Terms of Service

1.1 DDOWNLOAD provides its services exclusively on the basis of these General Terms and Conditions, hereinafter referred to as “Ts&Cs”. The provisions contained in these Ts&Cs do not constitute any rights for the benefit of third parties.

1.2 DDOWNLOAD reserves the right to amend the provisions of these Ts&Cs with future effect without the User’s prior consent, provided such amendment is reasonable for the User under consideration of DDOWNLOAD’s interests. DDOWNLOAD gives notice of such amendments within the scope of its services and will make such amendments public and accessible via www.ddownload.com/legal. If the User uses the service after the amendment date, the User agrees to the amended Ts&Cs. Section 7.3 remains unaffected by the above provision.

1.3 The User is obligated to acknowledge that all rights to DDOWNLOAD’s service, including industrial property rights, are the exclusive property of DDOWNLOAD. The above provision applies in no event to files/content stored/uploaded by the User. The User is not authorized to exploit or use such rights or to remove any references to DDOWNLOAD’s copyrights in any event without DDOWNLOAD’s express written consent. For example, to copy DDOWNLOAD’s service, in whole or in part, and to use DDOWNLOAD’s service in other online offerings.

1.4 These Ts&Cs and any agreements entered into based on these Ts&Cs are governed by the laws of zzzzz. The United Nations Convention on Contracts for the International Sale of Goods, the rules of International Private Law, as well as any reference to such provisions and rules is excluded.

1.5 The place of jurisdiction for any disputes arising from or in connection with these Ts&Cs is, to the extent permitted by law, the respective registered seat of DDOWNLOAD. DDOWNLOAD is, however, entitled to enforce judicial orders at the seat of the User. This applies also, in the event DDOWNLOAD brings actions or damage claims against Users.

1.6 Should a provision or several provisions of these Ts&Cs be or become invalid or unenforceable, in whole or in part, this does not affect the validity and/or enforceability of the remaining provisions of these Ts&Cs.

2.1 DDOWNLOAD provides its Users access to the service; DDOWNLOAD is generally authorized to permit only registered Users the use of certain services.

2.2 The User has, in general, a claim to the uninterrupted availability of the service. DDOWNLOAD will use its best efforts to warrant service availability 24 hours a day and seven days a week. DDOWNLOAD reserves the right to restrict the contractually agreed services for the purpose of security related measures, such as maintenance or technical innovations. This provision applies also to measures required for operations. In the event of unscheduled measures, DDOWNLOAD will endeavor to provide the Users with reasonable advance notice and to restore the availability of the service. Should DDOWNLOAD’s service be unavailable, this does not constitute any claims of the User to warranty or damages or compensation of expenses/costs.

2.3 In the event of availability interruptions it is possible that a certain number of requests cannot be recorded and/or logged. Such event does not constitute any claims of the User to warranty or damages or compensation of expenses/costs.

2.4 DDOWNLOAD is not obligated to provide its services in the event of force majeure. Force majeure events can include:

• If the delivery of goods or services by suppliers is delayed or canceled (provided such delay or cancellation is caused by force majeure)
• Power failures and interruptions or destruction of power lines beyond DDOWNLOAD’s sphere of responsibility
• Strike and lock-out
• Software based attacks by Users or third parties, such as malicious software or DDoS attacks
• Official or judicial orders

But also such cases DDOWNLOAD could not have prevented by applying reasonable care. DDOWNLOAD is obligated, in general, to perform certain security measures. Such obligation does, however, not obligate DDOWNLOAD to exclude the occurrence of force majeure events.

2.5 DDOWNLOAD may perform changes to DDOWNLOAD’s service design and structure, as well as to service upkeep or improvement in the form of technical innovations and/or to implement up-to-date software versions, at any time.

3.1 Files, which the Uploader/User uploads/stores and which DDOWNLOAD stores on behalf of the Uploader/User, are considered to be external third party information. This information is not the property or responsibility of DDOWNLOAD.

