terms and conditions
Section 1: General
1. Rides24.com operates databases accessible via the Internet in which, via the so-called Public Domain, legal entities and natural persons capable to enter into legal transactions without limitations (hereinafter referred to as "participants") may advertise amusement attractions and equipment for sale against payment of a fee (advertisement function), and in which said entities and persons can search for advertise amusement attractions and equipment by means of the search function provided by Rides24.com.
2. The Public Domain of the Rides24.com website is generally open to participants acting as private or business sellers, as long as they are not acting as professional dealers. Ads by professional dealers may only be listed in the Professional Domain of the Rides24.com website.
3. The present General Terms and Conditions for Use apply exclusively to the relationship between Rides24.com and the participants using the Public Domain of the databases operated by Rides24.com (markets for advertise amusement attractions and equipment). Any terms and conditions of a participant contradicting the present or deviating from them shall not be valid.
4. For the use of the Professional Domain, exclusively the General Terms and Conditions for the Professional Domain shall apply.
5. Rides24.com merely provides the technical requirements, in the form of databases, by which information (advertisements) is conveyed without in any influencing the contents of advertisements. In particular, Rides24.com is not itself the party offering the advertised amusement ride and equipment for sale.
6. Rides24.com is not involved in the relationship between the seller and the party interested in the purchase, or buyer, neither in the capacity of an intermediary nor as a party or representative of any party. Agreements that were initiated as a consequence of an advertisement being placed on Rides24.com shall be concluded and implemented without Rides24.com participating.
Section 2: Scope of Services
1. Under the present Terms and Conditions, Rides24.com is under the obligation of providing an input mask for advertisements, of activating the advertisements placed via the input mask, and of ensuring that the advertisements in the Rides24.com databases can be retrieved via the Internet.
2. Rides24.com promotes the Rides24.com website and advertisements placed by the participants on its own and through third parties in particular by including the advertisements or parts thereof on other websites, in software applications, e-mails or print media, radio or television broadcasting campaigns. To this end Rides24.com can also provide third parties access to the data, information and content posted on the Rides24.com website. The participant herewith consents to having his advertisements translated for the purpose of integrating them into foreign websites or software applications.
3. The participants are entitled to use the Rides24.com website and its functions only within the scope of the current state of technology.
4. Rides24.com reserves the right to temporarily restrict the possibilities of placing and retrieving advertisements if this is required due to capacity limits, for purposes of server safety or integrity or in order to implement technical measures and if this serves to provide for a due and proper, or improved, performance of the contractual services owed (maintenance work). In so doing, Rides24.com shall take into consideration the legitimate interests of all users, in particular by informing them prior to taking the above measures.
5. In particular technical reasons may mean that it is not possible, or possible only to a limited extent, to retrieve activated advertisements (unexpected system failures).
6. Sections 13 and 14 of the present General Terms and Conditions for Using the Public Domain shall remain unaffected hereby.
Section 3: Registration and user account
1. The use of the Rides24.com Website requires a registration. The registration is free. With the registration a participant and Rides24.com conclude a contract regarding the use of the Public Domain of the Rides24.com Website (hereinafter referred to as “user agreement”). A participant is not entitled to the conclusion of the user agreement.
2. Only legal entities and natural persons capable to enter into legal transactions without limitations may register. In particular, minors are prohibited from registering.
3. The information a participant has to provide during registration has to be provided completely and correctly. The registration requires a valid e-mail address. A participant must choose a personal password which is to be kept secret and may not be disclosed to third parties.
4. In case the information provided during registration changes at a later date, the participant is obligated to update this information in his user account promptly.
5. Every participant may only register once on the Rides24.com website. The simultaneous registration of more than one user account is prohibited. A circumvention of this regulation is not allowed. A user account is not transferable.
6. Rides24.com reserves the right to delete user accounts, which have been inactive for a period of 12 months.
Section 4: Insertion and extension of advertisements
1. A participant acting as a private seller may only place two advertisements in the Public Domain of the Rides24.com website at the same time. Within a calendar month a participant acting as a private seller may only list a maximum number of two advertisements. A misuse, especially through the use of multiple user accounts, gives Rides24.com the right to delete listings and extraordinarily terminate the user agreement.
2. In calculating the advertisement period, the day on which the advertisement is placed or extended shall not be included. The advertisement period shall commence at midnight on the day following the day the advertisement was placed, accepted or extended, and shall end upon expiry of the last day of the advertisement period.
