Terms of Use
The operator of the jovoto.com online platform (hereinafter referred to as the ”Platform”) is Jovoto GmbH, Novalisstrasse 11, D-10115 Berlin (hereinafter referred to as ”jovoto”). The following General Terms and Conditions of Use contain the basic rules for use of the platform and for all legal transactions and acts similar to legal transactions relating thereto between the user of the Platform and jovoto. They apply exclusively. The user’s terms of business are hereby opposed insofar as they contain provisions which differ from or conflict with the General Terms and Conditions of Use below.
Definitions
‘User’ is any natural or legal person who has registered for participation on the platform.
‘Ideas’ within the meaning of these General Terms and Conditions of Use are all creative contents which the user sets up on the Platform in a contest (see section 5 below) and makes available. In particular, graphic works, photographs, videos, texts, pieces of music, sketches and other images are covered by the term, also insofar as already existing files are uploaded therefor.
‘Work samples’ within the meaning of these General Terms and Conditions of Use are all creative contents which the user places in file form in his or her user profile for self-presentation purposes.
Registration/Use Agreement/Access Data
Registration on the Platform is not allowed for minors and other natural persons who are not legally competent or are only legally competent to a limited degree without the permission of the legal representative.
jovoto provides an online form for registration. Once the user has submitted the requested data and sent off the form the user receives a confirmation email with a link to the email address he or she has specified. By clicking on the link the user submits an offer for the conclusion of a use agreement with jovoto. The use agreement with jovoto comes about upon forwarding to the Platform’s homepage.
jovoto reserves the right to refuse to register the user without giving reasons.
In each case the user is obliged to the truthful and, insofar as the corresponding data have to be specified, full declaration of the data collected during registration. In doing so, the user is especially not allowed to enter third-party data. If the collected data is amended after successful registration, the user must update them immediately in his or her user account. Multiple registrations under different user names is not admissible.
During registration the user stipulates a user name and a password (hereafter collectively referred to as “Access Data”). The user must keep the Access Data secret and keep it protected from access by unauthorised third parties. Forwarding to third parties, even other users, is not allowed. If the user has lost the Access Data or he or she finds out or harbours the suspicion that his or her Access Data are being used by an unauthorised third party, he or she must notify Jovoto thereof immediately.
Right of Revocation
The user may revoke his or her contract declaration in text form within one month without giving reasons (e.g. letter, fax, email). The time period starts running at the earliest on the day following the day on which the user has received this advice separately in text form. Punctual dispatch of the revocation is sufficient to meet the revocation deadline. Please send your revocation to the following address:
Jovoto GmbH Novalisstrasse 11 D-10115 Berlin Fax: +49.30.8020.87.800 Email: service@jovoto.com
Consequences of Revocation
In the event of a valid revocation, the performances received on both sides shall be returned and any profits drawn (e.g. interest) surrendered. The user must meet any obligations to refund payments within 30 days after sending his or her notice of revocation.
Special advice
The user’s right of revocation shall expire prematurely if the contract is fulfilled in full by both parties at the express request of the user before the user has exercised his or her right of revocation.
Contests
Contests are regularly organised on the Platform, where the participating users can win cash and material prizes which are either advertised by third-party companies or by jovoto (hereinafter referred to as ‘Contests’). The following rules apply to these Contests.
Winning a Contest on no account means that the relevant user has sold his or her idea to the promoter. The prizes are therefore not advertised to grant the rights to an idea, but rather to reward particularly high-quality creative ideas. Contests and the sale of ideas are independent from each other. If the Contest promoter wishes to acquire the idea of the contest winner or a different participant in the Contest, section 7 applies on the proviso that each user who participates in a Contest with one or several ideas offers the relevant ideas as described in section 7 to customers for purchase, including the acquisition of the rights.
jovoto stipulates specific rules for each Contest, if necessary on behalf of the company advertising the Contest (hereinafter referred to as ‘Contest Rules’). They lay down the basic conditions and terms of participation for the Contest (e.g. topic, start and end of the Contest, prizes to be won, etc.). If the user infringes the ‘Contest Rules’, he or she may be excluded from the Contest or even the platform itself by jovoto at its discretion.
Each user may participate in the Contest with one or several ideas. To do this, he or she uploads one or several ideas in the Contest domain on the Platform within the time that the Contest runs.
