Labels
(1) Within a service contract the company InPRESSd GmbH, Kantstraße 15, 68165 Mannheim (hereinafter referred to as InPRESSd) offers the participating label (hereinafter referred to as user) the possibility to use the internet portal according to these terms of use for the duration of the contract.
(2) These terms of use finally contain all applicable conditions between InPRESSd and the user for the services offered within the service contract. Alternative arrangements only apply if they are confirmed in writing by InPRESSd. By registering according to § 2 the user accepts these terms of use.
(3) InPRESSd reserves the right to change these terms of use at any time. InPRESSd will inform the user about such changes at least 30 days prior to their coming into effect. If the user does not object within 30 days after being notified and continues the use of services after the end of the objection period, changes are considered as effectively agreed upon. In case of an objection the contract will be continued according to its previous terms. In its notification of change InPRESSd will inform the user about their right of objection and the consequences. In case of VAT changes InPRESSd is authorized to adjust the fees accordingly and the right of objection does not apply.
(1) The platform offers users the possibility to present clearly linked content and information for PR purposes to participating members of the press. The user can create and administrate an individual personal profile. The user can upload and link information and content, particularly images, descriptions, press releases and dates. The participating members of the press can view the uploaded content and contact the user, e.g. to order printable images. The execution of such orders is solely the responsibility of the user and the members of the press. The platform offers an integrated message system to facilitate communication between users, members of the press and InPRESSd which may be used according to § 4 section 5.
(2) Content and information of other users is - with the exception of contact data and press releases - not available.
(3) InPRESSd is authorized to change or expand the content and structure of the platform and the corresponding user surfaces as long as the fulfillment of the contract is not or not significantly affected. InPRESSd will appropriately inform the user about such changes.
(4) For accessing the platform InPRESSd guarantees for its area of responsibility an availability of 99% on a monthly average. Not included in this calculation are the regular maintenance windows of the portal each Sunday between 2 and 4 a.m.
(1) In order to use the portal the user has to register. There is no legal entitlement to participate. InPRESSd reserves the right to deny any registration without explanation or cause. Participation is restricted to users who are entrepreneurs according to § 14 of the German Civil Code.
(2) The registration has to contain the user's business data, invoice data and contact person. The acceptance of the registration is confirmed by e-mail or fax. The confirmation of the registration establishes a service contract liable to costs between InPRESSd and the user according to these terms of use. Fees payable comply with the price conditions effective during registration which are accessible on the portal and displayed during registration.
(3) Unless otherwise agreed, fees will be charged in advance at the commencement or extension of the contract and due for payment immediately after invoicing without discount but plus VAT at the enacted tax rate in effect. The user agrees to the storage of the invoice data for the purpose of evidence and/ or in line with the legal obligation to retain data.
(4) The master login transferred in the registration confirmation enables the user to setup individual access authorizations for the company's staff and to configure it as required in order to allow them to optimally use the portal.
(5) The user affirms that all information given to InPRESSd and other users in connection with the registration according to section 2 is true and complete. The user agrees to inform InPRESSd about changes immediately. The same applies for all information given by the user in connection with staff logins.
(6) During the registration process the user is asked to give a user name and a password. This data allows the user to login after the registration is confirmed. The user name may not infringe third-party rights, especially names or trademarks, or offend common decency.
(7) Access to the portal is individualized and may only be used by the authorized user or staff member. The user agrees to keep the access data confidential and to protect it from unauthorized third-party use. The user is also responsible for the confidentiality of the staff logins and will instruct the staff accordingly. The user agrees to report any suspected misuse by a third party to InPRESSd immediately. As soon as InPRESSd is informed about an unauthorized use, the access will be blocked. InPRESSd reserves the right to change the login and password of a user in which case the user will be informed immediately.
(1) The user grants InPRESSd for the uploaded content a free-of-charge, transferrable non-exclusive right of use regardless of time and location along with the right of distribution, public performance and adaptation as far as this serves the purpose of the contract.
(2) Any content that violates legal regulations or official directives, or offends common decency is prohibited. This particularly applies for content that is pornographic or unsuitable for minors and the display of weapons, drugs or propaganda for anti-constitutional organizations or parties.
(3) It is prohibited to upload content that infringes third-party rights, especially names or trademarks.
(4) The user commits to refrain from any actions that may endanger or disturb the functionality of the portal as well as from unauthorized data access. The user is responsible to ensure that transferred information and uploaded data do not contain viruses, worms or trojans.
(5) Sections 1 to 4 apply accordingly to messages sent via the integrated message system. The sending of messages is only allowed for business-related purposes according to these terms of use. Contacting users for other reasons is prohibited unless the contacted person has given their prior approval.
(1) InPRESSd is authorized to revoke a user's registration or block the access to the marketplace if there is probable cause that these terms of use have been violated. The user can avoid those sanctions by dispelling the suspicion through suitable evidence at their own expense.
(2) In case of a violation of § 3 section 6 or § 4 of these terms of use the user commits to keep InPRESSd indemnified against all liability that may arise against InPRESSd from a violation of third-party-rights due to the user's chosen user name or their uploaded content. The user will cover the costs of InPRESSd's legal defense, including all court and lawyer fees.
