General conditions of plenigo for the use of certain online offers and apps
1. Scope of application
1.1 The provider of the online service, game or mobile application ("app") (online services, games and apps collectively referred to as "service") is the company named in the provider identification (usually under the link "Imprint") of the website or mobile website or app (the service providers collectively referred to as "service providers").
1.2 The following general conditions regulate the contractual relationship regarding the use of the service and all services provided by the service provider in this relationship in the following cases:
- If and to the extent that the Service Provider refers to these General Terms and Conditions in its own general terms and conditions and thus incorporates them, or
- If the service provider does not maintain its own general terms and conditions for the online service in question.
- Terms and conditions of the service provider
- Conditions of plenigo
- Conditions of the app stores
2. Services and special service areas
2.1 The services offered by the respective service provider, in particular the conditions under which the service can be used, whether the services are subject to a charge and, if applicable, the terms of the contractual relationships, can be found in the relevant description in the service.
2.2 For certain special service areas (news, games, apps, user content), Sections 5 to 8 of these General Terms and Conditions provide for some special regulations.
3. Conclusion of contract
3.2 The User shall be informed by the service provider in the service in accordance with the statutory provisions as to how the contract for the use of the respective service is concluded with the service provider. In the case of chargeable services, the User shall regularly submit his offer to conclude the relevant contract by clicking the button "Order subject to payment" or a similarly labeled button. The service provider then accepts this offer by means of a confirmation e-mail or other acceptance action (e.g. by making the desired content available). However, the service provider is generally not obligated to accept the user's offer.
4. Right of withdrawal
According to the law, if the user enters into a contract as a consumer, i.e. for a purpose that can be attributed neither to his commercial nor to his professional activity, he is entitled to a statutory right of withdrawal in many - but not all - cases. The User can find out whether such a right of withdrawal exists and what the conditions and consequences of its exercise are from the corresponding instructions of the service providers.
5. Special provisions for the "News" service area
Within the scope of a contract for the subscription of or access to news and related content (e.g. access to a website or app with journalistic reporting or also ePaper), the following special provisions shall apply:
5.1 The use of the corresponding content is permitted exclusively for the user's own non-commercial purposes, regardless of any possible embodiment.
5.2 It is not permitted to make additional copies of the content, to edit or transform the content and to publish or exploit the result, to pass the content on to third parties or to distribute it in any other way, to make the content publicly accessible or to send it to third parties. This also applies to the use in intra- or extranets. If the user downloads content (e.g. ePaper as a PDF document), he may save this or the file in question once on the end device used, i.e. make a corresponding copy. The user is prohibited from any other or further use and exploitation. Neither the service provider nor (if different) the publishing house publishing the content grants the user such rights of use.
5.3 Clause 5.2 shall apply, subject to any statutory limitations, e.g. copyright, irrespective of the purpose of the use or exploitation and irrespective of the form or embodiment of the content at the relevant time. Section 5.2 shall also apply not only to the content as a whole, but also, subject to any legal restrictions, e.g. copyright, to all individual articles, photos and other individual components as well as parts thereof, unless the part in itself does not enjoy any copyright or other legal protection, in particular under ancillary copyright law.
5.4 In addition, in order to protect against misuse, the service providers reserve the right to mark content by means of measures that are not readily recognizable to the user. In particular, the service providers reserve the right to mark content that can be downloaded by users (especially ePaper as PDF files) with the name and e-mail address of the user.
5.5 The Service Provider reserves the right to block access to the contractual content for the User if the User has acted contrary to sections 5.1 to 5.3 or has enabled third parties to use or exploit content or parts thereof without authorization.
6. Special regulations for the use of apps
6.1 In the case of subscription orders for and in an app, it is important for the User to keep, store or otherwise ensure that the access data for the respective app store used is not lost by the User. This is because, as a rule, the user can only regain access to the content and subscriptions via the access data for the app store used after an uninstallation of the app (not based on a termination or other end of contract) or a technical problem with the app, the end device or the app store. Without the app store account, the service provider generally has no way of assigning a particular subscription to a particular user.
6.2 The technical framework conditions for the use of an app are based on the requirements stated in the download area of the mobile device and content platform used by the User. For certain functions of an app, registration and/or the purchase of content by way of so-called in-app purchases may be necessary. A prerequisite for the proper use of apps and corresponding content is that the user has compatible devices and software, in particular the compatible version of the operating system intended for the app in question. It is recommended to always use the latest versions of the required software. Regular updates of the user's mobile device may also be required. The use of apps also requires Internet access. It is the responsibility of the user to find out before purchasing an app and/or content whether the respective hardware and software used by the user enables the use of the app and/or content.