An idea which has been prepared in different versions is deemed only one idea. Users may submit different versions of one idea in a Contest, but only the proposal which has received the most votes from the community will be evaluated and remunerated.
Which idea wins the Contest, which ideas land up in second or third place, etc. is determined solely by the community of other Platform users. Each user (with the exception of the relevant participant in the Contest) may rate an idea with a positive vote or a negative vote. These ratings are processed by an algorithm provided by jovoto to prevent false weightings (e.g. 100% approval would be achieved with a positive rating and no negative rating, whereas a result of only 98% approval would be achieved with 98 positive ratings and two negative ratings; such distortions are balanced out by the algorithm). The idea that achieves the best score wins the Contest. jovoto reserves the right to adjust the algorithm to changed circumstances on the Platform, to ensure that results which are as impartial as possible are achieved.
Ratings can be submitted as soon as the first idea is placed for the Contest. After the end of the participation time ratings can still be submitted until the cut-off date specified for the Contest. This cut-off date is followed by an inspection period, during which jovoto examines whether there are indications of misuse of the score functions (cf. subsection 13). If this is not the case, jovoto will disclose the winner on the Platform. Should there be suspicion of manipulation during the inspection period, jovoto reserves the right to cancel the voting. jovoto will announce such a decision and give reasons for it on the Platform. In this case the contest will become invalid; the advertised prizes will not be paid.
The winner of the contest will receive the advertised main prize and the runners-up the other prizes, provided such prizes are advertised. jovoto will contact the relevant users prior to payment. Unless he or she has already specified this data in his or her user profile, the user is obliged to notify jovoto of his or her full civil name, address and bank account. jovoto is entitled to check the data specified by the user for accuracy. In particular, jovoto may demand from the user the forwarding of copies of official documents (e.g. personal ID card).
Rights of Use to Ideas and the Works Contained Therein
Users who place an idea in a contest grant jovoto the transferable, simple, spatially and temporally unrestricted rights of use to the idea, including the creative works attributed thereto, to the extent required to operate the service. In particular, the user shall grant jovoto the right to keep the idea and the works attributed thereto ready on the platform for call-off by third parties and to carry out the duplications required therefor. The user shall grant jovoto the right to process the respective works so as to be able to present them better on the website. In addition, the user shall grant jovoto the right to process the idea and the works attributed thereto for the purpose of presentation outside the contest domain, for example, in categories such as ‘Latest Ideas’, ‘Best of’ or ‘Best Rated’, especially to prepare and present short versions or individual images of videos and texts, smaller versions of photographs (‘thumbnails’) etc. jovoto shall also be entitled to make the ideas, including the works attributed thereto, publicly accessible and to transmit and otherwise publicly reproduce them, whereby, in particular, the making accessible or transmission by transfer of the contents on fixed or mobile end devices of other users within the scope of automated subscription services (push services) or call-off services (pull services) (e.g. by podcasting, RSS feed, atom feed, XML interface or other technologies) is covered thereby. The parties especially understand the right of public production to also mean the right to reproduce the idea and the works attributed thereto on the website in the course of audio and video data (streaming) which is to be received by the user and is simultaneously reproduced, including the option of organising the stream in such a way that the transmitted data can be stored by the recipient.
In order to guarantee the user the maximum attention and range for his or her ideas, the user shall also grant jovoto the right to also publish and/or have published the user’s ideas on websites of third-party providers and carry out the duplications required therefor and send the individual works (i.e. the corresponding files) to the third-party provider and/or grant these providers technical access to the ideas for the aforementioned purposes, including the right in this connection to reproduce the ideas for incorporation in their own website. To achieve the aims specified in this clause, jovoto may use standard technical procedures (e.g. embedded functions). The user agrees to the relevant third-party provider accepting the user’s respective works and also publishing them.
The user shall not receive any remuneration in cash for granting the aforementioned rights of use. jovoto shall present the user’s ideas on its platform in return for granting the rights and give him or her the opportunity to sell his or her ideas to third parties and participate in contests with his or her ideas. The parties see this counter performance as appropriate remuneration.
jovoto aims to give the user as free a rein as possible with regard to selling his or her ideas to third parties. Within the scope of Contests the user has, if applicable, the option of making his or her ideas available on open content terms (for example, creative common licence terms). Whether this is the case for the respective content (including the details relating thereto) is stipulated in the respective contest rules.
