WEBHATTAN

Terms and Conditions

Section 1 Scope, provider

(1) These Terms and Conditions apply to all contracts between Jürgen Lammers, Windmühlenstr. 10, 48619 Heek, Germany (referred to below as "Provider" or "we") and the users of the website webhattan.com (referred to below as "Customer" or "you") for the purchase of a digital representation on the virtual city map "WEBHATTAN".

(2) The Customer may be either a consumer (Section 13 BGB) or a business (Section 14 BGB). Terms of the Customer that deviate from these apply only if we expressly agree to them in writing.

Section 2 Subject matter of the service

(1) WEBHATTAN is a virtual 3D city displayed in the browser. The Customer acquires the right to have a virtual building of one of the offered types (house, hotel, skyscraper) displayed with their company or project name on a free plot they select on the city map (the "Building"). Logo, favicon, short text and a link to the Customer's own website are optional and can also be added later in the owner area; without a logo, the name is displayed on the building instead.

(2) The Building receives a permanent address within the city (e.g. "SEO Street 27") and its own web address (e.g. webhattan.com/seo-street/27).

(3) This is a digital service. The Customer does not acquire ownership, any rights to land, real property, domains or other real-world assets, nor any shares in the Provider. The Customer does not acquire an exclusive right to a particular address; they have no claim to a specific plot until the order is completed.

(4) If the Customer provides a link to their website, it is technically marked as a paid link (rel="sponsored nofollow"). We do not promise any effect on search engine rankings, visitor numbers or revenue.

(5) Each plot is awarded only once. The number of plots is limited.

(6) Advertising boards ("Web Square"). The skyscrapers operated by the Provider in the Web Square district carry individually numbered advertising boards. The Customer may purchase a free advertising board and have their company or project name, logo, a short text (max. 60 characters) and a link to their website displayed on it (an "Advertising Board"). An Advertising Board is not a Building: the Customer does not receive an address, a web address, an owner area, or any right to alter the skyscraper or other advertising boards. The skyscraper remains the Provider's design and property. Each advertising board is awarded only once; paragraphs 3 and 4 apply accordingly.

Section 3 Formation of contract

(1) The display of plots and building types on the website does not constitute a binding offer, but an invitation to place an order.

(2) The Customer selects a free plot and reserves it. The reservation holds the plot for 10 minutes (extended once by 5 minutes when checkout begins) and does not yet create a contract. Once it expires, the plot is automatically released again. For advertising boards, the selected board is held for 10 minutes upon submission of the booking form (30 minutes once checkout begins) and is then automatically released again.

(3) The Customer chooses a building type and colour, enters a name and optionally a website, short text, logo and favicon, and reviews the summary with the total price. For advertising boards, the Customer enters a name, website, short text and logo; here, website and logo are not optional. By clicking a button that clearly indicates the obligation to pay (e.g. "Get your building — pay … now, order with obligation to pay" or "Pay … now") and completing payment via PayPal, the Customer submits a binding offer. If the chosen building is free of charge, the payment notice is omitted from the button because no obligation to pay arises.

(4) The contract is concluded once we receive payment confirmation from PayPal and send the Customer a confirmation by e-mail. The confirmation e-mail contains the contract details, these Terms and Conditions, and the withdrawal notice.

(5) We store the text of the contract. The Customer can retrieve orders and receipts in their owner area. The language of the contract is German; the user interface is provided in English.

Section 4 Prices and payment

(1) The prices shown on the website at the time of the order apply. All prices are final prices in US dollars (USD) and include statutory value-added tax where applicable.

(2) The price covers the plot and the chosen building. Additional, separately marked variants (colour surcharges) and later extensions (floors) are shown separately. The price of an advertising board is a one-off price per board; no recurring costs apply. During a time-limited launch promotion, individual building types may be offered at a price of USD 0.00; the price shown at the time applies.

(3) Payment is made exclusively via PayPal. The terms of use of PayPal (Europe) S.à r.l. et Cie, S.C.A. additionally apply. The price is due immediately upon formation of the contract.

(4) The price is calculated exclusively on our servers from our price tables. Any deviating price shown as a result of manipulating the browser is disregarded.

