Terms of use

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Terms of use

Your KiVVON terms of use

The services on KiVVON are provided to you by us, KiVVON Media GmbH, Berlin. Take the time to read our terms of use carefully. These Terms of Use and our Content Policy are the binding basis for your access to the platform and the use of our offers on kivvon.com (KiVVON).

When you register for a user account on KiVVON, you will be expressly asked to confirm that you have taken note of these Terms of Use and that you accept their validity.

The masculine form used to refer to persons in this document always refers to female, male and diverse persons at the same time. For the sole purpose of better readability, gender-specific spelling and multiple designations are not used. All personal designations are therefore to be understood as gender-neutral.

1. about KiVVON

We refer to the content and comments posted on KiVVON as content. KiVVON offers you up-to-date editorial and journalistic content and you choose your topics and interests. You have the opportunity to react to content by writing comments and posting your own content of any kind (texts, images, audio files and videos) and to exchange ideas with others.

You can freely determine which topics, which channels or which other users should recommend and display content to you. In order to interact with content on the platform, you must register for a user account on KiVVON. You can comment on other people’s content or contribute to your favorite channel of choice by providing your own content. And if you create your own high-reach content and believe that it is too good to be lost in the masses on other platforms, you can become a channel owner (publisher) on KiVVON.

2. use of KiVVON

2.1. KiVVON is a freely accessible platform that is basically free of charge for users. When you use KiVVON, a binding contract of use is concluded between you and us. The subject matter of this agreement is these Terms of Use and our other policies incorporated herein; in particular our Content Policy, which you can find here.

2.2 Access to paid content: On KiVVON, publishers (channel owners) have the option of providing content for a fee, which is made accessible through a one-off payment. You are free to use these fee-based offers. The respective price for access to content is clearly displayed before activation.

Payment options: You can choose between two payment methods to activate the content:

1. one-time payment: You pay the displayed price directly to unlock the content.

2. credit top-up: You can load credit onto your KiVVON wallet that can be used for future activations. Please note that this credit is non-refundable. By topping up your credit, you acquire a volume in advance that can be used to activate content.

Advantages of credit: The procedure with credit can speed up the activation of content compared to one-off payments.

2.3. To use KiVVON, you must be at least 16 years old when you register. If you are under 18 years of age, you need the consent of your parents or legal guardians to register for a user account on KiVVON. Your parents or legal guardians must have taken note of these conditions in order to give their consent effectively. If your parents or legal guardians consent to your use of KiVVON as a minor, they are responsible for your activities on KiVVON.

2.4. You are prohibited from using KiVVON if we have already deactivated a user account of yours once due to violations of these Terms of Use or other contractual requirements or you are excluded from our service under generally applicable laws.

3. your user account

3.1. When you open your user account on KiVVON, you are obliged toto provide the required information correctly and completely. The e-mail address you provide is also used for our communication with you. If you provide false information when opening your user account, we have the option of blocking your user account and deleting your content. You are obliged to keep the data with which you have registered up to date. You are aware that we may disclose your data to authorized authorities in the event of certain criminal and civil law claims, for example in the event of insults or suspicion of criminal offences.

3.2. When you create your user account, you can choose a pseudonym as your username, which does not have to be your real name. The user name can be freely chosen by you as long as you do not violate the rights of third parties (e.g. personal or trademark rights) or the pseudonym has not already been chosen by another user. Domain names or URLs are not permitted as user names. In the event that we come to the conclusion that the user name you have chosen is likely to infringe the rights of third parties or violate the principles of our Content Policy, we reserve the right to change the user name you have chosen.

3.3. Should you violate these obligations and your user account are used by third parties, you are liable for all activities that take place using your user account. You are only not liable if you are demonstrably not responsible for the misuse of your user account.

4. your content on KiVVON

4.1. With your own KiVVON account, you have almost unlimited options at your disposalto react to posts on KiVVON or the comments of other users. You can post your content in almost any format (text, images, videos, voice messages, music, etc.). The prerequisite for the publication of your content is that you adhere to our content guidelines and do not violate any other legal requirements or rights of our channel owners, other users or us.