Selling Ideas to Third Parties
If the user participates in a Contest with an idea, he or she therefore simultaneously makes an offer for sale in return for payment of the relevant idea to a still undetermined third party.
The user’s offers declared in this way for the sale of his or her ideas are subject to a price system predefined by jovoto which is freely viewable on the platform at any time. jovoto would like to offer therewith, not least in the interests of the user, a simple, structured possibility of bringing together the user and potential customers for his or her services. For this purpose, the price system is subdivided into different categories, which are based on the different types of ideas.
Therefore, the user undertakes to sell an idea placed by him or her of a specific type at the price or within a price range of the corresponding price system category. If a potential buyer for a specific idea contacts jovoto and would like to purchase the relevant idea, the user’s offer is accepted by the potential buyer (hereinafter referred to as ‘Customer’). For this purpose, jovoto is authorised by the user to take receipt of the Customer’s confirmation of acceptance. Upon receipt of the Customer’s confirmation of acceptance by jovoto the contract for the purchase of the idea has come about.
The offer for the sale of the idea contains the offer for granting rights of use to copyright, design patent and ancillary copyright-protected works (hereinafter referred to as the ‘Works’), if and insofar as such works are part of the idea, on the scale described below:
If the Customer purchases the idea, he or she is to be enabled the complete and, in compliance with subsection 7.5, sole use and exploitation of the idea.
The user shall therefore grant the Customer all the copyright, patent design and ancillary copyright-protected rights of use to the idea and all the rights contained in these works as exclusive, transferable and restricted temporally and spatially and in terms of content for the full exploitation of the idea by the Customer. This granting of rights covers the user’s idea as a whole and any individual work that is part of the idea per se.
In particular, the user shall grant the Customer the exclusive, transferable, temporally and spatially unrestricted right to duplicate, distribute, exhibit, lease out, present, perform, demonstrate, make publicly accessible, transmit, relay by means of cable systems or microwave systems (cable relay) and reproduce by means of image or sound carriers, regardless of whether for a fee or free of charge, the idea and the contained works, make publicly observable, otherwise publicly reproduce in a non-physical form, process and modify already broadcasted radio programmes or repeats based on public accessibility by means of a screen, loudspeaker or similar technical equipment as well as to publish and exploit such workings and modifications. These rights listed above especially cover the rights to duplicate the idea and the contained works in any tangible and/or intangible digital or analog form, e.g. by means of reprography or transfer to analog carriers (e.g. books, stickers, printouts, images, pictorial volumes, books, comics, leaflets, flyers, photographs, photocopies, photomechanical processes, posters, magazines, newspapers) and to temporarily and/or permanently store them by means of digitalisation or any other form of digital storage and on any known type of data, image and/or image/sound carriers, e.g. diskettes, DVD, DVD-R, DVD-RW, DVD-RAM, HD DVD, blue-ray disc, CD-ROM, CD-R, CD-RW, CD-Audio, super Audio CD, audio cassettes, records, MMC, SD, MS, MS Pro, flash card, smart card, secure digital card, memory stick, mini-disc, DAT, hard drives, servers, proxy servers and/or by transmission in the internet or other data networks as well as on programmes or in database systems;
The right to distribute and bring into circulation and/or offer to third parties the idea and the contained works by any known means and on all tangible analog and digital carrier media independently or in connection with other works, especially also to lease and loan them, regardless of via which distribution channel and in what form of embodiment, especially through distribution of the idea and the works contained therein on the above-mentioned digital or analog carriers via the wholesale, intermediate or retail trade or by forwarding, regardless of whether by means of long-distance sales or electronic business dealings or through free forwarding or free redispatch;
The right to transfer the idea and the contained works to third parties by any known technical means and make them publicly accessible. This is especially interpreted to mean that the idea and the contained works are stored in digital form in a data processing system and can thereafter be accessed from there by third parties ‘on demand’ via wired or wireless media as a digital signal and/or transmitted to the said parties with the consequence that the stored data are imported into the third party’s reception device, where they can be decoded either after storage or interim storage or directly and therefore reconverted into texts, images and/or sounds and made visible or audible. The idea and the works contained therein can also be made available to the third party in such a way that the said third party can store and repeatedly call up the idea and the works contained therein and/or parts thereof after transmission into its receiving device. Interactive on-demand uses are characterised by the fact that the ideas stored in digital form are made accessible to members of the public who are not present at the location where the accessibility originates in such a way that they have access thereto and can individually request the time and location of the transmission even if the transmission of the works to the third party is carried out at a later time than the requested time. The online right of use exists regardless of the transmission form chosen by the Customer or its licensees for use of the protected material and covers, for example, interactive or non-interactive online systems, electronic databases, internet, World Wide Web, IRC or news, file-sharing or application service providing;