Section 5 Customer content, review, publication

(1) The Customer warrants that they hold all rights necessary in the content they submit (name, logo, favicon, texts, linked website) and that it does not infringe any third-party rights (in particular trademark, copyright, name and personality rights) or any statutory provisions.

(2) In particular, the following are not permitted: content and landing pages that are unlawful, offensive, pornographic, glorify violence, discriminatory, misleading or fraudulent; that distribute malware; that advertise illegal gambling or prescription medicines; that target minors with offers unsuitable for them; or that infringe third-party rights.

(3) Every building is checked automatically for violations before publication; if it passes this check, it is published immediately. We may refuse publication, require changes, or block a published building if content violates paragraph 1 or 2, or if the linked website is no longer reachable or has substantially changed its character. Until approval, the plot is shown as reserved ("under construction").

(4) If we finally refuse publication through no fault of the Customer, we refund the price paid. If refusal or blocking is due to a violation by the Customer of paragraph 1 or 2, no refund is due.

(5) The Customer grants us the simple, geographically unrestricted right to reproduce the submitted content, make it publicly available, incorporate it into the 3D representation, technically adapt it (e.g. size, format, background removal) for the duration of its display within WEBHATTAN, and to use it in automatically generated preview images ("move-in image", social media preview).

(6) The Customer indemnifies us against third-party claims arising from a violation of paragraph 1 or 2, including reasonable legal defence costs, to the extent the Customer is responsible for the violation.

Section 6 Duration of display

(1) We display the Building for a period of at least 24 months from approval (the "minimum term"). After the minimum term expires, the Building remains displayed for as long as WEBHATTAN is operated. The same applies to advertising boards from the time the board goes live.

(2) If we discontinue operation of WEBHATTAN after the minimum term has expired, we will inform the Customer by e-mail at least 3 months in advance. The Customer has no claims arising from discontinuation after the minimum term has expired.

(3) If we discontinue operation before the minimum term has expired, we refund the portion of the price paid that corresponds to the term not yet performed.

Section 7 Changes, upgrades, colour changes, floors

(1) The Customer may upgrade their Building in the owner area to a larger building type by paying the difference to the applicable base price. The address, plot and original move-in date are retained. Downgrading to a smaller type or a payout of price differences is not possible.

(2) Colour changes are possible against the surcharge shown at the time; colour surcharges already paid are not refunded.

(3) For the skyscraper building type, additional floors may be purchased at the price shown per floor up to the displayed maximum. Floors are purely a display feature.

(4) Changes to name, logo, favicon, short text or website are reviewed before being published again; Section 5 applies accordingly.

(5) We may further develop the design of the city, the building models, the camera and the user interface, provided the display of the Customer's Building with its content is preserved.

(6) Advertising Boards cannot be altered after purchase; there are no upgrades, colour changes or floors for Advertising Boards. We may further develop the design of the skyscrapers in Web Square and the position of the advertising boards, provided the Customer's Advertising Board remains visible with its content. We make changes to the name, logo, short text or website of an Advertising Board on request by e-mail; Section 5 applies accordingly.

Section 8 Availability

We aim for the website to be available 99% of the time on a yearly average. Excluded are periods during which the website is unreachable due to technical or other problems outside our control (force majeure, fault of third parties, failure of hosting or payment service providers), and due to announced maintenance work.

Section 9 Right of withdrawal

Consumers have a statutory right of withdrawal. Details can be found in the withdrawal notice. The right of withdrawal ends prematurely if we begin performance before expiry of the withdrawal period with the Customer's express consent, and the Customer has confirmed their awareness that they thereby lose their right of withdrawal.

Section 10 Warranty and liability

(1) The statutory provisions on the supply of digital products apply (Sections 327 et seq. BGB).

(2) We are liable without limitation for intent and gross negligence, under the German Product Liability Act, and for injury to life, body or health.

(3) In cases of slight negligence, we are liable only for breach of material contractual obligations (cardinal obligations), i.e. obligations whose fulfilment is essential for the proper performance of the contract in the first place and on whose observance the Customer may regularly rely. In such cases, liability is limited to the foreseeable damage typical for this type of contract.

