The operator of the online platform jovoto.com (hereinafter referred to as platform) is Jovoto GmbH, Prinzessinnenstrasse 20, 10969 Berlin (hereinafter referred to as jovoto).
1.1 ‘User’ is any natural person or legal entity that has registered to participate in the platform. As part of the registration process, the person concerned must indicate whether the registration is being made on his own behalf or as a representative of a legal entity. If the person performing registration is acting on behalf of a legal entity, that person must guarantee that he is authorized to represent the legal entity. If registration is performed on behalf of a legal entity, the person performing registration, as well as the legal entity, are considered to be “users” according to this agreement.
2. Registration and Conclusion of the User Agreement
2.1 Underage persons or other persons without the legal capacity, or with restricted legal capacity, to enter into a contract are not allowed to register to use the platform without the consent of their legal guardian(s).
2.3 jovoto reserves the right to decline a user’s registration without giving any reason.
2.4 In any event, the user is obliged to provide truthful and, where the data in question is mandatory, complete details for the information required during registration. In particular, the user is not permitted to enter details of third parties. jovoto reserves the right to demand proof of the user’s identity and of the authenticity of the details provided in the course of registration. Furthermore, jovoto also reserves the right to verify the user’s identity by reading out technical information (such as IP address, etc.) or through the use of other technical means. After registration, the user must update any details supplied in his user account should these change. Multiple registrations under different user names are not permitted.
2.5 The user specifies a user name and password (hereinafter referred to as “login data”) in the course of registration. The user must keep the login data secret and store them safely from access by unauthorized third parties. It is not permitted to disclose these details to third parties, including other users. If the user loses the login data, or if he discovers or suspects that the login data are being used by an unauthorized third party, he must report this to jovoto immediately.
3. Right of Cancelation
If the user is a consumer under the terms of Article 13 German Civil Code (BGB), he has a legal right of cancelation, the details of which are as follows:
Right of Cancelation
The user may cancel his contract in writing (e.g. by letter, fax, e-mail) within one month. The cancelation period commences at the earliest on the day following the date when the user receives these instructions separately in text form. It is sufficient to send the cancelation in time in order to comply with this period of cancelation. Notification of cancelation should be sent to:
Consequences of Cancelation
In the event of effective cancelation, each party will be liable to return any performance received and surrender any benefits gained from the agreement (e.g. interest). The user must meet any obligation to reimburse payment within 30 days of sending the declaration of cancelation.
The user’s right of cancelation will lapse prematurely if the agreement has been fulfilled by both parties at the user’s express request before the user has exercised his right of cancelation.
jovoto or other external companies regularly organize contests on the platform in which participating users can win money and other prizes sponsored either by external companies or by jovoto (hereinafter referred to as “projects”).
jovoto and the project sponsor reserve the right to terminate any project prematurely or without disclosing reasons. jovoto and the project sponsor reserve the right to restrict access to particular projects to specific users or user groups and to make participation subject to special terms. jovoto may introduce corresponding categories for this purpose.
In addition, the following terms apply to projects:
4.1 Placing & Evaluating Ideas
4.1.1 As a general principle, the community decides which idea wins a project and/or which place the idea takes.
4.1.2 A jury may also be appointed that can provide ratings independently of the community where this is expressly disclosed in the briefing or other declarations on the platform. Separate prizes may also be provided for ideas in the event of jury-based rating.
4.1.3 Every user of the platform can rate an idea using the jovoto rating system. Ratings are processed using an algorithm provided by jovoto in order to avoid incorrect weighting (e.g. one positive rating with no negative rating would yield a result of 100 % endorsement, while 98 positive ratings and two negative ratings would only result in a 98 % endorsement; the algorithm is designed to compensate for such distortions). The idea that scores the highest rating wins the project. jovoto reserves the right to adapt the algorithm to changing circumstances in order to ensure that as many equitable results as possible are achieved. The algorithm is one of jovoto’s commercial secrets and therefore cannot be revealed to users.
4.1.4 Ratings can be awarded as soon as the first idea has been placed in the project. At the end of the submission stage, ratings can continue to be given up to the cut-off date indicated in the briefing (hereinafter referred to as “rating deadline”).
