Disclaimer of liability (Disclaimer)

Liability for content

As a service provider, we are responsible for our own content on these pages according to the general laws according to 7 Abs.1 TMG. According to 8 to 10 TMG, however, as a service provider, we are not obligated to supervise transmitted or stored third-party information or to investigate circumstances which indicate an illegal activity.

Obligations to remove or block the use of information according to general laws remain unaffected. Liability in this regard, however, is only possible from the time of knowledge of a concrete infringement. We will immediately remove these contents if we become aware of any such legal violations.

Liability for links

Our offer contains links to external websites of third parties on whose content we have no influence. Therefore, we can not assume any liability for these third-party content. The respective provider or operator of the pages is always responsible for the contents of the linked pages. The linked pages were checked for possible legal violations at the time of linking. Illegal contents were not recognizable at the time of linking.

However, a permanent control of the content of the linked pages is not reasonable without concrete indications of an infringement. If we become aware of any legal infringements, we will immediately remove such links.

Copyright

The content and works created by the site operators on these pages are subject to German copyright law. The copying, processing, distribution and any kind of exploitation beyond the limits of copyright require the written consent of the respective author or creator. Downloads and copies of this page are only permitted for private, non-commercial use.

Insofar as the contents on this site were not created by the operator, the copyrights of third parties are respected. In particular contents of third parties are marked as such. If you are nevertheless aware of a copyright infringement, we ask for a corresponding note. If we become aware of legal violations, we will immediately remove such content.

Terms of Service

Preliminary remarks

The YourBroadcast GmbH, located in Winterhuder Weg 31, 22085 Hamburg is the owner of the rights to use the platform YourBroadcast. YourBroadcast distributes digital content to end customers via messenger platforms such as WhatsApp.

YourBroadcast is self-contained and not affiliated with WhatsApp (WhatsApp Inc., 650 Castro Street, Mountain View, California, 94041, USA) or operators of the other messenger platforms. There are also no contractual relationships between YourBroadcast and other messenger services (eg Viber or Hoccer).

However, YourBroadcast uses all messenger services to provide its services. As a result, new features of Messenger services can also affect YourBroadcast's current services. However, YourBroadcast does not affect Messenger services. In this respect, it may well be that YourBroadcast can only offer its current services very limited in the short term or in a modified form or not at all. In both cases, the customer or YourBroadcast itself has an extraordinary right of termination.

1. Validity of the GTC

1.1 Our General Terms and Conditions ("GTC") apply to the agreement between YourBroadcast and its customers.

1.2 YourBroadcast's acceptance of the terms of the customer is excluded.

2. About the functionality of YourBroadcast

2.1 YourBroadcast gives customers the option to send their digital messages for use on mobile devices.

2.2 YourBroadcast is allowed to communicate the content provided by the customer as single messages in digital form to end customers.

2.3 YourBroadcast makes the customer available for use and, if desired, accepts the messages.

2.4 The YourBroadcast servers are located in the Federal Republic of Germany. It is necessary for the use of the messenger service that the customer has a separate access to the Internet and accesses the platform at the transfer point of the service via this access.

2.5 If WhatsApp blocks individual Sim cards from its YourBroadcast service, YourBroadcast will notify the customer thereof and provide its services via new Sim cards. The recipients of the messages that were assigned to the blocked SIM card must then log on to the service again. The corresponding application is in the customer's area of ​​responsibility and not by YourBroadcast. The same applies to other messenger platforms.

2.6 The other functionalities and system requirements of the platform result from the service description valid at the time of order placement or the current state of the self-service interface.

3. Rights of use

3.1 YourBroadcast grants the customer the exclusive, temporal, non-exclusive and non-transferable right to use the YourBroadcast platform solely to fulfill the purpose of the respective contract. The right of use expires at the end of the contract term.

4. Service benefits

4.1 YourBroadcast offers to the customer contractual service services, the scope of which results from the assignment of the order.

4.2 Commissioned services, in particular consulting and technical services, will be billed to YourBroadcast's customer at cost. Before any costs are incurred, the customer is informed and asked for permission.

5. Remuneration

5.1 The remuneration for the services claimed by the customer is based on the respective price lists and the respective order forms.

5.2 A current remuneration for the respective benefit period is payable in advance. Usage-dependent remuneration is billed on a monthly basis. Invoices are due with invoice and payable within 14 days.

5.3 All agreed remunerations are net prices and are subject to value added tax in the currently Of the contract.

5.4 We reserve the right to assert the right of retention and performance.

5.5 In case of default of the customer, YourBroadcast shall be entitled to default interest at statutory rate.

6. Co-operation obligations

6.1 YourBroadcast grants YourBroadcast a non-temporally and geographically limited right to reproduce, process, transmit and, if necessary, use the messages to the extent that this is necessary to fulfill the contractual obligations of YourBroadcast.

6.2. The customer assures that he is the owner of all necessary rights to the contents to grant YourBroadcast the aforementioned rights, that the customer can dispose of them freely and that the media contents are not burdened with third party rights.

6.3 The customer assures, within the framework of the use of YourBroadcast, no illegal contents, or violating laws or official conditions violating content, in particular violence-promoting, constitutional and pornographic contents within 4 Abs.1 No. 10 JMStV and other unauthorized offers within the JMStV on the servers of YourBroadcast and / or by YourBroadcast.