(3) The right of extraordinary termination according to § 9 section 3 shall remain unaffected thereby.
(1) InPRESSd is fully liable for deliberate intent and gross negligence, for slight negligence only in case of a violation of essential contractual obligations. Liability in case of a violation of essential contractual obligations is limited to the foreseeable damages typical for this type of contract.
(2) InPRESSd is not liable for network disturbances that have not been caused by InPRESSd.
(3) According to the previous sections InPRESSd is liable for the loss of data only if this loss could not have been avoided by appropriate data security measures on the part of the user.
(4) The aforementioned liability limitations apply correspondingly also for InPRESSd's vicarious agents.
§ 7 Data Security and Data Privacy Statement
(1) InPRESSd's servers are secured according to the state of the art, particularly by firewalls. Still, the user is aware that there is a risk for all participants that transferred data may be intercepted. This includes not only the exchange of information via e-mail but all other data transfer.
(2) InPRESSd is authorized - with regard to the prevailing privacy policy - to edit and save all user data obtained in connection with the business relation for the duration of the contract. In particular, the user agrees that InPRESSd:
(3) Any further use of personal data exceeding the aforementioned use requires the user's separate consent. The user can withdraw the consent given according to § 3 at any time insofar as the user has thereby consented to the use of personal data.
(4) InPRESSd will treat all user data marked as confidential confidentially and use it only according to these terms of use. InPRESSd reserves the right to deviate from this agreement if required by legal or official directives to disclose user data.
(5) By registering at the portal the user assumes liability towards InPRESSd and all other users to observe the privacy policy requirements for the transfer of data and indemnifies InPRESSd against all liability, including public law claims. In particular, the user has to ensure at its own discretion that the required consent of staff members is obtained if necessary before using personal data of staff members for a staff login or in other ways on the platform.
(1) A partial or complete assignment of user rights arising from the contract with InPRESSd to a third party is impossible.
(2) The user is entitled to offset against InPRESSd only if their counterclaims are indisputable and have been legally established.
(1) The contract is concluded for the user's chosen contract duration. The duration of the contract starts with the confirmation of the registration by InPRESSd according to § 3.
(2) The contract is extended for the chosen contract duration if it is not cancelled at least one month prior to the end of the contract period.
(3) Each party has the right to terminate the contract for an important reason without observing a period of notice. An important reason according to InPRESSd is:
(4) Any termination of contract must be made in writing. Terminations via fax or e-mail meet the requirements of the written form.
(1) The laws of the Federal Republic of Germany shall apply with the exception of the UN law on international sales (CISG). The place of jurisdiction for all legal disputes shall be Heidelberg. InPRESSd is also entitled to sue at the user's place of general jurisdiction.
(2) Should individual provisions of these terms of use be or become void and/ or contradict legal regulations, the remaining provisions shall remain unaffected. The contract parties mutually agree to replace the void provision with a legally effective provision which comes closest to the commercial purpose of the void provision. The aforementioned arrangement applies accordingly for regulatory gaps.
PRESS
(1) Within a service contract the company InPRESSd GmbH, Kantstraße 15, 68165 Mannheim (hereinafter referred to as InPRESSd) offers the participating member of the press (hereinafter referred to as user) the possibility to use the internet portal according to these terms of use for the duration of the contract.
(2) These terms of use finally contain all applicable conditions between InPRESSd and the user for the services offered within the service contract. Alternative arrangements only apply if they are confirmed in writing by InPRESSd. By registering according to § 2 the user accepts these terms of use.
(3) InPRESSd reserves the right to change these terms of use at any time. InPRESSd will inform the user about such changes at least 30 days prior to their coming into effect. If the user does not object within 30 days after being notified and continues the use of services after the end of the objection period, changes are considered as effectively agreed upon. In case of an objection the contract will be continued according to its previous terms. In its notification of change InPRESSd will inform the user about their right of objection and the consequences.
(1) The platform offers users the possibility to view clearly linked content, particularly images of collections, and to access information, such as product descriptions, press releases and dates.
(2) The user is allowed to use the uploaded product descriptions, press releases and dates for the purpose of press publications and to order printable versions of the uploaded images from the participating labels. For this purpose and for facilitating communication between users, labels and InPRESSd the platform offers an integrated message system. The sending of messages is only allowed for business-related purposes according to these terms of use. Contacting users for other reasons is prohibited unless the contacted person has given their prior approval.
(3) The use of content for other purposes than press publications is prohibited as is the disclosure of uploaded content to third parties.
(4) InPRESSd is authorized to change or expand the content and structure of the platform and the corresponding user surfaces as long as the fulfillment of the contract is not or not significantly affected. InPRESSd will appropriately inform the user about such changes.
(1) In order to use the portal the user has to register. There is no legal entitlement to participate. InPRESSd reserves the right to deny any registration without explanation or cause. Participation is restricted to members of the press. InPRESSd is authorized to demand the following proof of being a member of the press:
(2) The registration has to contain the user's business data and contact person. The acceptance of the registration is confirmed by e-mail or fax. The confirmation of the registration establishes a service contract free of charge for an indefinite period between InPRESSd and the user according to these terms of use.
