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As a provider of content in accordance with § 7 German Telemedia Act (Telemediengesetz, TMG) Création Gross GmbH & Co KG is responsible for its „own content", which it makes available for use. Although all content is carefully checked and continually updated, now guarantee can be made as to the completeness, correctness or up-to-date nature. Création Gross GmbH & Co KG is therefore not liable for damages that occur in conjunction with the use of this content.

A differentiation is to be made between this ‚own content‘ and cross-references („links") to the content provided by other providers. By cross-referencing, Création Gross GmbH & Co KG is thus making „external content" available for use, which is identified as follows: external link. By including the cross-reference, Création Gross GmbH & Co KG grants access to the use of this content (§ 8 TMG).

Création Gross GmbH & Co KG is not responsible for this „external" content as Création Gross GmbH & Co KG has not brought about the transmission of the information, has not selected the recippients of the transmitted information and has not selected or modified the transmitted information.

Furthermore, Création Gross GmbH & Co KG shall not initiate the automatic short-term interim storage of this „external information" as a result of the chosen call-up and linking method, meaning that this cannot result in Création Gross GmbH & Co KG being held responsible for this external content.

However, „links" are always references to the „live" (dynamic) websites of third parties. Upon first posting the link, Création Gross GmbH & Co KG did check the external content with regard to whether it could trigger potential responsibility under civil or criminal law. However, Création Gross GmbH & Co KG is not obliged to continually check the content linked to from the Création Gross GmbH & Co KG website for changes, which could constitute new liability. Only if Création Gross GmbH & Co KG determines or is notified by others that a specific website to which a link has been provided triggers liability under civil or criminal law, Création Gross GmbH & Co KG will remove the link to this website as soon as is technically possible and feasible. The technical possibility and feasibility will not be influenced by the fact that even after prohibiting access from the homepage of Création Gross GmbH & Co KG, the unlawful or illegal website can be accessed from other servers.