4.2. Among other things, you are obliged to do so,

– not to upload or link to any content on KiVVON that violates applicable law or common decency through its content, form or design or in any other way. Please ensure that your content does not violate criminal, competition or youth protection laws or infringe the rights of third parties, for example name, trademark, copyright, image and data protection rights;
– not to post illegal, misleading, discriminatory or fraudulent content or actions;
– to treat other users with respect and not to be insulting or unobjective if you have a different opinion;
– not to remove the anonymity of other users, not to disclose information of other users from private messages, e-mails or chats that are not intended for the public or to post other private or confidential information of other persons without their express consent;
– not to attempt to create additional user accounts in an unauthorized manner;
– not to upload viruses or malicious code or do anything that could affect the proper functioning or appearance of our platform;
– not to use automated methods to access, collect or otherwise attempt to access content and other data on our Platform that you are not authorized to access without our express prior consent;
– not to link to websites and content in your postings that contradict our content policy or legal requirements.

4.3. You must refrain from doing anything that could jeopardize the operation of KiVVON or the underlying technical infrastructure. This includes in particular: the use of automated procedures, scripts or databases in connection with the use of the platform; the automatic reading, blocking, overwriting, modification, copying of data and/or other content, unless this is necessary for the proper use of the platform and has been expressly authorized by us in advance.

5. responsibility for your content

5.1. You alone are responsible for the content you post on KiVVON. Your content on KiVVON is subject to our Content Policy, which you expressly accept together with these Terms of Use when you open your KIVVON account.

5.2. If your use of content constitutes an infringement of third-party rights or legal requirements, we are obliged to remove this content after gaining positive knowledge of this infringement. In this case, we will be guided by the relevant provisions of the Network Enforcement Act (NetDG).

5.3. You are solely responsible for content that is uploaded and posted by you. We are to be indemnified by you against any damages resulting from recourse or a claim due to an infringement of industrial property rights (in particular copyrights, trademark rights and rights to a name) for which you are responsible as well as general personal rights due to content posted by you on KiVVON or other conduct by you on and in connection with KiVVON. You undertake to reimburse KiVVON for all costs incurred by us as a result of third party claims arising from the aforementioned actions. Furthermore, you undertake to support us in the defense against such claims. Reimbursable costs also include the costs of an appropriate legal defense.

6. compliance with copyright and trademark law

6.1. Only content that you have created yourself may be posted on KiVVON or for the use of which you have all necessary rights for other reasons; in particular, for which you have the necessary copyrights and/or trademark rights.

6.2. There is copyrighted content on the Internet (e.g. images) for which the rights holder grants you the necessary license rights for use free of charge. You must clarify beyond doubt whether and to what extent this is actually the case. If you have any doubts as to whether you have the necessary rights to the content you are using, you should not use it on KiVVON. Please note that the granting of rights to use content free of charge may be linked to the author’s binding request that he always be named as the author when his work is used. On the other hand, linking to third-party, freely accessible content on the Internet is possible without restriction.

6.3. Freely accessible content from KiVVON can be downloaded by you on other websites by embedding or framing and of course link from there to content on KiVVON. This does not constitute an infringement of copyright, unless we have taken technical measures against embedding in individual cases and you deliberately circumvent them.

7. your rights of use granted to KiVVON

7.1. When you post content on KiVVON, you are granting us to store, use, distribute, modify, perform, reproduce, publicly perform and make available, translate and create derivative works from your content free of charge, without any restrictions in terms of time and place, non-exclusive, transferable and sublicensable rights of use. You grant us these rights solely for the purpose of enabling us to provide KiVVON as a service. For example, if you upload a picture of yourself to KiVVON, you grant us the necessary authorization to store your picture on our servers, copy it to other systems, process it for the purpose of operating our platform and display it to our users. If necessary, we have the right to edit your contributions, for example to add to, shorten or correct them.

7.2. You waive your right to be named as the author in any case.

7.3. We may use advertising in the context of your contributions to finance of our offer on KiVVON. This does not result in any entitlement to remuneration for you.

8. support of channel as contributor

8.1. When you have found your favorite channel on KiVVON and would like to contribute to its design, you have the opportunity to do so as a contributor. The prerequisite is that the channel owner has made it possible to send him content for publication in the channel via the platform.

8.2. When you publish your content, you will be identified with your username named as a contributor in the channel and on the platform. The channel owner may check and edit your content before and after publication in their channel, e.g. add to, shorten or correct it. The channel owner is under no obligation to publish your content. In the case of publication on his channel, he can also remove the content at any time.

