Last modification: December 2013
Thefollowing terms and conditions ("Terms") govern the conditions underwhich the, underwww.HeroAndNow.com (including the associated domains) (hereinafter referred to as "HeroAndNow"), offered servicesby yeahconcept ("Operator") can be used by users. By registering with HeroAndNow the user agrees to these terms and conditions explicitly.
2. The network "HeroAndNow"
2.1 HeroAndNow is a free telemedia service of yeahconcept ("operator") that can help the users in finding, publishing, sharing andspread eco-social content (videos, images, texts , websites, blogs). Each user registers on HeroAndNow and can thus be found by other users. Thisplatform is designed to encourage the communication of eco-socialcommitment and the people behind it, to inspire others to get involved ecologically orsocially and so make our world better. The operator reserves the right to make users, at a later date, also paid offers.
2.2 HeroAndNow is not a static range of pages, but is continually being developed and adapted. New functionality can be introduced at any time or existing features can be removed. Of course, the user is informed in a reasonable period of time by e-mail about the planned shutdown of essential functions.
2.3 The operator offers the user, among other things, the use of a profile page (" Profile Page"). Usersof HeroAndNow can reference themselves on the profile page and are communicate over different functions publicly by other users and arerecommended by other users.
2.4 The operator strives to ensure a high level of availability and reliability. Nevertheless HeroAndNow does not claim permanent availability. Dueto technical failures, maintenance, unusual high utilization by users orother influences may occur in individual cases to system failuresaffecting the availability of supply. Theoperator will notify the users in case of major and prolonged maintenancemeasures as early as possible on extent and duration of suchfailures.
3. Registration and access of users
3.1 In order to use the functions of HeroAndNow, a user must register in advance to HeroAndNow. Entitlement to registration does not exist. Entitled to use are only users with full full legal capacity and those acting with the consent of their legal representatives. The minimum age of users is however 14 years old, in any case.
3.2 The user is obliged to complete the complete the fields in the registration form correctly and truthfully. The field "hero name" can specify a phantasie name of the user. The registration and an associated searchable public profile is only possible and available when all required fields are filled out correctly. In particular, a user has to give a valid email address to which the user has authorized access. Usually the information provided by users are not checked by the operator. But, the operator, reserves the right to verify the accuracy of the information in theindividual case and, if necessary, to request supporting documents bythe user.
3.3 The User is obliged to keep this password confidential and not disclose it to third parties. Ifa user becomes aware of facts that suggest the risk that third partieshave gained knowledge of the password or the use, the user is obligedto change his password immediately.
4. Responsibility and prohibited content
4.1 The User is solely responsible for the content posted by him, and forcommunicating with others (both public and non-public). Theuser is obliged to protect the rights and interests of other users orother third parties, in particular their personal rights.
4.2 The User is obliged to post no content on HeroAndNow, in particular on theprofile page and in groups that violates the law or commondecency. Prohibited are in particular the following contents:
No illegal / criminal content of any kind,
Contentthat violates § 4 para 2 Youth Media Protection State Treaty (JMStV)or development affecting content according to § 5 JMStV,
Representation of violence and the depiction of drug abuse,
Therepresentation of radical conceptions of political, religious orideological nature (especially using symbols or signs such views)
Threatening, racist, violent, defamatory, harassing or inappropriate content as well as
Content that violates the decency or morals of the general population or are otherwise unsuitable for children or teenagers.
Itis immaterial whethersuch content is spread in communications with one or more other users or on the profile page of the user. Itis also immaterial whether such content is against other users of HeroAndNow or against HeroAndNow employees or to other persons or companies. Prohibited are also hyperlinks to such content.
4.3 HeroAndNow is offered solely for private purposes. The user therefore makes a comitment to, in particular,
post any content that pursues commercial interests ( for example, spamming),
carryout or promote any any anti-competitive conduct, including progressivecustomer acquisition practices (such as chain letters, snowball or pyramidschemes),
not use HeroAndNow for other harassing actions towards other users or staff of HeroAndNow (e.g. stalking)
togain no attempt to do, unauthorized access to third party data orcompromising by technical equipment or other measures the functionality ofHeroAndNow and
not abuse the internal communication systems of HeroAndNow for chainletters, for the receiver unsolicited messages (for example spamming) or similar actions.
Unacceptable is also the use of scripts in the use of HeroAndNow and automated retrieval of content on HeroAndNow.
4.4 The User is responsible for ensuring that his content theprofile page or otherwise on HeroAndNow is free of viruses,worms, Trojan horses or other programs that may endanger or impair thefunction or the existence of HeroAndNow or other websites.
4.5 The user is obliged to check carefully before placing content on HeroAndNow if the above conditions are met.
5. Use of content and third-party rights
5.1 The User is aware that the content added to HeroAndNow by him is going to be published, reproduced on our HeroAndNow facebook page, our HeroAndNow youtube channel, our HeroAndNow twitter account, our Google Plus account, our Instagram account and made publiclyavailable to third parties,in particular by the possibility to retrieve and download this content on suitable terminals(eg PC , laptop, mobile phone, smartphone etc.). Thereby third parties will have the possible to use and reproduce these contents, which can not be controlled by the user or by the operator. The user is also aware that adds content on a platform that also includes advertising of various kinds. Thisin particular also includes local and customizedadvertising. Theuser is aware, that his contents will be technicallyprepared to be added on HeroAndNow (eg adapting the format of photos,changing the resolution of photos or videos).
