General Conditions PresseBox
A. General Conditions
§ 1Scope of application
1. These conditions apply for all – and future – services of UNITED NEWS NETWORKS (hereinafter referred to as “Proprietor”) in connection with the provision and delivery of internet services. They govern the contractual relationship between the Proprietor and those who make use of their services (hereinafter referred to as “Users”).
2. The employees of the Proprietor are not entitled to enter into or make deviating agreements, collateral agreements, individual promises of guarantees or warrants, unless they are expressly entitled, or by virtue of their executive position, power of representation or, in general, their procuration to do so.
3. Insofar as the Proprietor provides to the customer the services of any third party in accordance with the contractual conditions, the GTC of that third-party shall apply for these services, provided that the customer was able to obtain knowledge about them in a reasonable way prior to the conclusion of the contract.
4. The range of goods and services of the Proprietor aims solely at companies in accordance with § 14 BGB (German Civil Code), i.e. natural persons or corporate entities, which in case of an order shall act in the performance of a commercial or independent activity. It is only them, who are considered Users in accordance to these Terms and Conditions. The Proprietor insofar refuses to enter into contract with a consumer.
§ 2 Subject to alterations – Change of the list prices and the GTC
1. 1. The Proprietor is, in accordance with a continuing obligation (user contract or service contract), entitled to carry out price adjustments provided that these follow a change of list prices, which apply to customers of the Proprietor with similar contractual relations, and that they are reasonable. A price adjustment is considered reasonable unless it is disproportionate with regard to the general price development of comparable products. The latter is assumed when they remain in the range of changes of the price index for the living expenses of all private households in Germany (base year 2010), published by the Federal Statistical Office (Statistisches Bundesamt).
Such a price adjustment shall take effect two months after such notice is received by the customer. In case that the increase of the price surpasses the range of change of the price index for the living expenses of all private households in Germany (base year 2010), the customer shall be entitled to cancel the contract within one month after receipt of such notice with effect as of the date, when the price change would get into force.
2. In case of a change at the General Terms and Conditions valid for a continuing obligation by the Proprietor any revised version will become contractual at least two months after receipt of such a declaration, if the Proprietor informs the customer about such changes in writing in reference to the possibility of an objection and if the customer does not oppose within a period of one month after receipt of the respective declaration. If an objection is raised, the contract shall continue to exist totally unchanged. The right of the contractual partners to terminate the contract remains unaffected therefrom.
§ 3 Proprietor’s Liability
1. The Proprietor shall be liable towards the User solely for damages caused intentionally or by gross negligence. This does not apply if the Proprietor violates essential duties of the contract. Essential contractual duties are such duties upon whose execution the proper execution of the contract relies on and upon whose execution the contractual partner permanently trusts and may trust.
2. In case of slight negligence, a liability of the Proprietor in terms of financial losses related to indirect damages, especially consequential damages, unpredictable damages or untypical damages as well as lost profit shall be excluded.
3. A statutory liability of the Proprietor regardless of culpability – especially a liability in accordance with the product liability law as well as a warranty liability – shall remain unaffected by the aforementioned limitation of liability. The same shall apply for the liability of the Proprietor in case of culpable violation of life, body and health.
§ 4 Customer’s Liability
1. The customer guarantees that the customer will have the unlimited power of disposition in regard to the materials (texts, images, graphics, etc.) published by him on the websites of the Proprietor and insofar as the contents therein are free of any rights of third parties, including potential personal rights. In particular, the customer guarantees the possession of all copyright, ancillary copyright, licensing, evaluation and GEMA rights, required for publication, reproduction and public access thereof.
2. The customer holds the Proprietor harmless of any third-party claims occurring in relation with the contractual execution of the rights and authorizations granted under this contract with regard to the materials provided by the customer. Refundable costs also include all reasonable costs of a legal defense that might become necessary for the Proprietor in the course of a defense against third-party claims. However, the Proprietor informs the customer without delay about measures of the legal defense to be taken. At such conflicts with third-parties, the Proprietor shall not reach an amicable settlement before consulting the customer. Otherwise the Proprietor shall bear all costs of the conflict.
3. In case of a claim brought forward by third-parties, the customer is obliged to provide immediately to the Proprietor truthfully and completely all information that is necessary to the examination of and to defence against claims.
