Youngcom GmbH (hereinafter “Youngcom”) operates the website www.youngbrandawards.de and the voting site www.youngbrandawards.com and www.opinyou.de.
These are the general terms and conditions for www.youngbrandawards.de –
hereinafter also referred to as "website". The offer is provided by Youngcom GmbH, Marktstrasse 10, 33335 Gütersloh.
The following general terms and conditions regulate this
Contractual relationship between Youngcom GmbH and the companies that use the website and/or an award/seal (e.g. "Most Popular Brand", "Top New Product", or similar). "Companies" within the meaning of these terms and conditions are defined in accordance with §14 BGB, i.e. natural and legal persons or partnerships with legal capacity who enter into a business relationship in the exercise of their commercial or independent professional activity.
These general terms and conditions apply exclusively to all companies that use the above offer and/or services from Youngcom. Different terms and conditions are not valid.
§1a Company entry or participation in the voting
(1) Companies can book participation in the voting (company participation) and entry in the database according to the current price list. Participation is only possible after approval by Youngcom.
(2) If Youngcom does not offer an automated process for the entry as part of the registration, entries will only be made on separate request (via the contact form) and after individual authorization. In any case, Youngcom reserves the right to refuse the issuance without giving reasons.
(3) Each entry is in the database for a period of 3 years (36 months) and is then automatically deleted.
§1b Rights of use, use of the seal or the award
(1) Youngcom regularly awards companies, brands and products with seals. Award-winning companies can use the award or the seal “Most popular brand” and “TopNewProduct” for their communication, among other things, and acquire the corresponding rights of use.
(2) The awarding of a seal does not justify any claims on the part of the company. There is also no entitlement to the award of seals, these are granted according to independent procedures (see methodology).
(3) Awarded seals may only be used by companies after completing an order for the agreed type of use. The rights of use are offered for various types of use (online, on-pack, print, TV, etc.). The user fees apply exclusively to the agreed types of use. Use in other media than agreed is not permitted.
(4) Youngcom expressly points out that every authorized user of the seal(s) must ensure that the use of the seal(s) is lawful; in this respect, Youngcom GmbH assumes no guarantee or liability for use. Use is also only permitted in Germany.
(5) In order to ensure the uniform appearance of business activities and advertising with Youngcom GmbH survey results, Youngcom GmbH only permits the use of the awarded seal if the user does not make any graphic changes to the files provided . In particular, Youngcom GmbH only permits the use of the seal if the form is not falsified or cut and the color composition of the seal is retained. If, in individual cases, a multicolored representation of the seal is not possible for technical reasons or is not common due to the medium used, the representation will be in black and white. Uses deviating from this must always be approved
§2 Conclusion of contract
(1) Access to the use of www.youngbrandawards.de as a company and participation in the voting requires registration.
(2) Companies based in Germany can register.
(3) By registering, the company accepts these general terms and conditions. Registration creates a contractual relationship between Youngcom and the registered company, which is based on the provisions of these general terms and conditions.
§3 Description of the scope of services / expiry of booked premium services
(1) Youngcom GmbH operates the portal and voting www.youngbrandawards.de where consumers can find and rate companies and products.
(2) Companies can book paid premium services, the scope and duration of which are based on the offer valid at the time of booking. If the paid service is terminated, the chargeable services are no longer applicable.
(1) In order to use www.youngbrandawards.de, you must first register or participate in the voting. With the successful registration on www.youngbrandawards.de, the company will be included in the directory and the voting on the site within 14 days and can be evaluated after prior consultation and approval of your own questions.
(2) The scope of services can be expanded by choosing a paid premium service (e.g. premium participation). If the company wants to use a chargeable service, it will be informed of the chargeability in advance. In particular, he is informed of the respective additional scope of services, the costs incurred and
the method of payment listed.
(3) The operator reserves the right to calculate different fee models for different booking times and user groups and in particular for different periods of use, as well as to offer different scopes of services.
§5 Terms of payment, due date
(1) Any accrued fee must be paid to Youngcom in advance without deduction (=due date). Term of payment is 4 weeks after invoicing.
§6 Registration, Termination
(1) A user account is authorized for the company and its use. A company must not authorize third parties to use this account. A company may not transfer its account to a third party.
(2) If a company has registered for an entry, the day of the entry counts as the day of the service date and thus of the invoicing. After handing over all relevant content, Youngcom undertakes to publish the profile within 14 days and to make it accessible for the survey. The Company may terminate the entry/entry at any time. In this case, Youngcom will fulfill the services (survey, number of participants, etc.).
(3) Separate tariff rules and billing modalities apply to additional services.
(4) Termination is possible by phone, email or letter and will be confirmed by us in writing. In order for your cancellation to be assigned, the full name, the stored e-mail address and the address of the company should be given.
(5) Youngcom can terminate the contract at any time at its own discretion, with or without prior notice and without giving reasons. Youngcom further reserves the right to remove Profiles and/or any Content posted to the Site by or by the Company. If Youngcom terminates Company registration and/or removes Company profiles or published content, Youngcom is under no obligation to notify Company, nor the reason for the termination or removal.
(6) Companies are obliged not to make any intentional or fraudulent misrepresentations or allegations in their profile, in the questions and other areas of the portal or survey. Such disclosures may result in civil action. The operator also reserves the right to terminate the existing contractual relationship with immediate effect in such a case.