5.2 The User is aware that content (videos, titles and descriptions ) added to a mission on HeroAndNow by him, using the the upload feature via fileupload ( NOT upload via youtube link) are directly uploaded to youtube. Your video will be automatically uploaded and stored on behalf of HeroAndNow on the HeroAndNow youtube Channel. Your videos are not stored on HeroAndNow, but only displayed using the Video Embed Code from the video added to our HeroAndNow youtube channel.
5.3 The User is responsible for ensuring that no third party rights, inparticular personality rights, copyrights and intellectual propertyrights or other rights are violated by adding its content. Theuser is obliged to check carefully before placing content, whetherthird parties are infringed by posting content on HeroAndNow rights.
5.4 The Operator is not responsible for acts of useage of other users of HeroAndNow or other third parties.
6. Blocking of content, compensation and exemption of the operator by the user
6.1 If there is actual evidence that rise to the suspicion that content added by a user (especially on the profile pages and inthe public communications as well as contibutions to missions) does not meet the requirements in section 4 of these Terms and Conditions or infringe the rights of third parties, the operator has the right, without without prior notice, to refuse the activation of this user's profile, to block or delete it. Whendeciding on the action to be taken in detail, the operator will takeinto account the legitimate interests of the user and the severity ofthe violation. Notwithstandingthe right to block or remove such content, the Operator shall be entitled to terminate the contractual relationship with the user in total under the requirementsof section 7 of these conditions and/or make other claims (especially compensation claims) against the user.
6.2 The user is the operator obliged to make good damage caused to theoperator from a breach of the obligations of the user, unless the useris not responsible for the breach. Theuser releases the operator in particular from all claims of thirdparties arising from a breach of the obligations of the User under theseGeneral Conditions, unless the user is not responsible for the breach.
7. Duration of an authorization to use
7.1 The user may terminate his membership at any time. The Operator is entitled to terminate the contractual relationship with the user with a notice period of two weeks..
7.2 The right to extraordinary termination for good cause remains unaffected. An important reason is especially, if one of the parties has failed to fulfill obligations under these Terms and Conditions.
7.3 If the important reason consists in the violation of a duty of these Terms and Conditions, the notice is allowed only after fruitless expiry of a term certain for the remedy or after fruitless caution of the user. Nevertheless, it does not require a term to the remedy or a caution if the user refuses the fulfilment of its obligations seriously and finally or special circumstances are given which justify an immediate notice under consideration of the mutual interests.
The user is not entitled to restitution or other transfer of the content posted by him. In case of termination of the use, the operator will delete the profile page of the user irretrievably,
the sender or author will be anonymized at video or photo comments, but do not change the text of these posts (if the text contains names, these names thus remain unchanged).
Of course, then also the opportunities, offered by HeroAndNow, to contact other users will no longer be available. HeroAndNow provides no way to export the created network of contacts for use elsewhere. Inthe case of extraordinary termination by the operator, the user isbasically excluded from the use of HeroAndNow permanently;reregistration is then inadmissible .
8.1 The operator shall be liable only for damages caused by intentional orgrossly negligent breach of contract and for damages arising fromnegligent breaches of material contractual obligations. In the latter case, the liability of the operator is limited to when the contract was typically foreseeable damage. Operator's liability for damages to life, body or health in accordance with the product liability law remains unaffected.
8.2 Claims for damages against the Operator expire after 12 months since its inception. Excludedare those claims that are based on a willful or unauthorized act orthose who have a liability under the product liability legislation.
8.3 The above limitations of liability shall also apply to associated withthe operator company and to the personal liability of employees,representatives, partners and agents of the operator and / or with theoperator affiliated companies.
More disclaimers contained in the disclaimer.
9. Evidence of legal violations
9.1 Under HeroAndNow there is the opportunity for individuals, who are ofthe opinion that user-generated content infringes or violates the rights of theirpersonality, their copyright orother proprietary rights, to get in contact with the operator via email "firstname.lastname@example.org". For a follow-up of the alleged violation, it is necessary to provide complete and correct information.
9.2 In addition, should there be content added on HeroAndNow by users, thatviolates according to the user's view these Terms or any law, theuser is asked to contact theoperator via "email@example.com" and to provide the operator precise information on the nature of the offense and the location of the content.
10. Rights of the operator
TheUser acknowledges that all trademarks, other intellectual propertyrights in the offer of HeroAndNow and marks all of the same are exclusivelyentitled to the operator and may not be used without the prior writtenconsent of the operator. Nor may any software services be copied, decompiled or otherwise be changed, unless the operator gave his consent.
11. Privacy and Security of HeroAndNow
Forthese Conditions and the entire legal relationship between the operatorand the users, the laws of the Federal Republic of Germanyunder exclusion of the UN Sales Convention is applied. Place of fulfilment is the domicile of the operator.
Moosburg, Dezember 2013