Terms and Conditions

1. Provider, Scope of Application

1.1 The provider and operator of the online service (hereinafter referred to as “the Service,” the “platform” or “Marketing eShop”) and thus the contractual partner of the Users of the Service (hereinafter referred to as “User”) is Marketing eShop Denis G, Israel (hereinafter referred to as “Marketing eShop”).

1.2. The following General Terms of Use contain the basic rules for using MARKETING ESHOP and governing all legal transactions and acts of similar nature effected between the User of the service and MARKETING ESHOP. They apply exclusively. The Userâ€™s terms of business are hereby refuted insofar as they contain provisions diverging from or conflicting with the Terms of Use given below.

2. Definitions

“User” shall mean any individual person or legal entity or association of persons registered with MARKETING ESHOP.
“Downloader” shall mean any User downloading a products placed on MARKETING ESHOP.

3. Registration, User Account, Conclusion of Contract

3.1 Using the service is contingent upon the User registering with MARKETING ESHOP and setting up a user account. When registering the User is bound to provide complete and truthful information. If subsequent to registration any of the data collected changes, then the User must update the particulars in his/her user account without delay.

3.2 On registering, the User chooses a user name and a password (referred to hereinafter as “Access Data”). User names are not permitted if their use constitutes an infringement of third-party rights, in particular the right to use a name or mark, or which otherwise break the law or are contrary to public policy. The User must keep his/her Access Data secret and protect it from unauthorised third-party access. If the User mislays his/her Access Data, or if he/she discovers or suspects that his/her Access Data is being used by a third party, then he/she must immediately notify MARKETING ESHOP to this effect.

3.3 On sending off the registration form, the User submits an offer to conclude an agreement on use with MARKETING ESHOP. MARKETING ESHOP reserves the right to turn down the Userâ€™s registration without giving reasons. On MARKETING ESHOPâ€™s acceptance of the registration, the User receives a confirmatory email containing a link and an activation code, and again listing the Userâ€™s main particulars. On receipt of this confirmatory email, the agreement on use is brought about between MARKETING ESHOP and the User.

3.4 Using MARKETING ESHOP is not permitted for minors and individuals who have no or only limited legal capacity.

4. Downloading eBooks,PLR Products And Software

5.1 On principle, MARKETING ESHOP may be used of charge. The restrictions laid out in the following provisions and in Item 6.1 below apply solely when downloading products.

5.2 For downloading products, the User needs purches credits from MARKETING ESHOP. Download credits grant entitlement to download products. Download credits can be acquired in that mean:

the User has the possibility of purchasing download credits. To this end, MARKETING ESHOP has installed a page on its website (“Download Credit Shop”) where the User can purchase download creditess on various terms.

5.3 MARKETING ESHOP makes use of certified online payment systems for handling payments due for non-gratuitous download credits. The providers of these systems assume the handling of payments in the name of and to instructions from MARKETING ESHOP. However, MARKETING ESHOP retains title to the payment claims and reserves the right to assert such claims itself.

6. Revenues from Non-Gratuitous Downloads

6.1 When a product is downloaded using a purchased download credit, MARKETING ESHOP pays over the respective fee to the client. To cover the cost of running the platform, MARKETING ESHOP directly deducts and retains a share of 40% from the clientâ€™s claim to payment. Effectively, the clientr therefore receives 60% of the fee paid for downloading his/her product.

6.2 MARKETING ESHOPE immediately credits to the clientâ€™s user account the respective balance from downloads of his/her products. Each User can see the balance in his/her account at any time by logging into his/her personal area at MARKETING ESHOP.

7. Basic License

7.1 The Basic License entitles the downloader to download, i.e. and to use it in his/her private sphere as well as for commercial purposes in accordance with this Item 71. In addition, the Basic License permits using the product as an element in “original artwork” or in “an editorial context. “Original artwork” within the meaning of this provision means new works created by the downloader of which the relevant product is an integral part, such as collages, websites, advertising media and materials for promotional purposes. The downloader is also always allowed to process the product when creating original artwork or when using it in an editorial context within the meaning of this Item 7.1.

Subject to Items 7.2 and 8 below, the original artwork thus created, or the content containing the product that has been thus edited and prepared, may subsequently be comprehensively exploited by the downloader, namely by means of reproduction, distribution, publication and otherwise. To this end, the client grants the downloader in perpetuity the required non-exclusive and transferable rights of use in the product, unrestricted in terms of territory.

7.2 Under the Basic License, the following usages are not permitted on principle. However, should the necessity arise, there is a possibility of acquiring extended rights of use in relation to these specific types of usage that are otherwise not permitted:

In cases where original artwork or use in an editorial context within the meaning of Item 10.1 does not apply: merely copying and subsequently using a product, merely distributing a producth or delivering it to third parties â€“ including clients and associated companies â€“ in some other form (e.g. resale, provision-on-demand), making a product available to the public, and exhibiting, displaying, performing, broadcasting or otherwise exploiting a product. This includes in particular and above all products exclusively or mainly depicting the product, i.e. on which the product is used without any textual reference, such as being linked to script or other graphic elements. This involves in particular photo databases, photo catalogues, CMS systems and compilations of similar kind, as well as use for depiction on posters, postcards, e-cards, items of clothing, mousepads, mugs or similar carriers.
Copying, distributing and enabling public access to original artwork, in order to make it available to a large number of third parties for their own purposes. Similarly, making original artwork available to more than one third party, for instance by making a website template available to the public for downloading, is not permitted. If in any doubt, the downloader must contact the client concerned.
Distributing print publications and original artwork in a physical form, if the number of items put into circulation exceeds 250,000.