6.4 The Customer shall indemnify YourBroadcast from any liability whatsoever against third parties, including reasonable costs of legal defense, in case of breach of the foregoing warranties.

7. Warranty

7.1 In general, 536 ff BGB (German Civil Code) apply to defects of the platform. Liability-independent liability is excluded for initial defects. The fault-dependent liability of YourBroadcast remains. When determining whether YourBroadcast is at fault, the customer is acknowledged that software can not be created completely free of errors.

7.2 YourBroadcast shall be used to remedy defects by either free repair or replacement delivery.

7.3 A termination of the customer acc. 543, para. 2, p. 1, no. 1, German Civil Code (BGB) for non-compliance of the contractual use is only permissible if YourBroadcast has been given sufficient opportunity to correct the defect and this has failed.

7.4 YourBroadcast assumes no guarantee for the Internet access of the customer and / or the end user, in particular for the availability and dimensioning of the Internet access. The customer is responsible for his Internet access to the transfer point of the service.

8. Warranty and liability of YourBroadcast

8.1.The risk of legal admissibility of the measures developed and implemented by the Agency is borne by the customer. This applies in particular to cases where the actions and measures are contrary to the provisions of competition law, copyright law and the special law on the promotion of commercial property. However, the Agency is obliged to refer to legal risks, provided that they become aware of their activities. The Customer indemnifies the Agency from claims of third parties if the Agency has acted at the explicit request of the customer, although it has informed the customer about the admissibility of the measures. The Agency shall immediately notify the Customer of any such concerns by the Agency in writing. If, for an action to be taken, the Agency considers it necessary to carry out a competition examination by a particularly knowledgeable person or institution, the costs shall be borne by the customer, in agreement with the Agency.

8.2. YourBroadcast is in no way liable for the products and services of the customer due to the material statements contained in the advertising measures. YourBroadcast is also not liable for the patent, copyright and trademark protection or registration of the ideas, suggestions, concepts, images and drafts supplied as part of the order.

8.3. YourBroadcast is only liable for damages that they or their vicarious agents have intentionally or grossly negligently. YourBroadcast's liability will be limited to YourBroadcast's one-time income, which is based on the order. The liability of YourBroadcast for breach of the breach of the legal grounds of the breach of the contract is excluded if and to the extent that the liability of YourBroadcast does not result from an infringement of the obligations essential for the fulfillment of the contract purpose.

9. Privacy

9.1 YourBroadcast hereby informs its customers that the data protection and the security of data transmissions in the network can not be guaranteed at the current level. YourBroadcast has taken all organizational measures to safeguard personal data stored by YourBroadcast against misuse and unauthorized access. However, third parties may, in particular, be technically in a position to monitor the communication traffic unauthorized, particularly in the case of data transmission via the Internet outside the access area of ​​YourBroadcast.

9.2 The customer is responsible for ensuring that YourBroadcast complies with the data protection regulations against the end customer.

10. Term of the contract

10.1 The customer is permitted to use YourBroadcast for the duration of the agreed contract term. The contract period begins with the date of the order.

10.2 Unless otherwise agreed, the minimum contract term is 12 months. After the expiry of the minimum contract term, the contract of use is always extended by one additional month if it is not terminated by one of the parties at the latest before the end of the respective month.

10.3 YourBroadcast has in particular a right to terminate without notice for good cause.

10.4 Cancellation must always be in writing (post or e-mail).

10.5 After expiration of the contract period, the customer is no longer able to access the platform and the media content - subject to a contract extension or the conclusion of a new contract of use - and the media contents are deleted from the platform by YourBroadcast. The messages stored by the customer on the platform are permanently deleted by YourBroadcast no later than two months after the end of the contract period.

11. Secrecy

11.1 The parties are obliged not to disclose confidential information to third parties until two years after the end of the contract period.

11.2 The duty of secrecy shall not apply to information which has become known or unknown to a party of the other party or which has been publicly known, or which is legally, judicially or officially made accessible to third parties without a breach of secrecy.

12. Changes to the GTC

12.1 YourBroadcast GmbH reserves the right to change the offered services to the extent that the respective change is necessary to reflect changes that were not foreseeable when the customer placed the order.

12.2 The performance changes will at no time affect the fulfillment of the essential contractual obligations by YourBroadcast.

12.3 Insofar as a customer does not object to the necessary changes to the GTC and their validity within four weeks after receipt of the publication by YourBroadcast, the amendments shall be deemed accepted in the future. If a customer rejects the changes, YourBroadcast is entitled to terminate the contractual relationship.

13. Further

13.1 The agreements concluded between the parties are subject to the substantive law of the Federal Republic of Germany under exclusion of the UN purchase law and international private law.

13.2 Exclusive court of jurisdiction is Hamburg, Germany.

13.3 Should one or more provisions of these General Terms and Conditions be or become invalid, the validity of the other regulations shall not be affected thereby.

13.4 Changes between the parties to concluded agreements and deviations and / or changes to the conditions of use shall be in writing.

13.5 The customer shall not transfer the rights and obligations arising from the contract of use to third parties without the prior written consent of YourBroadcast.