(3) The master login transferred in the registration confirmation enables the user to setup individual access authorizations for the company's staff and to configure it as required in order to allow them to optimally use the portal.
(4) The user affirms that all information given to InPRESSd and other users in connection with the registration according to section 2 is true and complete. The user agrees to inform InPRESSd about changes immediately. The same applies for all information given by the user in connection with staff logins.
(5) InPRESSd is authorized to revoke a user's registration or block the access to the marketplace if there is probable cause that these terms of use have been violated. The user can avoid those sanctions by dispelling the suspicion through suitable evidence at their own expense.
(6) During the registration process the user is asked to give a user name and a password. This data allows the user to login after the registration is confirmed. The user name may not infringe third-party rights, especially names or trademarks, or offend common decency. In case of such a violation InPRESSd is authorized to revoke a user's registration or block the access to the portal. The user commits to keep InPRESSd indemnified against all liability that may arise against InPRESSd from a violation or infringement of third-party-rights due to the user's chosen user name. The user will cover the costs of InPRESSd's legal defense, including all court and lawyer fees.
(7) Access to the portal is individualized and may only be used by the authorized user or staff member. The user agrees to keep the access data confidential and to protect it from unauthorized third-party use. The user is also responsible for the confidentiality of the staff logins and will instruct the staff accordingly. The user agrees to report any suspected misuse by a third party to InPRESSd immediately. As soon as InPRESSd is informed about an unauthorized use, the access will be blocked. InPRESSd reserves the right to change the login and password of a user in which case the user will be informed immediately.
(8) The user commits to refrain from any actions that may endanger or disturb the functionality of the portal as well as from unauthorized data access. The user is responsible to ensure that transferred information and uploaded data do not contain viruses, worms or trojans.
(9) In case of a violation of these terms of use InPRESSd is authorized to revoke the user's registration or block the access to the marketplace. The user commits to compensate InPRESSd for any damages that may arise from this violation and to indemnify InPRESSd against all claims by third parties, including all court and lawyer fees, that may be made against InPRESSd due to the user's violation.
(1) InPRESSd is fully liable for deliberate intent and gross negligence, for slight negligence only in case of a violation of essential contractual obligations. Liability in case of a violation of essential contractual obligations is limited to the foreseeable damages typical for this type of contract.
(2) InPRESSd is not liable for network disturbances that have not been caused by InPRESSd.
(3) According to the previous sections InPRESSd is liable for the loss of data only if this loss could not have been avoided by appropriate data security measures on the part of the user.
(4) The aforementioned liability limitations apply correspondingly also for InPRESSd's vicarious agents.
(1) InPRESSd's servers are secured according to the state of the art, particularly by firewalls. Still, the user is aware that there is a risk for all participants that transferred data may be intercepted. This includes not only the exchange of information via e-mail but all other data transfer.
(2) InPRESSd is authorized - with regard to the prevailing privacy policy - to edit and save all user data obtained in connection with the business relation for the duration of the contract. In particular, the user agrees that InPRESSd saves and edits all information given by the user in connection with the registration such as the user's business data and contact persons as well as any user data updates and makes it available in the closed section of the marketplace to other registered users, labels and InPRESSd.
(3) Any further use of personal data exceeding the aforementioned use requires the user's separate consent. The user can withdraw the consent given according to § 3 at any time insofar as the user has thereby consented to the use of personal data.
(4) InPRESSd will treat all user data marked as confidential confidentially and use it only according to these terms of use. InPRESSd reserves the right to deviate from this agreement if required by legal or official directives to disclose user data.
(5) By registering at the portal the user assumes liability towards InPRESSd and all other users to observe the privacy policy requirements for the transfer of data and indemnifies InPRESSd against all liability, including public law claims. In particular, the user has to ensure at its own discretion that the required consent of staff members is obtained if necessary before using personal data of staff members for a staff login or in other ways on the platform.
(1) A partial or complete assignment of user rights arising from the contract with InPRESSd to a third party is impossible.
(1) The contract is concluded for an indefinite period. The contract starts with the confirmation of the registration by InPRESSd according to § 3.
(2) The contract can be terminated by both parties, giving three months' notice to the end of the month.
(3) Each party has the right to terminate the contract for an important reason without observing a period of notice. An important reason according to InPRESSd is:
(4) Any termination of contract must be made in writing. Terminations via fax or e-mail meet the requirements of the written form.
(1) The laws of the Federal Republic of Germany shall apply with the exception of the UN law on international sales (CISG). The place of jurisdiction for all legal disputes shall be Heidelberg. InPRESSd is also entitled to sue at the user's place of general jurisdiction.
(2) Should individual provisions of these terms of use be or become void and/ or contradict legal regulations, the remaining provisions shall remain unaffected. The contract parties mutually agree to replace the void provision with a legally effective provision which comes closest to the commercial purpose of the void provision. The aforementioned arrangement applies accordingly for regulatory gaps.