Terms and Conditions

These terms and conditions govern your use of DMT Club a website and a service of DMT direktmarketingtool.de GmbH, by using our services or website, you agree to the following terms. If you use our website and services on behalf of an entity or a company, then these terms apply to that and its affiliates and employees. In such case, you represent and warrant that you have the authority to bind the entity or the company to these terms. This agreement is governed by the laws of the Federal Republic of Germany irrespective of your location. If you have questions related to this agreement, please contact us via mail at: info@dmt-club.com

1. Description of the Website

1.1 General Description. Our website includes an online marketplace for downloading digital works and is divided in a public and a private section. The public section offers, among other things, to all visitors general information about our website and services, the ability to view and search for works and to view and post comments on our blog. The private section is only accessible by club members and allows them (in addition to all services available in the public section) the ability to access our documentation, support forum and download the works according to their membership.

1.2 Registration. Each visitor may become a registered member by purchasing a subscription. During registration certain informations are requested. Once the information is entered during registration, the information cannot be edited later, except contact data like first name, last name, phone, fax and email. The member must declare whether he is registering as an individual or on behalf of a company or entity (if so, by filling out the company field and if possible the VAT-Nr. field). After registration it is not possible to switch an account from individual to business, or reverse.

1.3 Download. Any download by members must be done through their own accounts, and such work is subject to the selected license during registration. The license agreement is incorporated into these terms by reference.

1.4 Privacy. The privacy policy at http://www.dmt-club.com/en/privacy-policy.html governs any personal information you provide to us and is incorporated into these terms by reference. By using our website or services you agree to the terms of the privacy policy.

2. General Acknowledgments

You may only use our website and services if you have the legal capacity to enter into this agreement with us and your use does not violate applicable law.

3. Your Use of Our Works

3.1 Restrictions. You may only download works from our website in accordance with these terms and the license(s) covered by your active membership(s). You may not use, reproduce, distribute, display or create derivative works based on any content on our website unless you enter into a membership, and you may do so only according these terms and the agreements and licenses of your active memberships(s).

3.2 Ownership. No ownership of any work is transferred and no sale of any works is effectuated on or through our website or services. Only the rights expressly licensed in the membership are granted on or through our website and services. We retain all title and ownership rights in and to the works. Our works are covered and protected by our copyright, trademark and other intellectual property rights.

3.3 Other Licenses. Some parts of our work are covered by other licenses like the GNU General Public License or CC Creative Commons. You can use these parts according the conditions of the respective license.

4. Your Use of our Website

4.1 Responsibility. We have no obligation to review any content uploaded or posted onto our website by guests, visitors, member or any other third person, and we have no responsibility for this content. We have the right to accept or deny, delete, move or edit any uploaded or posted content. If you upload or post any content onto our website, or any content is uploaded or posted onto our website using your account, then you remain solely responsible for such content.

4.4 Content on Other Websites. We have no responsibility for any content on other websites to which you may access from our website.

4.5 Modification. We may change, update, or discontinue any or all of the services on our website at any time. We may remove or revise any materials on our website for any reason at any time without notice to you. We have no obligation to make, or continue to make, our website or service available to you.

4.2 Feedback. You have no obligation to provide us with ideas, suggestions, or proposals ("Feedback"). However, if you submit feedback to us, then you grant us a non-exclusive, worldwide, royalty-free license that is sub-licensable and transferrable, to use, reproduce, publicly display, distribute, modify, and publicly perform the Feedback.

5. Restrictions

5.1 You must not misuse our website and services. For example, you must not:
  • Allow any other person access to your account.
  • Sell or transfer your account to another person or entity.
  • Use our website in any manner that is not permitted by this terms or that violates any applicable law.
  • upload or post content or other material onto our website that is covered or protected by copyright, trademark or other intellectual property rights unless you own or control such rights or have received all necessary consents.
  • upload or post onto our website, or use our website to transfer, any content or other material that is libelous or slanderous or otherwise defamatory, obscene or indecent.
  • upload or post onto our website, or use our website to transfer, any content or other material that contains or constitutes viruses, worms, Trojan horses or other code with malicious, disruptive or destructive features.
  • attempt to gain unauthorized access to any hardware or software systems or networks associated with our website, or obtain any services or information not intentionally made available to you on or through our website.
  • attempt to gain unauthorized access to the account of any other person or entity, or otherwise interfere with any other person's or entity's use, of our website.
  • use any false or misleading information (e.g., false or misleading names, email addresses or URLs) when using our services and website or through the registration.
5.2 You may not use our website and services in a fraudulent manner, or otherwise in a manner for which our website and services is not reasonably intended to be used.

6. Subscription

6.1 Description. Your membership allows you to access works during the term of your subscription. Additional information is available at the subscriptions plans and in the faq.

6.2 Payment. If you purchase a subscription plan, then you authorize us to charge you the subscription fee listed at the time of purchase. We don't automatically renew your subscription, but before your subscriptions end, we will send you reminders with special conditions for renewal. Paypal payments are proccessed by PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (Commercial Register: R.C.S. Luxembourg B118349).

6.3 You may continue to use our works after your subscription term ends, subject to terms of this agreement and the covered licenses of your expired membership.

6.4 You may not transfer your subscription or allow others to use your subscription or account, even if they are your affiliates, colleagues, contractors, or employees.

6.5. You are allowed to share your downloads within the company that owns the membership. If your company is a member of a group of companies, you are not allowed to share your downloads within the group. Every member of a group of companies has to buy its own subscription.

6.6 Unused Downloads. Any unused downloads will automatically forfeit at the end of your subscription term.

7. Support

7.1. Technical Support. We provide technical support for our work only with our support system, documentation and tutorials. We will not provide any support via email, Skype, Facebook or Twitter. If you have any membership or billing questions please send an email to info@dmt-club.com.

