General Terms of Use
General Terms of Use for the PBSeasy® media data platform of PBS Network GmbH
PBS Network (hereinafter "PBS") operates the electronic information and order system "PBSeasy", which allows the exchange of electronic data between manufacturers in the office supplies industry (hereinafter "Suppliers") and the specialised trade (hereinafter "Media Users") in this industry. In addition to the exchange of order information, PBSeasy also includes the provision of various digital information that is protected by copyright. PBS holds this information, in particular photographs of products and/or persons, graphic representations, presentations, product information, logos, videos and texts (hereinafter collectively referred to as "media data"), of the goods sold by these companies on the PBSeasy media data platform ("media data platform").
1 Scope of application, range of services
1.1.
These Terms of Use govern the rights of media users to the media data made available on the Media Data Platform by the Suppliers.
1.2.
These Terms of Use for Media Data shall become part of the contract between PBS and the media user by incorporating the General Terms and Conditions of PBS.
1.3.
In order to be able to use the media data platform, the user must register. The details of registration and activation are regulated in Clause 3.
1.4.
Registration and use of the media data platform are free of charge for the media user. However, PBS reserves the right to supplement and/or limit the services provided on the media data platform and to offer individual services only for a fee. PBS will inform the media user about the introduction of chargeable services in good time.
2 Scope of services, availability
2.1.
The media data shall be made available to the media users via the media data platform after release of the data by the supplier.
2.2.
Media users can obtain the media data in the following ways:
Download Portal,
Push in XML format (paid premium service)
Distribution of the data to the merchandise management systems (premium service subject to charge)
Or via data carrier (DVD) (premium service subject to charge)
Customised interface (chargeable project + premium service)
2.3.
The file format is defined via the media data standard.
2.4.
The media user has no claim to the provision of specific content. PBS may close PBSeasy at any time without giving reasons, in particular to carry out maintenance work or to make technical changes.
2.5.
PBS endeavours to make the media data platform available with as few interruptions as possible. However, the media user is not entitled to uninterrupted use. There is no guarantee that access to or use of the media data platform will not be interrupted or impaired by maintenance work, further developments or other disruptions, which may also lead to data loss. Temporary restrictions or interruptions may also occur due to technical faults (e.g. interruption of the power supply, hardware and software errors, technical problems in the data lines).
3 Registration and activation
3.1.
In order to register to use the media data platform, the media user (or, in the case of media agencies, their client) must have a business relationship with one or more suppliers. Multiple registrations by the media user or their client are not permitted. If the media user is already a customer of PBSeasy online, PBSeasy mail or PBSeasy direct, he can also apply to use the media data platform.
3.2.
When registering, the media user is first asked to enter his company data. In addition to the company data, the media user must create at least one user or one for each authorised employee. For this purpose, a unique e-mail address as user name, first name and surname as well as a telephone number of a responsible contact person must be bindingly communicated for each media user. The media user can also enter further personal data.
3.3.
By sending the registration data, the media user submits an offer to PBS to conclude a user relationship on the basis of these Terms of Use. PBS will decide on the acceptance of the offer at its own discretion. If the registration is not confirmed within a reasonable period (usually 10 working days) by e-mail to the e-mail address provided, the media user is no longer bound by his offer.
3.4.
Upon receipt of the e-mail confirmation and activation, an agreed user relationship is established and PBS sends the media user his customer number and access data. Upon receipt of the access data, the user is authorised to use the media data platform within the scope of these terms of use.
3.5.
Access to the media data of the suppliers shall take place irrespective of the activation for the platform by PBS by requesting a data release from the respective supplier. The media user is authorised by the supplier for the supplier's media data. The media user is not entitled to activation.
4 Responsibility for the access data
4.1.
The media user must keep his access data, including the password, secret and not make it accessible to unauthorised third parties under any circumstances.
4.2.
It is the media user's responsibility to ensure that his access to the media data platform and its use is carried out exclusively by the media user or by persons authorised by him. The media user shall inform PBS immediately if there is reason to fear that unauthorised third parties have obtained or will obtain knowledge of his access data. The media user is fully responsible for any use of the media data platform that is carried out under his access data.