6.3 The user is prohibited from editing, redesigning, copying, publishing, distributing, selling or otherwise exploiting the apps, the information or software associated with the apps and the content that can be obtained via the apps or is contained therein. The User is also prohibited from renting, leasing or otherwise transferring the Apps and/or Content or passing them on to third parties. The Apps and/or the Content enjoy copyright protection and may constitute access-controlled services. Sections 69a et seq. of the German Copyright Act (UrhG) apply to the App as a computer program. The User is prohibited from using circumvention devices to bypass the access control services provided for the Apps and/or the Content or to take other measures to use the Apps and/or the Content without permission. When using the Apps and the Content, the User shall comply with all applicable contractual provisions with third parties (e.g. those of the User's contract for mobile data services, platform operators, etc.).
6.4 Likewise, the User is prohibited from removing, modifying or obliterating the copyright notice and the notices regarding trademarks or rights subject to special protection of the Service Provider, companies affiliated with the Service Provider or third parties or publishers that are associated with or contained in the Apps and/or the Content or that can be accessed in connection with or through the Apps and/or the Content.
6.5 The App and/or the Content may be free or paid. If an App or Content is subject to a charge, the User will be shown the currently valid price in the respective sales platform and, in the case of in-app purchases, in the App. In addition to the price of the apps, transmission costs of the user's internet access provider may be incurred when downloading and using the apps.
7. Rules for the publication of the user's own content and the use of the services.
7.1 Comments, ratings as well as any other content of the User (texts, photos, videos, etc.), which the User publishes on or in a Service towards other Users or the general public, must not have any illegal content. Therefore, in particular, it is absolutely inadmissible:
Content that or whose content and/or objective incites hatred against parts of the population or against a national, racial, religious group or a group determined by its ethnicity, incites violence or arbitrary measures against them or attacks the human dignity and general personal rights of others by insulting, maliciously disparaging or defaming parts of the population or a pre-designated group;
Content that describes children or adolescents in unnaturally gendered postures, that is pornographic, especially if it deals with acts of violence, sexual abuse of children or adolescents or sexual acts of humans with animals, as well as content that for other reasons violates regulations for the protection of minors, especially content within the meaning of the relevant standards of the Interstate Treaty on the Protection of Minors in the Media (Jugendmedienschutz-Staatsvertrag); this also applies to content that even refers to or hints at such content and/or objectives;
- Content that advertises games that require a state permit (esp. games of chance within the meaning of Section 184 of the German Criminal Code), or that deals with or advertises chain letters, pyramid schemes, betting or related matters;
- Content that is insulting, defamatory or otherwise defamatory and/or has racist or xenophobic tendencies;
- Content that violates the right to protection of privacy and intimate sphere and/or otherwise violates the general right of personality and/or would threaten others in any way or otherwise put them under pressure or would put them under pressure if they were carried out;
- Content that violates the right of third parties to their own image;
- Content that infringes third party positions protected by copyright and/or ancillary copyright (e.g. photos of fashion events to which you do not own the necessary rights).
7.2 Provided that the appropriate possibilities exist in a service, the user is permitted to link third-party content. In doing so, however, the user must always ensure that the content that can be accessed on the linked websites does not, in turn, violate the rules set out in section 7.1.
7.3 Insofar as the user wishes to publish photos or videos in a service, he must ensure that only he himself or an objective motif can be seen in the photos or videos, but not other persons who are identifiable. Exceptionally, other persons may also be seen on the photos or videos if
- the other persons agree that the user publishes the photo or video in the service concerned, whereby the consent of all persons depicted is required;
- the likeness of the person depicted may be published in accordance with the German Art Copyright Act (there § 23 KUG), in particular if it is a person from the area of contemporary history; or
- the person depicted recedes into the background in such a way that he or she is ultimately no longer part of the photographed motif.
7.4 The following applies to the interaction of users with other users:
If another user makes it clear that he or she does not want to be contacted by the user or no longer wants to be contacted, this wish must be absolutely respected. All forms of behavior that can be summarized under the keyword "mobbing" are also prohibited. No user may constantly or repeatedly and regularly harass, psychologically torment or psychologically injure other users or third parties.
