deficiencies must be communicated immediately after the first publication; obvious or hidden deficiencies must be communicated immediately after they are detected. If a defect check and / or communication are not carried out on time, the advertisement is considered correct.
The licensor emphasises that it has no influence on the design or content of linked external sites. For that reason, thus explicitly distances itself from all the contents of all the linked sites on the 360º real estate portal http://www.lobo24.com.
Registration on the 360º real estate portal http://www.lobo24.com is free. The prices and products for the different services are governed by the price list and the offer of products in force on the 360° real estate portal http://www.lobo24.com at the time of placing the order. The user / advertiser can only make reservations and payments on the online section of the 360° real estate portal http://www.lobo24.com if they are registered. The user / advertiser can only consult the Prices / Services / Reservation categories in my settings, under the "prices/services" section when logged in. Payment will be made via the online-shop of http://www.lobo24.com e.g. PayPal by monthly debit, credit card or SOFORT transfer. In case of delay or postponement of the payment, the licensor reserves the right to suspend the service stipulated by contract until the end of the delay. In addition, in the event of delay or postponement of payment, the current interest in force by law will be applied. Expenses arising from the collection of debts and / or refunds of charges will be borne by the user / advertiser. The licensor expressly reserves the right to claim compensation for damages. The user / advertiser can only pay compensation against the licensor in case their counterclaim is incontestable or that it is a title with legal validity. In the online-shop of http://www.lobo24.com, special terms and conditions, which can be found there, govern the shop area.
In the case of disputes arising from this contract, only German law applies, except for all procedural and material laws that are referred to another legal system. The provisions of the United Nations Convention on Contracts for the International Sale of Goods are excluded. Any supplementary agreement, modification or extension of this contract must be formalised in writing to be valid. The termination of this agreement must also be submitted in writing to acquire validity. Düsseldorf in the Federal Republic of Germany is the exclusive jurisdiction for both contractual parties in any litigation derived from or relating to this contract. Once the contract is finalised, the user / advertiser does not have any right to the restitution of 360º virtual tours published on the 360° real estate portal http://www.lobo24.com as they are the property of the licensor / author.
In the event that certain provisions of these Terms and Conditions of the licensor are or may become invalid, void or objectionable, the remaining provisions remain in force. In such a case, the rest of the provisions must be established or completed in order to achieve the intended purpose in the most precise way possible and in a legally licit manner.
Consumers have the following legal right of revocation:
Consumers have the right to withdraw from a contract in writing (e.g. letter, fax or email) within 14 days without justification. The term begins from the receipt of these instructions in text form, but not before the conclusion of this contract and not before the fulfilment of the license holders’ duty of information. To guarantee the term of revocation it is enough to send the notice of revocation in time.
The notice of revocation must be sent through a clear statement (for example, a letter sent by post, fax or email) regarding your decision to withdraw from this contract to:
LOBO Technology GmbH
At: General Management
Fax +49 211 890 3638
Republic of Germany
In order to guarantee the revocation period, it is sufficient that you notify us that you are exercising the right of revocation before the end of the revocation period. The term begins for the user / advertiser on writing the revocation declaration and for the license holder on its receipt.
In case of an effective revocation it is up to both parties to return the benefits received and, if applicable, the benefits obtained (for example, interest). If the consumer cannot return the benefits received to the license holder in whole or in part, the consumer must compensate the license holder for the corresponding value.
Compensation for the value of services rendered until the moment of revocation is mandatory only if you are informed of the legal consequences (General Conditions of Contract) prior to the delivery of the declaration of acceptance of the contract and you expressly consented to beginning the formalities for consideration before the expiration of the revocation period. If there is an obligation to compensate the value, this may mean that you must comply with your contractual payment obligations for the period until revocation.
However, this may mean that you must meet your contractual payment obligations for the period until revocation. Repayment obligations must be fulfilled within 30 days. The term starts for you when you send the revocation statement and for us on its receipt.
Special guidance: Your right of revocation expires in advance if both parties have fulfilled the contract according to your express request, before you have exercised your right of revocation.
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