5 Blocking of access
5.1.
The media user's access to the PBS portal may be blocked temporarily or permanently in its entirety or to individual sub-areas at the discretion of PBS if there are concrete indications that the media user is violating or has violated these Terms of Use and/or applicable law, or if PBS has another legitimate interest in blocking (in particular repeated violation of the Terms of Use, misuse of the PBS portal). The justified interests of the media user will be taken into account when deciding on a blocking. In the event of repeated violation of these Terms of Use, PBS reserves the right to permanently block access to the media data platform.
5.2.
If the media connection is not used for a longer period of time (> 1 year), PBS Network reserves the right to deactivate and delete it.
5.3.
In the event of temporary or permanent blocking, the access authorisation will be blocked and the media user will be notified of this by e-mail.
5.4.
In the event of temporary blocking, the access authorisation will be reactivated after the blocking period has expired or the reason for blocking has finally ceased to apply and the media user will be notified of this by e-mail. Permanently blocked access cannot be restored and the permanently blocked media user is permanently excluded from participating in the media data platform. Re-registration is not possible.
6 Termination of use
6.1.
The Media User may terminate its access to the Media Data Platform in writing with a notice period of three (3) months to the end of the month. The right to extraordinary cancellation remains unaffected.
6.2.
Once the cancellation takes effect, the user relationship shall end and the Media User may no longer use its access to the Media Data Platform. Access shall be blocked at the time of termination.
6.3.
PBS shall be entitled to irretrievably delete all data created within the scope of the user relationship upon expiry of 30 calendar days after the cancellation takes effect and after expiry of any statutory retention periods. For personal data, the regulations on data protection shall take precedence, which may also provide for a shorter period for deletion.
7 Rights of use
7.1.
All rights (e.g. trademark, copyright or design rights) to the media data in PBSeasy remain with the respective rights holder (supplier). By placing the media data in PBSeasy, the suppliers authorise PBS to make the media data available to the media users and for them to use the media data within the scope of these terms of use.
7.2.
Unless expressly agreed otherwise by the suppliers, the media user shall receive a simple (non-exclusive) right of use to the media data for his own purposes, which is limited as follows:
7.2.1.
The media data may only be used by the media users to promote the sale of the respective products of the suppliers.
7.2.2.
The use of the media data is restricted to use in the media user's own merchandise management system, in the media user's own web shop and for the printing of sales-supporting documents (e.g. flyers and catalogues) for the media user's own end customers and the end customers of affiliated specialist retailers.
7.2.3.
Unless required for one of the aforementioned purposes, the media user is prohibited from passing on or reproducing the media data to third parties for a fee or free of charge. The media data may not be modified or mixed with other content. It is permitted to pass on and reproduce the media data to or by advertising agencies or other service providers for the creation of the web shop or sales-supporting documents. If the media data consists of images, graphics or logos, the media data user or a third party authorised by the media data user in accordance with this point is entitled to enlarge, release or compile the media data while preserving its content.
7.2.4.
The Media Data may not be used to promote the sale of products that do not originate from the relevant Supplier.
7.2.5.
The media data may only be used by the media user on comparison and auction portals on the Internet with the express consent of the supplier. The consent of the supplier may be granted by PBS on behalf of the supplier.
7.2.6.
Insofar as the media data provided are images on which persons are depicted, the use is limited to the aforementioned purposes of use. The use ends if the person depicted cancels the use vis-à-vis the supplier, PBS or the media user for the future. In this case, the media user undertakes not to reuse the image material.
7.2.7.
If an expiry date is supplied for the media data provided, the use of the media data concerned for the creation of new catalogues and brochures or in web shops after the expiry date is not permitted. In this case, the media user undertakes not to reuse the media data in question. However, the distribution of the media data in print products already printed on the expiry date is still permitted after the expiry date.
7.3.