4. As far as the customer transfers messages via a password-protected web interface, he must be responsible for the confidentiality of the assigned username and password (access data). He is considered solely responsible in case of a misuse of the access data.
§ 5 Confidentiality, Data Protection
1. The contractual partners are obliged to treat any companysecrets about the other contractual partner as confidential that may become known during the execution of the contract, including such data that are subject to the other contractual partner’s professional duty of confidentiality.
2. Any data that is required for the execution of the business will be saved electronically. The Proprietor is obliged to observe legal data protection regulations, especially the Federal Data Protection Act (Bundesdatenschutzgesetz (BDSG)) and the Tele Media Act (Telefonmediengesetz (TMG)). Further information will be provided by the Proprietor in a separate data protection statement.
§ 6 Services and Invoicing by Third-Parties
1. The Proprietor is entitled to provide the services whose provision is contractually due to be provided by third-parties and, in particular, by companies connected to it. In this case the service providing, third-party’s GTC apply additionally to the GTC at hand.
2. The Proprietor is entitled to assign any claim under this contract to third-parties, in particular to companies connected to it, or to authorize third-parties to assert them on its own behalf.
3. The customer shall not count up own claims against the Proprietor, if these claims have not been recognized or legally ascertained.
§ 7 Others
1. The contractual relationship is governed by German law with the exception of the Sales Convention of the UN.
2. Provided that the customer is a merchant, a legal entity under public law or a holder of special public funds under § 38 ZPO, or that the customer moves the residence, domicile or the company headquarters abroad after the conclusion of the contract, or if unknown, the location of the registered office of the Proprietor determines the place of jurisdiction.
3. Unless otherwise stipulated, Karlsruhe shall be the place where all rights and duties herein have to be performed.
4. Cancellations, setting of a deadline with notice of refusal and warnings are to be made in writing.
5. The nullity or invalidity of individual provisions of these General Terms and Conditions does not affect the validity of the other provisions.
6. The Proprietor performs its contractually owed duties between 0:00 and 24:00 on 365 or 366 days per year. The Proprietor ensures an average annual accessibility rate of 99% of your offer. Periods, when the server of the Proprietor cannot be accessed due to technical or other problems, which are not in the sphere of influence of the Proprietor (force majeure, fault of third-parties, etc.) are deemed to be exceptions thereof.
B. Special Conditions – PresseBox
§ 1 Subject matter
1. PresseBox is a service as well as a product and a brand of the Proprietor. The subject matter of the services of PresseBox is, in the first place, the digital distribution and archiving of press releases (releases) of various technology industries (base service).
2. Furthermore, a customer of PresseBox may book further services (packages) to combine the use of additional functions with the specifically defined services.
§ 2 Assignability/Maturity
1. Confirmed orders or orders of the customer must not be assigned and can only be used by the intended recipient of the service within the order period. The intended recipient of the service is the User or the company that makes the order. If another recipient of the service is to be determined, this can be indicated respectively in the order.
2. The content of the releases and publications must refer to the intended recipient of the services and must be published by him. It shall not be permitted to upload releases on behalf of third-parties, e.g. other companies or institutions, within the own account.
3. The customer is entitled to assign outstanding debts of the customer against the Proprietor insofar as the underlying legal transaction is, for both sides, a commercial transaction.
4. All prices are always deemed to be indicated in Euro plus the legally valid VAT.
5. The fees for any use of the services of PresseBox become immediately due for the whole period right after the booking is completed. The invoicing of all booked services are issued at the beginning of the agreed (minimum) term of maturity. The fees shall be paid within 7 days after receipt of the invoice.
§ 3 Publication of Press Releases
1. The press releases are provided by the customer in a digitalized form. In case that they are not provided in digitalized form, the Proprietor cannot ensure the provision of the contractually due services.
2. Releases to be published via PresseBox must have a current content and must serve a current interest for information. Therefore, the Proprietor does not activate any distribution or dissipation function for releases which are older than seven days at the time, when they are entered into the PresseBox System. The option of archiving older releases within the press archive or the press box remain unaffected thereby.
3. The customer uploads the press releases into the system of PressBox and carries out a categorization.
4. The customer has the option to publish the release on one of the numerous partner pages of PresseBox. The publication is carried out in accordance with the selected distribution options, which the customer can specify within the customer area. At the same time, together with the publication of the release in the PresseBox, the publication of the release on the partner site of PresseBox, selected by the customer, is realized.
