General Terms and Conditions
of sharemagazines GmbH
Scope of Application
The following General Terms and Conditions (hereinafter referred to as “GTC”) shall apply to the use of the sharemagazines platform provided by sharemagazines GmbH (hereinafter referred to as “sharemagazines”), Moorfuhrtweg 17, 22301 Hamburg (Amtsgericht Hamburg, HRB 141978) as well as to all contracts and business relationships between sharemagazines and the users (hereinafter referred to individually or collectively as “users”). Deviating terms and conditions shall not be accepted unless sharemagazines expressly agrees to their validity in writing.
Please note that in addition to these Terms of Use, the terms and conditions of the respective App Store or comparable platform shall also apply and you must therefore comply with them in full if you obtain the services via this platform.
1 General
1.1 By using the sharemagazines Platform, you agree to these Terms of Use and to the processing of your personal data in accordance with our Privacy Policy (the “Agreement”). You must agree to the Agreement in order to use the Service. This Agreement applies to access to the sharemagazines Platform.
2 Services
2.1 sharemagazines offers a service that can be accessed via the Internet (hereinafter: “sharemagazines Platform”). Via the sharemagazines Platform, content such as newspapers, magazines, eBooks and audio books (hereinafter: Portfolio) can be accessed via a “sharemagazines streaming mechanism”.
2.2 The Portfolio can only be streamed within the locations where the sharemagazines platform is available. The locations are generally business customer locations and are operated by sharemagazines contractual partners. These can be found via the “Locationfinder” function.
2.3 sharemagazines reserves the right to make additional and/or different content available in the portfolio in the future or to reduce the portfolio. In this case, the GTC shall also apply to this portfolio content. Furthermore, there is no claim that all sharemagazines content is available in the locations or when using the sharemagazines platform for a certain period of time. In selected locations, for example, only daily newspapers and magazines may be available, but not e-books and audio books. This may vary depending on the location.
2.4 The sharemagazines platform is offered by sharemagazines via application services such as mobile apps, browsers and, if applicable, also via hardware from cooperation partners. Insofar as no explicit distinction is made in the following between the forms of offer, such as app, browser or other forms of presentation, also from third party providers, the offers of sharemagazines are meant with the generic terms “sharemagazines” or “sharemagazines platform”. Should sharemagazines provide further application services, these GTC shall also apply to further services on which the sharemagazines Platform is accessed.
2.5 The sharemagazines contractual partners have the option to upload their own content to the sharemagazines platform. This may include images, text documents, videos and other content (hereinafter: location content). The sharemagazines contractual partner shall be liable for the Location Content, insofar as it exists. The Location Content can only be displayed in the respective location or via the location finder. Some of the Location Content may also be downloaded by the user. sharemagazines shall not be liable in the event of complications, failure of the user’s terminal equipment or other damage to the hardware. In addition, the location has the option of charging a fee for the use of the sharemagazines platform, if possible and in consultation with sharemagazines. This is reserved for the respective location; sharemagazines shall not be responsible for invoicing.
3 Technical Requirements
3.1 In order to use the sharemagazines platform, users must meet certain minimum technical requirements. In order to use the sharemagazines platform, which does not take place via third-party hardware, an Internet-capable end device with an existing Internet connection must be available. In order to use the app, the user must have a version of iOS or Android compatible with the respective version of the sharemagazines platform.
3.2 The sharemagazines platform is dependent on the advance services of third parties, in particular the availability of the internet via W-Lan, mobile network, hardware and in some cases the availability of GPS positioning. sharemagazines assumes no liability for this.
3.3 If the user activates the sharemagazines platform via a code or token for a specified period of time, the sharemagazines platform may be restricted if the maximum number of devices has been reached, the user has cleared the browser cache or the validity of the code or token has expired.
4 Registration for the sharemagazines Service, User Agreement
4.1 In order to be able to use the sharemagazines platform, the user may voluntarily register for unrestricted use via his own terminal device. The registration is free of charge. The user is aware that, depending on the mobile phone provider, costs may be incurred for the use of the mobile Internet. Registration without registration is possible, but the sharemagazines platform will be restricted. The following functions are restricted under this condition: Search, Bookmarks and Favourites.