4.2 Prizes and Disbursement of Prize Money
4.2.1 jovoto checks over the entire course of the project and after the final submission date whether there are any indications of possible abuse of the rating function. If this is not the case, jovoto will announce the first place on the platform. In the event of any suspicion of abuse of the rating function during the evaluation period, jovoto reserves the right to revoke the ratings for the users in question or the entire voting process. In the latter case, the result for the entire project will be revoked; the prizes offered will not be disbursed.
4.2.2 The winner of a project receives the main prize offered while the following places in descending order receive the other prizes where these are offered. jovoto will contact the users in question prior to disbursement being made. The user is obliged to provide jovoto with his full proper name, address and account details if he has not already done so in his profile. In particular, jovoto may require the user to send copies of official documents (e.g. identity card).
4.3 Payment via PayPal
4.3.1 jovoto will effect payment via PayPal.
4.3.2 If the winner of a project does not wish to receive payment via PayPal, payment can also be effected by bank transfer. The costs associated with the bank transfer and any charge backs or other fees and costs will be borne by the user.
4.3.2 jovoto reserves the right to perform a check on the identity of the user and verification of the user’s bank or PayPal account before transfering the prize. The user undertakes to collaborate with verification in a suitable manner. jovoto is entitled to refuse to disburse the prize if the user fails to cooperate in the appropriate manner.
4.4 Credit Voucher
4.4.1 The user will receive a credit voucher as proof of winning. The credit voucher is issued by jovoto as evidence of the win and is sent to the prize winner on disbursement of the prize. jovoto can make the disbursement of the prize dependent on the user issuing a due and proper invoice for the prize money indicating jovoto as invoicee. The invoice must contain all the information required to meet country-specific tax regulations and which jovoto requires in order to claim tax. jovoto will inform the user about the tax requirement on request.
4.4.2 The winner bears sole responsibility for payment of any tax due in connection with winning a prize.
5. Uploading Work Samples to a User’s Profile
5.1 The user can present himself and his talent to the general public and the community in the user profile on the platform. To this end, he can upload digital work samples, in particular picture, video and audio files in popular formats, to his user profile. jovoto reserves the right to reject or to delete the work samples uploaded to the user’s profile without giving any reason.
5.2 Users uploading a work sample to their user profile grant to jovoto non-exclusive transferable rights, without restriction on time, space or content, to use the content to the extent required for the operation of the platform. In particular, the user grants to jovoto the right to hold the work samples on the platform for downloading by third parties (making them available to the public) and to make any copies necessary for this purpose. The user also grants to jovoto the right to edit the works in question in order to present them more favorably on the website.
5.3 In some circumstances, a user wishing to participate in restricted-access projects may have to submit work samples.
5.4 The provisions in section 12 apply accordingly to the user’s work samples.
6. Writing Messages / Networking
It is possible for a user to send other users messages via the messaging system provided by jovoto and to add other users as contacts to his profile. The user is in no way permitted to use the messaging system or networking functions in an automated manner, e.g. for spamming or in order to add friends. Furthermore, the user must respect another user’s express wish not to be, or no longer to be, contacted.
7. Rights of Use
7.1 Granting Rights of Use to jovoto through Participation in a Project or Submission of an Idea
Even when participating in a project or submitting an idea, the user still retains the right, without restriction on content, time or space, to use his own idea for the purpose of self-promotion, provided he observes the rights of third parties, in particular those of the Customer. jovoto wishes to point out explicitly that participation in a project and/or submission of an idea does not give the user any right to use material that was not created by him. In particular, participation in the project does not give the user any right to use the logo or other materials belonging to the project sponsor (advertising customer) or to third parties.
PLEASE NOTE. IMPORTANT!
By placing an idea in a project, the user grants to jovoto and to the customer as organizer of the project the rights of use listed in section 7. Furthermore, the user also makes a binding offer, limited to six months following submission of the idea, to conclude an agreement concerning the use of the works created by him in the sense of the conditions for project. The user undertakes, for a period of six months following submission of the idea, not to exploit this idea in other ways, or to cede or offer it to any third party.
7.1.1 A user placing an idea in a project grants to jovoto non-exclusive transferable rights, without restriction on time, space or content, to use the idea, including associated creative works and any comments submitted therewith, to the extent required for the operation of the platform. In particular, the user grants to jovoto the right to every comment and/or idea and the associated works on the platform for downloading by third parties and to make any copies necessary for this purpose. The user also grants to jovoto the right to edit the works in question in order to present them more favorably on the website.
