Terms of use for sammeldeinteam.de

Status: 30/08/2023

1 Scope of application

1.1 These "Terms of Use" of Axel Springer Deutschland GmbH, Axel Springer-Str. 65, 10888 Berlin ("AS") apply to the sammeldeinteam.de application, which is available online at sammeldeinteam.de (hereinafter the "App"), and to all services in connection with the App (the App and the services in connection with the App are hereinafter collectively referred to as the "Services")

1.2 In the event that the App is made available via an app store, these Terms of Use shall apply in addition to the Terms of Use provided by Apple (as operator of the iTunes / Apple App Store), Google (as operator of the Google Play Store) or other providers (hereinafter jointly referred to as the "App Store Operators"). In the event of a conflict, these Terms of Use shall take precedence over the Terms of Use of the App Store Operators in relation to the relationship between AS and the user of the Services ("User"). However, the App Store Operators are authorised to assert the rights arising from these Terms of Use against the Users directly against the Users.

1.3 Any terms and conditions of the User that deviate from or supplement these Terms of Use shall not apply.

2 Use of the services

2.1 A prerequisite for using the services is that the user has a terminal device that corresponds to the current state of the art. In addition, the use of the services requires the user to have an internet connection that provides a sufficient data transfer rate and sufficient storage space on the user's end device, e.g. for downloading and watching videos.

2.2 Provided this is not unreasonable for the user, AS reserves the right to adapt the services to market conditions and to continuously improve, expand, change and delete the services in whole or in part.

2.3 The user must keep the end device used to access the services up to date.

3. Registration

Most of the app's functions require prior registration by the user, which is carried out via the me.fan platform of Liquiditeam GmbH, Willy-Brandt-Platz 16-20, 38102 Braunschweig, Germany. Registration is free of charge. The user undertakes to provide only correct and current data when registering. After completing the registration, liquiditeam will set up an account for the user, which the user can access with his/her access data.

4 Scope of the services

4.1 The app offers its users various activities related to sammeldeinteam.de. These activities include collecting digital collectible stickers ("stickers") and loyalty points ("points"), participating in discussion forums and shopping in the shop.

4.2 The user can purchase stickers on the website or receive them free of charge in offers from AS or advertising partner companies. The user may use his/her stickers within the app for certain activities, for example completing collections, displaying them in his/her user profile or posting his/her stickers in user-generated content. Such a sticker is subject to the terms and conditions of purchase ("Sticker Purchase Terms") available at sammeldeinteam.de. These also describe how the stickers can be used.

4.3 The user can receive points for various activities, for example for purchasing stickers, successfully inviting friends to register on sammeldeinteam.de or opening the page. AS has the right to modify at any time the activities for which the user receives points and the number of points the user receives. Points can be used by users to obtain services offered on the website. This includes in particular the activation of packages containing stickers. These can be both individual packages that would otherwise be subject to a charge and separate packages that can only be activated with points.

5 Provision of the app; warranty; liability; maintenance and service

5.1 The services are provided free of charge, unless it is expressly described in the app that a service is only provided in individual cases against payment of a fee, which can be made either in euros or in another national currency.

5.2 The User's right to use the Services is limited to the term of this Agreement, revocable, non-exclusive, non-sublicensable and non-transferable.

5.3 In the event of defects in the Services, AS is authorised to provide an updated version of the app in the respective app store and the user is obliged to install this updated version on their end device. In the event of minor defects, AS's warranty shall be excluded.

5.4 In the event of damage caused by slight negligence, each party shall only be liable in the event of a breach of a contractual obligation, the fulfilment of which characterises the contract and on which the contractual partner may rely, and limited to the foreseeable damage typical of the contract. This does not apply to damages resulting from injury to life, limb or health or in cases of mandatory liability, in particular on the basis of the Product Liability Act or the EU General Data Protection Regulation. In addition, strict liability is excluded for defects that already exist at the time the contract is concluded. Liability for indirect damages, including loss of profit, is excluded.