4.2 sharemagazines makes the sharemagazines Platform available exclusively to users over the age of 12. If this age is not reached, sharemagazines shall only make the sharemagazines platform available with the declaration of consent of the respective person(s) with parental authority.
4.3 The user is obligated to truthfully provide the data required for voluntary registration. In particular, the user may not provide any data of third parties and is also obligated to immediately notify sharemagazines of any changes to the data.
4.4 The submission of the completed registration form constitutes the User’s acceptance of the agreement on the unrestricted use of the sharemagazines Platform. The agreement shall thus be deemed accepted. The user will also receive a confirmation e-mail with a request to accept a link in order to receive the sharemagazines newsletter. This confirmation is voluntary and does not affect the use of the sharemagazines Platform.
4.5 sharemagazines is entitled to refuse individual registrations without giving reasons.
5 Access Data
5.1 The user is obligated to keep his user name and password secret. The disclosure of the data to and its use by third parties is not permitted. Should third parties use the sharemagazines platform due to the fault of the user, the user shall be liable for any damages incurred by sharemagazines. sharemagazines shall not be liable for damages incurred by the user due to misuse or loss of the login and access code. As soon as the user becomes aware of the misuse of his login or the loss of his access data, he is obligated to immediately notify sharemagazines.
5.2 sharemagazines shall be entitled to terminate the user’s access to the sharemagazines platform in the event of violations of the GTC, in particular due to
– false information provided during registration and/or
– unauthorised disclosure of access data, in particular the password, and/or
– to temporarily or permanently block the user’s access and/or to permanently withdraw the user’s access with immediate effect or with a period of notice at the discretion of sharemagazines and/or to terminate the user agreement extraordinarily and without notice. After such an event, the user shall not be permitted to register for use again without the prior express consent of sharemagazines.
6 Use of Data Accruing from the Registration and Use of the sharemagazines Service
sharemagazines undertakes to treat the user’s personal data confidentially in accordance with the applicable data protection regulations and to collect, process, store and use it during the contractual relationship without further express consent only for the purpose of processing the contract. Details can be found in sharemagazines privacy policy.
7 Cancellation policy
Right of withdrawal
You have the right to revoke this contract within fourteen days without giving any reason. The revocation period is fourteen days from the day of the conclusion of the contract.
In order to exercise your right of cancellation, you must inform us, sharemagazines GmbH, Moorfuhrtweg 17, 22301 Hamburg, Tel. +49 441 361 16740 , E-Mail: info[@]sharemagazines.de, by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) of your decision to cancel this contract. You can use the enclosed model cancellation form for this purpose, which is, however, not mandatory. You can also fill in and submit the model withdrawal form or another clear declaration electronically on our website. If you make use of this option, we will send you confirmation of receipt of such revocation without delay (e.g. by e-mail).
In order to comply with the withdrawal period, it is sufficient for you to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Sample revocation form
To: sharemagazines GmbH
Moorfuhrtweg 17
22301 Hamburg
Phone +49 (0) 40 468 976 787
E-mail: info[@]sharemagazines.de
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*) / the provision of the following service (*)
Ordered on (*)/ received on (*)
Name of the consumer(s)
Address of the consumer(s)
Signature of consumer(s) (only in case of paper communication)
Date
(*) Delete where inapplicable.
8 Availability of the sharemagazines Service, Warranty
8.1 sharemagazines endeavours to make the sharemagazines Service available 24 hours a day, seven days a week. However, there is no claim to the availability of the sharemagazines platform at all times.
8.2 sharemagazines does not guarantee
– for the availability of all contents of the portfolio – in whole or in part – or other contents and offers at any time;
– that the contents of the portfolio, e.g. as they are available at the time of the agreement on the use of the sharemagazines Platform in one location, will also remain available in the respective location or in another location;
8.3 sharemagazines reserves the right to change the content offered via the sharemagazines Platform at any time and to remove individual titles of the portfolio – in whole or in part – from the Platform without prior notice.
8.4 sharemagazines in particular does not assume any guarantee for the availability of
– in the event of unavailability of the sharemagazines platform due to disruptions which are based on errors in the data transmission network or lie in the sphere of responsibility of third parties;
– in the event of force majeure, natural disasters, strikes, war or civil unrest;
– in the event of unavailability due to the fact that the technical prerequisites required by the user are not or not sufficiently fulfilled;
– in the event of unavailability due to maintenance work on the sharemagazines platform.