(7) If a user's access is blocked due to a culpable breach of contract and/or the contractual relationship is terminated, the company shall be entitled to damages for the remaining term of the contract in the amount of the agreed fee less the amount saved
Expenses to be paid, but at least in the amount of 500 euros. The amount of the expenses saved is set at a flat rate of 10% of the fee. Both contracting parties are free to prove that the damage and/or the expenses saved are actually higher or lower.
(8) After termination of the contractual relationship, all of the company's data will be deleted, unless legal or contractual retention periods oppose this.
§7 Liability of Youngcom
(1) Youngcom assumes no responsibility for the content and accuracy of the information in the registration, product and profile data or other content generated by the companies. The company will ensure that it has full research on the images, photos, packshots, etc. provided. Likewise, Youngcom assumes no liability for any misuse of information.
(2) Youngcom is only liable for damages resulting from injury to life, limb or health if they are based on an intentional or negligent breach of duty or an intentional or negligent breach of duty by a legal representative or vicarious agent.
(3) Youngcom is not liable at any time for damages resulting from the use and publication of the award/seal. Youncom also does not provide any legal advice on the application and scope of use.
Youngcom is only liable for other damages, insofar as they are not based on the breach of cardinal obligations (obligations whose fulfillment is essential for the proper execution of the contract and on whose observance the contractual partner may regularly rely), if they are caused intentionally or through gross negligence breach of duty or based on an intentional or grossly negligent breach of duty by a legal representative or vicarious agent.
(4) The claims for damages are limited to the foreseeable, contract-typical damage, except in the cases mentioned in paragraph 3. They amount to a maximum of 5% of the order value to Youngcom.
(5) The operator is not liable for unauthorized access to personal user data by third parties (e.g. by "hacking" the database). Likewise, the operator is not liable for the misuse of user information by third parties, which was made accessible to third parties by these users themselves.
(6) Youngcom reserves the right - but does not assume the obligation - to check the content of a text written by a user and uploaded files (images, videos) for compliance with the law and, if necessary, completely or to partially delete it.
www.youngbrandawards.de has an availability of 96 % per year. Availability is understood as the ratio of actual time (IZ) to target time (SZ): VF(%) =(IZ / SZ) *100. Actual time (IZ) is the period during which the system is actually available at the router output of betteract.net's data center. Not included in the target time are maintenance times required for maintaining the system and interruptions for offline backups within reasonable limits (industry standard) as well as interruptions due to force majeure or other causes for which Betreut.de is not responsible, due to intent or gross negligence .
§9 Responsibilities and obligations of the company
(1) The company is solely responsible for the content of the registration and thus for the information it provides about itself and its products. Youngcom is not responsible for claims regarding incorrect, inappropriate or incomplete information provided by companies. The company assures that the information provided by it is true. The company also assures that it will not use the data entrusted to it by third parties for commercial purposes that go beyond the purpose of the platform, including advertising purposes. Without limiting the foregoing, the company declares that he/she has the right to publish the information provided on the website.
(2) Company has the right, and hereby grants Youngcom and its affiliates, affiliates, licensees and successors a revocable, non-exclusive, royalty-free, worldwide right to use, duplicate, use, display, reproduce, adapt, modify and distribute to the Content made available by Company on the Website. The company declares that he/she does not infringe or violate the rights of third parties through the published content and the use of it.
(3) The company understands and accepts that Youngcom may, at its reasonable discretion, review and/or provisionally or permanently delete all content published by the user, in part or in full, especially if, in Youngcom's opinion, it violates these General Terms and Conditions infringes or is inappropriate in the sense of being offensive, illegal or otherwise violates the rights or safety of any third party.
(4) The company undertakes to indemnify Youngcom against such lawsuits, damages, losses or claims arising from culpable, improper registration by the company and/or use of the service or the seals and awards. This relates in particular to the reasonable costs required to properly defend against the claim.
(5) The company undertakes to treat e-mails and other messages confidentially and only make them accessible to third parties with the express prior consent of the sender. This also applies to names, telephone and fax numbers, address data, e-mail addresses and Internet URLs.
(6) The company undertakes not to misuse the service, in particular: not to distribute any defamatory, offensive or otherwise illegal material or information. This applies in particular to pornographic, racist, hate speech or similar content. The company undertakes not to use www.youngbrandawards.de to threaten other users, to harass them, or to violate the rights of third parties.
(7) The company undertakes not to use any mechanisms, software, scripts or other tools in connection with the use of the service that limit or impede the functionality or accessibility of betteract.net. The company is not permitted to change, overwrite, delete or otherwise manipulate any content posted by Youngcom. The company undertakes not to intercept or attempt to intercept system messages and emails intended for other companies/users. The Company undertakes not to post or send e-mails or chain letters or offers of goods or services that are not directly related to the intended purpose.
Without limiting the foregoing, any Company's use of the Website and/or Service, particularly the Content posted by it, must be in compliance with all applicable laws and regulations.
(8) In the event that one of the above behavioral obligations is not observed, this can lead to termination of the contract as well as civil and criminal consequences. Youngcom explicitly reserves the right to exclude the company from the platform if it violates the guidelines when registering or at a later point in time.
§10 Involvement of Third Parties
Youngcom is entitled to commission third parties to provide parts or the entire range of services.
The place of jurisdiction for disputes is Gütersloh.
As of August 19, 2021