© Copyright 2016 MGN Mediengruppe Nuremberg
Developed by ITHighway GmbH1. Scope
The GMM app designed for mobile devices with Android and IOS operating systems enables companies/contractual partners (hereinafter “customer”) to advertise their company and/or product. To do this, customers create their customer profile at www.godmode-app.de (hereinafter also known as “web application”), and post various banner templates. Users of the GMM app can create personalised banners via a user application (mobile app, desktop-based, etc.) by inserting their own photo (e.g. a “selfie”) for the banner templates in the user application, so as to then post and share the banner on social media platforms like Facebook.
These terms and conditions (T&Cs) of Medien Gruppe Nürnberg GmbH, represented by managing director Mr Christian Weninger, Klingenhofstr. 52 in 90411 Nuremberg (hereinafter “provider”), apply to all contractual relationships between the provider and the customer.
2. Contract conclusion/Costs
2.1. The contract with the customer eventuates as a result of a customer profile, including Stripe account, being created (see also point 5 of these terms and conditions), and as a result of these terms and conditions simultaneously being accepted.
2.2. The contract applies exclusively to one commercial website (e.g. own online shop, Facebook page). If the customer operates multiple commercial websites on which it wants to use the banners provided as part of an advertising campaign, a separate customer profile must be created for each commercial website.
2.3. Creating the customer profile and posting/storing the banner in various templates in the individual customer area of the web application does not result in any costs.
2.4. Costs are incurred when the user further uses the banners provided. Only once the Share button is pressed in the user application does the customer incur the corresponding costs.
2.5. The costs for the respective process are governed by the latest cost list, which is available both in the web application itself and in the individual customer area of said web application. The customer also receives an email notification when certain targets, a certain number of banner users, have been reached.
3. Provision/use of the Godmode Media portal (hereinafter “GMM”)
3.1. The GMM gives customers with a commercial website the opportunity to advertise their company through the application, which is designed for mobile devices with Android or IOS operating systems.
3.2. The customer creates their personal profile in the web application, and provides the user with various banners, into which users can insert their photos into the user application for the banner templates, and then post and share them on Facebook or other social media channels. The standard banner size is 851 x 315 pixels.
3.3. The customer can post/store banners in the personal login area of the web application. The banners are published once activated by the provider, with a maximum of 10 banners permitted per active profile and business day.
3.4. After downloading the user application, the user receives a user account connected with a social media platform, through which it sees the corresponding banners provided by the customer.
3.5. The GMM users are informed as soon as a new banner has been provided by their subscribed customer in the user application.
3.6. The time of activation, formatting and display are determined solely by the provider. Banners are generally published on the day of posting or within 24 hours.
3.7. Only self-made banners referring to the customer and displaying a high degree of uniqueness are published.
3.8. The individual customer area informs the customer on the latest campaign to be activated, the current costs of the activated campaign, the number of users and the current target scaling.
4. Customer rights and duties
4.1. The customer is the sole party responsible for upholding the customer system requirements. The provider’s technical specifications must be heeded, and are available at www.mediengruppenuernberg.de
4.2. The customer must not breach current laws, moral principles and/or these terms and conditions by publishing texts, images or video files. It must particularly observe third-party rights (naming rights, copyrights, privacy laws etc.). Banners featuring content breaching legal regulations are not published. Banners must not contain any active hyperlinks, computer codes or similar. The provider reserves the right to make changes in compliance with moral rights.
4.3. The customer is not entitled to publish specific banners.
4.4. The provider is not responsible for conducting legal and/or content checks on entries.
4.5. The customer is obliged to immediately advise the provider of possible legal breaches. Breaches of legal regulations or these terms and conditions justify the provider to immediately delete the offending banners, or, in particularly serious cases, to immediately block the entire customer profile.
4.6. The customer grants the provider, free of charge, the simple, transferrable right, unrestricted in terms of time, space or content, to publicise, reproduce, circulate and edit in compliance with moral rights, any texts, images or video files it uses to create its profile or banners, or which it allows the provider to use for commercial purposes after contract conclusion. The provider is unconditionally permitted to transfer usage rights to partners to increase coverage. Once the contract has ended, the respective customer profile data will remain stored in the provider’s back-end.
4.7. The customer ensures and guarantees that it is entitled to use the texts, images, video files and other aforementioned material it sends to the provider for the purposes of design and/or other usage, or which it allows the provider to use, and that this does not breach any third-party rights.