5.5 Irrespective of Section 5.4, the following applies to services that [-] provides free of charge:

5.5.1 AS gives no warranty whatsoever.

5.5.2 The liability of AS is limited to intent and gross negligence. Strict liability for defects that already existed at the time the contract was concluded is excluded.

5.5.3 In the event that the app is expressly provided for testing and evaluation purposes only, the user recognises that the app may not function as expected.

5.6 The User acknowledges that all enhancements made available by AS are the sole property of AS, even if they are based on feature requests or bug reports from Users.

5.7 The User acknowledges that he/she is solely responsible for his/her use of the Services, for example User Generated Content (as defined below).

5.8 AS will enable the use of the App within the scope of the current state of the art and will endeavour to ensure the greatest possible availability. AS reserves the right to temporarily restrict access to the App or the ability to use it in whole or in part if this is necessary due to capacity limits or the security or integrity of the servers or in order to carry out technical measures that serve the proper provision of the services or improvement (e.g. for maintenance work). If possible, AS shall carry out maintenance work in the App during the time after 8.00 pm and before 8.00 am.

5.9 AS is not obliged to provide updates or upgrades for the App or to adapt the App in any other way to possible changes in hardware and/or software (in particular operating systems).

6 Obligations and liability of users

6.1 It is prohibited to misuse the services.

6.1.1 Abusive use shall be deemed to exist in particular if fake accounts are created in order to illegally obtain additional reward points as part of the "Invite friends" function of the service.

6.2 The user is obliged

6.2.1 to treat his access data to the app confidentially, not to pass on or disclose his access data to third parties (in particular other persons within his organisation or company) and to protect his access data from intentional or inadvertent disclosure by third parties. Third parties must not be allowed to use the access data.

6.2.2 to inform AS immediately if he has reason to believe that third parties have gained knowledge of his access data or if there are indications of unauthorised use of his access data in any way whatsoever, and the user shall be liable for any unauthorised use of his access data by third parties, unless the user can prove that this unauthorised use was not caused by fault on the part of the user,

6.2.3 not to grant third parties access to the Services; for the avoidance of doubt, AS shall not be liable for any damage caused by such use of the Services by third parties,

6.2.4 not to take any measures aimed at circumventing technical protection measures in the App,

6.2.5 to refrain from any form of unauthorised use of the Services, in particular attempts to overcome or circumvent the security mechanisms of the App or otherwise disable them, to use computer programs that enable the automatic reading of data, as well as to use/implement and/or distribute viruses, worms, Trojans, brute force attacks, spam or links, programs or procedures that are likely to harm AS, the App and/or other users,

6.2.6 take all necessary and reasonable steps to prevent or minimise any damage caused by the use of the Services,

6.2.7 and to regularly back up its own data outside the App.

6.3 When uploading User Generated Content (as defined below) to the App, for example in discussion forums, the User must comply with the following principles. The User Generated Content (as defined below) and the User's activities in the App must at all times comply with applicable laws in Germany and the country in which the User is located, must be respectful and polite, must respect the opinions of others, and must not

6.3.1 not be defamatory, threatening, intimidating, harassing, racist, vulgar, obscene, profane, immoral, abusive, abusive, offensive or sexist and not contain pornographic material (i.e. texts, images, films, video clips of a sexually explicit or arousing nature),

6.3.2 not contain any offensive or degrading images relating to gender, race, religion, skin colour, origin, age, physical or mental disability, medical condition or sexual orientation;

6.3.3 not contain any material that infringes the rights of third parties (in particular copyrights, publicity rights, patents, trademarks, service marks, trade names, trade secrets or other intellectual property rights);

6.3.4 advocate or encourage violence against any government, organisation, group, individual or property and shall not provide instructions, information or assistance to cause or carry out such violence, regardless of whether such activity is unlawful,

6.3.5 not include in User Generated Content any personal data of other users (e.g. a real name, an e-mail address or a telephone number), with the exception of pseudonyms,

6.3.6 not contain mass or promotional messages or marketing or promotional activities for products or services other than those of AS,

6.3.7 are not associated with gambling activities;

6.3.8 does not violate the privacy of any person,

6.3.9 not be otherwise unlawful or inappropriate.

