General Terms and Conditions
of sharemagazines GmbH
Scope
The following General Terms and Conditions (hereinafter referred to as “GTC”) 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 individually or collectively referred to as “users”). Deviating conditions are not recognized, unless sharemagazines expressly agrees to their validity in writing.
Please note that in addition to these terms of use, the terms of the respective app store or a comparable platform 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 the processing of your personal data in accordance with our privacy policy (hereinafter the “Agreement”). To use the service, you must agree to the agreement. 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 audiobooks (hereinafter: Portfolio) can be read, listened to or viewed via a “sharemagazines -Streaming Mechanism”. The term “Streaming Mechanism” refers to the provision of content via an existing internet connection only in the respective location and / or for a specified time. In addition, sharemagazines reserves the right to offer further content or reduce existing content. Via selected partners, sharemagazines may also make the sharemagazines platform available offline.
2.2 The portfolio can generally only be streamed within the locations where the sharemagazines platform is available. The locations are usually 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 add additional content to the portfolio or to reduce the portfolio in the future. In such cases, the GTC will also apply to the updated portfolio contents. Furthermore, there is no guarantee that all sharemagazines content will be available at all locations or at all times when using the sharemagazines platform. In selected locations, for example, only daily newspapers and magazines may be available, while e-books and audiobooks may not be offered. Availability may vary depending on the location.
2.4 The sharemagazines platform is offered by sharemagazines through application services such as mobile apps, web browsers, and, where applicable, hardware provided by cooperation partners. Unless otherwise specified below when distinguishing between different forms of access, such as app, browser, or other presentation formats from third-party providers, the generic terms “sharemagazines” or “sharemagazines platform” refer to all offers from sharemagazines. If sharemagazines provides additional application services in the future, these GTC will also apply to any such services through which the sharemagazines platform can be accessed.
2.5 sharemagazines contractual partners may upload their own content to the sharemagazines platform. This may include images, text documents, videos, or other materials (hereinafter referred to as “Location Content”). The contractual partner is responsible for any Location Content they provide. Location Content can only be displayed at the respective location or through the location finder. In some cases, users may also be able to download Location Content. sharemagazines is not liable for any complications, malfunctions of the user’s device, or other hardware damage that may occur. In addition, a location may, if feasible and in consultation with sharemagazines, charge a fee for the use of the sharemagazines platform. Such fees are determined and collected by the location; billing is not carried out by sharemagazines.
3 Technical requirements
3.1 To use the sharemagazines platform, users must meet certain minimum technical requirements. For access that does not occur through hardware provided by third-party partners, an internet-enabled device with an active internet connection is required. To use the app, the user must have a version of iOS or Android that is compatible with the current version of the sharemagazines platform.
3.2 The functionality of the sharemagazines platform depends on the services of third-party providers, particularly internet availability via Wi-Fi or mobile networks, hardware, and, in some cases, GPS location services. sharemagazines assumes no liability for the availability or performance of these third-party services.
3.3 If the user activates the sharemagazines platform using a code or token for a specified period, access may be restricted if the maximum number of devices has been reached, the browser cache has been cleared, or the validity of the code or token has expired.
4 Registration for the sharemagazines service, terms of use
4.1 To use the sharemagazines platform without restrictions, the user may voluntarily register via their own device. Registration is free of charge. The user acknowledges that costs for mobile internet usage may be incurred depending on their mobile service provider. Login without registration is also possible; however, in this case, the sharemagazines platform will be limited. The following functions are then restricted: search, bookmarks, and favorites.
4.2 The sharemagazines platform is available exclusively to users aged 12 and older. Users under the age of 12 may access the platform only with the consent of their legal guardian(s).
4.3 The user is obliged to provide truthful information when registering voluntarily. In particular, the user may not provide data from third parties and is also obliged to notify sharemagazines immediately of any changes of data.