(4) Liability is otherwise excluded. This applies in particular to loss of profit, lost visitors, ranking changes or indirect damage.

Section 11 Owner access

(1) Access to the owner area is via a personal link sent to the Customer by e-mail, and optionally via e-mail address and password. The Customer must keep the link and password confidential. Actions taken through the Customer's access are attributed to the Customer to the extent they are responsible for any misuse.

(2) In the event of lost access, we assist after verifying identity via the e-mail address used at the time of the order.

Section 12 Data protection

The processing of personal data is governed by our Privacy Policy.

Section 13 Changes to these Terms

We may amend these Terms and Conditions with effect for the future, to the extent this is necessary for good cause (in particular changes in the law or in case law, or technical developments) and does not unreasonably disadvantage the Customer. The Customer will be informed of changes by e-mail at least four weeks before they take effect. If the Customer does not object within four weeks of receiving the notice, the amended Terms are deemed accepted; we point out this consequence in the notice.

Section 14 Referral programme

(1) Customers who own at least one published Building may, if they wish, take part in a referral programme. They receive a personal referral link for this purpose.

(2) Participation requires the Customer to request it in the owner area and then confirm it via a link sent in a message to their stored e-mail address. Before this confirmation, the referral link is not active.

(3) A claim to the reward arises when a person who has opened WEBHATTAN via the Customer's referral link during the same visit places a Building order there for the first time and, for that or a later order, makes a payment for the first time. Free orders do not trigger a claim. Each referred person is attributed only once and only to one Customer; the referral link first recorded is decisive.

(4) The reward is one additional floor on the Building named by the Customer for every full US dollar of the payment amount that triggers the claim, rounded to the nearest whole floor, with a minimum of one floor. Example: a payment of USD 19.99 results in 20 floors. Only the payment that first triggers the claim counts; later payments by the same referred person do not give rise to any further claim.

(4a) Each Building type can carry a limited number of additional floors (House: 2, Hotel: 4; skyscrapers and landmarks have no limit). If the reward exceeds the remaining capacity of the Building named by the Customer, the possible portion is applied immediately and the remainder is credited. The credit is applied automatically, as far as capacity allows, as soon as the Customer changes to a Building type with capacity. The credit does not expire. The Customer is informed by e-mail of the reward and of any credited portion.

(5) The reward is granted exclusively as a floor. There is no claim to payment in cash, to set-off against outstanding claims, or to transfer to a third party.

(6) The Customer is not entitled to refer themselves. A Customer's own additional e-mail addresses, addresses of members of their household, and orders that the Customer themselves initiates or finances, do not trigger a claim.

(7) Disclosure requirement. The Customer receives a monetary benefit for the referral. Publications containing the referral link are therefore commercial communication and must be marked by the Customer as advertising, for example with "Advertising", "Ad" or "#ad" (Section 5a(4) UWG, the German Act Against Unfair Competition). Also prohibited are unsolicited messages (spam), misleading statements about WEBHATTAN, the use of third-party trademarks, and bidding on the Provider's brand or company terms in search engines.

(8) If the order that triggered the claim is refunded, reversed, or reclaimed by the referred person, the claim lapses retroactively; a floor already applied is removed.

(9) In the event of violations of paragraph 6 or 7, we may end participation and remove rewards granted without entitlement. The Customer may end their participation at any time informally by e-mail; floors already applied remain theirs.

(10) We may amend or discontinue the referral programme with four weeks' notice. Claims already arisen remain unaffected.

(11) Any tax treatment of the reward is the Customer's responsibility.

Section 15 Final provisions

(1) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. For consumers, this choice of law applies only to the extent it does not deprive them of the protection of mandatory consumer-protection provisions of the country in which the consumer has their habitual residence.

(2) If the Customer is a merchant, a legal entity under public law, or a special fund under public law, the place of jurisdiction for all disputes arising from this contract is Heek, Germany.

(3) We are not willing and not obliged to participate in dispute resolution proceedings before a consumer arbitration board.

(4) Should individual provisions of these Terms and Conditions be invalid, the validity of the remaining provisions is unaffected.