8.3. You grant the channel owner the following when sending your content free of charge, non-exclusive, transferable and sub-licensable rights of use, unlimited in time and space, as set out in para. 7.1. In particular, this means that the channel owner may post your edited content in his channel on KiVVON and give us the necessary rights so that we can make this content publicly accessible and distribute it on the platform.

8.4. Even if the channel owner should publish your content, you are still responsible for your content as described in point. 5 described.

8.5. The channel owner receives from you the right transferable to usto place advertising in the environment of your content published by the channel owner. You are not entitled to remuneration for granting the rights of use to your content to the channel owner and monetization through the placement of advertising; Sections 32 et seq. UrhG are excluded here.

9. advertising ban for users

As a user, you are prohibited from posting advertising for goods or services of yourself or third parties on KiVVON or linking to such advertising unless we have given you prior written permission to do so in individual cases. In the event of a breach of this provision, we will delete your advertising content or link and check whether the conditions for deactivating your user account are met.

10. our rights to the brand, design and our own content

10.1. You agree thatnot to reproduce or copy KiVVON in whole or in part. We expressly reserve all rights to our trademarks, logos, program codes, techniques, graphics, designs and collective or database works.

10.2. We are happy about every link to content on KiVVON and the embedding of content from KiVVON on other sites on the web. However, copying and distributing the content beyond this violates the copyright of our users, channel owners and us. If you wish to quote from content on KiVVON, you are obliged to cite KiVVON as the source.

11 Our brand usage policy

The word mark ‘KIVVON’ is internationally protected as a registered word mark. But of course we appreciate every mention of KiVVON and the representation of our brand and designs – in whatever form – by you outside of our platform. This is permissible if it is expressly permitted in our brand usage guidelines or if we have expressly permitted it in writing in advance. Our brand guidelines give you guidance on how our brand and logos should be used.

12. illegal content according to the NetzDG

12.1. In the event that you are concerned about content posted by other usersIf you would like to complain about a KiVVON link because you have the impression that it appears to contain illegal, criminally relevant content, we will set up a suitable procedure in accordance with the Network Enforcement Act (NetzDG) so that you can reach us directly via the corresponding links on KiVVON.

12.2. After taking note of your complaint, we will checkwhether the content reported in the complaint is unlawful and must be removed from the platform. In the case of obviously illegal content, we remove or block it as quickly as possible.

12.3. However, insofar as the decision on the unlawfulness of the content depends on the falsity of a factual allegation or recognizably on other factual circumstances, we will give the user who posted the content in question the opportunity to comment on the complaint before making a decision. We will inform you and the user who has posted the offending content of each decision, stating the reasons for our decision.

12.4. In the event of removal of the offending content We save this content from the platform for evidence purposes and store it for this purpose for a period of ten weeks.

13. no liability for external links

13.1. KiVVON may contain links to third-party websitesthat neither belong to KiVVON nor are checked by KiVVON. As a matter of principle, we do not adopt the content of third-party websites as our own. Should we adopt such content as our own in exceptional cases, this will be expressly indicated by us in each individual case. If KiVVON becomes aware of illegal content on a linked website, we will remove the link immediately after checking it.

13.2. KiVVON does not make any recommendations for information or products and therefore bears no responsibility for them. If you click on external links, you do so at your own risk. We exclude any liability for access to other services, third-party content or websites on our behalf.

14. termination

14.1. You can terminate your existing user contract with KiVVON at any time by deactivating your user account immediately.

14.2. Your termination does not automatically lead to the deletion of your content. The rights to your content that you have transferred to KiVVON continue to exist even after termination of the contract of use. You must initiate the permanent deletion of your content separately in your user account. It is not possible to reverse the deletion. If your user account has already been deactivated as a result of your termination, we will delete your content after receiving your request to do so. In order to legitimize yourself in this case, please send a written request to delete your content by e-mail from the e-mail address used for your registration with KiVVON and also state your user name on KiVVON.

14.3. The personal data associated with your user account will be deleted by us after deactivation of your account and deletion of all your content.