7.1.2 In addition, the user grants to jovoto the right to make the comment and/or idea and the associated works publicly accessible for the purpose of presentation beyond the confines of the project, for example in the jovoto newsletter or in its blog, and to edit them, in particular to create and present summaries or individual pictures of videos and texts, scaled-down versions of photographs (‘thumbnails’), etc.
7.1.3 Furthermore, the user grants to jovoto the non-exclusive right, without restriction on content, time or space, to use the ideas and associated works in any medium for the purpose of communicating and promoting the project and/or ideas submitted to the project. To this end, jovoto may reproduce the ideas and associated works, distribute, edit, rearrange them, make them publicly accessible, broadcast and publicly play them in other ways, whereby this includes, in particular, making them available or broadcasting them by transmitting the content to fixed or mobile terminal devices of other users as part of automated subscription services (push services) or download services (pull services) (e.g. by podcast, RSS feed, Atom feed, XML interface or other technologies). The parties to this agreement consider the right of public reproduction also to include, in particular, the right to render the idea and associated works on the website using methods to play back audio and video data that can be received and simultaneously played by users (streaming), including the possibility of configuring the stream in such a way that the broadcast data can be stored by the recipient. In order to document the project and/or to promote the platform, jovoto may in particular include the user’s idea, alone or together with the ideas of other users, in a catalog of ideas, which will be made available to the customer on conclusion of a project, and which it may reproduce as a different form of print publication and distribute (together as poster), where this serves as an appropriate form of publication for the platform, present at trade fairs (in particular in the form of banners, posters, video clips), make accessible as “best cases” on the platform, also in conjunction with other projects, or make generally publicly available, include in press releases or make available to third parties in the course of normal public relations work (for example for external press reports in journals).
7.1.4 In order to secure the greatest possible level of awareness and reach for the user’s ideas, the user additionally grants to jovoto the right to publish the user’s rights, and/or to have them published, on the websites of external providers, to make the reproductions required for this and to transfer the individual works (i.e. the corresponding files) to the relevant third party, and/or to grant these providers technical access to the ideas for the above-mentioned purposes, including the right to reproduce the ideas for inclusion in their own websites. In order to achieve the aims mentioned in this sub-section, jovoto may use commonly available technical methods (e.g. embedded functions). The user therefore consents to the relevant third-party provider accepting the works in question and also publishing them.
7.1.5 The user will receive no monetary recompense for granting the aforementioned rights of use to jovoto. In return for being granted the rights, jovoto presents the user’s idea on the platform and gives him the opportunity to sell his ideas to third parties or to jovoto and to participate with his ideas in projects. The parties regard this return service as appropriate recompense.
7.1.6 jovoto endeavors wherever possible to allow the user every freedom to exploit his ideas vis-à-vis third parties. Within the scope of projects, the user may, where applicable, have the opportunity to subject his idea to open content licensing terms (such as Creative Commons licensing). Whether this is the case for the content in question (including the associated details), it will be specified in the relevant briefing.
7.1.7 jovoto reserves the right to display third-party advertising in user profiles and to reserve advertising space on the profile pages for this purpose.
7.1.8 Notwithstanding the opportunity to present his own work samples and the associated self-advertising this provides, the user may not use the user profile to advertise his own commercial offering (in the form of price lists, etc.). Any advertising for third-party offerings is forbidden.
7.2 Granting of Rights of Use to the Project Sponsor / Advertising Customers by Participating in a Project or Submitting an Idea
7.2.1 By participating in a project, the user grants to the project sponsor or the advertising customer the non-exclusive right of use, without restriction on content, time or space, to present the idea or work as such outside of advertising campaigns or in order to promote the project, alone or together with the ideas and works of other users participating in the project, in any medium, whereby jovoto explicitly requires the original author to be named. Moreover, the user grants to the customer the right to use the ideas and works for the purpose of internal and external market research and for preparing the purchase of the exclusive rights of use to the ideas and works. This requires restrictions on the distribution of, and public accessibility to, the ideas and works.
7.2.2 The rights to the use of the user’s ideas and works for advertising campaigns are governed by section 7.1 and the framework contract for work which is then concluded between jovoto and the user.
