General terms of use

Our terms of use are published here in a general form. Each instance is operated individually for the respective customer and therefore the terms of use are also tailored to the respective customer and their license. The background to this is that we offer a standard system for our dynamicTools, but this can be highly individualized depending on the customer's requirements.

The instances are completely separate and are always operated by us on German servers. As a result, the terms of use may also differ. We are happy to advise you here.

Scope of the terms of use

The Internet offer on the individual domain is an offer of the Customers. The following terms of use contain the basic rules for the use of the offer and apply to every use of the offer and the services provided therein. By activating the Privacy Policy checkbox during registration, the user expressly agrees to the data protection agreements and the following terms of use.

Registration

To use the service, the user must register in advance and set up an account. Registration is free of charge. Only natural persons with unlimited legal capacity are permitted to register for these services. The Customer reserves the right to request proof of the user's unlimited legal capacity at any time. There is no entitlement to register for these services.

When registering, the user is obliged to provide truthful and correct information in accordance with the requirements of the registration form. Successful registration is only possible if the mandatory fields are completed in full. The user has the option of uploading a profile photo to their account.

If the data provided changes after registration, the user is obliged to correct the information in his/her account immediately. The user is not entitled to set up several accounts under the same or different names.

When registering, the user also specifies their access data for their account, consisting of a user name and a password. The user name may consist of an e-mail address, may not infringe the rights of third parties, in particular name, trademark or personal rights, and may not offend common decency. The user name cannot be changed at a later date.

The user is free to choose his password, provided that it does not contradict the specifications of a secure password in the application.

The user can only use his account by entering the complete access data. The user has the option of changing their access data in their account at any time. The „Forgot password“ function is set up and provided for this purpose.

The user is obliged to keep his access data secret and not to pass it on to third parties. The Customer will not disclose the user's password to third parties and will not ask the user for their password at any time. The password is stored in the system in encrypted form. Even the operator of the site or administrators cannot view this password in plain text.

The user is advised that third parties can easily access, view, change or delete information stored in his account using his access data. Should the user lose his access data or become aware that third parties have gained knowledge of his access data and/or are using it, he is obliged to inform Den Customers of this without delay.

The user's account is not transferable to third parties.

The Customer is entitled to check the registered details of the user by means of suitable measures and, if the details provided are incomplete and/or untrue, to reject registrations and/or delete accounts that have already been set up if the user does not complete or correct the details within a reasonable period of time after being requested to do so. In the event of suspicion of misuse of the account and/or access data, the Customer to immediately block access to the user's account and/or delete the entire account.

Services of the dynamicDAM® and dynamicPIM® system

The Customer The offer is aimed at customers, agencies, partners, retailers and employees of the Customers. The system manages, stores and controls product information and media data of all kinds.

As a registered member, the user can access processes of the Customers be integrated. The user agrees to be informed about process steps of the offer by e-mail.

General obligations of users

The user undertakes to use the offer exclusively for the company's internal purposes. Customers to use it. In particular, the user undertakes not to rent or sell his/her user profile to third parties or to offer or make it available to third parties for other purposes.

The user undertakes to refrain from any actions that may impair the functionality of the offer or the services or functions provided thereunder in whole or in part.

If the user violates one and/or more of the above obligations, he is liable to the Customers to compensate all damages and expenses incurred as a result, including any legal costs.

Use of content, buy-out rights

The Customer allows the user to make use of the offer and download content in accordance with these terms of use and the existing legal provisions.

The user accepts the use of content within the scope of the buy-out rights provided. Buy-out rights are time-limited usage rights for media data that have been assigned such buy-out rights. The user is informed of this via the system and in the download in the form of an additional text file or a display on the details page of the media file. The relevant date here is the expiry date. When this date is reached, the media file may no longer be used. The user expressly accepts this procedure.

Transfer of rights

All rights to data downloaded from the system or made available via interfaces remain fully with the Customers.

Duration and termination of the right of use

The user can terminate the user relationship with the Customers at any time without notice or giving reasons. The user must notify the termination to the Customers in writing or by e-mail. The Customer is entitled to terminate the user relationship with the user at any time.

The Customer is entitled to temporarily suspend the user's right of use, without prejudice to further legal action, if the user violates one or more of these Terms of Use. In the event of serious, repeated and/or renewed violations (of any kind) after a previous warning, the Customer entitled to terminate the user relationship without notice.

The Customer may temporarily or permanently discontinue the offer in whole or in part at any time and without giving reasons and/or prior notice. In this case, the user's right of use ends with the discontinuation.

In any case of termination of the user relationship, the Customer delete the user's account and also delete all content and personal data contained therein or - if deletion is not possible or permissible - block it.

These Terms of Use shall continue to apply after termination of the user relationship insofar as their application relates to conduct or circumstances prior to termination.

Availability of the offer

The Customer endeavors to make the offer available to users at all times and to the full extent. The Customer assumes no liability for the uninterrupted and/or complete usability or accessibility of the offer or for the occurrence of transmission delays, faulty transmissions, memory failures or other restrictions of the offer. It is expressly pointed out that the website and/or individual services may be temporarily interrupted in the course of necessary maintenance work on the website.

Liability and limitations of liability

The customer shall be liable in accordance with the statutory provisions for damage to life, limb and health resulting from a culpable breach of duty by the Customers, their legal representatives or vicarious agents, for other damages that are based on intentional or grossly negligent breaches of duty as well as fraudulent intent on the part of the Customers, legal representatives or their vicarious agents, furthermore for the breach of an assumed guarantee as well as within the scope of the Product Liability Act.

The liability of the Customers for the culpable, i.e. at least negligent, but not intentional or grossly negligent breach of a material contractual obligation, the fulfillment of which is essential for the proper execution of this user relationship and on the proper fulfillment of which the user may rely (cardinal obligation), is limited to the typical, foreseeable damage.

Insofar as liability for slight negligence is not excluded, such claims shall become time-barred within one year from the start of the statutory limitation period.

Further liability claims of the user against the Customers do not exist, regardless of the legal nature of the claims asserted.

The above limitations of liability shall also apply in favor of the vicarious agents and assistants of the Customers as well as for the benefit of Customers affiliated companies and their vicarious agents and assistants.

Indemnification

The user expressly agrees that he/she may use the Customers and those with the Customers affiliated companies as well as the employees, workers, staff, representatives, shareholders and vicarious agents of the Customers and/or the one with the Customers affiliated companies from all claims that are asserted by third parties due to and/or in connection with content that the user posts and/or distributes within the scope of the offer and/or that are asserted due to any other use of the offer and/or due to a breach of these terms of use by the user. The user shall reimburse all damages and expenses incurred in this respect, including any legal costs.

Data protection

The use of the offer is subject to the current privacy policy, which is published at the same time as these terms of use. All links to this information can be accessed at any time via the footer

Final provisions, changes to the terms of use

The user expressly agrees that legal declarations made by the Customers can be received by e-mail. E-mails are deemed to have been received if they are stored as retrievable in the user's e-mail inbox or that of their Internet provider.

The Customer reserves the right to amend or supplement these Terms of Use at any time with effect for the future. The user will be notified of all changes to the Terms of Use by e-mail to the e-mail address provided by the user during registration and requested to confirm their inclusion in the existing contractual relationship with the user by clicking on the link provided at the end of the respective e-mail. The changes shall be deemed to have been approved even without confirmation if the user does not object to the changes within a period of two (2) weeks after notification of the changes to the Customers in writing or by e-mail. The Customer when the changes are announced. The timely dispatch of the objection by the user is sufficient to meet the deadline.

The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.