AGB
for the distribution of p.r. content

§ 1 Validity

These Terms of Business apply to all publication and distribution services via the ots network carried out by news aktuell, even if the services are rendered without express reference to the General Terms of Business. Amendments or additional agreements require the prior written confirmation of news aktuell. Customer's terms of purchase conflicting with these Terms do not apply.

§ 2 Distribution network and service specifications

news aktuell carries out the publication and distribution of press releases and PR content on behalf of its customers via its ots distribution services. Press releases - text messages, photos, graphics, audio and video files – are published on behalf of the respective customers via different distribution and publication channels. These include: satellite and other news agency technologies, e-mail and RSS subscription services, social media platforms, content partners and Internet portal sites, databases, as well as news aktuell’s multilingual PR platform Presseportal at https://www.presseportal.de. This platform enables the content to be available via an API (application programming interface) for embedding on third parties’ news sites. In addition, news aktuell provides each customer with his own newsroom containing any of the customer’s PR content published via news aktuell along with an individual logo, a link and social media buttons. If required, and where appropriate, news aktuell will set up two or more newsrooms per customer. These individual newsrooms are also available for embedding on the customer’s website free of charge.

news aktuell continuously strives to increase its network and outreach, while also improving media coverage in the interest of its customers. As such, news aktuell reserves the right to alter its service specifications at any time, extending or improving coverage for the customers material and including additional distribution channels. Current service specifications are available at any time on https://www.newsaktuell.de or upon individual request.

§ 3 Order transmission

PR content for distribution via ots must be transmitted to news aktuell via news aktuell’s internet ordering system at https://www.newsaktuell.de. For orders submitted via the “direct distribution” feature, news aktuell will not be able check any of the content prior to publication. In the event of publications being undertaken by news aktuell staff on behalf of the customer, there will also be no review of the content in terms of the validity or legal aspects of any kind. The news aktuell staff will only assign a media section flag and topical keywords before distribution.

§ 4 Liability for content published via ots

Unless otherwise agreed, news aktuell will publish the material in the customer's original version. The customer is solely responsible for the contents, style and format of the published material. The customer must supply the material free of any third-party rights or else must obtain the necessary rights beforehand. In addition the customer must assure that the material does not infringe the valid law or statutes of the countries selected for distribution or the rights of third parties in any manner. The customer must indemnify news aktuell from any third party claims resulting from the publication, distribution and/or archiving of the provided materials and their use by the recipients and other users. The customer must compensate news aktuell for any damage, including the costs of appropriate legal defense with respect to such third-party claims against news aktuell. Regardless of the fact that news aktuell does not check or review the material, news aktuell reserves the right to refuse to publish and distribute content on behalf of a customer in individual cases.

§ 5 Assignment of rights

By placing the order, the customer transfers all rights required for publication and distribution of the material to news aktuell, including the rights for free editorial use and further distribution of the material by its recipients free of charge, as well as the right to grant sublicenses to the respective recipients. The customer must communicate individual usage restrictions (usage permission only in a particular context or period of time, embargoes with respect to publication date/time of a release etc.) in writing together with the order. Usage restrictions for photos, graphics and videos must be placed directly in the caption and/or the metadata / IPTC fields by the customer, together with the applicable copyright remarks and credits. news aktuell bears no responsibility for the recipients’ compliance with such usage right restrictions. news aktuell has no influence on whether or how the recipients publish the material or use it for media coverage and/or other purposes, and as such will bear no liability for this. news aktuell is not obliged to do anything to prevent any distribution or future publication of material by recipients upon request by the customer, other than asking its distribution partners for deletion.

§ 6 Email distribution to customers’ own e-mail lists

news aktuell is not liable for ensuring the legitimacy of e-mailing services and the respective use of data with respect to addresses submitted by the customer. Where applicable, the customer must obtain the recipients’ permission beforehand. In case of third-party claims against news aktuell resulting from such e-mailings or data storage on behalf of the customer, the customer must indemnify and reimburse news aktuell for any damages, including the costs of appropriate legal defense against such claims.

§ 7 Liability

news aktuell is not liable in the event of technical faults or disruptions in the services in cases news aktuell is not to be made responsible or in instances of force majeure. news aktuell is not liable in the event of slight negligence of its management, legal representatives, employees and agents, unless in cases of material breach of contract. Liability for gross negligence is limited to compensation for the typical foreseeable damage and is limited to a maximum of EUR 10,000.- per case. The above limitations on liability do not apply in the case of culpable damages to life or health and in cases when liability is regulated by the German Product Liability Act or other general legal provisions valid in Germany. In any case, the customer must actively collaborate to mitigate the damage.

§ 8 Login data

The customer bears sole responsibility for the confidentiality of his login data for the passwordprotected web-ordering interface. The customer is liable to news aktuell for any damage to himself and/or news aktuell arising as a result of unauthorised use of the login data by its own employees or third parties. The customer must inform news aktuell in case of any changes in personnel entitled to use the login data or in cases where the customer’s own right to publish PR content on behalf of a third party ends.

§ 9 Prices and payment

Unless otherwise agreed upon via an individual offer or contract, the respective current price list of news aktuell applies for any orders. For distributions, which the customer has expressly requested to be processed outside general office hours by news aktuell staff or which the customer has sent to news aktuell via e-mail, a surcharge of EUR 65.- per order will apply. For change or deletion requests with respect to international distribution orders (outside of Germany/Austria/Switzerland) region, a handling fee of EUR 100,- per order will apply. Invoices are to be settled immediately and without deduction. If an invoice is issued to a third party upon request by the customer, the customer will be liable to news aktuell in the event of late and/or incomplete payment by the invoice recipient.

§ 10 International distribution

news aktuell is entitled to engage agents or subcontractors for carrying out distribution to the media and public outside of Germany. news aktuell is free to choose such agents, provided the services meet or are equivalent to the specifications made in the respective offer or contract with the client. In case the services provided by a new agent or news aktuell itself vary widely from the specifications of the respective order or contract, the client may exercise a special termination right for this order or contract effective on the date of the changes coming to force. This also includes the eventuality of news aktuell increasing the price of a current contract or having placed an order due to a change of agent and service specifications.

§ 11 Applicable law, severability clause

This Agreement is to be governed by German law, with the place of jurisdiction being Hamburg. Should one or more clauses of these Terms prove or become invalid, this has no effect on the validity of the remaining clauses. The contracting parties will act to replace the said clauses by one, which serves the originally intended purpose of the invalid or unenforceable provision. The aforementioned provision will apply accordingly in case of legal loopholes.

January 01, 2018