3. The General Terms and Conditions for Using the Public Domain and the Rides24.com Price List for using the Public Domain applicable in each case at the time the advertisement is placed or extended shall be authoritative for the contents of the Agreement and the advertisement price. The price of an advertisement is presented to a participant prior to its insertion or extension.
4. Permitted modifications to an advertisement are free of charge and can be performed with the advertisement number allocated to the advertisement and the postal code of the participant, using the menu item "Myrides24".
5. An advertisement may be deleted by the participant at any time. Should an advertisement be deleted by the participant, no reimbursement of an advertisement price already paid shall be made.
Section 5: Due Date of the Advertisement Remuneration, Payment
1. Payment for an advertisement can be done by bank wire transfer or PayPal. The remuneration for the inclusion of advertisements in the databases shall be due in advance, that is, before the advertisement is included in the database. In this context, it shall suffice to grant, in due time, debit rights by providing credit card details or by allowing direct debit in due time.
2. Should the collection of payment fail, the participant is to reimburse Rides24.com for the additional costs incurred, unless it is not responsible for such failure.
Section 6: Deletion of Advertisements, Blocking and other Measures
1. Rides24.com may take the following measures if there is sufficient indication that a participant has violated statutory provisions, the rights of third parties or the present General Terms and Conditions for Using the Public Domain, or if Rides24.com has any other legitimate interest (in particular in case of default in payment):
- Delete advertisements or other contents placed with Rides24.com
- Delay advertisements or other content placed with Rides24.com
- Issue warnings to participants
- Limit or restrict the use of the Rides24.com website
- Block participants for a limited period of time
- Suspend participants finally and conclusively
In selecting the measure, Rides24.com shall take into consideration the legitimate interests of the affected participant, in particular whether there are indications that the participant is not responsible for the violation.
2. Rides24.com may delete advertisements if, in terms of their content or layout, the advertisements violate the present General Terms and Conditions for Using the Public Domain or statutory provisions, or if they violate the rights of third parties. Should Rides24.com have deleted an advertisement, the participant shall nonetheless be under obligation to pay the price for the advertisement.
3. Rides24.com may finally and conclusively suspend a participant from using the Rides24.com website, if the latter has repeatedly violated the present General Terms and Conditions for Using the Public Domain, or has done so in particularly grave instances, or if another important cause is given.
4. When a participant is suspended, he may no longer use the Rides24.com website and may not register a new user account.
5. Participants may terminate the user agreement at any time. For this purpose a participant can delete his user account at any time.
6. Rides24.com may terminate the user agreement at any time with a cancellation period of 14 days. The right of suspension remains unaffected.
Section 7: Price Modifications/ Changes or Amendments to the General Terms and Conditions for Using the Public Domain
1. Price modifications shall be announced by modifying the Price List retrievable via the Internet, stating the date of modification. The new advertisement price shall apply for the advertisements placed in the database and extended as per the date of amendment or modification. An advertisement, which is active during the price change will expire according to the previous conditions.
2. Rides24.com has the right to change the General Terms and Conditions for Using the Public Domain at any time without the disclosing of reasons. The new General Terms and Conditions will be disclosed to the participant before the insertion or extension of an advertisement. A participant must accept the new General Terms and Conditions to insert new advertisements or extend existing advertisements. An administrative access to the user account and the maintenance of existing advertisements remains possible without accepting the new General Terms and Conditions. If a participant does not accept the new terms he can terminate his account at any time.
Section 8: Requirements as to the Contents and Layout of Advertisements
1. The participant shall be under obligation of placing an amusement attraction or equipment only in the section provided for that type of amusement attractions or equipment.
In detail this shall refer to the following:
- Arcade & Video
- Bumper Cars
- Carousels
- Dark
- Family
- Go-Karts
- Inflatables
- Kiddie
- Major
- Midway & Skill
- People moving equipment
- Roller Coasters
- Water
- Vending Machines
- ·Any other category that applies
2. The participants are under the obligation of providing complete and correct information with regard to the amusement ride and equipment (especially concerning the manufacturing date and sales price), the legal relationships concerning the amusement ride and equipment as well as with regard to the remaining content of the advertisement. Amusement ride and equipment equipped with significant problems or accidents must be identified as such. In this case the actual problem/issue/happening must be disclosed. Incorrect information provided by mistake (such as, for example, typing errors, placement in incorrect categories) are to be corrected without undue delay upon being discovered using the menu item "MyRides".