4.4 By submitting the completed registration form, the user agrees to the terms for the unrestricted use of the sharemagazines platform. The agreement is thus considered accepted. The user will also receive a confirmation email containing an optional link to subscribe to the sharemagazines newsletter. Confirming this subscription is voluntary and does not affect the use of the sharemagazines platform.
4.5 sharemagazines is entitled to reject individual registrations without giving reasons.
5 Access data
5.1 The user is obliged to keep their username and password confidential. Sharing this information with third parties or allowing its use by third parties is not permitted. If third parties use the sharemagazines platform due to the user’s fault, the user is liable for any resulting damages incurred by sharemagazines. sharemagazines is not liable for any damages incurred by the user as a result of misuse or loss of their login credentials or access code. As soon as the user becomes aware of any misuse of their login details or the loss of their access data, they must notify sharemagazines immediately.
5.2 sharemagazines is entitled to block the user’s access to the sharemagazines platform in case of violations of the GTC, in particular because of
– false information during registration and/or
– unauthorized disclosure of access data, in particular the password and/or
– to temporarily or permanently block the use and/or to permanently withdraw the user’s access with immediate effect or with a period of time at the discretion of sharemagazines and/or to terminate the usage agreement extraordinarily and without notice. After such a case, the user may not register again for use without the prior express consent of sharemagazines.
6 Use of the data collected during registration and use of the sharemagazines platform
sharemagazines undertakes to treat users’ personal data confidentially in accordance with applicable data protection regulations and, without further express consent, to collect, process, store, and use such data during the contractual relationship solely for the purpose of fulfilling the contract. Further details are set out in the sharemagazines privacy policy.
7 Cancellation policy
Right of withdrawal
You have the right to revoke this contract within fourteen days without giving reasons. The revocation period is fourteen days from the day of the conclusion of the contract.
In order to exercise your right of revocation, you must inform us, sharemagazines GmbH, Moorfuhrtweg 17, 22301 Hamburg, Tel. +49 441 361 16740 , email: info[@]sharemagazines.de, by means of a clear statement (e.g. a letter sent by post, fax or email) of your decision to revoke this contract. You can use the attached sample revocation form, which is not mandatory, however. You can also electronically fill out and submit the sample revocation form or another clear statement on our website. If you make use of this option, we will send you a confirmation of receipt of such a revocation without delay (e.g. by email).
To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising your right of withdrawal before the withdrawal period has expired.
Sample cancellation form
To: sharemagazines GmbH
Moorfuhrtweg 17
22301 Hamburg
Tel. +49 (0) 40 468 976 787
email: 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 the consumer(s) (only in case of notification on paper)
Date
(*) Delete where inapplicable.
8 Availability of the sharemagazines service, warranty
8.1 sharemagazines strives to make the sharemagazines service available seven days a week, 24 hours a day. However, there is no claim to the availability of the sharemagazines platform at all times.
8.2 sharemagazines assumes no warranty
– for the availability of all contents of the portfolio – completely or in parts – or other contents and offers at any time;
– that the contents of the portfolio, as they are available in a location at the time of the agreement on the use of the sharemagazines platform, will also remain available in the respective or in another location;
8.3 sharemagazines reserves the right to change the contents offered via the sharemagazines platform at any time and to remove individual titles of the portfolio – completely or in parts – from the platform without prior notice.
8.4 sharemagazines assumes no warranty in particular for the availability
– in the event of unavailability of the sharemagazines platform due to faults based on errors in the data transmission network or lying in the sphere of responsibility of third parties;
– in case of force majeure, natural disasters, strike, war or riots;
– in the event of unavailability due to the technical requirements on the user’s side not being met or not being sufficiently met;
– in the event of unavailability due to maintenance work on the sharemagazines platform.
8.5 sharemagazines assumes no warranty that the user’s hardware and software are suitable for the contractually permissible uses of the contents of the portfolio, regardless of whether they meet the recommended system requirements or not.