4.8. Insofar as texts or other content are created by the provider’s staff for the customer, all copyright and usage rights remain with the provider. These may only be used outside the customer’s profile with the provider’s express written consent.
5. Monetisation/Payment/Invoicing
5.1. Monetisation occurs through Stripe (https://stripe.com/de). As such, the provider receives access to the Stripe back-end, where customer activities/user activities are monetised.
5.2. Invoices are only issued for total amounts of 0.5 Euros and over. In this case, the customer receives the corresponding invoice at the end of the month. The invoices are sent by email to the email address provided by the customer. The email also includes the relevant link to the “Stripe” website, where the invoice must be settled within 10 days of it being received.
5.3. If the contract ends before the amount required as per point 5.2. has been achieved, the invoice is drawn up for the costs generated up to the end of the contract. The invoice must be settled within 10 days of it being received by email.
6. Contract term/Termination
6.1. The contract runs for an indefinite time, and may be terminated by either party without notice, and without stating reasons.
6.2. From the time the contract ends, the customer is no longer entitled to use the provider’s logo. It must remove the logo from the website, and is not authorised to retain copies.
6.3. From the time the contract ends, the customer is no longer entitled to access the personal customer area of the web application. Its access is blocked, and the corresponding password invalidated. The provider’s free areas may still continue to be used.
7. Liability disclaimer
Neither party can be held liable for slightly negligent breaches of obligation, unless these relate to damages resulting from death, physical injury or harm to health, guarantees, or claims based on the Product Liability Act. Furthermore, this does not affect liability for breaches of duties whose fulfilment is essential to correct contract execution, and which one party can rely on being upheld. The same applies to breaches of obligation by assistants. In the event of liability as per the above provisions, the liability amount is, where legally permitted, limited to the contractual remuneration amount.
8. Duty of confidentiality/non-disclosure
8.1. The contractual content is governed by a duty of non-disclosure, even after it has ended. Forwarding to third parties, even in part, principally requires the provider’s consent.
This does not apply to information proven to be/have been received legitimately by a party from third parties, or have been generally known at the time of contract conclusion, or have been generally known subsequently, or have been available at one party’s end before commencement of the business relationships, and not be governed by any duties of non-disclosure, or have been independently developed by a party.
8.2. Furthermore, insofar as the party receiving the confidential information is entitled to forward said information, and insofar as they are legally or officially obliged to do this; furthermore to persons bound by professional secrecy, such as auditors and lawyers.
8.3. The obligation continues to apply even after the contract has ended.
8.4. The customer is responsible for maintaining confidentiality of its access details (particularly its password) to the personal customer area of the web application, and to separate password-protected areas. These may not be forwarded to third parties. The customer must immediately inform the provider if there is evidence to suggest its access details are being or have been used by third parties.
9. Offsetting, retention, assignment
9.1 The customer may only offset if the counterclaim is undisputed, legally established, or acknowledged by the provider. Customer withholding rights and rights to refuse service are excluded, unless the provider does not dispute the underlying counterclaims, or these have been legally established.
9.2 The customer cannot assign claims from the contract concluded with the customer.
10. Final provisions
10.1. Sub-agreements, changes and amendments must be made in writing in order to be deemed valid. This also applies to waivers of the written form requirement.
10.2. All legal relationships between the parties are governed by federal German law.
10.3. The place of jurisdiction is Nuremberg.
10.4. In the event one of the aforementioned provisions becomes invalid, this shall not affect the validity of the remaining provisions. The invalid clause shall then be amicably replaced by another which comes as close as possible to the economic intentions of the original, invalid clause.
1. Collecting and processing personal data
When customer and user profiles are created, the data is stored on MGN’s server, and continues to remain the back-end even after the profiles have been deleted.
Email addresses entered are only used for correspondence with the customer. MGN no longer uses the email address once the contract has ended.
MGN (does not) store(s) location data and device IDs. (Is anything still stored??)
In the publicly accessible area of the user application, data is only stored for a period of 3 months for statistical and troubleshooting purposes.
2. Data security and encryption
Data is transferred in encrypted format via SSL
The security measures taken by MGN to secure data at both a technical and organisational level are constantly being updated.
If an external link is retrieved from the web application or user application, the external provider is responsible for ensuring the security of the data transmitted as a result.
3. Contact
Medien Gruppe Nürnberg GmbH, represented by managing director Mr Christian Weninger, Klingenhofstr. 52 in 90411 Nuremberg.