7.2. Customization. We are committed to help you with any type of support query, however we can't provide extensive help in terms of customization, revising and versioning through the included membership support. If you like that we do a customization for you, please send an email with your request to customization@dmt-club.com

8. Indemnification

8.1 You will indemnify us and our subsidiaries, affiliates, officers, agents, employees, partners, and licensors from any claim, demand, loss, or damages, including reasonable attorneys’ fees, arising out of or related content and materials that you provide to us, your use of our website and services, or your violation of these terms.

8.2 We have the right to control the defense of any claim, action or matter subject to indemnification by you with counsel of our own choosing. You will fully cooperate with us in the defense of any such claim, action or matter.

9. Disclaimer of Warranties

11.1 The services, works, and website are provided “AS-IS.” To the maximum extent permitted by law, we disclaim all warranties express or implied, including the implied warranties of non-infringement, merchantability, and fitness for a particular purpose. We make no commitments about our works, services or content within. We further disclaim any warranty that (a) our services or works will meet your requirements or will be constantly available, uninterrupted, timely, secure, or error-free; (b) the results that may be obtained from the use of the services will be effective, accurate, or reliable; (c) the quality of our services or works will meet your expectations; or that (d) any errors or defects in our services or works will be corrected.

11.2 We specifically disclaim any liability for any actions resulting from your use of any services or works. You may use and access our services or works at your own discretion and risk, and you are solely responsible for any damage to your computer system or loss of data that results from the use and access of any service or works.

10. Limitation of Liability

We are not liable to you or anyone else for any special, incidental, indirect, consequential, or punitive damages (even if we have been advised of the possibility of these damages), including those (a) resulting from loss of use, data, or profits, whether or not foreseeable, (b) based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or (c) arising from any other claim arising out of or in connection with your use of or access to our services or works. Nothing in these terms limits or excludes our liability for gross negligence or for our (or our employees) intentional misconduct. The total liability in any matter arising out of or related to these terms is limited to the costs of your purchased licence. The limitations and exclusions in this section apply to the maximum extent permitted by law.

11. Termination and Suspension

11.1 We may terminate these terms or your account upon notice to you at our discretion, including, without limitation, for your breach of these terms (or act in a manner that clearly shows you do not intend to, or are unable to, comply with these terms), or if it has become impractical for us to offer our website and services in your region. You may at any time terminate these terms or your account by sending a termination request to us through your account page on our website.

11.2 We will terminate a user account and access to our website and services if we have fotnd out the user to be a repeat infringer.

12. Effect of Termination

12.1 Upon termination of these terms:
  • Your account will be canceled and closed;
  • You may continue to use the work that you have downloaded and paid for;
  • You will forfeit all rights, title and interest in and to any;
  • We may prevent you from signing up to use or access our website and services.
12.2 Exception to 12.1 is in case of terminition of the membership by DMT due to infringe comitted by member. In this case you loose any right to use our work furthermore.

12.3.Termination of this agreement does not relieve you of any obligations to pay any outstanding fees, or other obligations under any other agreement that has not been specifically terminated, such as an Upload Agreement or Download Agreement. The provisions of Sections 8, 9, 10, 11 and 13 will survive the termination of these terms.

13. Miscellaneous

13.1 Governing Law. Your relationship is with DMT direktmarketingtool.de GmbH, a German company, and our services and these terms are governed by the law of Germany. You may have additional rights under the law. We do not seek to limit those rights to the extent prohibited by law.

13.2 Dispute Resolution. For any concern or dispute you may have, you agree to first try to resolve the dispute informally by contacting us. If a dispute is not resolved within 30 days of submission, you or DMT direktmarketingtool.de GmbH must resolve any claims relating to these terms, the services, or the software through final and binding arbitration. IHK Regensburg will administrate the arbitration pursuant to its rules of arbitration. The arbitration will be held at the IHK Regensburg, Germany or any other location we agree to. Judgment upon the award rendered may be entered and will be enforceable in any court of competent jurisdiction having jurisdiction over the parties.

13.3. EU Dispute Resolution. If your are a resident of the EU, you can use the platform of the EU for online dispute resolution: https://webgate.ec.europa.eu/odr

13.4 No Class Actions. You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action.

13.5 No Agency. The relationship between you and us under these terms is that of independent contractors. For clarification purposes, the parties are not joint venturers, partners, principal and agent, or employer and employee. Neither party has the power to bind or obligate the other in any manner.

13.6 Taxes. You are responsible for all use, sales, value-added and similar taxes and duties imposed by any governing authority in any jurisdiction in connection with your use of the Website. If you have purchased a subscription from us, then at the beginning of each billing period, we will charge you the fee stated at the time of purchase plus applicable tax (such as, value added tax (unless the fees are stated inclusive of VAT), sales tax, use tax, or other tax or duty). If the applicable VAT rate, or other included tax or duty, changes during the one-year term, the tax-inclusive price will change accordingly. In that case, the service begins when we confirm your payment. Specific subscription terms for a particular Service are presented at the time of your purchase.

13.7 No Waiver. Our failure to enforce or exercise any of these terms is not a waiver of that section.

13.8 Assignment. We have the right, in our sole discretion, to assign any or all of its rights or obligations under these terms. You have no right to assign any of your rights or obligations under these terms and any such attempt will be void.

13.9 Severability. If a particular term is not enforceable, the unenforceability of that term will not affect any other terms.

13.10 Changes and Modifications. DMT direktmarketingtool.de GmbH reserves the right to change or modify current terms at any time with no prior notice. Therefore, we encourage you to review changes to our privacy policy, terms and conditions and disclaimer every time you visit our website or services.