7.3 In technical terms, the platform is a highly complex system with a large number of links. User content builds on from different user content and is cross-linked with it in many ways, etc. In addition, as a platform for creative services, the platform must provide a high degree of transparency and traceability – also covering the possibility of investigating or searching through events set in the past. The granting of rights of use in accordance with this section 7 is therefore irrevocable and extends beyond any end date of the user agreement. Content submitted by the user to the platform can therefore remain accessible on the platform even after this user agreement terminates or the user is no longer a user of the platform for other reasons.
8. Impermissible Content
8.1 The user assures jovoto that he will not submit to the platform any illegal or other impermissible content in accordance with this clause, nor will he offer such content, make such content accessible or advertise it.
The applies in particular to content (especially graphics, videos, photographs, pieces of music and text)
● which contravenes the provisions of the German criminal code or other criminal norms and/or represents means of propaganda in terms of paragraph 86 of the German criminal code,
● which challenges the free democratic basic order or the concept of international understanding,
● which uses the symbols of unconstitutional organizations in terms of paragraph 86a of the German criminal code,
● which incites hate against sections of the population or against a specific national, racial, religious or ethnic group, which advocates violence or arbitrary acts against them, which attacks the dignity of others by insulting, maliciously offending or defaming sections of the population or any of the aforementioned groups or which depicts cruel or otherwise brutal violence against humans in any way,
● which glorifies or trivializes such acts of violence or which portrays the cruelty or brutality of an action in a manner that violates human dignity; this also applies to virtual representations that glorify war, violate human dignity, in particular through the portrayal of people dying or who are or have been exposed to extreme physical or mental suffering, while reporting actual facts without any justified public interest in such form of representation or reporting being given; any agreement granted is irrelevant,
● which portrays children or young people in unnatural and blatantly sexual positions, which is pornographic or which depicts violence, the sexual abuse of children or young people or sexual acts between humans and animals, which has been included in sections B and D of the list according to paragraph 18 of the German Young Persons Protection Act (JuSchG), or whose contents are equivalent to or broadly similar to a work included in such list (absolute prohibition in terms of paragraph 4, section 1 Federal Treaty on the Protection of Minors in Media – JMStV),
● which in any other way is pornographic, which has been included in sections A and C of the list according to paragraph 18 of the German Young Persons Protection Act (JuSchG) or whose content is equivalent to or broadly similar to a work included in such list, and/or is clearly likely to seriously endanger the development of children and young people or their upbringing to become independent and active members of society, taking into account the specific effect of the medium of transmission (relative prohibition in terms of paragraph 4, section 2 Federal Treaty on the Protection of Minors in Media – JMStV).
The user must notify jovoto of any content which is likely to pose a risk to the development of children and young people or their upbringing to become independent and active members of society, in particular such content which according to the German Young Persons Protection Act has not been approved for the relevant age group, or which is largely similar to offerings that, according to the German Young Persons Protection Act, have not been approved for the relevant age group (development-impairing offerings in terms of paragraph 5 section 2 Federal Treaty on the Protection of Minors in Media – JMStV).
8.2 All the above provisions also apply to virtual representations.
8.3 In particular, content that is insulting, defamatory or is any other way derogatory is also illegal.
8.4 Content is also prohibited which infringes the right to the protection of personal privacy and the right to one’s own image, since it infringes the rights of third parties. The user must, in particular, guarantee that photographs, graphics and videos submitted only depict persons who consent to the publication of their image on platforms such as jovoto.com and to its further use by a company, above all in advertising. It is immaterial in this context whether the works involve only a person who is incidental to the subject, i.e. is in the background of the main motif of the image, photograph or video, largely escapes the attention of the viewer and has no influence on the subject of the work. The consent of the appropriate legal guardian must be obtained if the person depicted has no full legal capacity.
8.5 Content is also prohibited whose use on the platform or by third parties, in particular customers, would infringe rights relating to copyright, design, performance protection rights and trademarks of third parties. Content subject to rights utilization through the Society for Musical Performance and Mechanical Reproduction Rights (GEMA) may not be submitted to jovoto in any circumstance.
8.6 Furthermore, the user is not allowed to set hyperlinks in his user profile that reference offerings of third parties when the websites concerned include content that is covered by the above provisions.
8.7 Content that infringes the above provisions, or any other objectionable content, may be reported to jovoto using a procedure intended for this purpose.
9. Viruses, etc.
It is forbidden to upload viruses, Trojans, corresponding scripts and programs and similar harmful code to the platform. The same applies to denial-of-service and similar attacks (e.g. hacking) on the platform and/or individual user profiles.
