This ddownload Service Agreement ("Agreement") describes the terms and conditions under which ddownload ("we") offer services to you ("User"). By using our services, the User agrees to the following terms and conditions:
We reserve the right to disable direct linking to user accounts that use excessive bandwidth or abuse the system in any other way.
Pornography, nudity, sexual images, and any kind of offensive images or videos are prohibited. Copyrighted material is also strictly prohibited. We reserve the right to decide on appropriate content and may delete images or videos at any time without notifying the users.
Users must comply with all laws applicable to their location, including copyright and trademark rights. Images, videos, and files that violate copyright or trademark rights are not allowed. If someone claims a violation against you, you will be asked to remove the copyrighted file until the issue is resolved. If there is a dispute between the participants of this website, ddownload is not obligated to participate.
ddownload is not liable for your images, videos, or files or for any lost business resulting from the unavailability or loss of the website. We make no claims of future reliability in providing, hosting, or storing your images, videos, or files.
ddownload is committed to cooperating with all law enforcement authorities in the event of an investigation.
The provision of services by ddownload is exclusively based on these general terms and conditions, hereinafter referred to as "Terms and Conditions". The provisions stated in these Terms and Conditions do not establish any rights in favor of third parties.
ddownload reserves the right to change the content and provisions of these Terms and Conditions with effect for the future without the prior consent of the user, provided that this is reasonable for the user considering ddownload's interests. ddownload will announce any possible changes to the service and make them accessible and public at ddownload.com/legal. By using the service, the user agrees to be bound by the Terms and Conditions as amended after the date of the changes. However, Section 7.3 remains unaffected by this provision.
The user acknowledges that all rights to the service, including intellectual property rights, belong solely to ddownload. However, this does not apply to the files/content uploaded by the user. Without express written consent from ddownload, the user is not entitled to exploit or use these rights or remove any indications of ddownload's ownership. An example of this would be copying the ddownload service in whole or in part and using it in other online offerings.
These Terms and Conditions and the contracts concluded based on them are governed by the laws of [country]. The United Nations Convention on Contracts for the International Sale of Goods (CISG), the rules of private international law, and any forward and backward references are excluded.
To the extent permitted, the respective registered office of ddownload shall be the place of jurisdiction for all disputes arising from these Terms and Conditions. However, ddownload is also entitled to enforce legal orders at the user's place of residence. This also applies to the filing of lawsuits or claims for damages.
In the event that one or more provisions of these Terms and Conditions are partially or wholly invalid or unenforceable, the validity and/or enforceability of the remaining provisions of these Terms and Conditions shall not be affected.
ddownload provides its users access to the service and is generally entitled to only allow registered users various services.
In principle, the user is entitled to uninterrupted availability of the service. However, ddownload will endeavor to ensure that the service is available 24 hours a day, seven days a week. For security-related measures, such as maintenance or technical innovations, ddownload reserves the right to restrict the contractual services. This also applies to all operationally necessary measures. In the case of planned measures, ddownload will endeavor to announce them with a reasonable notice period and restore availability. If the ddownload service is not available, this does not establish any claims by the user for warranty, compensation, or expenses.
In exceptional cases of availability interruptions, it may be possible that a certain number of requests cannot be recorded and/or logged. If this is the case, this does not establish any claims by the user for warranty, compensation, or expenses.
ddownload is not obligated to provide services in the event of force majeure. Cases of force majeure may include:
Or cases that could not have been prevented even with the reasonable care of ddownload. ddownload is generally obliged to implement various security measures. However, this does not exclude cases of force majeure.
Changes regarding the design of the ddownload service, as well as measures for maintaining the service or improving it through technical innovations or contemporary developments, can be implemented by ddownload at any time.
Files uploaded/posted by the uploader/user and stored by ddownload for the uploader/user are foreign, unknown information to ddownload. ddownload does not endorse this information.
In the event that files uploaded by the uploader/user redirect to ddownload from external internet offers/third-party websites via hyperlinks, this information is also foreign to ddownload. ddownload does not endorse this information and assumes no responsibility or guarantee for the availability of external internet offers/third-party websites.
ddownload is particularly not responsible for information foreign to ddownload if there is no knowledge of any unlawful act or information, and in the case of claims for damages, no facts or circumstances are known from which an unlawful act or the information becomes apparent, and/or ddownload has gained knowledge of it and has acted promptly to remove the information or block access to it. This does not establish any rights against third parties.
The user is not entitled to compensation for uploading/posting files unless otherwise agreed.
Generally, the user is not authorized to upload or store files on the ddownload service and/or make them publicly accessible if they are not compatible with these terms and conditions and/or applicable law. The uploader assures/guarantees ddownload that they have all necessary rights as the owner or through a usage right that corresponds to the required scope with respect to the files/content/information they have uploaded/posted. Furthermore, the uploader also guarantees/assures that no applicable laws or third-party rights will be violated or contravened in the course of publishing, storing, editing, and/or transmitting their uploaded files.