3. When placing the ad, the participant must disclose if the amusement ride and equipment is significantly damaged and these damages have not been repaired. The participant shall do this by flagging the amusement ride and equipment by selecting "Yes" or "No" for the function "Is there a significant non-repaired damage, or is this a non-repaired accident amusement ride and equipment?" when placing the ad. Significant damage that has not been repaired refers to damage to the engines and transmissions, and damage caused by accidents, fire, hail or water which is impossible to repair or can only be repaired by spending a substantial amount of money. This especially encompasses amusement ride and equipment meant to be exploited. Minor damage is excluded from this and should be specified in text in the field “Additional information”. The obligation to disclose known and repaired previous significant damage shall remain unaffected hereby. Amusement ride and equipment designated as having significant unrepaired damage will only be found if the search option "Damaged Amusement ride and equipment" or "Only show ..." is selected in the search screen.
4. It is not permitted to advertise more than one amusement ride and equipment per advertisement.
5. It is not permitted to concurrently advertise the same amusement ride and equipment in multiple instances in any of the categories. This shall also apply if the same amusement ride and equipment is to be placed in the database at the same time by different participants working together.
6. During the term of the advertisement, the participant must be able to promptly conclude a legally effective sale agreement as to the offered amusement ride and equipment with an interested party, to hand over the amusement ride and equipment at the specified date of availability (used amusement ride and equipment) or, respectively, at the date of delivery (new amusement ride and equipment), and to have ownership in the amusement ride and equipment devolve onto said interested party.
7. The advertisements may be illustrated with photographs. The participant undertakes to place only such photographs in the Rides24.com databases which it is authorized to use without restrictions and which are not encumbered with third-party rights - in particular not with intellectual property rights of third parties. The photographs used may not be misleading and must reflect the actual conditions of the amusement ride and equipment being offered in the advertisement. If the participant uses pictures from a catalogue, such use must be separately indicated.
8. Where Rides24.com provides certain seals of quality, guarantee marks or other symbols of trustworthiness, a participant is obliged to take care that they are only displayed in ads for amusement ride and equipment that qualify for them. Other symbols of trustworthiness may only be used if so authorized by Rides24.com.
9. It is generally not permitted to include links to external websites and external sources of information in an ad unless they are strictly required for legal reasons. Links in this sense also refer to email addresses and non-activated web addresses (URLs) and parts thereof. Exempted are links, inserted into the free text of the ad, to the participant's own, externally hosted pictures of the amusement ride and equipment, PDF files and multimedia presentations, if these contain additional information about the advertised amusement ride and equipment (e.g. amusement ride and equipment reports, user manuals, etc.).
10. Specifying premium service telephone numbers, particularly (0)190 and (0)900 numbers, which, when dialed, result in higher telephone charges for callers, is not permitted.
Section 9: Responsibility for the Contents of Advertisements
1. Solely the participant shall be responsible for the contents of the advertisements. Rides24.com shall review the advertisements neither for correctness nor completeness. Rides24.com will not enter into any warranty for the correctness and completeness of advertisements.
2. Rides24.com excludes any and all warranty and liability for the compliance of advertisements with statutory provisions.
3. Rides24.com in particular excludes any and all warranty and liability arising from the fact that sale agreements initiated or concluded on the basis of Rides24.com advertisements are unenforceable according to the national law of an affected state, or in any other way result in legal or economic disadvantages for one or both parties to the sale agreement.
Section 10: Indemnification
The participant shall release Rides24.com from any and all claims asserted by third parties against Rides24.com because their rights are being violated by the participant's advertisement or by any other use of the Rides24.com website by the participant. In so doing, the participant shall also assume the necessary costs incurred by defending the rights of Rides24.com, including any and all legal and court fees. This shall not apply if and to the extent the participant is not responsible for the violation of rights.
Section 11: Database Updates, Deletion of Advertisements
In order to make the amusement ride and equipment search as interesting and successful as possible, Rides24.com takes all efforts to update its databases. This is why amusement ride and equipment advertisements are to be deleted by participants as soon as the amusement ride and equipment on offer has been sold or is no longer available for other reasons.
Section 12: Manipulation of amusement ride and equipment Search and Disruption of System Integrity
1. Participants may search for amusement ride and equipment in the Rides24.com databases exclusively by means of the search masks offered by Rides24.com. It is not permissible to search for amusement ride and equipment bypassing the search masks, in particular by using searchware accessing the databases of Rides24.com. Non-compliance will be prosecuted, among other aspects, under civil law under the aspect of interference with an established and operating business, and will have consequences under criminal law under the aspect of illegal interference with affiliated industrial property rights as provided for in Section 108 et seq. of the Copyright Law.