10. Rating and Commenting on other Users’ Ideas
10.1 Under certain circumstances, users may rate and comment upon the ideas and associated works of other users in the course of a project. A user must attain a certain karma value in order to be able to rate the ideas of other users. A specific karma value may also be the prerequisite for commenting on and rating ideas in so-called private projects. What karma value applies, and how the user can attain this, is fixed in the relevant conditions specified by jovoto. jovoto can modify or repeal these conditions at its own discretion.
10.2 Ratings and comments are publicly accessible.
10.3 Ratings are processed using an algorithm provided by jovoto in order to avoid incorrect weighting (e.g. one positive rating with no negative rating would yield a result of 100 % endorsement, while 98 positive ratings and two negative ratings would only result in a 98 % endorsement; the algorithm is designed to compensate for such distortions). The idea that scores the highest rating wins the project. jovoto reserves the right to adapt the algorithm to changing circumstances in order to ensure that as many equitable results as possible are achieved. The algorithm is one of jovoto’s commercial secrets and therefore cannot be revealed to users.
10.4 You can find further rules governing the platform’s commenting and voting function in section “Misuse of the Voting Function” below.
11. Voting Function
11.1 Voting is an essential function of the jovoto community. Users must endeavor to be as objective as possible and to observe the conditions and criteria which apply to voting. The following rules apply in order to guarantee the integrity of voting:
● The user may not give a rating to ideas with whose development he was involved.
● Furthermore, it is forbidden to give ratings using false or third-party user accounts.
● The user undertakes to submit objective ratings and to use the full range of the voting system.
● The user is obliged to respect the rights of other users in ratings and comments. In particular, this involves refraining from insulting other users or harming their ideas. Criticism is allowed, but it must be objective and appropriate.
● Furthermore, it is not allowed to collude with other users in order to express or submit specific comments or ratings.
● It is not permitted to induce other members to submit specific ratings, whether through the use of threats, the offer of benefits, the submission of mutually positive ratings, or in any other way.
11.2 In cases where jovoto suspects that the rules have been infringed, it may disable the user account(s) temporarily or permanently, exclude the user(s) from the platform and/or, in the event of repeated infringements, exercise its right of extraordinary termination of contract. jovoto monitors and analyses all voting processes and will intervene where necessary. jovoto reserves the right to annul the votes of individual users when it suspects manipulation and may, as a consequence, modify the result of a project appropriately.
12. User’s Guarantee, Indemnity
12.1 The user guarantees that he has developed all ideas, and works associated with the ideas together with the individual elements, himself, and that he is the owner of all rights that are necessary in order to grant the rights of use in accordance with section 7 and to meet any other applicable conditions. The user also guarantees that his ideas and associated works are free of any third-party rights.
12.2 In the event that claims are asserted against jovoto by third parties, the user will indemnify jovoto from any liability and costs, including any costs of legal proceedings.
12.3 The same applies in the event of claims asserted by third parties when the user culpably infringes legal positions of third parties, in particular trademark rights or personal rights, or other legal provisions (such as prohibitions contained in the Act Against Unfair Practices – UWG) through the subject of the content, irrespective of the copyright thereto.
13. jovoto’s Liability
jovoto is liable in accordance with legal provisions subject to the following restrictions:
13.1 jovoto will not be liable for damage suffered by the user as a result of the loss of data where the damage would have been avoided through a regular and complete backup of all relevant data by the user.
13.2 In the event of slightly negligent actions or omissions, liability on the part of jovoto is excluded for damage which is not normally associated with this type of agreement or which was unforeseen, unless injury to life, body or health is involved.
15. Term and Termination of the User Agreement
15.2 They can be terminated by the user at any time with a period of notice of two weeks. The two-week period of notice also applies to jovoto. However, jovoto will not give normal notice of termination of a user account where the user concerned is currently participating in a project.
15.4 In the event that a user account is disabled or jovoto terminates the agreement for an important reason, the user concerned is prohibited from re-registering for the platform and opening a new account subject to the express prior consent of jovoto.
16. Data Protection
All information relating to data protection and data security can be found in the data protection declaration.
18. Final Provisions
18.1 If the user is a businessperson in the sense of the German Commercial Code (HGB), the place of jurisdiction for all legal disputes arising directly or indirectly from the contractual relationship is Berlin.