Files/content/information that are particularly incompatible with these terms and conditions include those containing any kind of malicious software, such as computer viruses, those infringing upon patent, trademark, or copyright or rights to intellectual property, those violating human dignity (e.g., by depicting dying or physically or mentally ill individuals), those depicting pornographic content, especially involving children or adolescents and/or animal abuse, those promoting or glorifying violence, inciting racial hatred, advocating violence and/or glorifying war, supporting terrorism, or trivializing violence, those denying, trivializing, or glorifying National Socialism, those clearly hindering or impairing the development of children and/or adolescents into responsible individuals or seriously endangering this development, those containing insults, defamation, or slander, those containing private or personal data without the consent of the affected individuals or without legal permission, and those containing any form of hatred/insult/offense/contempt towards parts of the population or groups, thus attacking human dignity.
Files that violate these terms and conditions and/or applicable law may be partially or completely blocked or deleted by ddownload without prior notice if ddownload is informed of an infringement by third parties or becomes aware of an infringement through its own proactive measures or if courts and/or authorities provide indications of infringements and request the cessation of storage and/or public disclosure.
In the event of a serious violation or repeated violations of these terms and conditions and/or applicable law, ddownload is entitled to partially or completely block the user's access to the ddownload service or even terminate it exceptionally.
The user indemnifies ddownload against any claims by third parties that may arise due to the user's infringement of their rights resulting from any legal violations. If damages or expenses are claimed from ddownload or advertising partners of ddownload due to legal violations or breaches of these terms and conditions by the user's content/information/files, the user must bear or reimburse them unless they are not liable for them.
To the extent reasonable and feasible, ddownload will take measures to protect intellectual property or third-party rights, especially to prevent or identify legal violations. If the user becomes aware of or becomes aware of facts indicating that their uploaded content/files/information violate these terms and conditions or applicable law or infringe upon third-party rights to intellectual property, the user must immediately notify ddownload of the hyperlinks to these files/content/information via a takedown notice. ddownload may block access to the files/content/information, delete them, or integrate them into ddownload's data filters.
These terms and conditions do not establish any obligation on the part of ddownload regarding the disclosure or provision of directories containing the files stored on the ddownload service. The uploaded files/content/information of users are not opened or reviewed by ddownload unless required by regulatory or judicial orders. The mentioned files/content/information are neither cataloged nor listed in directories. No search function is provided to search the ddownload service. ddownload has no control over who downloads the files/content/information uploaded by a user to the ddownload service. Unless compelled by legal or regulatory orders, ddownload will not disclose the information regarding the internet address where files/content/information uploaded by a user are stored on the ddownload service to third parties.
In the event that the uploaded files/content/information of users violate applicable laws or contravene these terms and conditions, ddownload is entitled to reject the uploading of such files/content/information in advance or to store them under a link other than the initially specified one. This particularly applies to files/content/information that contain discriminatory, glorifying violence, racist, or copyrighted material, which may require ddownload to block, delete, or store them by other means at the request or obligation of third parties. ddownload is entitled to delete a file/content/information uploaded by a user who uses the ddownload service for free if the user's allocated volume is exceeded or if the contract is terminated, for example, due to expired contract duration or ordinary or extraordinary termination of the contract. ddownload expressly states that the user has no claim to eternal and/or unlimited storage of their files/content/information. ddownload also informs the user that technical conditions may change. ddownload is entitled to delete a file/content/information uploaded by a user who uses the ddownload service for a fee if the user exceeds the allocated storage space in their account and/or has not purchased additional storage (backup storage), or if the contract is terminated due to ordinary or extraordinary termination.
The user undertakes to provide accurate and complete data/information necessary for the conclusion of the contract and/or the use of the services. In case of any changes, the user must promptly notify ddownload in writing. Additionally, the user must ensure that they regularly check their email inbox, have sufficient storage space for incoming emails, and have immediate access to the content contained in the emails. The user must also ensure that only they have access to the designated email account and they are solely authorized to send emails. Furthermore, the user guarantees that they have the necessary conditions, in terms of hardware, software, and internet connection, for the proper use of ddownload's services. The user bears the sole responsibility for the associated costs. By using ddownload's services, the user does not impede the provision of ddownload's services. The user is responsible for taking the necessary measures to secure their system. They also undertake to regularly back up their content/files/information. They employ protective software to safeguard against malware such as computer viruses. ddownload is not liable or responsible for any damages caused by malware. Any complaints regarding ddownload's services must be promptly communicated to ddownload in writing by the user.
