Allgemeine Geschäftsbedingungen (AGB)
Last update: 28 June 2019
Newsroom Communication Ltd, Eigerstrasse 2, CH – 3007 Berne, registered in the Commercial Register of the Canton of Berne with the company number CHE-238.388.558 („Newsroom“) offers a cloud based storytelling and content marketing platform on <www.storyshaker.co> (“Website”) as well as related services („Services“) including the creation and management of content („Content“), which is provided in the form of web and mobile applications or any other platform (all together offered as („Storyshaker“).
The Storyshaker offerings of Newsroom is available to persons for business purposes only (whether to self-employed professionals, companies or partnership vested with legal capacity) („Business Clients“), and not to individuals for private purposes.
These Terms of Service („Terms of Service“) define the rules for using Storyshaker exclusively. By registering on Storyshaker or using Storyshaker, the Business Client accepts these Terms of Service. Any general terms and conditions of the Business Client are excluded and do not apply.
A Business Client is entitled to invite employees, customers, potential customers or others to make use of Storyshaker („Users“). However, the Business Client is fully responsible to Newsroom for all Content uploaded, streamed, sent or otherwise made available by its User and/or activities of its Users, as the Business Client had uploaded, streamed, sent or otherwise made available such Content or acted on his own. Further, there is no contractual relationship between Newsroom and Users, Business Client is solely responsible to its Users.
Any use of Storyshaker requires prior registration on the Website by creating a Storyshaker account and the acceptance of these Terms of Service.
The persons registering on behalf of a Business Client must be over 18 years of age and guarantees to be authorized to bind the Business Client.
The Business Client is obligated to provide all requested information correctly and to keep them accurate at all times during the Contract with Newsroom. The Business Client is also obligated to keep credentials secret and protect them against unauthorised use by third parties. In case of misuse or loss of the credentials or in case of an appropriate suspicion, he must report the same to firstname.lastname@example.org. The Business Client is responsible for all activities with his credentials.
The Business Client is entitled to freely invite Users, inside as well as outside of his own organization.
Offers published on the Website are non-binding. The registration on the Website according to Section 2 of these Terms of Service and subscription by the Business Client is deemed to be a binding offer to use Storyshaker. The Business Client’s offer may be accepted by Newsroom by making available the Storyshaker. Upon the acceptance of Newsroom a subscription contract between Newsroom and Business Client is concluded (the „Contract“), to which these Terms of Service form an integral part.
A Business Client may use Storyshaker during one pre-determined trial run for free, but also such trail run qualifies as Contract as described in Section 3.1 of these Terms of Service. If a Business Client registers for more than one free trial run, Newsroom is entitled to delete the additional(s) account(s).
The Business Client is solely responsible to fulfil the technical requirements for the use of Storyshaker and the implementation on its platforms. Newsroom does not owe and/or provide any consultancy services in connection with the use of Storyshaker unless explicitly otherwise agreed. Newsroom provides support as specified on the Website to Business Clients using a paid subscription plan only.
The use of Storyshaker may differ depending on the hardware and/or software used by the Business Client and its User.
The Business Client’s registration for a paid subscription plan requires valid billing and account information for credit card, debit or other payment systems, such as bank details, (each a „Payment Source“). The Business Client herewith authorizes Newsroom to charge the Payment Source when payments for subscription plans are due.
The payment for a subscription plan must be pre-paid. The Payment Source will be charged before the chosen paid subscription period starts and before a renewal period of subscription start according to the then current price list.
The price for the subscription plan depends on the price list published on the Website The Business Client herewith authorizes Newsroom to charge the Payment Source for the price of subscription plan chosen by Business Client.
Storyshaker may amend the price list at any time. The price list applicable is available on the Website. The prices applicable at the time of application for subscription by the Business Client pursuant to Section 3.1 of these Terms of Service or renewal pursuant to Section 6.1 of these Terms of Service are binding.
The stated prices are net prices excluding VAT. All other charges in connection with the use of Storyshaker shall be borne by the Business Client.
The Business Client may choose between Contract periods of one month and one year. The Contract chosen by the Business Client will automatically renew for the same periods (i.e. another month/year) each time the Business Client does not terminate the Contract at least 1 day before the end of the Contract period according to Section 6.2 of these Terms of Service.
The Business Client may terminate a Contract at the latest 1 day before the end of the chosen Contract period or to the end of the renewal period. The Business Client can also change the length of the chosen Contract period before the end of the Contract instead of terminating the Contract. The termination of a Contract before expiry of the chosen Contract period is hereby excluded. The Business Client having used the trial run may unsubscribe from Storyshaker anytime without notice by using the respective button in his account.
The Business Client is entitled switch to a more expensive subscription plan (“Upgrade”) at any time and with immediate effect. A switch to a less expensive subscription plan (“Downgrade”) is only possible after the termination of the current subscription plan.
Newsroom may terminate the Contract at any time with immediate effect for valid cause and without refund of the payments already made. A valid cause for immediate termination shall include, but shall not be limited to, any of the following events:
the Business Client violates applicable laws or third party rights;
the Business Client fails to comply with any terms of these Terms of Service;
the Business Client fails payments due.
The Business Client may also terminate the Contract at any time with immediate effect and without refund of the payments already made. Any termination declaration must be at least in text form (e.g. by letter, email) to Newsroom Communication Ltd, Eigerstrasse 2, CH-3007 Berne or to email@example.com.