August 2016
1. Scope
The GMM app designed for mobile devices with Android and IOS operating systems enables companies/contractual partners (hereinafter “customer”) to advertise their company and/or product. To do this, customers create their customer profile at www.godmode-app.de (hereinafter also known as “web application”), and post various banner templates. Users of the GMM app can create personalised banners via a user application (mobile app, desktop-based, etc.) by inserting their own photo (e.g. a “selfie”) for the banner templates in the user application, so as to then post and share the banner on social media platforms like Facebook.
These terms and conditions (T&Cs) of Medien Gruppe Nürnberg GmbH, represented by managing director Mr Christian Weninger, Klingenhofstr. 52 in 90411 Nuremberg (hereinafter “provider”), apply to all contractual relationships between the provider and the customer.
2. Contract conclusion/Costs
2.1. The contract with the customer eventuates as a result of a customer profile, including Stripe account, being created (see also point 5 of these terms and conditions), and as a result of these terms and conditions simultaneously being accepted.
2.2. The contract applies exclusively to one commercial website (e.g. own online shop, Facebook page). If the customer operates multiple commercial websites on which it wants to use the banners provided as part of an advertising campaign, a separate customer profile must be created for each commercial website.
2.3. Creating the customer profile and posting/storing the banner in various templates in the individual customer area of the web application does not result in any costs.
2.4. Costs are incurred when the user further uses the banners provided. Only once the Share button is pressed in the user application does the customer incur the corresponding costs.
2.5. The costs for the respective process are governed by the latest cost list, which is available both in the web application itself and in the individual customer area of said web application. The customer also receives an email notification when certain targets, a certain number of banner users, have been reached.
3. Provision/use of the Godmode Media portal (hereinafter “GMM”)
3.1. The GMM gives customers with a commercial website the opportunity to advertise their company through the application, which is designed for mobile devices with Android or IOS operating systems.
3.2. The customer creates their personal profile in the web application, and provides the user with various banners, into which users can insert their photos into the user application for the banner templates, and then post and share them on Facebook or other social media channels. The standard banner size is 851 x 315 pixels.
3.3. The customer can post/store banners in the personal login area of the web application. The banners are published once activated by the provider, with a maximum of 10 banners permitted per active profile and business day.
3.4. After downloading the user application, the user receives a user account connected with a social media platform, through which it sees the corresponding banners provided by the customer.
3.5. The GMM users are informed as soon as a new banner has been provided by their subscribed customer in the user application.
3.6. The time of activation, formatting and display are determined solely by the provider. Banners are generally published on the day of posting or within 24 hours.
3.7. Only self-made banners referring to the customer and displaying a high degree of uniqueness are published.
3.8. The individual customer area informs the customer on the latest campaign to be activated, the current costs of the activated campaign, the number of users and the current target scaling.
4. Customer rights and duties
4.1. The customer is the sole party responsible for upholding the customer system requirements. The provider’s technical specifications must be heeded, and are available at www.mediengruppenuernberg.de
4.2. The customer must not breach current laws, moral principles and/or these terms and conditions by publishing texts, images or video files. It must particularly observe third-party rights (naming rights, copyrights, privacy laws etc.). Banners featuring content breaching legal regulations are not published. Banners must not contain any active hyperlinks, computer codes or similar. The provider reserves the right to make changes in compliance with moral rights.
4.3. The customer is not entitled to publish specific banners.
4.4. The provider is not responsible for conducting legal and/or content checks on entries.
4.5. The customer is obliged to immediately advise the provider of possible legal breaches. Breaches of legal regulations or these terms and conditions justify the provider to immediately delete the offending banners, or, in particularly serious cases, to immediately block the entire customer profile.
4.6. The customer grants the provider, free of charge, the simple, transferrable right, unrestricted in terms of time, space or content, to publicise, reproduce, circulate and edit in compliance with moral rights, any texts, images or video files it uses to create its profile or banners, or which it allows the provider to use for commercial purposes after contract conclusion. The provider is unconditionally permitted to transfer usage rights to partners to increase coverage. Once the contract has ended, the respective customer profile data will remain stored in the provider’s back-end.
4.7. The customer ensures and guarantees that it is entitled to use the texts, images, video files and other aforementioned material it sends to the provider for the purposes of design and/or other usage, or which it allows the provider to use, and that this does not breach any third-party rights.