8. Naming Authors & Sources on Photographs

Unless otherwise agreed in the license selected, when using a product the downloader must mention the client as its author in the imprint or by the picture, stating his/her name or â€“ if this is not possible â€“ his/her user name on MARKETING ESHOP (copyright notice); at the same time MARKETING ESHOP is to be named as the source of the product (source notice). When a product is used in online presentations, the notice must contain an embedded link to the v website. An admissible copyright and source notice would therefore read: “product: [name of client] / Source: MARKETING ESHOP [appropriately linked in online presentations]â€.

9. Inadmissible Content & Conduct

The User undertakes vis-Ã -vis MARKETING ESHOP not to upload any illegal pictures on to MARKETING ESHOP, in particular no pictures which

are of a defamatory or derogatory nature;
infringe another personâ€™s right to protection of privacy or other personal rights, such as the right to oneâ€™s own picture, in particular third partiesâ€™ rights to their own picture;
contain pornographic, obscene or abusive motifs and materials;
infringe other partiesâ€™ copyrights, ancillary copyrights or trademark rights;
are liable to civil action or prosecution on other grounds.

The same applies to articles, the content of the user profile and other contributions by the User which are published or intended for publication on MARKETING ESHOP. MARKETING ESHOP reserves the right to delete products, articles, user profiles and contributions if and as necessary.

10. Userâ€™s Liability

101 The User, in particular the client, is solely responsible for all his/her assignments of rights and contributions, and for the content of his/her user profile. The User warrants and represents to MARKETING ESHOP in particular that he/she is entitled and able to assign the rights to the extent specified in Items 7, 8, 9 and 10, and to the extent specified in any extended rights of use that are offered. The User is under obligation to review with care whether a product and its intended use on MARKETING ESHOP constitute an infringement of third-party rights.

10.2 If any claims are filed against MARKETING ESHOPby third parties as a result of a culpable violation of the duties incumbent on the User â€“ and in particular on the clientâ€“ regarding the granting of rights of use, then the User shall fully release and discharge MARKETING ESHOPon first demand from all and any liability and costs, including litigation costs. The same applies if a claim is filed against a downloader by a third party, based on a violation of the clientâ€™s duties towards such downloader in respect of the assignment of rights of use. MARKETING ESHOP shall immediately inform the User if any such claim is filed, and insofar as is required by law and/or possible, it shall give the User an opportunity to enter a defence against the claim being asserted.

10.3 Item 10.2 shall apply mutatis mutandis to any claims by other Users or third parties due to the subject-matter of a productâ€“ regardless of its authorship â€“ infringing a third partyâ€™s legal position, in particular exploitation rights under copyright law or personal rights (in particular the right to oneâ€™s own picture), or if any other third-party rights (in particular personal rights) are infringed by the Userâ€™s contributions or the content of his/her user profile.

11. MARKETING ESHOPâ€™s Liability

MARKETING ESHOPshall be liable in accordance with statutory regulations, with the following limitations: if a registered User sustains any damage due to loss of data, then MARKETING ESHOPshall not be held liable insofar as the damage would have been avoided if the User had stored all the relevant data in its entirety at regular intervals. Provided any damage occurring does not involve mortal injury, physical harm or health damage, and as long as only slight negligence applies, MARKETING ESHOPâ€™s liability for any damage which is unforeseeable or atypical for the type of contract is excluded.

12. Term & Termination of the Subscription & Agreement on Use

12.1 The agreement on use is concluded for an indefinite period. Routine notice of termination may be given by either party at any time. MARKETING ESHOP and the User reserve the right to give immediate extraordinary notice. MARKETING ESHOP may give extraordinary notice in particular in the event of any serious breach of these Terms of Use. In all events, notice terminating the agreement on use must be given in text form.

12.2. As a more lenient measure in the event of a breach of these Terms of Use, MARKETING ESHOP may also temporarily inactivate the Userâ€™s account in order to urge him/her to comply with his/her obligations. The User shall be notified in writing about any such inactivation of his/her account.

12.3 In the event of his/her user account being inactivated or of MARKETING ESHOP giving notice for important cause, the User concerned shall be prohibited from re-registering and opening a new user account with MARKETING ESHOP, until such time as MARKETING ESHOP gives express prior approval.

12.4 When notice of termination takes effect, MARKETING ESHOP shall delete the registered Userâ€™s account including all the products placed on MARKETING ESHOP. MARKETING ESHOP shall refund pro rata any payments already made for non-gratuitous download credits purchased.

12.5 The credit balance in a registered Userâ€™s account shall be settled on the date when notice of termination takes effect. Irrespective of the amount, the existing credit balance shall be paid out to the registered User 14 days after termination of the agreement on use.

12.6. MARKETING ESHOP subscriptions have a 3 month minimum and renew automatically. You will be billed monthly. After the 3 month minimum time period has passed, if you wish to cancel your subscription you must do so in writing before the beginning of the next month.

13. Data Protection

Further information on data protection and data safety can be obtained from MARKETING ESHOPâ€™s Data Protection Policy.

14. Amendments to the General Terms of Use

MARKETING ESHOP reserves the right to amend these General Terms of Use at any time. On logging in, Users will be notified on a separate Internet page about any amendments or the new Terms of Use. Registered Users are given 7 days to consider whether to accept application of the amendments or the new Terms of Use. During this period, the User may continue using MARKETING ESHOP in accordance with the unaltered Terms of Use. In the event that the User decides not to accept application of the amendments or the new Terms of Use, vreserves the right to exercise its right to give routine notice. On the relevant page on its website, MARKETING ESHOP will specifically draw registered Usersâ€™ attention to the time allowed for consideration, to the deadline, and to its reservation of the right to give notice.

15. Governing Law

Both the contractual relationship between MARKETING ESHOP and the registered User and these General Terms of Use shall exclusively be governed by the laws of the Federal Republic of Germany, excluding provisions on conflict of laws.