8.6 Unless otherwise described, the warranty of sharemagazines is 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 connected to the sharemagazines platform, as well as the contents obtainable via the sharemagazines platform or contained therein. The user is also prohibited from renting, leasing or otherwise transferring or passing on the sharemagazines platform and/or the contained contents of the portfolio to third parties. The sharemagazines platform and/or the contained contents of the portfolio enjoy the protection of copyright and may represent access-controlled services. The user is prohibited from circumventing the access control services provided for the sharemagazines platform and/or the contained titles of the portfolio by using circumvention devices or from taking other measures to use the sharemagazines platform and/or the contained contents of the portfolio without authorization. When using the sharemagazines platform and the contained contents of the portfolio, the user must observe all applicable contractual regulations with third parties (e.g. those of the user’s contract for mobile data services, app store operators, etc.).
9.2 The sharemagazines platform is protected by copyright. The user is therefore prohibited from editing, modifying, adapting, translating, creating derivative works from it, decompiling it, reverse engineering it, disassembling it 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, changing or obscuring the copyright notice and the notices on trademarks or rights subject to special protection of sharemagazines, companies or publishers affiliated with sharemagazines or third parties that are connected to the sharemagazines platform and/or the contents of the portfolio or are contained therein or that can be accessed in connection with the sharemagazines platform and/or the contents or through these.
10 Rights of use of the contents made available via the sharemagazines service.
10.1 The sharemagazines portfolio can be accessed by the user at participating locations. The respective location may provide the user with an access code, which may be subject to a fee charged by the location, to access the portfolio available at that location. The duration and process of access are generally determined by sharemagazines, where necessary in coordination with the location operator. For certain content within the portfolio, special access restrictions may apply, such as read-only access for a limited period or availability only at specific locations.
10.2 By using sharemagazines, the user acknowledges these restrictions. Access attempts outside the respective location are not permitted, except in the case of time-limited access to the sharemagazines portfolio through a code issued by sharemagazines or a verified partner. In such cases, use is permitted only for the duration of the code’s validity, unless the code is also tied to use within the location despite its time limitation.
10.3 sharemagazines reserves the right to take appropriate measures in the event of a violation of access restrictions, including, for example, the deletion of the user account.
10.4 The access restrictions are displayed to the user separately within the location or on a corresponding booking platform, if necessary.
10.5 The use of the sharemagazines contents is exclusively permitted for the user’s own, non-commercial purposes. Other or further uses and exploitations are prohibited to the user. Neither sharemagazines nor the publishing companies or publishers of the sharemagazines contents grant the user any further rights of use. Therefore, it is in particular inadmissible to produce additional reproductions of the sharemagazines contents, to edit or redesign sharemagazines contents and to publish or exploit the result, to pass on or otherwise distribute the sharemagazines contents to third parties, to make the sharemagazines contents publicly accessible or to send them to third parties. This also applies to the use of the sharemagazines contents in intra- or extranets.
10.6 The provisions set out in Section 10 apply subject to the legal limitations of copyright law. They apply not only to the sharemagazines content as a whole but, subject to these legal limitations, also to all individual articles, chapters, photos, videos, and other components of the sharemagazines content, as well as parts thereof, unless a particular component is not protected by copyright or other legal rights in its own right.
10.7 sharemagazines reserves the right to block access to the sharemagazines content if the user has acted contrary to sections 10.5 and/or 10.6 or has unauthorizedly enabled third parties to use or exploit the sharemagazines content or parts thereof.
11 Cooperation partner
11.1 For the technical integration of the sharemagazines platform into hardware and / or software solutions, in addition to specific points that depend on the respective solution and must be individually agreed with sharemagazines, the minimum requirements of the current version of the “sharemagazines-third-party-instruction” and the following points always apply:
– The sharemagazines content must always be streamed live from sharemagazines.
– Caching the sharemagazines content on your own servers is prohibited.
– The sharemagazines content must be displayed unchanged.