The right to transmit or relay the idea and the contained works to third parties, regardless of in what ‘analog or digital’ form, whether via data networks by means of subscription or call-off services (e.g. by streaming, video-on-demand, near-video-on-demand, podcasting, webcasting, simulcasting, IPTV, mobile TV, push services (e.g. by RSS feed, SML interface, etc.) and all types of pull services), or via conventional transmission paths, such as through public or non-public transmission, relay and repeat transmission through radio, TV and comparable communication and reception systems, electromagnetic waves, electronic devices, wire, cable, satellites, aerial systems, digital transmission paths or other technical equipment, whether via one’s own transmission paths or through public or non-public transmission companies;
The right to initially publish the idea and the contained works in any required form at a time of one’s own choice, regardless of whether on any type of tangible carriers or in intangible form (for instance in the internet), regardless of whether independently or in combination with other contents, e.g. as a collective or multimedia work or within an encyclopaedia; the right to amend, process, combine and arrange the idea and the contained works in any form and by any means, especially by means of corrections and translation into any other language, by means of extension, transformation, addition, adjustment, supplementation, through placement in databases or through the creation of collective works, by exchanging images and figures, by changing the characters of figures or having these acts carried out by third parties and publishing and utilising as well as having published and utilised the workings and modifications in any of the ways referred to in the provisions above.
If the user has created a computer programme, it shall apply supplementary to and over and above the aforementioned provisions that only the Customer is entitled to exercise all proprietary powers for the computer programme.
The Customer shall be entitled to transfer to third parties or have exercised by third parties the aforementioned rights to use according to its own judgement and without the special permission of the user or other persons, regardless of whether in the original or in a processed form. This applies regardless of the content and scope of the licence terms agreed with the respective third party, that is regardless of whether through the transfer of the sole right of use or the award of individual or several comprehensive or simple rights of use restricted in terms of content and/or temporally and/or spatially.
The aforementioned provisions also apply in the event that the idea and the contained works have been combined with protected material of third parties. If a joint work created under joint copyright has been produced by combining the works with other protected material, the user shall herewith already also consent to the whole work being included in the sale to the extent stipulated in the aforementioned provisions.
The simple rights of use which the user may have granted to third parties by choosing the respective open content licence terms for his or her placed ideas are not affected by the exclusiveness of the granting of rights of use according to this subsection 7. They shall continue to apply. The idea shall also remain visible on the Platform after its sale to the Customer, but will be marked sold.
The Customer’s confirmation of acceptance (cf. subsection 7.3) also covers the confirmation of acceptance with regard to the offer to grant the rights of use. The remuneration for granting the rights of use is included in the fee payable by the Customer according to the price system.
The contractual relationship with the Customer comes about solely between the user and the Customer. As regards the contractual offer, jovoto merely takes the position of an agent for the offer declaration embodied in the placement of the idea in the user’s user profile by providing the technical platform. As regards the Customer’s confirmation of acceptance, jovoto is the receiving representative.
Once the Customer’s confirmation of acceptance has been received by jovoto, jovoto shall notify the user thereof without delay and inform him or her of the Customer’s identity and its contact data. Unless he or she has already specified this data in his or her user profile, the user is obliged to notify jovoto of his or her full civil name, address and bank account. jovoto is entitled to check the data specified by the user for accuracy. In particular, jovoto may demand from the user the forwarding of copies of official documents (e.g. personal ID card).
Users are is obliged to render proper account of their services vis-à-vis the Customer themselves.