7.5 The respective service is created exclusively for use for the private purposes of the users. The use of a service for commercial and/or business purposes is not permitted. This applies in particular to the offering of goods or services of any kind against payment or the request to submit a corresponding offer. This prohibition applies in the same way in the relationship between the users themselves, insofar as the relevant communication takes place using the service and its features and functions, as well as for the advertising of goods or services offered by third parties against payment.
7.6 Users are prohibited from using automatic or manual procedures by means of which data of any kind from a service is read, stored, processed, modified, forwarded or misused in any other way. It is also prohibited to intercept e-mails / messages or even to hack, automatically collect or otherwise compromise profiles of other users.
7.7 Furthermore, it is always prohibited to publish, send or otherwise pass on personal data of other users or third parties (e.g. names, telephone numbers, e-mail addresses), unless the users concerned have consented to this.
7.8 No viruses, Trojans and corresponding scripts and programs or similar malicious code may be introduced into the services. The sending of spam e-mails / spam messages is also prohibited.
7.9 In this context, the user is obliged to indemnify the service provider as well as its management, employees and other staff members from any liability and all costs, including attorney's fees for legal defense as well as possible and actual costs of legal proceedings as well as possible administrative fines set or to be set by a court. The Service Provider shall indemnify and hold harmless the User from any and all liability and costs, including attorney's fees, legal defense costs and possible actual costs of legal proceedings as well as possible administrative fines set or to be set by a court, if claims are asserted against the Service Provider, members of its management, its employees and/or other staff members by third parties because a certain content published by the User infringes the third party's absolute rights (e.g. as a result of insults, false statements of fact, copyright infringements).
The Service Provider shall notify the User of the claim and, to the extent possible and reasonable, give the User the opportunity to prove the admissibility of the publication and to defend the asserted claim. On the other hand, the User shall be obligated to immediately provide the Service Provider with all information available to it regarding the matter in question.
Any claims for damages to which the service provider may be entitled beyond this shall remain unaffected.
7.10 The Service Provider also reserves the right to warn the User, to edit or delete the User's content and/or to exclude the User from further use of the service in whole or in part, temporarily or permanently, if there is a reasonable suspicion that the rules in sections 7.1 to 7.8 have been violated. When selecting the sanction, the Service Provider shall take into account in particular the severity of the violation and the degree of fault of the User.
8. Liability of the Service Provider
8.1 In the case of contracts for chargeable services (for contracts for free services, see Section 9.2), the Service Provider shall be liable in accordance with the statutory provisions for damages to the User that were caused intentionally or by gross negligence, that are the result of the non-existence of a guaranteed quality of the subject matter of the service, that are based on a culpable violation of essential contractual obligations (so-called cardinal obligations), that are the result of culpable injury to health, body or life, or for which liability is provided for under the Product Liability Act.
8.2 Cardinal obligations are such contractual obligations, the fulfillment of which enables the proper execution of the contract in the first place and the observance of which the contractual partner may regularly rely on, and the violation of which endangers the achievement of the purpose of the contract on the other side.
8.3 In the event of a breach of a cardinal obligation, liability - insofar as the damage is only due to slight negligence and does not affect life, limb or health - shall be limited to such damage as must typically and foreseeably be expected to occur within the scope of the provision of services such as the contractual services.
8.4 In the case of contracts for free services, the Service Provider shall only be liable for intent and gross negligence in accordance with the statutory liability standard of Section 521 of the German Civil Code, irrespective of the provisions of Sections 9.1 to 9.3.
8.5 In all other respects, liability - irrespective of the legal grounds - is excluded both vis-à-vis the Service Provider and vis-à-vis the Service Provider's vicarious agents and assistants.
8.6 If damages to the User result from the loss of data, the Service Provider shall not be liable for such damages to the extent that the damages would have been avoided if the User had backed up all relevant data regularly, completely, and with a frequency appropriate to the value of the data.
9. Contract terms and termination
Insofar as the contract concluded with the Service Provider is, for example, a subscription or a usage authorization granted for an indefinite period of time (so-called continuing obligation), the following provisions shall apply:
9.1 The various continuing obligations can either be concluded for an indefinite period of time, have a fixed term (i.e. without automatic renewal) or have a minimum term (i.e. with automatic renewal if the continuing obligation is not terminated). The contract term applicable in each case for the service or the individual offer of the service can be found in the offer presentation in the service. With regard to apps, please note the special provisions in section 9.4).
