news aktuell GmbH, Mittelweg 144, 20148 Hamburg, Germany (hereinafter also referred to as “news aktuell”), offers its clients the “zimpel” application, containing German and international media and journalists data for public relations purposes. The “zimpel” application provides a range of features such as search functionality, e-mailing and export tools and distribution list management as well as data management for the respective clients’ own media contacts. news aktuell provides users with access to all booked licenses and functionalities according to the signed offer, as well as the possibility to store their own media and journalist data. Additional services such as the import of customer-owned data files as well as matching and supplementing customer lists with news aktuell-owned data are available upon request.
Hereinafter, the term “system data” will refer to all media and contact data contained in zimpel which is provided by news aktuell, excluding any data and information entered and administered by the customer himself.
System data on weblogs, bloggers and other social media influencers are subject to additional regulations in section 2 VIII. below.
I. These zimpel Terms of Business are an integral part of the License Agreement between the respective customer and news aktuell.
II. Registration is based on the number of users / logins per license. The zimpel application may solely be used by persons who have been registered with news aktuell as users with individual logins.
The use of the application and the system data is only permitted under the following conditions.
I. news aktuell grants the Customer the non-exclusive, non-transferable right to use the modules booked under the License Agreement during the period of the License Term, within the terms set forth herein, such as the right to retrieve system and customer-owned data, to create and manage own media and contact data and distribution lists as well as to export the data for the purposes mentioned under this 2. and to use the zimpel emailing tool.
II. The data retrieved by the customer in accordance with I. may only be used for media contact management as part of the customer's own press work.
III. If the customer is engaged in PR consulting or public relations activities for third parties, e.g. as a PR agency, he may also use the software and the system data contained for individual PR activities for its clients. Any further use, and in particular the usage of the zimpel data, application or emailing tool as part of the customer’s own general product offerings is expressly prohibited.
IV. The use of exported system data outside the application is permitted only once at a time and within a maximum of 2 days after the export. For further use at a later date, a current data export must always be carried out; permanent storage of zimpel data outside the application is not permitted.
V. zimpel media contacts who directly contact the customer for the purpose of opt-out from customer distributions are to be blacklisted by the customer or excluded from future mailings.
VI. The system data may not be transferred to third parties, sold or otherwise distributed without the express prior written consent of news aktuell. Except for the usage rights stated here, the customer does not acquire any rights under this license. This provision shall continue to apply after termination of the license agreement.
VII. When using the e-mail function addressing system data, the customer undertakes to send only PR content, and in particular no advertising material, not to infringe any copyrights or personal rights and not to infringe competition law or any other legal provisions.
VIII. The data provided on weblogs, bloggers and other social media influencers are to be understood as a directory only and therefore subject to the following separate regulation: When sending e-mails via the "zimpel" mailing tool or the customer's own e-mail application, the liability for obtaining a legally required advance opt-in or consent of the recipients lies with the customer, and data export files do not contain the respective e-mail addresses.
IX. If the customer uses his own contact data or data records within the application or, the liability for obtaining a legally required advance opt-in or consent of the recipients in storage and usage of their data also lies with the customer.
For the option of publishing their press releases in their own newsroom on www.presseportal.de in addition to any e-mailing via zimpel, the following conditions will apply:
The press releases will be publicly available in the customer’s newsroom on www.presseportal.de. The newsroom will feature the customer’s name, logo and a link to his homepage as well as social media buttons if required. It will contain any PR material distributed by news aktuell via ots for the the respective newsroom or through this special zimpel feature. The releases (including photos, videos or any other material published by the customer) will be made available by news aktuell for media coverage as well as free distribution by third parties in the original version. Usage right details can be found here: https://www.presseportal.de/en/termsofuse. By publishing any material in this newsroom, the customer assigns the necessary usage rights to news aktuell.
news aktuell will not carry out any content check or formal review. The customer is solely responsible for the contents, style and format of the published material. The customer must supply the material free of third-party rights or else must obtain the necessary rights beforehand. In addition, the client must assure that the material does not infringe valid law or statutes of the countries selected for distribution or the rights of third parties in any manner. Nevertheless, news aktuell reserves the right to remove individual publications in case of violations of the principles mentioned here or legal claims by third parties
Usage rights restrictions for the use by third parties are to be incorporated by the customer in the material itself or submitted to news aktuell together with the distribution order.
The customer must indemnify news aktuell from any third-party claims resulting from the order-based 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 defence with respect to such third-party claims against news aktuell.
Access to zimpel will be provided via a password-protected Internet application. The customer bears sole responsibility for keeping his login data confidential and is liable to news aktuell for any damage to himself and/or news aktuell arising as a result of unauthorised use of its license by its own employees or third parties. The customer must inform news aktuell in case of any changes in his personnel authorization to use the login data or in circumstances which end the customer’s own right to publish PR content on behalf of a third party.
I. Unless otherwise agreed, the License Agreement will be valid for an initial term of 12 months.
II. After expiry of the initial term it will be renewed automatically for equally long terms unless it is terminated in writing with a notice period of 6 weeks before the end of a term.
III. The right to extraordinary termination due to an important cause according to the German Civil Code will remain unaffected if applicable.
IV. The license fees depend on the individual data packages and features as specified in the offer and will be fixed prices for the respective term.
V. news aktuell reserves the right to increase the fees for all services. Such an increase may solely become effective at the beginning of a new term.
VI. Upon termination of the License Agreement, the customer will be obliged to cease using the software and the system data and delete any system data or copies thereof retrieved from zimpel from his computer systems or any other storage devices. In the event of a documented breach of this rule, there will be a contractual penalty amounting to double the annual fee of the booked license. The right to assert further damages or compensation claims in excess thereof remain explicitly reserved
The License Fees are invoiced monthly, quarterly or annually in advance as specified in the License Agreement. All other services will be invoiced immediately after performance. Invoices are to be paid immediately without deduction. In the event of significant late payment by the customer, news reserves the right to close the user logins with appropriate advance notice.
I. news aktuell is not liable for the accuracy or completeness of the system data. However, news aktuell will make their best efforts to ensure maximum data quality. A large in-house data research team carries out regular updates of existing data as well as research of new media outlets, contacts and other related information.
II. news aktuell makes every effort to answer user inquiries as quickly as possible during general office hours via e-mail or telephone.
III. The customer assumes sole liability for the use and the use of the data provided by news aktuell. In particular, news aktuell accepts no liability for the use of the data outside of the permissible usage purposes expressly agreed herein, the selection of the recipients for the customer's mailings as well as the content and the form of the dispatched material. The customer indemnifies news aktuell in the case of claims by third parties caused by a breach of any of the provisions in these Terms. The customer must compensate news aktuell for any damage, including the costs of appropriate legal defence with respect to such third-party claims against news aktuell.
IV. news aktuell is not liable for any consequential, incidental, special or indirect damages, including but not limited to any damages for anticipated profits, loss of revenue, economic loss, loss of data, costs of procurement of substitute goods or services or interruption of business, arising in any way out of the use or inability to use the zimpel service or technical errors or failures with regard to the service. Statutory liability in case of gross negligence, intent or infringement of essential contractual obligations remains unaffected. In no event will the total liability exceed the annual license fee paid by the respective customer. Liability for cases in which news aktuell cannot meet its contractual obligations due to force majeure is excluded.
V.German law will apply.
August 01, 2019