Terms And Conditions

1. Preamble

At www.propeview.com, an internet service is operated as an advertising portal for both rental and for sale properties (hereinafter referred to as “listings”), some of which are subject to a fee and some of which are free of charge, which can be provided and viewed by private individuals and commercial users. The internet service is owned and operated by Prope View.

1. Scope and application

1. The terms and conditions of “Prope View” (hereinafter referred to as “Prope View”) apply to the website www.propeview.com and all subdomains and web sites belonging to this domain.
2. These terms and conditions apply to all contracts, orders and legal transactions between Prope View and the users. Where the term “user” is used in the following, the provisions apply both to users of the internet service and to advertisers. All mutual rights and obligations of the aforementioned contracting parties shall be determined exclusively by the content of the order accepted by Prope View and the present terms and conditions of use and business.

1. Conflicting Terms and Conditions

Conflicting Terms and Conditions only apply if Prope View has expressly accepted them in writing.

1. Future transactions

The terms and conditions also apply to future transactions between the contracting parties, even if no further reference is made to them when a future contract is concluded, whereby this provision does not apply to consumer transactions.

1. Changes to the Terms and Conditions

Prope View reserves the right to amend these terms and conditions at any time and without giving reasons. The user will be notified of the change by e-mail. By using the Prope View internet service, the user is deemed to have agreed to the amended terms and conditions.

1. Terms of use and data protection

The “terms of use and data protection” apply as part of these terms and conditions.

1. Contracts, listings and services

The internet service provided by Prope View is intended as an advertising platform. users can place listings on this advertising platform or users can contact advertisers and conclude contracts. listings do not constitute binding offers by Prope View under any circumstances. Prope View is also neither an intermediary nor a broker. Contracts are concluded exclusively between users. The provisions for listings also apply to other forms of offers on Prope View. Prope View is therefore not liable for the conclusion or non-conclusion of a contract between users or for any particular success of a listing. Prope View is not responsible for the correctness of users’ identity details or the availability of a user via the contact details provided. Unless confirmed in writing by Prope View , oral agreements, promises and information, in particular by Prope View employees/sellers, are not valid, subject to mandatory legal provisions to the contrary.

1. Access data and data

1. The user is obliged to keep his access data (e.g. user name, password, etc.) secret and to protect them from unauthorised access by third parties. The user must report any misuse or unauthorised use to Prope View immediately in writing. Until then, the user will be held responsible for any access and any action or use of services related to his/her user account.
2. If the user does not log in for a period of 12 months, Prope View reserves the right to deactivate the account without any claims by the user.

1. Conclusion of a contract

1. The data provided by the user must be correct, complete, truthful and in accordance with the statutory provisions.
2. Prope View is entitled at any time to demand suitable proof from the user (trade licence, power of attorney, extract from the commercial register, etc.).
3. Prope View reserves the right, in particular for the following reasons – and without any claim for compensation on the part of the user – to reject or terminate the contract without giving reasons, to block the user or to delete listings placed without replacement.
   1. In the event of infringement of these terms and conditions
   2. In the event of third-party advertising or links to other web sites

• In the event of justified suspicion of misuse of the internet service or the services of Prope View

1. In the event of a breach of statutory provisions, material contractual provisions, morality, the reputation or legitimate interests of Prope View or a partner company
2. In the event of termination of the contractual relationship between the user and Prope View or the user and a partner company due to breach of material contractual provisions by the user
3. In the event of incomplete or incorrect information when placing the order or failure to provide required proof or documents

• In the absence of official permits (e.g. business licence), legal capacity or capacity to contract
• In the event of default in payment to Prope View or a partner company

1. Deliberate disregard of the Prope View fee structure

4. All rights and obligations of the Prope View internet service also apply to employees of the user or other third parties (vicarious agents) to whom this service has been legitimately entrusted for use. users are liable for third parties as for their own fault.

1. Registration on the platform

1. Registration (with Prope View ) creates a contractual relationship for an indefinite period between Prope View and the user in accordance with the present terms and conditions.
2. Registration is free of charge and enables the free use of certain free functions and is a prerequisite for placing listings on the Prope View internet portal. There is no entitlement to registration.