6.4 The User shall inform AS immediately as soon as it becomes aware of any User-Generated Content or activities of the User in the App that violate Section 6.3.

6.5 Music, videos, images, text and other content on the internet are copyrighted works and the User must not a) upload, modify or otherwise use such content, for example as User Generated Content (as defined below), unless it is clear that the rights holder of such content has authorised its use by the relevant User; b) delete or modify any author attributions, copyright notices or trademark notices unless the rights holder has expressly authorised this in writing.

6.6 The User is aware that any User Generated Content (as defined below) will be published within the App.

6.7 Any violation of this clause will result in immediate exclusion from use and the initiation of civil and criminal proceedings.

7 Granting of rights

7.1 Insofar as the user provides content within the App, in particular texts, images or videos ("User Generated Content"), the user grants AS free of charge - and AS accepts this - the non-exclusive, transferable and sub-licensable right, unlimited in time, space and content, to utilise the User Generated Content for the purposes of the functionalities provided in the App, in particular to make it accessible to other users in the App and to the public, as well as to store, reproduce and edit it if necessary.

7.2 The user confirms and warrants that he/she is authorised to grant AS the aforementioned rights and that the user-generated content does not violate the rights of third parties, statutory provisions or common decency (e.g. through its content, its visual design or the intended use).

8. Exemption

In the event of an infringement of third-party rights for which the user is responsible, in particular in the case of user-generated content, the user shall be directly liable to such third parties. In the event of justified third-party claims against AS due to such an infringement, the user shall be obliged to indemnify AS in full unless the user proves that he is not responsible for the breach of duty causing the damage.

9. Amendment of the terms of use and service

AS reserves the right to amend these Terms of Use at any time and without stating reasons, unless this is unreasonable for the user. AS shall inform the user of any changes to the Terms of Use in good time in text form. If the user does not object to the validity of the new Terms of Use within four weeks of notification, the amended Terms of Use shall be deemed to have been accepted by the user. AS shall inform the user in the notification of the right of objection and the significance of the objection period. If the user objects, the authorisation to use the services shall end and AS shall be entitled to delete the data of the respective user.

10 Duration

Unless otherwise agreed, e.g. in the respective app store, the contract is concluded for an indefinite period and can be terminated by either party at any time without notice in text form or by deactivating the services.

11 Data protection

As part of the provision of services, AS processes users' personal data in accordance with the data protection information available at sammeldeinteam.de.

12. Final provisions

12.1 AS may use third parties, in particular affiliated companies, to fulfil the contract and to exercise its rights. AS has the right to transfer its rights and obligations under this contract as a whole to affiliated companies.

12.2 Amendments and additions to these Terms of Use must be made in writing to be effective, including in electronic form (Section 126a BGB) and text form (Section 126b BGB). This also applies to amendments to this written form clause. Clause 9 remains unaffected.

12.3 The Terms of Use and their interpretation are subject to German substantive law. The UN Convention on Contracts for the International Sale of Goods (CISG) shall not apply.

12.4 In the event of any conflict between the German version of these Terms of Use and any translation of these Terms of Use, the German version of the Terms of Use shall prevail.

12.5 Should one or more provisions of these Terms of Use be or become invalid or unenforceable in whole or in part, this shall not affect the validity and enforceability of the remaining provisions of these Terms of Use.

12.6 The European Commission has set up a European Online Dispute Resolution (ODR) platform at http://ec.europa.eu/consumers/odr/. AS does not participate in dispute resolution proceedings with a dispute resolution centre.

12.7 The exclusive place of jurisdiction for all disputes arising from and in connection with the use of the services and the Terms of Use, including their validity, is Berlin/Germany.