14.4. KiVVON has the right to terminate the existing user contract with you at any time for good cause and without prior notice. In this case, we will deactivate your user account so that you no longer have access to KiVVON as a registered user. Good cause may exist in particular if you violate the obligations arising from these Terms of Use, our Content Policy, laws or the rights of third parties and we cannot reasonably be expected to continue to grant you access as a registered user due to the severity or frequency of your violation. If you believe that we have deactivated your account in error or for no reason, you can send us an e-mail requesting that we check and, if necessary, reactivate your user account.

14.5. KiVVON may deny your access to your user account in the event of The user may also temporarily deactivate the service for suitable reasons at his own discretion for the purpose of checking whether the conditions for permanent deactivation are met. In this case, you will receive a corresponding notification from us with reasons for the deactivation and the opportunity for you to comment. If deactivation does not appear to be justified, we will reactivate your user account.

15. liability

15.1. KiVVON is committed to providing the best possible service. with high availability and relevant content. However, our service and content on KiVVON are generally offered without warranty and without implied or express guarantees. This means, for example, that we cannot guarantee the continuous availability of our servers or that the use of our services will be fully or partially restricted for other reasons. This exclusion does not apply if we have made individual contractual arrangements with you that deviate from this in the case of the agreement of chargeable services. You are not entitled to maintain individual functionalities on KiVVON. We may restrict access to the platform in whole or in part, temporarily or permanently, due to maintenance work, capacity issues and events beyond our control.

15.2. We are generally not liable for damages in connection with with the operation and your use of KiVVON. However, this general exclusion of liability does not apply in cases of damage caused intentionally or by gross negligence, or in cases of damage resulting from injury to life, limb or health. In the event of a breach of material contractual obligations due to simple negligence, KiVVON’s liability shall be limited to compensation for foreseeable damage typical of the contract. Essential contractual obligations are abstractly those obligations whose fulfillment is essential for the proper execution of a contract and on whose compliance the contracting parties may regularly rely. Except in the cases mentioned above, we are not liable for damages caused by simple negligence. Insofar as our liability is excluded or limited in accordance with the above paragraphs, this shall also apply to the liability of our vicarious agents and assistants.

16. data protection

16.1. You can find our privacy policy here.

16.2. We do not share your personal data with third partiessuch as our advertising customers. We would only pass on information that directly identifies you (such as your name, e-mail address or other contact information) if you expressly allow us to do so. On the other hand, advertisers can tell us, for example, which target group should see their ads. We then show these ads to users who may be interested in them. We provide our channel owners and advertisers with reports on the views of their content and the performance of their advertisements so that they can use this information to optimize their offering, among other things.

17. amendment of the terms of use

17.1. We are constantly working on further development and improvement our services, other offers and functions. We will therefore need to amend and update these terms of use from time to time to ensure that they still match our offers. When making changes, we will take into account that the changes are reasonable for you, taking into account your interests, and in particular that they do not unreasonably disadvantage you.

17.2. We will notify you by e-mail at least 30 days in advance, before any changes to our Terms of Use are due to come into effect, so that you have the opportunity to review the planned changes in good time. However, this does not apply if changes are prescribed by law or on a statutory basis. We will inform you about this 30-day period and its significance in our notification. As soon as updated terms of use come into force, you will be bound by them if you continue to use our products.

17.3. However, if you agree to our updated terms of use and no longer wish to use KiVVON, you can deactivate your user account and delete your content at any time.

18 Final regulations

18.1. Should you encounter any problems with KiVVON, that lead to disputes, you undertake to contact us first so that we can resolve the problem together as unbureaucratically as possible.

18.2. For all legal transactions or other legal relationships with KiVVON shall be governed by the law of the Federal Republic of Germany. In business transactions with merchants and legal entities under public law, the exclusive place of jurisdiction for all legal disputes concerning these Terms of Use and the individual contracts concluded under their validity shall be the registered office of KiVVON Media GmbH.

18.3. These terms of use do not grant any third party any preferential rights. All contractual rights and obligations granted to us under these Terms of Use are freely assignable by us.

18.4. Should these terms of use If any of the provisions of these Terms of Use should not have become part of the contract in whole or in part, or if individual provisions of these Terms of Use are invalid in whole or in part or cannot be enforced for other reasons, the remainder of the contract shall remain valid. Insofar as these provisions have not become part of the contract or are invalid, the content of the contract shall be governed by the statutory provisions.

You can download and save these terms of use as a PDF file via this link.

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