9.2 Insofar as no fixed term and no minimum term is agreed with the customer in the individual case, the continuing obligation shall run for an indefinite period. In the event of a fixed term, the contract shall end upon expiry of the term without the need for termination. If a minimum term has been agreed, the contract shall be continued after expiry of the minimum term with the customer in accordance with the offer presentation in the service either for an indefinite period or for periods corresponding to the minimum term in each case if the customer does not terminate the contract in text form (i.e., e.g., by e-mail) or in writing (e.g., by letter) at least 4 weeks before expiry of the minimum term or the respective contract period. If other ways are also set up for the termination of the contract (e.g. a corresponding button on the website or in the app), the user can of course also effect the termination in these ways. Moreover, the individual service may also provide for other notice periods. If this is the case, these shall take precedence over the provisions of this Section 10.2.
9.3 If a fixed term or a minimum term has been agreed, ordinary termination shall be excluded for both parties for the duration of the aforementioned periods.
9.4 In the case of apps, the providers of the respective app store (iTunes Store, Google Play Store, etc.) also have an influence on the available subscription models. While in one app store subscriptions can be extended by the original contract period, this may not be the case in another app store and the subscription ends automatically without cancellation. In some cases, the app stores also offer special options for terminating subscriptions, for example via a corresponding menu item in the store.
9.5 Both parties always reserve the right to extraordinary termination for good cause if the legal requirements are met. Such terminations must be made in writing in any case.
9.6 When the termination of a contract for the use of an app takes effect, the right to use the app and/or, if applicable, also the content expires. You must uninstall the app and remove it from your device. To uninstall the App, please use the application wizard provided with your device or consult your user manual.
9.7 When the termination of the contract on the use of a web service becomes effective, the right to use the web service and/or the content expires. In this case, the user's access to the web service will be blocked. The same applies to browser games and other services.
10. Data protection
11. Changes of the general conditions
11.1 plenigo reserves the right to change these general terms and conditions at any time and without giving reasons. In addition, each service provider may introduce new or amended general terms and conditions of its own for a service. The new general terms and conditions of plenigo or the new or amended general terms and conditions of the service shall be communicated to the user in an appropriate manner and, if necessary, by e-mail by us or the service concerned. They shall be deemed to be agreed if the user does not object to their validity within 14 days of receipt of the notification. The objection must be in text form, i.e. at least by e-mail. The user shall be informed separately in the notification of the possibility of objection, the deadline and the consequences of his failure to act. In the case of changes to these general terms and conditions, the objection must be addressed to us. In the event of new or amended General Terms and Conditions of a service, the respective service shall be the addressee of the objection.
11.3 If the User objects, both the Service and the User shall have the right to terminate the relevant contract by giving notice of termination with immediate effect. Furthermore, the option to amend the new general conditions or the new or amended general terms and conditions of the Service pursuant to Sections 11.1 and 11.2 shall not apply to amendments that restrict the content and scope of the core usage options of the Service existing for the respective User to the detriment of the User, nor to the introduction of new obligations for the User not previously included in these general conditions or the general terms and conditions of the Service referring to the general conditions.
11.4 If a Service Provider introduces new or amended General Terms and Conditions for a Service, this may result in the conditions for the application of these General Terms and Conditions (see Section 1.2) ceasing to apply; in this case, the General Terms and Conditions shall no longer govern the contract between the User and the Service Provider.
12. Choice of Law
The User Agreement and these General Terms and Conditions of Use, including their interpretation, shall be governed exclusively by the laws of the Federal Republic of Germany. The application of German and European private international law as well as the UN Convention on Contracts for the International Sale of Goods is excluded.
13. Contract text and contract language
13.1 The contract between the User and the Service Provider is generally not laid down in a separate contract text for the person of the User, which the User could then access later as such. However, the content of the contract results from these general conditions, the general terms and conditions of the service referring to these general conditions and the subject matter of the concluded contract, i.e. the relevant services of the service, as well as the obligations of the contracting parties resulting therefrom.
13.2 Only the German language is available for the conclusion of the contract.
14. Severability clause
Should individual provisions of these General Terms and Conditions including this provision be invalid in whole or in part, the validity of the remaining provisions or parts of such provisions shall remain unaffected. The invalid or missing provisions shall be replaced by the respective statutory provisions.