To apply for membership, registration is required, after which the user receives their access credentials. The user guarantees to treat their access credentials confidentially and not disclose them to third parties. They also guarantee to protect these access credentials from unauthorized access by third parties. If there is reason to believe that third parties or unauthorized individuals have gained access to or knowledge of the user's access credentials, the user must immediately notify ddownload. Under no circumstances is the user allowed to transfer their access/account to a third party. Rental or sale is strictly prohibited.
ddownload reserves the right to amend the registration agreement, including the terms and conditions, at any time, provided that it is reasonable for the user. The intention to amend the contract by ddownload will be communicated to the user at least eight weeks before the amendment comes into effect. The user has the right to object to the contract amendment by letter, fax, or email within six weeks after the amendment comes into effect. If the objection is not received in due form and within the prescribed period, and if the notice of amendment was properly provided to the user, indicating the right to object, and the amendment is deemed reasonable, the contract amendment will become effective from the amendment date. In case of a valid objection by the user or an improper notice of amendment by ddownload regarding the right to object, the contract amendment will not come into effect. This also applies if the contract amendment is deemed unreasonable for the user. In the event of an invalid contract amendment, both parties have the right to terminate the contract with effect from the amendment date.
ddownload is entitled to transfer all concluded contracts, including their associated rights and obligations, to third parties. This contract transfer applies to contracts that were entered into based on these terms and conditions. The contract transfer, including the date on which this change takes effect, will be announced by ddownload at least eight weeks in advance. The user is advised that they have the right to object, by letter, fax, or email, to the contract transfer within six weeks after the transfer comes into effect (deadline). If the objection is not received in due form and within the prescribed period, or if ddownload has not properly indicated the legal consequences of failing to object, the contract transfer will not take effect. In this case, each contracting party is entitled to exercise a special termination right, effective from the date of the change. The contract transfer will become effective from the amendment date if the user's objection was not received in due form and within the prescribed period, and if the notice of amendment from ddownload was properly provided, indicating the legal consequences of failing to object.
In the event of a contract transfer to a buyer, the user expressly agrees that ddownload is authorized to transfer their personal data as well. If the user does not provide consent for this, ddownload is entitled to reject the registration agreement. Furthermore, the user has the right to revoke their consent for the future. In this case, ddownload has the right to terminate the agreement with immediate effect.
Generally, the registration agreement is concluded for an indefinite period. However, this does not apply if a fixed contract term has been agreed upon. If no fixed contract term has been agreed upon, the user may terminate the registration agreement at any time with a notice period of 14 calendar days, effective at the end of the month. The registration agreement ends upon the expiry of the agreed contract term, if any. The right to terminate the contract without notice and the special termination right of both contracting parties, as well as ddownload's right to block the user's access, remain unaffected, even if a fixed contract term has been agreed upon.
Upon termination of the contract, ddownload is entitled to delete all user data, including deactivating their profile, without prior notice. However, legal storage and/or archiving obligations remain unaffected. After contract termination, the user has no claim to the release of their data.
ddownload is generally authorized to fully or partially block the user's access to the service. This applies, in particular, to the following cases:
In addition, ddownload is entitled to issue a warning to the user in the event of a breach of contractual obligations or duties. This may result in the complete or partial blocking of the user's access and/or the termination of the contract with the user. ddownload's claims for damages and expenses remain unaffected by this.
If ddownload becomes aware of facts that indicate misuse of the user's access credentials or a violation of these terms and conditions, ddownload is authorized to block access, either temporarily or permanently, if necessary and appropriate. In such cases, ddownload is entitled to demand and pursue compensation for all necessary measures to enable the prosecution of the misuse or the violation of these terms and conditions.
The design, presentation, and publication of advertisements are solely at the discretion of ddownload. This applies particularly during the download of files provided by an uploader. The respective advertising format can also be chosen freely at the discretion of ddownload.
ddownload cannot be held liable for expenses, damages, or claims for compensation, in particular claims for lost profits, consequential damages, and indirect damages. This limitation of liability does not affect ddownload's liability under mandatory statutory provisions.
A "user" refers to the natural person who uses or has used ddownload's services.
An "uploader" refers to a user who uploads or has uploaded files to ddownload.
A user may terminate their contract without stating reasons in written form, in accordance with these terms and conditions, or by canceling their account for any services for which we provide users the option to cancel a subscription, or by simply allowing their account to expire and no longer accessing it. In the case of a user who has purchased a subscription, the termination may take effect at the end of the current subscription period. Exceptions are possible in cases where both parties agree to a termination. We reserve the right to terminate the contract with any user at any time and without stating reasons. This measure also includes the deletion of content and items in the library. In the event of a criminal act committed by a user, we also reserve the right to report such activity to the relevant authorities and provide any evidence to identify the person responsible for such offensive activity. Furthermore, we may terminate the contract with any party based on the provisions of these terms and conditions. In the event of a legal obligation to completely discontinue our product, we reserve the right to terminate the contract with any party without providing an explanation for the reason and without granting a notice period prior to termination. In any of these cases, ddownload.com shall not be liable for damages arising from immediate termination.