After the termination of the Contract, Newsroom will provide stored data from the account for a certain period (“Standby Period”) as specified in the subscription plan. After the termination of the Standby Period, Newsroom maintains backups for thirty (30) days before permanent deletion of any data of that Business Client and its Users.
The Business Client shall use Storyshaker for the purposes described in these Terms of Service and according to the functions described on the Website. Any other use, including but not limited to inappropriate or illegal use or manipulation is prohibited. It is particularly forbidden to use Storyshaker to distribute illegal Content and/or Content that violates applicable laws and third parties rights, in particular but not limited to.
pornographic, insulting, offensive, racist, threatening, youth protection law infringing, or other illegal or immoral Contents or to advertise, offer, or sell such products;
threats to others;
Content that affects or infringes the rights of third parties, such as personality rights, copyrights, trademarks, patents, unless the Business Client has the permission of the right holder;
Furthermore it is forbidden
to use temporary e-mail addresses;
to create multiple accounts for disruptive or abusive purposes;
Newsroom is not required to check Contents uploaded, streamed, sent or otherwise made available by Business Clients and their Users. But Newsroom reserves the right to check and delete any infringing Content according to this Section 7, terminate the Contract and/or suspend accounts of the Business Client that is violating any of these Terms of Service, in particular this Section 7.
Business Client herewith acknowledges that Business Client is the responsible controller of the personal data that Newsroom processes on behalf of the Business Client for the purposes of the Business Client as part of the Services. Business Client is obliged to obtain the data subjects’ consent and/or inform data subjects if required by law, or that the collection and processing is covered by Business Clients’ legitimate interests. The Business Client guarantees the compliance of the collection and processing of personal data under this Contract in accordance with the applicable data protection legislation.
Newsroom confirms to process personal data, which Newsroom obtains from Business Client and from its Users as well as collects from third parties made publicly accessible in connection with publications, events and other activities of the Business Client in order to fulfil the Contract with the Business Client, in compliance with the applicable data protection legislation pursuant to the Data Protection Statement on Website, which forms an integral part of the Contract between Newsroom and the Business Client.
The Business Client is fully responsible for all activities using Storyshaker via its account.
Newsroom will, to the fullest extent, comply with the instructions of authorities, courts and collection societies that request the disclosure of the identity and address of the person responsible for Content in violation of these Terms of Service. Furthermore, Newsroom reserves the right to take legal action itself in serious cases.
Although Newsroom strives to keep Storyshaker operational 24 hours a day, Newsroom cannot be held liable if Storyshaker is temporarily unavailable, nor for disruptions to features, delays in transmission or malfunctions.
The transmission of data over the Internet is never fully secure. Although Newsroom continuously takes appropriate steps to protect Business Client’s and User’s information, Newsroom cannot guarantee the security of data. All data uploaded is at Business Client’s own risk.
Newsroom is fully responsible Content uploaded, streamed, sent or otherwise made available by Newsroom. All other liability of Newsroom is hereby waived to the extent permitted by law. This exclusion also applies to the liability of its employees, representatives, subcontractors and agents. In case of a defect of Storyshaker for which Business Client is covered by mandatory liability of Newsroom, the Business Client shall only be entitled to the reimbursement of payments already paid and pro rata temporis.
Links to third-party websites are provided for Business Clients and Users convenience only. Newsroom has not checked such websites and is not responsible for their content or availability or any data collection through the operator of such websites.
The Website and Software of Storyshaker are protected intellectual property, whose ownership is and remains with Newsroom. No rights are transferred to Business Client or User, unless explicitly agreed in writing.
Newsroom grants its Business Clients a limited non-exclusive, non-transferable license to access and make use of the Storyshaker software (the „Storyshaker License“). The Storyshaker License does not include the right of any copying, resale, download, modification or other use outside the offered Services, as part or as a whole.
Newsroom does not claim any ownership rights in Business Client’s Content. However by uploading, streaming, emailing or otherwise transmitting any Content to Storyshaker, the Business Client hereby grants Storyshaker the non-exclusive, worldwide, royalty-free, sub-licensable right to use, in particular to copy, modify, transmit, store, archive, display and publish the Content for the purpose of providing the Services.
The Business Client authorizes Newsroom to use Business Client’s name/trademark for marketing purposes as reference on Newsroom’s websites. The Business Client may withdraw such consent by writing an email to Storyshaker to firstname.lastname@example.org.
These Terms of Service and Contracts entered into between Storyshaker and Business Client shall be governed by the substantive laws of Switzerland, excluding conflict of law rules and the UN Convention on the International Sale of Goods. Any disputes arising in connection with the use of Storyshaker shall be subject to the exclusive jurisdiction of the ordinary courts at the headquarter of Newsroom.
Should any provision of these Terms of Service be or become invalid, ineffective or unenforceable as a whole or in part, the validity, effectiveness and enforceability of the remaining provisions shall not be affected thereby. Any such invalid, ineffective or unenforceable provisions shall be deemed replaced by such valid, effective and enforceable provision as come closest to the economic intent and purpose as of such invalid, ineffective or unenforceable provisions as regard subject-matter, amount, time, place and extent. The aforesaid shall apply mutatis mutandis to any gap in these Terms of Service if any court has confirmed such proceeding.
Newsroom may amend these Terms of Service at any time. Newsroom will notify the registered Business Clients of changes. They become binding as per the next renewal date of the Contract and are deemed to be accepted by Business Client without termination.
All communication of Newsroom shall be deemed effective upon dispatch to the last address communicated by Business Client to Newsroom.
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