1. Conclusion of a listings package contract

1. As soon as Prope View accepts the user’s order (offer) by providing the service, the contract is concluded.
2. The listings package contracts enable a certain, previously agreed contingent of listings to be placed for a certain price. Additional costs may be incurred as a result of selected additional options or exceeding the quota.
3. Prope View reserves the right to make acceptance of an order dependent on a security deposit or advance payment of an appropriate amount and to determine the form of the security deposit.
4. The user shall be liable for any public fees, charges and taxes that may be associated with the conclusion of the contract. If, due to changes in the legal situation, new fees, charges or taxes are prescribed which were not yet current at the time of conclusion of the contract, these shall also be borne by the user.
5. The placement of a listing may only be carried out by the user as contractual partner and also only for the purpose of self-listing. Any transfer to third parties requires the prior express written consent of Prope View . For this reason, agencies or other intermediaries used must also quote the user with every package booking.
6. The contract between the user and Prope View is concluded for a term stipulated in the order.

1. Placement of listings

1. The user acknowledges that the contract for the placement of a listing or the purchase of additional options/services with Prope View is concluded by written, e-mail or pop-up acceptance, interactive selection of products/services on the platform, acceptance of the binding offer or by actual performance of the service.
2. A listing is placed only in the form offered (format, fields, text volume, etc.). Prope View has the right to publish the listing only up to 48 hours (or in special cases or circumstances even longer) after it has been entered.
3. Prope View may extend or modify its services at any time and is entitled to place listings on www.propeview.com. Prope View is also entitled, but not obliged, to optimise the documents submitted by the user (e.g. photos, videos, etc.) in a suitable manner for publication or to modify them for security reasons. In this case Prope View is entitled to attach its company wording and/or logos to the listing or multimedia object in an appropriate size and placement.
4. At the user’s request, the placement of the listing may also be carried out by Prope View staff. However, the user must pay an additional charge for this. In this case, the documents must be submitted to Prope View at the latest 3 working days before the agreed publication date in a compatible manner, in accordance with Prope View’s specifications and in full. The user is liable for the accuracy of the data and information provided by him/her.
5. The user guarantees that the documents are suitable as agreed. Prope View accepts no liability for documents supplied and – unless otherwise expressly agreed in writing – is in particular not obliged to check them beforehand for suitability or to return them to the user. In any event, the return of such documents is at the expense and risk of the user placing the listing.
6. The user shall be responsible for any delays and costs incurred due to late transmission by the user or as a result of the content of the listing.
7. By order of the advertiser, Prope View will make changes to a listing designed by Prope View during the publication period. However, this will only be done insofar as these changes are technically possible and reasonable for Prope View . Such changes are free of charge the first time, thereafter subject to a charge. Prope View accepts no liability whatsoever for these changes.
8. Prope View is entitled to all rights to the selection, coordination, arrangement, placement and expansion of a listing (e.g. advertising, hyperlinks, functions, offer calculator).
9. Exclusion of competition is not possible.
10. The listing placements are automatically deactivated after the agreed term. If a listing placement for an unlimited period has been agreed, the listing shall remain active until the user deactivates or deletes it – in any case, however, only for a maximum of 12 months.
11. All information on the running times of the listings and explanations of the products can be found at https://propeview.com/pricing/.
12. Prope View is entitled, but not obliged, to check the listings for legal conformity and to suggest any changes that appear necessary. Prope View may also make legally necessary changes without prior consultation with the user (e.g. deletion of links to competitors, labelling as “advertising”, etc.).

1. Obligations of the user

1. The user is responsible for checking and making any changes to the listing in terms of content, legal, temporal or other correctness, topicality, etc., as well as for deactivating and deleting the listing from the time of activation until the expiry of the agreed service period. By entering the listing, the user expressly confirms publication in this form; Prope View accepts no liability whatsoever.
2. The user is therefore obliged to immediately deactivate or delete listings that are not (or no longer) current.
3. Prope View reserves the right to publish listings under the correct category without prior notification of the user, or to delete the listing in the wrong category without simultaneous correction by publication in the correct category, as well as multiple placements.

