news aktuell GmbH, Mittelweg 144, 20148 Hamburg, Germany (hereinafter also referred to as “news aktuell”), offers its clients a software containing media and journalist data provided by news aktuell for public relations purposes, along with a range of features such as different search functions, data management, e-mailing and export tools as well as data management features for the respective clients’ personal contacts and individual information. 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. The customer may only use the zimpel software and data for the purposes outlined in section 2 below. System data on weblogs, bloggers and other social media influencers are subject to additional regulations in section 2 V. below.
§ 1 License
- These zimpel Terms of Business are an integral part of the License Agreement between the respective customer and news aktuell.
- Registration is effected on the basis of the number of users / logins per license. renteria may solely be used by persons who have been registered with news aktuell as users with separate logins.
§ 2 Usage Rights
- news aktuell grants the customer the non-exclusive, non-transferable right to use both the software and the system data for his own press relations and PR activities within the scope of the individual license. Any other usage of the system data is strictly prohibited.
- Long-term storage of system data outside of zimpel is not allowed. After exporting system data, customers may only use the data files immediately after export and must delete the files from their systems thereafter. If a recipient unsubscribes from any e-mailings by the customer, the customer must enter the respective address in their individual blacklist. In the event of a breach of this clause, news aktuell is not liable for any claims by third parties resulting from the misuse of the data by the customer. System data may not be transmitted by the customer to any third party without news aktuell’s prior written consent. This provision will remain in effect even after the termination of the License Agreement.
- If the customer operates on behalf of a third party’s press relation activities (e.g. a PR agency), he may also use the software and the system data contained therein for individual customers’ PR purposes. Any other use is strictly prohibited, in particular the use of zimpel features or system data for marketing purposes and the intent of selling them as part of a separate service by the customer to his own clients without relating to news aktuell as the service provider.
- When using system data for e-mailing purposes, the customer commits to only sending press releases which do not infringe on any third-party rights and do not violate any other laws or regulations, adhering to the topical classifications indicated in zimpel for the respective recipients.
- System data with respect to weblogs, bloggers and other influencers from social media platforms are provided as a directory only. Sending press releases to these contacts is not allowed unless the customer has gathered their individual approvals. Consequently, these contacts are not listed in data exports and are filtered out of e-mailings unless the customer confirms, via a checkbox, to have gathered their approvals.
- In regard to the customer’s own contact data and information, the approval of any respective individual whose personal data would be stored and thus receives press release e-mailings has to be gathered by the customer prior to usage where applicable. 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 defence against such claims.
- In the event of any infringement of the above-mentioned clauses, news aktuell is entitled to terminate the licence contract with immediate effect and reserves the right to take further legal action against the customer, such as damage claims.
§ 3 Publication in customer’s own newsroom on www.presseportal.de
Customers have 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 for this service:
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 also contain any PR material distributed by newsaktuell via ots 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 further distribution and the personal information of users. Usage right details can be found here: https://www.presseportal.de/en/termsofuse. By publishing any material in this newsroom, the customer assigns the respective rights to news aktuell.
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. 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.
§ 4 Access and Passwords
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.
§ 5 Duration, Prices and Termination
- Unless otherwise agreed, the License Agreement will be valid for an initial term of 12 months.
- 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.
- The right to extraordinary termination due to an important cause according to the German Civil Code will remain unaffected if applicable.
- 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.
- 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.
- 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 remains explicitly reserved.
§ 6 Invoicing and Payment
The License Fees are invoiced monthly, quarterly or annually in advance as specified in the License Agreement. All further services (installation fee, data integration, etc.) will be invoiced directly to their usage. Invoices will be paid immediately without deduction.
§ 7 Liability
- news aktuell is not be 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 checks and updates of existing data as well as research of new media outlets, contacts and other related information. The research team regularly sends out questionnaires and gets into personal contact with journalists for feedback and individual topical preferences and responsibilities as well as for collecting journalists’ approvals to store and use their personal data and receive PR mailings by zimpel customers.
- The customer assumes sole liability for his usage of the system data and will be solely responsible for any claims of third parties arising from any infringement of these Terms. This includes the form or contents of the materials transmitted via zimpel or using to system data.
- 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. These limitations apply notwithstanding the failure of the essential purposes of any limited remedy. Statutory liability in case of gross negligence, intent or infringement of essential contractual obligations remains unaffected. In no event is the total liability to exceed the annual amounts paid by the respective customer for the service. The foregoing right to monetary damages will be in lieu of any other remedies which customer or its affiliates and users may have against news aktuell. German law will apply.
January 01, 2018