The right of use granted is limited in time to the term of the licence agreement. However, the respective rights holder or PBS on behalf of the rights holder is entitled to prematurely terminate and prohibit the use if the media user violates these terms of use or the media data provided is withdrawn by the respective rights holder or must be removed due to the violation of third-party rights or other reasons.
7.4.
The media user undertakes to pay PBS an immediately payable contractual penalty of €1,000.00 for each individual case of infringement of these terms of use, whereby the assertion of further damages remains unaffected by this.
7.5 If the media user is an advertising agency, the media user is authorised to use the media data for its customers in accordance with these Terms of Use. The advertising agency's customers shall be bound by the restrictions of these Terms of Use (in particular Section 7). Any further or deviating use of the media data by the advertising agency's customer is not permitted.
8 Remuneration
The current PBSeasy price information applies.
9 Responsibility, liability
9.1.
The respective suppliers are responsible for the media data and the content of the stored product information and catalogue data. PBS carries out a quality assurance of the data as well as a premium evaluation. However, there is no check for completeness, correctness and legality. PBS therefore assumes no responsibility or warranty for the completeness, correctness, legality and up-to-dateness of the product information and media data. This also applies with regard to the quality of the product content and its suitability for a specific purpose.
9.2.
PBS is liable within the scope of this contract in accordance with the following provisions:
9.2.1.
PBS is liable without limitation for damages caused intentionally or by gross negligence.
9.2.2.
For damages resulting from non-compliance with any guarantees given in writing to the extent of the financial interest of the user that is covered by the purpose of the guarantee and was recognisable to PBS when it was given.
9.2.3.
In cases of product liability according to the Product Liability Act.
9.2.4.
PBS is not liable in cases of simple negligent violation of only insignificant contractual obligations. Otherwise, the liability of PBS for damages caused by simple negligence is limited to those damages that can typically be expected to occur within the scope of the respective contractual relationship (contract-typically foreseeable damages).
9.2.5.
The parties agree that the foreseeable damage typical for the contract arising from breaches of duty under this agreement shall not exceed EUR 1,000.00.
9.2.6.
The above limitation of liability shall not apply in the event of fraudulent intent, in the event of bodily injury or personal injury, for the breach of guarantees and for claims arising from product liability. Statutory limitations of liability (e.g. according to § 44a TKG), which deviate from the above liability regulations in favour of PBS, remain unaffected.
9.2.7.
PBS has no further liability. In particular, no-fault liability for defects existing at the time of conclusion of the contract is excluded for services provided by PBS under the rental agreement.
9.3.
As far as the liability of PBS is excluded or limited according to these provisions, this also applies to the liability of the organs and vicarious agents of PBS, in particular of employees.
9.4.
In case of serious data errors, the supplier will be requested by PBS to eliminate these errors within a reasonable period of time. As a rule, this period is 6 working days.
10 Amendment of these terms of use
10.1.
PBS reserves the right to amend these Terms of Use at any time with effect also within the existing contractual relationships. The user will be informed of such changes at least 30 calendar days before the planned entry into force of the changes. If the user does not object within 30 days of receipt of the notification and continues to use PBSeasy even after the expiry of the objection period, the changes shall be deemed to have been effectively agreed from the expiry of the deadline.
10.2.
In the event of an objection, the user relationship shall be continued under the previous conditions. PBS reserves the right to terminate the user relationship in accordance with section 6 in the event of an objection. In the notification of change, the user will be informed of his right of objection and the consequences.
11 Final provisions
11.1.
Detailed information about PBS as the operator of PBSeasy can be found here
11.2.
Should any provision of these Terms of Use be or become invalid, this shall not affect the validity of the remaining provisions. In such a case, the parties shall be obliged to co-operate in the creation of provisions that come as close as possible to the economic effect of the invalid provision. The above shall apply accordingly to the closure of any contractual loopholes.
11.3.
German law shall apply to the exclusion of international private law and the UN Convention on Contracts for the International Sale of Goods.
11.4.
The exclusive place of jurisdiction is the registered office of PBS. However, PBS is also entitled to bring an action at the user's place of business.