1. Conditions for listings

1. The user must examine the placed advertising immediately after its placement and complain about any errors within two working days after the first placement. After expiry of this period, the online advertising and the manner of its publication are deemed to have been accepted.
2. Prope View has the right to check transmitted advertising media for their suitability for display and technical suitability (in particular suitable format, display technology and file sizes, etc.) and, if necessary, to reject them to the user for adjustment. In this context, Prope View is also entitled to make these adjustments itself by prior agreement with the user and to charge the costs thereof.
3. The user assumes responsibility for the advertising. In particular, he/she is liable for ensuring that the advertising complies with the provisions of applicable law. The user assures that he is the owner of copyrights, trademark rights, ancillary copyrights, personal rights and other rights to the documents provided or used by him (e.g. texts, photos, graphics, files, sound carriers and videos, etc.) for all rights of use required for dissemination or that he has acquired such rights.
4. If any contractually agreed volume of services cannot be provided for a user by Prope View within the agreed period, Prope View is entitled and obliged to provide the outstanding volume of services immediately following the order in question or following a new order already validly booked by the user, at Prope View ‘s discretion and within a reasonable period of time. In such cases, there is no entitlement to a refund of payments already made for a service volume.
5. In the event of non-fulfilment of the technical requirements by the user or the transmitted advertising medium for the placement of the listing, or for the determination of the technical advertising information (number of ad impressions, etc.), Prope View is exempt from all claims arising therefrom.
6. If error-free order processing cannot be guaranteed, Prope View is entitled, irrespective of any damage, to remove the material from the site immediately and is released from any liability in connection with such action.
7. The transfer of data must be made electronically by means of an e-mail attachment.
8. In particular, the transmitted data must allow for a legally compliant identification of users of commercial communication.
9. Prope View gives no guarantee as to the distribution of listings during the advertising campaign. Prope View is entitled to reject listings and links for editorial, legal, technical or other reasons (e.g. violation of morality or the reputation of Prope View ) or to subsequently block them without delay, whereby prior consultation with the user is not necessary, but the user will be informed of the measure as soon as possible.

1. Support

1. Prope View offers support for commercial and private users by e-mail and also by telephone. The respective connection charges, or costs for e.g. value-added numbers, are borne by the user.
2. Prope View cannot guarantee the availability of support.
3. In the event of repeated use of these support services by Prope View , Prope View is entitled to charge for the services.
4. Information given verbally is not binding. Prope View is not liable in this case.
5. The performance of the commissioned services by Prope View shall be carried out in the manner chosen by Prope View and within normal working hours.

1. Copyrights/Service Protection Rights

1. The user expressly acknowledges that Prope View or other third parties are entitled to the sole copyrights and ancillary copyrights to the entire image and to parts of the listings created by Prope View as well as to listings placed by third parties and to the other content published on www.propeview.com (texts, trademarks, photos, databases, layout, etc.).
2. The user is therefore also not entitled, unless otherwise agreed with Prope View in writing in advance, to use listings created by Prope View outside Prope View web sites.
3. The user is not permitted to influence the design of the Prope View web sites or of a listing (e.g. visually, structurally).
4. By placing or feeding (e.g. via self-entry, data interface) the listing, the advertiser himself/herself or on behalf of the rights holder grants Prope View the exclusive and transferable right of use to disseminate, modify, edit, publish or make publicly available this content within the framework of Prope View and its partner/group media for an unlimited period of time and territory. The granting of rights also includes the right for Prope View to use the listings etc. for its own advertising purposes. Prope View has the right, but not the obligation, to defend on its own behalf against unlawful encroachments on rights of use transferred to Prope View or, if necessary, to assert claims resulting therefrom in court. In the event of defence by Prope View itself, the advertiser will in any event provide Prope View with the best possible support. The advertiser must inform Prope View immediately and in writing of any claims brought against him by third parties.