5. The User is solely responsible for the content of the respective releases (among others texts, images, graphics and links) made available or distributed by him via PresseBox.
6. It shall be forbidden to make available or to distribute contents via PresseBox, if and insofar they do not abide by the legal requirements, rights of third-parties or violate against moral standards.
7. In the following cases, the publication of releases on PresseBox may or must be denied:
- – releases, which cannot be assigned to any of the categories set up by PresseBox
- – releases, whose kind and size are deemed unreasonable
- – releases, which consist of advertising content only, especially such which do not fulfil the general minimum requirements for press releases
- – releases with political content only
- – releases in one’s own account, whose content is destined for third-parties
8. The Proprietor is entitled to delete or deny the archiving of releases, which violate the regulations of B.3.6. and B.3.7. Furthermore, the propriator reserves the following rights:
- – to change the structure of the releases (e.g. adding paragraphs)
- – to abbreviate contact data of the User, which are already entered into the press box of the news provider. (e.g. press contacts or company descriptions)
9. Furthermore, in particular cases, the Proprietor is entitled to remove releases from the system without stating any reason, if this is deemed to be necessary after evaluation of the interests of the customer and the Proprietor.
§ 4 Product Group „Ticket“
1. The product group “Ticket” describes service packages which enable the customer to publish a certain number of releases on PresseBox (e.g. Ticket of 3, Ticket of 10 …)
2. The contracts of the product group „Ticket“ are valid for a period of 12 months and are automatically prolonged on equal terms unless cancelled 30 days before the date of maturity. Binding with regard to the timeliness of the cancellation is the date of receipt of the declaration by the Proprietor.
3. In case that not all tickets are used until the date of maturity, they will expire and will not be carried over to a probably renewed service period.
4. In case that the contingent provided is entirely used up before the date of maturity the prolongation becomes already valid by the time when the last one is used. The customer will receive the same ticket product under the same conditions, unless the contract is cancelled 7 days after the use of the last ticket.
5. Promotional products, which are based upon a limited amount of press releases and whose period of validity is 12 month are also classified as if they belonged to the product group “Ticket”.
§ 5 Product Group “Flat/Flat Rate”
1. The product group “Flat” offers the customer the option to publish an unlimited number of press releases via PresseBox within a certain amount of time.
2. Contracts of this product group usually cover a period of maturity of 12 months, but at least 3 months. The specific period of maturity of the contract is determined by the customer at the time when this product is booked by him.
3. Contracts of the product group “Flat” are automatically prolonged on equal terms for the determined period, unless cancelled 30 days before the date of maturity is reached. Binding with regard to the timeliness of the cancellation is the date of receipt of the declaration by the Proprietor.
§ 6 Product Group “Agency Flat Rate”
1.This product group intends to address advertising agencies, which undertake the consultation, conception, planning, design and realization of advertisement and other communication measures for companies and other purchasers.
2. Within the framework of the product group “Agency Flat Rate”, the agency has the possibility to publish an unlimited number of releases for one customer of the agency for a certain period of time via PresseBox. For each agency customer a separate flat rate has to be created.
3. Contracts of this product group usually cover a period of maturity of 12 months. The specific period of maturity of the contract is determined by the customer at the time when this product is booked by him.
4. Contracts of the product group “Agency Flat Rate” are automatically prolonged on equal terms for the determined period, unless cancelled 30 days before the date of maturity is reached. Binding with regard to the timeliness of the cancellation is the date of receipt of the declaration by the Proprietor.
§ 6a Product Group “Agency Ticket“
1. This product group intends to address advertising agencies, which undertake the consultation, conception, planning, design and realization of advertisement and other communication measures for companies and other purchasers.
2. The product group “Agency Ticket” covers service packages which enable agency clients to publish a certain amount of releases on PresseBox (e.g. Ticket of 20, Ticket of 30 …). The tickets of this service package can be used variably for different agency customers.
3. Contracts of the type “Agency Ticket” are automatically prolonged on equal terms for the determined period, unless cancelled 30 days before the date of maturity is reached. Binding with regard to the timeliness of the cancellation is the date of receipt of the declaration by the Proprietor.
4. If not all tickets are used until the date of maturity, they will expire and will not be carried over to a probably renewed service period.