3.2 If the Uploader/User uploads files that link from external third party internet offerings / third party web pages via hyperlinks, DDOWNLOAD also considers such information to be external third party information. This information is not the property or responsibility of DDOWNLOAD and DDOWNLOAD assumes no responsibility or warranty for the availability of external internet offerings / third party web pages.

3.3 DDOWNLOAD is, in particular, not responsible for such external third party information, if DDOWNLOAD has no knowledge of any unlawful acts or the unlawfulness of such third party information and if, in the event of damage claims, DDOWNLOAD has no knowledge of any facts or circumstances which constitute an unlawful act or based on which the unlawfulness of such external third party information becomes obvious and/or DDOWNLOAD has gained knowledge of such facts or circumstances and took measures without undue delay and has removed such information or blocked access to such information. The above provision does not constitute any rights vis-à-vis third parties in any case.

3.4 The User is not entitled to any remuneration for the uploading/storing of files, unless remuneration is agreed between the User and DDOWNLOAD.

4.1 The User is, in general, not authorized to upload or store files and/or make files publicly available using DDOWNLOAD’s service that do not comply with these Ts&Cs and/or applicable law. The Uploader represents/guarantees that it possesses all required rights as owner or in the form of a utilization right to the files/content/information uploaded/stored by the Uploader to the extent such rights are required by these Ts&Cs. In addition, the Uploader represents/guarantees that the publishing, storing, editing and/or procuring of the files stored/uploaded by the Uploader does not infringe upon applicable laws, rights of third parties or these Ts&Cs.

4.2 Incompatible with these Ts&Cs are, in particular, files/content/information that contain malicious software of any kind, such as computer viruses, infringe upon patent, trademark or copyrights, i.e. intellectual property rights, that violate human dignity (by depicting dying or physically or mentally ill human beings), that have pornographic content, in particular depicting children or young persons and/or misuse of animals, that play-down violence, incite people, are racist, glorify violence and/or war, support terrorism, contain depictions that play-down violence, deny, play-down or even glorify national socialism, that obviously prevent or impair the development of children and/or young persons to become responsible personalities or to seriously jeopardize such development, that contain insults, libel or defamation, that contain private or personal data without consent of the affected individual or without statutory authorization, as well as any information that contains hate/slander/malice/contempt regarding parts of the population and/or groups and, as such, attack human dignity.

4.3 DDOWNLOAD may block or delete files that infringe upon these Ts&Cs and/or applicable law, in whole or in part, without prior notice, if third parties inform DDOWNLOAD of any such infringement or DDOWNLOAD gains knowledge of such infringement by its own proactive measures or if courts and/or authorities inform DDOWNLOAD of any such infringement and request that such files not be stored or published.

4.4 Should the User grossly or repeatedly violate these Ts&Cs and/or applicable laws, DDOWNLOAD is authorized to block the User’s access to DDOWNLOAD’s service, in part or in whole, or to extraordinarily terminate the User’s agreement with DDOWNLOAD in grave cases.

4.5 The User indemnifies DDOWNLOAD from and against all claims of third parties that such third parties assert based on any violation of their rights by the User due to any infringements. In the event damages or expenditures incurred by DDOWNLOAD or DDOWNLOAD’s advertising partners are asserted based on infringements upon or violations of these Ts&Cs by files/content/information of the User, the User is obligated to bear or reimburse such damages or expenditures, unless the User is not obligated to bear or reimburse such damages or expenditures.

4.6 DDOWNLOAD will take measures to protect intellectual property rights or third party rights to the extent reasonable and feasible, in particular as precaution against infringements or to identify infringements in order to remove or prevent such infringements. Should the User be or become aware of the fact that its stored/uploaded files/content/information violate these Ts&Cs or applicable laws or third party intellectual property rights, the User will notify DDOWNLOAD without undue delay of such hyperlinks that link to such files/content/information using a Takedown Notice. DDOWNLOAD may block or delete access to such files/content/information and DDOWNLOAD may integrate such files/content/information into its data filters.