1. Liability and warranty

1. Prope View bears no responsibility for listings going online and/or being deactivated/deleted at a particular time.
2. Prope View is neither liable for a specific success of a listing nor for the enforceability of a contract concluded via the marketplace (e.g. purchase of goods). Prope View is also not liable for goods, services, etc. offered on the marketplace, either under warranty or guarantee, or for damages, product liability, etc. Goods, services, etc. offered do not constitute binding offers by Prope View . Prope View is neither an intermediary nor a broker. Prope View has no obligation whatsoever to obtain or pass on further information about the goods, services, etc. offered/advertised by users.
3. Insofar as retrievable content or listings are posted and made accessible by users or on their behalf, Prope View accepts no liability whatsoever for the content, correctness, up-to-dateness or reliability, misuse, typing and transmission errors, etc., of users’ identity details or the accessibility of persons on the basis of information provided.
4. The user of the internet service declares that he/she will only use the internet service within the framework of the contractual or legal provision and without infringing the rights of third parties. In particular, the user declares not to use, edit, falsify, delete or make unrecognisable the copyright, competition law, trademark law and other rights of third parties without their consent.
5. The user agrees to fully indemnify and hold Prope View harmless in all cases from any claims by third parties that are based in the user’s area of responsibility. The user therefore undertakes to fully indemnify and hold Prope View harmless (attorney’s fees and court costs) in the event that Prope View is sued under civil or criminal law, judicial or extrajudicial, in particular by private prosecution for libel, defamation, credit damage under the criminal code or by proceedings under the media act, the copyright act as well as other intellectual property rights, the unfair competition act or because of civil law defamation and/or credit damage.
6. Prope View ‘s warranty to users extends only to the reproduction of the paid listing in accordance with the current customary technical standard and to the corresponding availability of data. Unpaid listings or services (search agent, watch lists, delivery of enquiries) do not entitle the user to assert claims. No liability is accepted or compensation provided for errors that do not significantly impair the meaning of the listing.
7. Prope View is not liable for any loss or damage suffered by the user as a result of the misuse of data transmitted to third parties (e.g. in listings, e-mails, applications, referrals, etc.).
8. Listings created or modified automatically or manually by Prope View always represent only a draft, which must be approved by the user after thorough factual and legal examination.
9. Complaints of any kind about the listing must be notified to Prope View by the advertiser in writing, stating the reason for the complaint, without delay and no later than 2 working days after publication/modification of the listing, unless the advertiser has entered/modified the listing himself/herself. Thereafter, the listing shall be deemed to be accepted as free of defects.
10. In the event of a defect in a paid listing for which Prope View is responsible, the advertiser is entitled, at Prope View ‘s discretion, to a new initial listing to the extent of the listing on which the defect is based. If an improvement fails within the reasonable period, the advertiser may only demand a price reduction after a further reasonable period has been set and an attempt has been made to improve the listing. Beyond this, the advertiser shall not be entitled to any claims – unless otherwise required by law.
11. The advertiser is responsible for the correct entry of listings, in particular in the case of self-entry; photographs and other material must be entered in the menu-defined format and in perfect condition. Prope View cannot accept any guarantee whatsoever for the correctness of listings placed or changes made by telephone.
12. Users are themselves responsible for appropriately backing up and storing data they require (e.g. for order processing, preservation of evidence, archiving, etc.) by means of independent/external storage media. Prope View is entitled to delete all data including photos 3 months after expiry/deletion (deactivation, etc.) of the listing.
13. Prope View is not liable for the compatibility of the internet service with the hardware, software, for constant availability, for viruses, misuse or damage caused by improper operation by the user due to unsuitable hardware and software used, or for malfunctions resulting from the internet connection or otherwise from the use of the data or the internet service. users are also responsible for the links they use.
14. Prope View is also not liable for a failure of the Prope View servers that does not last longer than 3% but at least 48 hours in total within the contractually agreed circuit. Prope View points out that Prope View may restrict its services temporarily for necessary reasons (e.g. maintenance, security, capacity, improvement reasons). These measures do not constitute an outage and cannot be added to an outage period, even if they are carried out in the same service period in which an outage occurs.
15. Prope View expressly points out that the unauthorised production of copies, unauthorised linking (framing) or publication of listings disguised as a third party’s own offer cannot be completely ruled out. Prope View will endeavour to prevent such practices as far as technically and legally possible and reasonable. The advertiser hereby gives Prope View the necessary consent to do so. However, the advertiser has no claims whatsoever against Prope View arising from any unauthorised action taken by third parties.
16. Insofar as Prope View is liable for damage in accordance with the statutory provisions, Prope View ‘s liability is limited to intent and gross negligence. Any further liability on the part of Prope View , in particular for slight negligence, atypical damage, loss of profit, damage caused by defects, indirect and consequential damage, damage to third parties, etc. is excluded. The liability of Prope View is in any case limited to the amount/price of the order in question with the user. The burden of proving fault on the part of Prope View lies with the user. In any case, claims for damages shall become statute-barred within six months. This applies subject to mandatory statutory provisions to the contrary.
17. Any liability of Prope View for damages due to force majeure (e.g. strikes, war crimes, earthquakes) is excluded.