The user shall authorise jovoto to take receipt of the Customer’s payment. Once the fee payable by the Customer has been received by jovoto, jovoto shall transfer the amount to the user into the account he or she has specified.
jovoto would like to point out to the user for the sake of good order that he or she is also free to offer a specific idea for purchase elsewhere, but that he or she can no longer effectively do so if a Customer has purchased the idea on the platform as described above. This is due to the granting of the sole rights of use to the Customer, which excludes any other person, including the user, from any further use. An exception thereto are the simple rights of use already granted prior to the granting of the sole rights of use.
If a contract is concluded between the user and the Customer according to the procedure described above, a commission is accrued to the benefit of jovoto, which must be paid by the relevant Customer. The size of the respective commission is based on the current price system on the Platform in each case.
Evaluating and Commenting on the Ideas of Other Users
Users may rate and comment on the ideas of other users and the works attributed to them within the context of contests. These ratings and commentaries are publicly accessible.
Users are obliged to protect the rights of the affected third-party user in their ratings and commentaries. This means above all that other users may not be insulted. Criticism is allowed, but it must be unbiased and appropriate in each case. Users are not allowed to express criticism or submit bad ratings to improve their own position on the Platform. It is also not allowed to band together with other users to express specific criticisms or submit specific ratings. jovoto will pursue any suspicion of misuse and take rigorous action if a suspicion is confirmed (cf. subsection 13).
Placement of Work Samples in the User Profile
Users may present themselves and their talent to the public in their user profile. To do this, they may upload work samples in their user profile, especially image, video and audio files in standard formats.
jovoto reserves the right to reject or delete users’ work samples which they have placed in their user profile without giving reasons.
Users who place a work sample in their user profile grant jovoto the transferable, simple, spatially and temporally unrestricted rights of use to the work sample to the extent required to operate the service. In particular, the user shall grant jovoto the right to keep the work sample ready on the platform for access by third parties (public accessibility) and to carry out the duplications required therefor. The user shall grant jovoto the right to process the respective works so as to be able to present them in a better way on the website.
Subsection 6.3 applies analogously.
Writing Messages/Networking
Users have the option of sending messages to other users via a messaging system provided by jovoto and to include other users in their user profile as contacts. The messaging system and the networking functions may on no account be used on an automated basis by the user, e.g. for spamming or to add friends. In addition, users must respect the wish of another user expressed to them not to be or to no longer be contacted.
Advertising
jovoto reserves the right to display advertising messages in the user profiles.
Users may advertise their own offers in their user profiles. However, they are not allowed to advertise commercial or non-commercial offers of third parties without obtaining prior consent from jovoto.
Inadmissible Content
The user shall give an undertaking to jovoto not to place and/or offer any illegal or otherwise inadmissible contents according to this clause in the platform and/or not to create access to and/or advertise such contents.
This especially relates to contents (particularly graphics, videos, photos, pieces of music and texts) which infringe the provisions of the German Penal Code (Strafgesetzbuch – StGB) or other penal provisions and/or constitute means of propaganda as defined by § 86 StGB, the content of which is directed against the free, democratic constitutional order or the idea of international understanding, use symbols of unconstitutional organisations as defined by § 86a StGB to incite hatred against segments of the population or against a national, racial or religious group, or one characterized by its folk customs, which call for violent or arbitrary measures against them, or which assault the human dignity of others by insulting, maliciously maligning or defaming segments of the population or a previously indicated group, describe cruel or otherwise inhuman acts of violence against human beings in a manner which expresses a glorification or rendering harmless of such acts of violence or which represents the cruel or inhuman aspects of the event in a manner which injures human dignity; this also applies to virtual depictions that glorify war and assault human dignity, especially by showing people who are dying or are or were being exposed to serious physical or mental suffering, whereby an actual event is reproduced without there being a legitimate interest in this form of representation or reporting; consent is to be disregarded for contents which show children or adolescents in an unnaturally sexual posture, are pornographic and deal with acts of violence and the sexual abuse of children or adolescents or sexual acts by human beings with animals, are included in sections B and D of the list according to § 18 of the German Child and Young Persons Act (JuSchG) or are completely or essentially identical in terms of content to a work included in this list (absolute ban as defined by § 4 (1) of the Youth Media Protection State Treaty (JMStV)), are otherwise pornographic, are included in sections A and C of the list according to § 18 of the JuSchG or are completely or essentially identical in terms of content to a work included in this list and/or are obviously capable of severely jeopardising the development of children and adolescents or their upbringing as independent persons capable of living in a community, taking into account the special form of impact of the dissemination medium (relative ban as defined by § 4 (2) JMStV).