5.1 These Ts&Cs do not obligate DDOWNLOAD to pass on or provide an overview of the available/stored files under DDOWNLOAD’s service.

5.2 DDOWNLOAD does not open and/or inspect the Users’ stored files/content/information, unless DDOWNLOAD is required to do so based on official or judicial orders. DDOWNLOAD does not catalog the aforementioned files/content/information or list it in tables of content. DDOWNLOAD does not provide a search function with which DDOWNLOAD’s service could be searched.

5.3 DDOWNLOAD has no influence on which individuals or persons are downloading files/content/information stored/uploaded by a User, using DDOWNLOAD’s service for stored files/content/information. DDOWNLOAD will not disclose to third parties the information under which Internet address files/content/information stored/uploaded by a User can be accessed using DDOWNLOAD’s service, unless DDOWNLOAD is obligated to disclose such information based on statutory or official orders.

6.1 Should the User’s stored/uploaded files/content/information violate applicable laws or these Ts&Cs, DDOWNLOAD is authorized to refuse the storing/uploading of such files/content/information in advance or to store such files/content/information under a different link. This provision applies, in particular, to files/content/information that contains discriminating, violence glorifying, racist and copyright protected depictions, in such case DDOWNLOAD is obligated or requested by third parties to block, delete or otherwise store such files/content/information.

6.2 DDOWNLOAD is authorized to delete files/content/information stored/uploaded by a User who uses DDOWNLOAD’s service free of charge, if the volume provided to the User is exceeded or if the agreement is terminated, for example because the agreement term has expired or the agreement has been terminated or extraordinarily terminated.

6.3 DDOWNLOAD expressly indicates that the User has no claim whatsoever to a perpetual and/or unlimited storage of its files/content/information. DDOWNLOAD also informs the User that the technical environment is subject to change.

6.4 DDOWNLOAD is authorized to delete files/content/information stored/uploaded by a User who uses DDOWNLOAD’s service against a service fee, if the storage volume provided to the User in its account is exceeded or if the agreement has been terminated or extraordinarily terminated.

Advertising design and its presentation and publishing is the sole responsibility of DDOWNLOAD at its own discretion. This applies, in particular, during the downloading period. The respective advertising form may also be selected by DDOWNLOAD at its own discretion.

The data protection provisions, as well as the data privacy statement, are provided and published by DDOWNLOAD at www.ddownload.com/privacy.

DDOWNLOAD is not liable for expenditures or damages or recourse claims, in particular for damage claims for lost profits or reimbursement of consequential and indirect damages. DDOWNLOAD’s liability pursuant to mandatory statutory provisions remains unaffected therefrom.

A „User“ is defined as a natural person, who uses or has used DDOWNLOAD services.

„Uploader“ ” is defined as a User, who uploads or has uploaded files to DDOWNLOAD.

A user may terminate his contract without providing any reason by written form in accordance with these ToS, or by terminating his account for any services for which we enable users to cancel a subscription, or by simply taking no further action than letting his account expire and don’t accessing it anymore. In case of a user that has purchased a subscription, the cancellation might become effective by the end of the current subscription period. Exceptions are possible for cases in which both parties agree to a termination. We reserve the right to terminate a contract with any user at any given time without providing a reason. This action also includes the deletion of any content along with items in the Library. In case of a criminal action that was committed by a user, we also reserve the right to report such activity to the responsible authorities along with providing any evidence to identify the individual that is responsible for such infringing activity. Apart from that we might also terminate the contract with any party based on any provisions of these ToS. In case of a legal obligation to entirely terminate our Product, we reserve the right to terminate the contract with any parties without issuing a statement on the reason and granting a period before termination. In any of these cases ddownload.com isn’t accountable for any damages arising from the immediate termination.