1. Billing and payment

1. Unless otherwise agreed, the charges resulting from the respective valid price list apply, which can be viewed at https://propeview.com/pricing/ in the respective listing. Prope View reserves the right to charge users fees, e.g. for additional options or for the use of services, etc. The charges are calculated on the basis of the price list for the listing. The prices are listed in the price list for additional options. users shall bear all costs and expenses associated with their payment (e.g. bank transfer), such as bank charges, manipulation fees. Amounts/prices to be paid by the consumer are inclusive of TAX, duties and other surcharges (gross prices).
2. Payment is always made prior to activation of the service (e.g. listing, additional option, service, etc.) and must be made in accordance with the means of payment indicated by Prope View.
3. Prope View is entitled to issue a total invoice for all services provided by Prope View , irrespective of whether these services are owed under different contracts.
4. Invoices must be objected to within 14 days of receipt, failing which they will be deemed to have been accepted by the user.
5. In the case of payment receipts, commercial users must state their user number, private users their Prope View code and/or their user name (e-mail address). The user will be invoiced for any expenses otherwise incurred for a search. The debt-discharging effect of the payment will only take effect once the correct allocation has been made.
6. If payment is made by credit card or direct debit, the user must ensure that the credit card or account is not blocked or has not expired; any delays in payment resulting therefrom shall be borne by the user. In this case, the user may be charged interest on arrears.
7. If payment is processed on the platform via a payment provider, Prope View is not liable for the security of the data or incorrect bookings caused by errors on the part of the payment provider.
8. Prope View is not liable for any misuse, theft, loss, etc. of the access data, credit balance or other data and/or information connected with the credit account for which Prope View is not responsible.
9. Insofar as the advertiser fails to meet delivery deadlines and the listing can therefore not be published or cannot be published on time, this shall not affect Prope View ‘s claim to payment of the agreed remuneration. This also applies in the event that Prope View justifiably blocks the advertiser or deletes the listing for reasons for which the advertiser is responsible.

1. Cancellation and termination

1. The transmission of the termination of the contractual relationship by Prope View via e-mail is sufficient and is deemed to have been received upon confirmation of delivery by the user’s server or mail service.
2. Contracts based on these terms and conditions may be terminated for one of the following reasons:
   1. Expiry of the agreed contract term
   2. If a termination option has been agreed, 30 days before the main due date of the contract.

• Consumption of an agreed quota

1. Cessation of services by Prope View

3. Prope View is entitled to terminate the contract at any time for good cause (extraordinary termination).
4. Ordinary or extraordinary termination by the user must be made in writing; an e-mail is sufficient. In the case of an e-mail, however, the termination shall only be deemed to have been received upon receipt of a written confirmation of termination by Prope View .
5. All sums paid are non-refundable.

1. Final Provisions

1. Confidentiality

Information, data, documents, business and trade secrets, ideas, know-how, codes, etc. (in short “information”), which are not made available to third parties, shall not be disclosed to third parties. (in short “information”) which becomes known to the user in the course of the business relationship with Prope View is subject to strict confidentiality, irrespective of the means by which it is received (electronic, print, etc.). This does not apply to information that is already in the public domain or otherwise publicly accessible or that is expressly designated by Prope View as non-confidential. The user is therefore prohibited from using confidential information himself/herself outside the purpose of the contract, nor from making it available to third parties without authorisation. Confidentiality shall also be deemed to have been agreed after any termination of the contract.

2. Legal succession

All rights and obligations shall be transferred to legal successors (individual, universal succession). The user is not permitted to transfer rights and obligations to third parties without the express prior written consent of Prope View .

3. Written form

There are no verbal subsidiary agreements. Any amendments and additions to agreements concluded with Prope View in the course of the internet service must be in writing; this also applies to ancillary agreements and assurances as well as subsequent amendments to the contract and any waiver of the written form requirement.

4. Severability clause

The invalidity of individual provisions shall not affect the validity of the remaining provisions of the terms and conditions and the invalid clause shall be replaced by a valid clause which comes closest to the former in terms of its meaning and purpose in economic and legal terms. This shall also apply in the event of a loophole in the provisions.

5. Place of jurisdiction and applicable law

All legal relationships between Prope View and the users of the service shall be governed by the law of the United States, to the exclusion of reference norms of the IPR or the UN convention on contracts for the international sale of goods. The place of performance is the registered office of Prope View . Insofar as mandatory provisions of the consumer protection act do not conflict with this, it is agreed that the relevant court of jurisdiction shall be NYC.