5. If the ticket contingent provided is entirely used before the date of maturity the prolongation becomes valid already by the time when the last one is used. The customer will receive the same ticket product at the same conditions, unless the contract is cancelled 7 days after the use of the last ticket
§ 7 Product Group “Media Monitoring”
Within the framework of the product group “Media Monitoring” a search engine with a connected result processing and analysis software is provided to the User. The search engine is designed to find and evaluate articles, news, opinions and commentaries about certain subjects or search words in the internet.
1. Rights and Obligations
1.1. In the framework of the use of the “Media Monitoring” the Proprietor carries out individual search queries or regular search requests on its search index in accordance with the requirements or in the interests of the User.
1.2. The search index contains the media selected and determined by the Proprietor, but the User can be granted the possibility to view the media list. To ensure the actuality and effectiveness of the media monitoring, the Proprietor reserves for itself the right to change or amend the content of its media program.
1.3. In exceptional cases, the Proprietor is entitled to deny specific search queries or search requests if they might lead to problems due to technical reasons. The User can carry out change requests with regard to search queries or search requests by using the software with the User’s access data or by asking the service team of the Proprietor by phone or by e-mail to do so. In the latter case, to the extent possible, the changes are carried out by the Proprietor.
1.4. It should be pointed out, that the search results of the “Media Monitoring” depends on third-parties. Therefore, it could happen, that the results of a search request are not complete or differ from the opinion of the User.
1.5. As the search results are delivered by third-parties, the Proprietor does in particular not assume any liability for the content of the search results. The Proprietor does neither appropriate the content or the statements – not even if the search results fit to the overall image of the “Media Monitoring” information service.
1.6. An e-mail subscription for the search queries and search requests transmitted with regard to the “Media Monitoring” is also possible. In the event, that this option is used, the User commits himself to provide only e-mail recipients whose written consent he has obtained, prior thereto.
2.1. The delivery of the search results is carried out, subject to any exploitation rights. The User is obliged not to create reproductions of the search results (including excerpts, texts, pictures, etc.) for any other purpose but for personal or other personal use (as a rule archiving and documentation purposes) under § 53 UrhG (Copyright Laws).
Other uses are only permitted, regardless of the specific carrier medium, to the extent permitted by law or based upon a separate agreement with the author/holder of rights.
2.2. In case that due to a violation of article § 6 Par.1 an infringement of third-parties occurs, the customer indemnifies the Proprietor against any claims of third parties resulting therefrom.
3. Period of maturity / Prolongation
The minimum period of maturity of the product “Media Monitoring” is 12 months unless otherwise specified in writhing. Contracts of the type “Media Monitoring” are automatically prolonged on equal terms for the latest determined period, unless cancelled 30 days before the date of maturity is reached. Binding with regard to the timeliness of the cancellation is the date of receipt of the declaration by the Proprietor.
4. Participation of the User
By forwarding the access data, the User is given the possibility to configure the delivery of search results by itself. Therefore the User is subject to the obligation to co-operate in so far as to carry out the User’s configurations (e.g. search queries or e-mail alerts) on his/her own and to verify them regularly. If the User notices that the transmitted search results do not meet the User’s requirements, the User will immediately ask the employee of the Proprietor for support. The parties agree that a wrong or faulty configuration does not constitute any deficiency of material or performance.
§ 8 Further services and Service Solutions
In addition to the specified packages, the Proprietor offers further services and service solutions such as the compilation of press releases. Due to the individuality of those service solutions and mandates, their conditions with regard to the period of maturity and payment are specified in separate contracts.
§ 9 Public Relations for the Company Homepage
1. The Proprietor enables the client to provide the press releases automatically on the own company website by using an interface of PresseBox. For that purpose the customer is given a suitable program (source code) by the Proprietor.
2. The Proprietor assigns a general right of use for that program. The customer is entitled to use the source code within the scope of this contract. In case of an integration, the User has to take over the provided source code in full. Changes or reductions are not permitted. Adjustments such as graphical design can be carried out by using the configuration tools provided by the Proprietor, which if necessary create a different source code.
3. By booking this service, the User promises to offer a link to PresseBox while integrating the source code on the User’s website to point out the User’s role as service provider. In particular the customer must not remove the respective link from the transmitted source code.
4. With regard to the functionality of these services, an obligation to the User prevails, especially in regard to the compatibility of the existing technical content base of the respective website.
Karlsruhe, as of 03.12.2014