The user must report to jovoto contents which are capable of adversely affecting the development of children or adolescents as independent persons capable of living in a community, especially those which are not approved according to the JuSchG for children or adolescents of the respective age group or which are essentially identical in terms of content to offers which are not approved according to the JuSchG for children or adolescents of the respective age group (offers adversely affecting development as defined by § 5 (1), (2) JMStV). The user may only place the contents after they have been approved by jovoto.
All the provisions contained in sections 12.1 to 12.3 also apply to virtual depictions.
In particular, contents which are offensive, slanderous or otherwise insulting are also illegal.
In addition, contents which infringe the right to protection of the private or intimate sphere as well as the right to own image are inadmissible because the rights of third parties are violated. In particular, the user shall give an assurance that photos, graphics and videos to be placed only depict persons who agree to the publication of their picture in a platform such as jovoto.com and consent to further use by a company, especially for advertising. In this connection only works in which the depicted person is merely an accessory, i.e. largely takes a back seat next to the main motif of the graphic, photo or video when attracting the observer’s attention and does not have any influence on the subject of the work, are irrelevant. If the person to be depicted is not fully competent, approval must be obtained from the legal representative.
Contents whose use on the Platform or by third parties, especially by children, would violate the copyright, patent design, ancillary copyright or trademark-protected position of third parties are also inadmissible. Contents which fall under the sale of rights by the GEMA (Society for Musical Performing and Mechanical Reproduction Rights) may not be placed with jovoto from the outset.
The user is also not allowed to place hyperlinks in his or her user profile that refer to offers of third parties if contents are provided on the corresponding internet pages that fall under sections 12.1 to 12.7.
Contents which violate the aforementioned rules or other offensive contents may be reported to jovoto via a procedure provided therefor.
Misuse of Voting Function
It is prohibited to misuse the voting functions of jovoto. The following principles apply:
It is inadmissible to submit ratings using several user accounts. This refers to both the use of several own user accounts registered in violation of section 3.4 and the use of user accounts of third-party users after the said users have allowed access to their user account in violation of section 3.5.
It is inadmissible to submit ratings for one’s own ideas.
It is inadmissible to designate other members to submit specific ratings, whether by means of threats, by offering benefits or reciprocity or by other means.
jovoto reserves the right to introduce at any time the rule (if necessary, protected by a corresponding technical function) that users who have not registered until after the start of a specific Contest are not allowed to submit a rating for the Contest.
jovoto shall monitor each voting process and intervene if necessary. jovoto reserves the right to abort a voting process if there is a suspicion of manipulation, exclude individual users from the process and cancel the result of a process.
Viruses, etc.
The introduction of viruses, trojans and corresponding scripts and programmes and a similar malicious code in the Platform is prohibited. The same applies to denial-of-service attacks or similar attacks (e.g. hacking) on the Platform and/or individual user profiles.
User’s Guarantee for His or Her Ideas
The user shall give a guarantee to jovoto that he or she is entitled and able to transfer the rights to the extent specified by sections 6, 7.4 and 9.3.
The user shall also guarantee not to place or offer any contents, especially ideas or work samples, that encroach upon the rights of third parties or whose content violates section 12 of these General Terms and Conditions of Use. The user shall check whether the contents encroach upon the rights of third parties. Indications thereof especially exist if
copyright-protected works which have not been created by the user himself or herself, e.g. graphics, videos, photos or texts, are used (also processed and distorted, unless the source material is not longer identifiable);
the ideas contain copyright or ancillary copyright-protected presentations, such as recordings of concerts, theatre performances, circus shows, etc. or parts of such or include other performances protected by ancillary copyright law, such as TV programmes (including words of introduction and concluding words spoken by a presenter);
Third parties who have collaborated on the production of contents to such a degree that they may have acquired ancillary copyrights, for example for recording, production, editing, sound, camera, etc., unless the persons in question have consented to the utilisation of the idea created with their involvement on the platform.
the contents deal with personal or otherwise sensitive information of individual persons or groups of persons, unless the necessary consent and/or rights of use have been obtained by the user;
third persons in photographs and videos are depicted in such a way that they do not take a back seat from the observer’s point of view in terms of their importance for the picture/video, unless the user has obtained express consent to the activity and utilisation of the result on the Platform
The user shall also give a guarantee that he or she is not prevented from placing the idea in question and participating in a Contest with it by an employment contract or other agreements.