4.8. Insofar as texts or other content are created by the provider’s staff for the customer, all copyright and usage rights remain with the provider. These may only be used outside the customer’s profile with the provider’s express written consent.
5. Monetisation/Payment/Invoicing
5.1. Monetisation occurs through Stripe (https://stripe.com/de). As such, the provider receives access to the Stripe back-end, where customer activities/user activities are monetised.
5.2. Invoices are only issued for total amounts of 0.5 Euros and over. In this case, the customer receives the corresponding invoice at the end of the month. The invoices are sent by email to the email address provided by the customer. The email also includes the relevant link to the “Stripe” website, where the invoice must be settled within 10 days of it being received.
5.3. If the contract ends before the amount required as per point 5.2. has been achieved, the invoice is drawn up for the costs generated up to the end of the contract. The invoice must be settled within 10 days of it being received by email.
6. Contract term/Termination
6.1. The contract runs for an indefinite time, and may be terminated by either party without notice, and without stating reasons.
6.2. From the time the contract ends, the customer is no longer entitled to use the provider’s logo. It must remove the logo from the website, and is not authorised to retain copies.
6.3. From the time the contract ends, the customer is no longer entitled to access the personal customer area of the web application. Its access is blocked, and the corresponding password invalidated. The provider’s free areas may still continue to be used.
7. Liability disclaimer
Neither party can be held liable for slightly negligent breaches of obligation, unless these relate to damages resulting from death, physical injury or harm to health, guarantees, or claims based on the Product Liability Act. Furthermore, this does not affect liability for breaches of duties whose fulfilment is essential to correct contract execution, and which one party can rely on being upheld. The same applies to breaches of obligation by assistants. In the event of liability as per the above provisions, the liability amount is, where legally permitted, limited to the contractual remuneration amount.
8. Duty of confidentiality/non-disclosure
8.1. The contractual content is governed by a duty of non-disclosure, even after it has ended. Forwarding to third parties, even in part, principally requires the provider’s consent.
This does not apply to information proven to be/have been received legitimately by a party from third parties, or have been generally known at the time of contract conclusion, or have been generally known subsequently, or have been available at one party’s end before commencement of the business relationships, and not be governed by any duties of non-disclosure, or have been independently developed by a party.
8.2. Furthermore, insofar as the party receiving the confidential information is entitled to forward said information, and insofar as they are legally or officially obliged to do this; furthermore to persons bound by professional secrecy, such as auditors and lawyers.
8.3. The obligation continues to apply even after the contract has ended.
8.4. The customer is responsible for maintaining confidentiality of its access details (particularly its password) to the personal customer area of the web application, and to separate password-protected areas. These may not be forwarded to third parties. The customer must immediately inform the provider if there is evidence to suggest its access details are being or have been used by third parties.
9. Offsetting, retention, assignment
9.1 The customer may only offset if the counterclaim is undisputed, legally established, or acknowledged by the provider. Customer withholding rights and rights to refuse service are excluded, unless the provider does not dispute the underlying counterclaims, or these have been legally established.
9.2 The customer cannot assign claims from the contract concluded with the customer.
10. Final provisions
10.1. Sub-agreements, changes and amendments must be made in writing in order to be deemed valid. This also applies to waivers of the written form requirement.
10.2. All legal relationships between the parties are governed by federal German law.
10.3. The place of jurisdiction is Nuremberg.
10.4. In the event one of the aforementioned provisions becomes invalid, this shall not affect the validity of the remaining provisions. The invalid clause shall then be amicably replaced by another which comes as close as possible to the economic intentions of the original, invalid clause.
1. Collecting and processing personal data
When customer and user profiles are created, the data is stored on MGN’s server, and continues to remain the back-end even after the profiles have been deleted.
Email addresses entered are only used for correspondence with the customer. MGN no longer uses the email address once the contract has ended.
MGN (does not) store(s) location data and device IDs. (Is anything still stored??)
In the publicly accessible area of the user application, data is only stored for a period of 3 months for statistical and troubleshooting purposes.
2. Data security and encryption
Data is transferred in encrypted format via SSL
The security measures taken by MGN to secure data at both a technical and organisational level are constantly being updated.
If an external link is retrieved from the web application or user application, the external provider is responsible for ensuring the security of the data transmitted as a result.
3. Contact
Medien Gruppe Nürnberg GmbH, represented by managing director Mr Christian Weninger, Klingenhofstr. 52 in 90411 Nuremberg.
August 2016