8.5 sharemagazines does not warrant that the user’s hardware and software are suitable for the contractually permissible use of the contents of the portfolio, regardless of whether or not they meet the recommended system requirements.
8.6 Insofar as not otherwise described, the warranty of sharemagazines shall be governed by the statutory provisions.
9 Terms of Use
9.1 The user is prohibited from editing, redesigning, reproducing, publishing, distributing, selling or otherwise exploiting the sharemagazines platform, the information or software associated with the sharemagazines platform, or the content that can be obtained via the sharemagazines platform or is contained therein. Furthermore, the user is prohibited from renting, leasing or otherwise transferring the sharemagazines platform and/or the contents contained therein to third parties. The sharemagazines platform and/or the contents of the portfolio are protected by copyright and may constitute access-controlled services. The user is prohibited from using circumvention devices to circumvent the access control services provided for the sharemagazines Platform and/or the Portfolio Content contained therein or to take any other action to use the sharemagazines Platform and/or the Portfolio Content contained therein without permission. The user shall observe all applicable contractual regulations with third parties (e.g. those of the user’s contract for mobile data services, app store operators, etc.) when using the sharemagazines platform and the contained contents of the portfolio.
9.2 The sharemagazines platform is subject to copyright protection. The user is therefore prohibited from editing, modifying, adapting, translating, creating derivative works from, decompiling, reverse engineering, disassembling or otherwise attempting to obtain the source code of the app / website / sharemagazines platform, unless this is expressly permitted by law. Likewise, the user is prohibited from removing, altering or defacing the copyright notice and the notices regarding trademarks or rights subject to special protection of sharemagazines, companies affiliated with sharemagazines or third parties or publishers, which are associated with or contained in the sharemagazines platform and/or the contents of the portfolio or which can be accessed in connection with or through the sharemagazines platform and/or the contents.
10 Rights of Use of the Content made available via the sharemagazines Service.
10.1 The sharemagazines portfolio offered can be accessed by the User at the Locations. The respective location may provide the user with an access code (this may also be provided for a fee charged by the location) in order to use the sharemagazines portfolio available in the location. The duration and expiry of access shall be determined by sharemagazines in consultation with the Location Operator, if applicable. For selected contents of the portfolio, special access restrictions may apply, e.g. reading access only for a certain period of time or a certain location.
10.2 By using sharemagazines, the user accepts these restrictions. Attempted access outside of the respective location is not permitted. An exception to this is a time-limited access to the sharemagazines portfolio through a corresponding “code” issued by sharemagazines itself or a verified partner. In this case, the use is only permitted for the duration of the validity of the code, if this is not also linked to the use in the location despite the time-limited use.
10.3 sharemagazines reserves the right to take appropriate measures, e.g. deletion of the user account, in the event of a breach of access restrictions.
10.4 The access restrictions shall be displayed separately to the user within the location or on a corresponding booking platform, if necessary.
10.5 The use of sharemagazines content is permitted exclusively for the user’s own non-commercial purposes. The user is prohibited from any other or further use and exploitation. Neither sharemagazines nor the publishing companies or publishers of the sharemagazines content grant the user any further rights of use. Therefore, in particular, it is not permitted to make additional copies of sharemagazines content, to edit or redesign sharemagazines content and to publish or exploit the result, to pass sharemagazines content on to third parties or to distribute it in any other way, to make sharemagazines content publicly accessible or to send it to third parties. This also applies to the use of sharemagazines content in intranets or extranets.
10.6 The points mentioned under clause 10 shall apply subject to the legal limitations of copyright. In addition, the points mentioned in Section 10 shall apply not only to the sharemagazines content as a whole, but also, subject to the legal limitations of copyright, to all individual articles, chapters, photos, videos and other individual components of the sharemagazines content as well as parts thereof, unless the respective part does not enjoy copyright protection on its own.