2. Activities targeted at rendering the Rides24.com website dysfunctional or complicating its use are prohibited. The participant may not take any measures that may result in a strain on the Rides24.com infrastructure that is excessive or that users cannot reasonably be expected to tolerate. Participants shall not be permitted to block, rewrite or modify contents generated by Rides24.com, or in any other way to create a disturbance by interfering with the Rides24.com website.
3. It is not permitted to falsify or manipulate the results of the amusement ride and equipment search functionality of the Rides24.com website by entering incorrect or misleading information, by inserting a amusement ride and equipment in the wrong category, by using technical means or any other misuse of the functionalities of the Rides24.com website.
Section 13: Warranty
1. If the participant is entitled to statutory warranty claims, Rides24.com shall initially have the right to subsequent fulfillment of contractual obligations. This shall be effected by extending the advertisement period for the advertisement placed [in the database] by the respective participant.
2. In cases of force majeure, Rides24.com shall be released from its obligation to perform. All unforeseeable events shall be deemed to be force majeure, as well as such events for the effects of which on the performance of the agreement neither of the parties is responsible. Such events shall include in particular legitimate measures of collective action, also in third-party companies, official measures taken by authorities, the failure of communication networks and gateways of other providers, disturbances in the area of network operators, and other malfunctions, also in case such circumstances occur in the area of subcontractors, sub-suppliers, their own subcontractors, or operators of subnodal data processors. No claims shall result for participants for any failures for which Rides24.com is not responsible.
Section 14: Limitation of Liability
1. Except if essential contractual obligations are violated, Rides24.com shall be liable for damages vis-à-vis companies only if and to the extent Rides24.com, its legal representatives, senior executives or other persons employed by Rides24.com in the performance of its obligations are culpable of having acted intentionally or with gross negligence. Should essential contractual obligations be violated, Rides24.com shall be liable for any culpable conduct of its legal representatives, senior executives or other persons employed by Rides24.com in the performance of its obligations.
2. Vis-à-vis consumers, Rides24.com shall be held liable only for intentional and grossly negligent conduct. In case of essential contractual obligations being violated, of a debtor defaulting or of Rides24.com being responsible for it being impossible to perform contractual obligations, however, Rides24.com shall be liable for any culpable conduct of its legal representatives, senior executives or other persons employed by Rides24.com in the performance of its obligations.
3. With the exception of intentional or grossly negligent conduct of legal representatives, senior executives or other persons employed by Rides24.com in the performance of its obligations, the liability of Rides24.com shall be limited in its amount to damages typically foreseeable at the time the agreement is concluded.
4. A liability for the compensation of indirect damage, in particular for lost profits, shall only be given in case of intentional or grossly negligent conduct of legal representatives, senior executives or other persons employed by Rides24.com in the performance of its obligations.
5. The above referenced exclusions and limitations of liability vis-à-vis entrepreneurs or consumers shall not be applicable in case of specific guarantees having been made by Rides24.com, nor in case of damages resulting from injury to life, limb or health or the violation of mandatory statutory provisions.
Section 15: Copyright and Usage Rights
Any and all data, information, company logos, texts, programs and images of advertisements placed on the Rides24.com website shall be subject to copyright laws. The modification, further processing and usage by third parties in media of any kind is not permitted. The participant's rights shall remain unaffected hereby. It may continue to freely dispose of its own data and information.
Section 16: Exercise of rights by third party, transfer of contract
1. Rides24.com may make use of other companies when performing the rights and obligations under the user agreement.
2. Rides24.com has the right to fully or partially transfer the contract to a third party with a notification period of four weeks. In this case a participant may terminate the contract. For this purpose a participant can delete his user account at any time.
Section 17: Place of Performance, Applicability of Swiss Law, Jurisdiction
1. To the extent the participant is an entrepreneur, the agreement to use the website and databases of Rides24.com, including these General Terms and Conditions for Using the Public Domain shall, in its application and interpretation, be subject exclusively to the laws of the Switzerland. The application of the United Nations Convention on Contracts for the International Sale of Goods of April 11th, 1998 shall be excluded.
2. To the extent the participant is a consumer, the agreement to use the website and databases of Rides24.com, including these General Terms and Conditions for Using the Public Domain shall be subject to the laws of Switzerland, unless there are mandatory statutory provisions, in particular consumer protection provisions, to the contrary.
Section 18: Severability Clause
The ineffectiveness of individual provisions of the present General Terms and Conditions for Using the Public Domain shall not affect the validity of the remaining provisions. Such ineffective provisions shall be replaced primarily by legally effective provisions which come as close as possible in economic terms to said ineffective provisions. The same shall apply for any omissions in the provisions set out in these General Terms and Conditions.