User’s Liability
The user is solely responsible for all granted rights of use and contents he or she has placed.
In the event that a claim is made by third parties against jovoto because the user has culpably breached his or her obligations with regard to the granting of rights of use, the user shall keep jovoto free from any liability and any costs, including any litigation costs. jovoto shall notify the user of the claim without delay and give him or her the opportunity to avert the asserted claim insofar as this is legally necessary and/or possible.
The same applies to a claim by a third party if the user with the subject of the contents, regardless of the authorship of them, culpably breaches the legal positions of third parties, especially trademark or personality rights, or culpably violates other statutory regulations (such as the prohibition provisions of the German Unfair Competition Act (UWG).
Liability of jovoto
jovoto is liable with the following restrictions according to the statutory provisions: If damage suffered by the user results from the loss of data, jovoto shall not be liable therefor if the damage would have been avoided through regular and full backups of all relevant data by the user. In the case of slightly negligent acts or non-performance, the liability of jovoto is excluded for contractually untypical or unforeseeable damage provided the damage does not relate to loss of life, personal injury or illness.
Violations of the General Terms and Conditions of Use
jovoto reserves the right to warn users following violations of these General Terms and Conditions of Use and/or disable their user account temporarily or permanently, in order to enjoin them to comply with their obligations. Warnings and disablements shall be confirmed to the user in text form. Extraordinary termination of the use relationship may also be declared.
Term and Termination of the Use Agreement
The use agreement shall be concluded for an indefinite period. It may be terminated by the user at any time according to statutory provisions by giving two weeks’ notice. The two-week notice period also applies on principle to jovoto. However, jovoto will not terminate a user account according to statutory provisions as long as the user in question is currently participating in a Contest.
However, jovoto and the user reserve the right to terminate the contract immediately for good cause without giving notice. Extraordinary termination by jovoto is especially possible in the case of violations of these Terms of Use, especially the obligation to truthfully provide the necessary data, the voting principles and in the case of the loss or in the case of the suspicion of the improper use of access data by a third party.
Once termination has taken effect, the user’s user profile, including the placed ideas, will be deleted. The data protection declaration is authoritative for the storage of personal data.
In the event of the disablement of a user account or termination by jovoto for good cause, the user in question is prohibited from registering on the platform again and opening a new user account until express prior consent has been given by jovoto.
Data Protection
All information on data protection and data security can be found in the data protection declaration.
Changes to the General Terms and Conditions of Use
jovoto reserves the right to amend these General Terms and Conditions of Use at any time. The changes or the new General Terms and Conditions of Use will be sent to the user by email.
Die neuen Allgemeinen Nutzungsbedingungen gelten als vereinbart, wenn der Nutzer ihrer Geltung nicht innerhalb von 14 Tagen nach Zugang der E-Mail widerspricht. Der Widerspruch bedarf der Textform. jovoto The new General Terms and Conditions of Use shall apply as agreed if the user does not object to their validity within 14 days after receipt of the email. The objection must be in text form. jovoto will separately notify the user in the email of the possibility of objection, the time period and the consequences of inaction by the user. If the user objects, each party has the right to terminate the use agreement in text form with the notice applicable to ordinary termination.
The possibility of amending the General Terms and Conditions for Use according to the aforementioned provisions exists neither for amendments which affect the content and scope of the core use possibilities of the platform to the detriment of the user, i.e. especially participation in Contests, nor for the introduction of new obligations for the user not imposed hitherto in the General Terms and Conditions for Use. If amendments of the General Terms and Conditions of Use are to be carried out with respect thereto, the user will be offered the chance to continue to use the platform without any changes.
Final Provisions
If the user is a businessman within the meaning of the German Commercial Code (HGB), the place of jurisdiction for all legal disputes arising directly or indirectly from the use relationship between jovoto and the user is Berlin. The law of the Federal Republic of Germany applies exclusively to the contractual relationship between jovoto and the user and to these General Terms and Conditions of Use. The application of German international civil law is excluded.