10.7 sharemagazines reserves the right to block access to sharemagazines content if the user has acted contrary to sections 10.5 and/or 10.6 or has enabled third parties to use or exploit sharemagazines content or parts thereof without authorisation
11 Cooperation Partners
11.1 For the technical integration of the sharemagazines platform into hardware and/or software solutions, the minimum requirements of the current version of the “sharemagazines-third-party-instruction” as well as the following points shall always apply, in addition to specific points depending on the respective solution and to be individually agreed upon with sharemagazines:
– The sharemagazines content must always be streamed live from sharemagazines.
– A caching of the sharemagazines content on own servers is prohibited.
– The sharemagazines content must be displayed unchanged.
– The sharemagazines content may not be available offline and/or outside of a location enabled by sharemagazines at any time.
– sharemagazines receives permanent access to the live operation for each hard- or software solution.
– The way sharemagazines is integrated, offered or named by the cooperation partner in the respective solution requires the approval of sharemagazines.
o The integrated solution must be clearly recognizable as “sharemagazines”.
12 Liability
12.1 sharemagazines shall only be liable for damages – regardless of the legal reason – if the damage has been caused
1. a) has been caused by culpable violation of an essential contractual obligation (an obligation, without the fulfillment of which the achievement of the purpose of the contract is endangered)
or
1. b) is due to gross negligence or intent on the part of sharemagazines.
12.2 In the event that sharemagazines is liable for the violation of an essential contractual obligation without gross negligence or intent, the liability shall be limited to the damages that sharemagazines typically had to expect based on the circumstances known to sharemagazines at that time. This also applies to damages caused by gross negligence or intent on the part of sharemagazines’ employees who do not belong to its management or executive staff. Liability for consequential damages, in particular for lost profits or compensation for damages of third parties, is excluded, unless sharemagazines is guilty of intent or gross negligence.
12.3 sharemagazines shall provide its services within the framework of the existing technical and operational possibilities. Liability for service disruptions due to force majeure or other external events that make it temporarily or permanently impossible or unreasonably difficult for sharemagazines to provide its services is excluded, unless sharemagazines acts with gross negligence or intent. Events in the aforementioned sense include, but are not limited to, technical failures of telecommunication systems, power supply failures and natural disasters.
12.4 To the same extent that sharemagazines’ liability is limited or excluded in these GTC, the exclusion of liability shall apply to sharemagazines’ employees, representatives and authorized agents.
12.5 Claims for damages according to the Product Liability Act and damages resulting from injury to life, body or health shall remain unaffected by the above limitations of liability.
13 Termination of the usage relationship
13.1 The parties may terminate the User Agreement at any time.
13.2 The User may terminate the User Agreement via the sharemagazines Service by sending an e-mail to “info[@]sharemagazines.de” or in writing by letter.
13.3 Both parties reserve the right to terminate the agreement for cause.
13.4 Upon the effective date of the termination of the User Agreement for the sharemagazines Platform, the right to use the sharemagazines Platform and/or the sharemagazines Content, including the sharemagazines Portfolio and the Location Content, shall expire. In this case, the user’s access to the sharemagazines Platform shall be blocked.
14 Changes to the GTC
14.1 sharemagazines reserves the right to change these GTC at any time and without giving reasons. In the event of new GTC, the User shall receive information on the sharemagazines Platform that he/she must agree to the new GTC for the first time or again. If the user does not agree, he/she may not or no longer use the sharemagazines platform. Pursuant to Section 13, the User shall have the right to terminate the usage agreements that were agreed to for the first time or again at any time.
14.2 The option to amend the GTC pursuant to Section 14.1 shall not apply to changes that restrict the content and scope of the core usage options of the sharemagazines Platform existing for the respective User to the detriment of the User, or to the introduction of new obligations for the User not previously included in the GTC.
15 Choice of Law
15.1 The legal relationships between the user and sharemagazines based on these GTC as well as these GTC themselves 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 shall be excluded.
15.2 The place of jurisdiction – to the extent permissibly agreed – shall be Hamburg.
16 Severability clause
Should any provisions of this agreement be or become legally invalid or unenforceable, this shall not affect the validity of the remaining provisions of this agreement. The same shall apply as soon as it becomes apparent that this agreement contains a loophole. In place of the invalid or unenforceable provision or in order to fill the gap, the parties undertake to agree on an appropriate replacement provision which, as far as legally possible, comes as close as possible to what the parties intended or would have agreed if they had considered the invalidity or the gap.
Status: July 2023