– The sharemagazines content must not be available offline and / or outside of a location approved by sharemagazines at any time.
– sharemagazines receives permanent access to the live operation for every hardware or software solution.
– The manner in which sharemagazines is integrated into the respective solution by the cooperation partner, is offered or named, requires the approval of sharemagazines.
– The integrated solution must be clearly recognizable as “sharemagazines”.
12 Liability
12.1 sharemagazines is only liable for damages – regardless of the legal basis – if the damage
- a) has been caused by a culpable breach of an essential contractual obligation (an obligation whose fulfillment is necessary to achieve the purpose of the contract)
or
- b) is due to gross negligence or willful intent on the part of sharemagazines.
12.2 In the event of liability by sharemagazines for the violation of an essential contractual obligation, without gross negligence or willful intent, the liability is limited to the compensation for damages that sharemagazines typically had to expect based on the circumstances known to sharemagazines at that time. The same applies to damage caused by gross negligence or willful intent on the part of employees of sharemagazines who do not belong to its management or executive employees. Liability for consequential damages, in particular for lost profits or compensation for damages of third parties, is excluded, unless sharemagazines is guilty of willful intent or gross negligence.
12.3 sharemagazines provides its services within the scope of the existing technical and operational possibilities. Liability for service disruptions due to force majeure or other external events that temporarily or permanently make it impossible or unreasonably difficult for sharemagazines to provide the service is excluded, unless sharemagazines acts with gross negligence or willful intent. Events in the aforementioned sense include, among other things, technical failures of telecommunications systems, power supply failures and natural disasters.
12.4 To the same extent that the liability of sharemagazines is limited or excluded in these terms and conditions, the exclusion of liability applies to the employees, representatives and authorized agents of sharemagazines.
12.5 Claims for damages under the Product Liability Act and damages resulting from injury to life, body or health remain unaffected by the above limitations of liability.
13 Termination of the usage agreement
13.1 The parties can terminate the usage agreement at any time.
13.2 The user can terminate the usage agreement via the sharemagazines service by sending an email to “info[@]sharemagazines.de” or in writing by letter.
13.3 Both parties reserve the right to extraordinary termination for good cause.
13.4 Upon the effective date of termination of the usage agreement via the sharemagazines platform, the right to use the sharemagazines platform and / or the sharemagazines content, including the sharemagazines portfolio and the location content, expires. In this case, the user’s access to the sharemagazines platform will be blocked.
14 Changes to the terms and conditions
14.1 sharemagazines reserves the right to change these terms and conditions at any time and without giving reasons. In the event of new terms and conditions, the user will receive information in the sharemagazines platform that he must agree to the new terms and conditions for the first time or again. If the user does not agree, he cannot or can no longer use the sharemagazines platform. According to section 13, the user has the right to terminate the usage agreements agreed for the first time or again at any time.
14.2 The option to amend the terms and conditions pursuant to Section 14.1 does not apply to changes that restrict the content or scope of the core usage rights of the sharemagazines platform available to the user to the user’s detriment, or to the introduction of new obligations for the user that were not previously set out in the terms and conditions.
15 Choice of law
15.1 The legal relationships between the user and sharemagazines established on the basis of these terms and conditions, as well as these terms and conditions themselves, including their interpretation, are exclusively subject to the law of the Federal Republic of Germany. The application of German and European international private law as well as the UN Sales Convention is excluded.
15.2 The place of jurisdiction is – as far as permissible – Hamburg.
16 Severability clause
Should provisions of this agreement be or become legally ineffective or unenforceable, this shall not affect the validity of the remaining provisions of this agreement. The same applies as soon as it should turn out that this agreement contains a loophole. Instead of the ineffective or unenforceable provision or to fill the gap, the parties undertake to agree on an appropriate substitute provision which, as far as legally possible, comes economically closest to what the parties wanted or would have agreed if they had considered the ineffectiveness or the gap.
Status: July 2023
