Hi! Thanks for stopping by. We are , , and we are pleased to see how much you like our products. We presume you’re here because we have tagged your photo or video. The reason for this is that we would like to ask your permission to use and share your content that we have tagged (“User Generated Content” - “UGC”) as set out below. Thank you for considering this.
1) From time to time, we contact our customers to ask them for permission to reproduce our favourite UGC and to include it on our website, in emails, on social media and in store, or to use it for other marketing purposes.
If you allow us and our partners* (“us”, “we”) to use your UGC as described below, we will quote your account name (or any other designation that you let us know about) linked to your UGC in accordance with § 13 of the German Copyright Act (UrhG) on our website so that everybody knows to whom the fantastic UGC belongs. If technically possible, we will also post your account name linked to the UGC if we use your UGC online or offline for other purposes as specified below. If you do not wish us to show your user name or any other data identifying you that may be included in your UGC, you can ask us to change how we present your UGC accordingly at any time, for example by sending an email to firstname.lastname@example.org. You can also use this address to ask us for information about all details relating to the processing of your personal data in connection with this request for and granting of usage rights as the legal basis for the data processing and, subject to the statutory provisions, assert your rights as a data subject in accordance with Art. 15 – 21 of the General Data Protection Regulation.
As we have to legally protect ourselves and ensure that the UGC actually belongs to you, that we are allowed to circulate it via our channels and that it does not breach anybody else’s rights, we are now going to get a bit formal. To do this, we specifically need you to grant us the appropriate rights.
2) By responding to this usage rights request with the hashtag , you grant us the following usage permit under the following licence conditions. For this purpose, you confirm that you are a natural person over the age of eighteen (18) years or that you have obtained your parent’s consent to grant the usage permit in respect of your UGC.
You hereby grant us rights of use in respect of your UGC that we have tagged as set out below. If you do not explicitly grant us rights of use to your UGC, such rights of use do not exist.
You grant us and our partners the non-exclusive right, unrestricted in terms of time and location, to use your UGC as follows:
This Licence is granted free of charge. We therefore do not owe you any payment in connection with the use of your UGC. The Licence is:
We reserve the right to stop using your UGC at any time without notification and to remove it from our marketing channels without compensation.
You undertake to indemnify us upon first request against all third-party claims as a result of any breach of this. This includes the costs for our legal defence (in particular lawyers’ fees and court costs in the statutory amount).
This Agreement and any disputes arising herefrom are governed exclusively by GERMAN law to the exclusion of the UN Convention on Contracts for the International Sale of Goods. If you are a consumer, this choice of law applies unless the granted protection is withdrawn by mandatory provisions of the law of the country in which you have your usual place of residence. If you are a trader, entrepreneur within the meaning of § 14 of the German Civil Code (BGB), a legal entity under public law or a special fund under public law, or if you have no place of general jurisdiction in the Federal Republic of Germany, the exclusive place of jurisdiction – including international jurisdiction – for all disputes arising out of or in connection with this Agreement will be our registered office.
The European Commission provides a platform for extrajudicial online dispute resolution which can be accessed at www.ec.europa.eu/consumers/odr. We are neither obliged nor willing to participate in dispute resolution procedures before a consumer arbitration board.