nmedia GmbH (hereinafter referred to as "nmedia") operates the electronic information and ordering system "nmedia.hub", which permits the exchange of electronic data between manufacturers, cooperatives, and wholesalers (hereinafter referred to as "brands") and retailers and other commercial customers (hereinafter referred to as "users"). In addition to the exchange of order information, a component of nmedia.hub is the provision of various digital information which is protected by copyright. nmedia holds this information, in particular photographs of products and/or persons, graphic representations, presentations, product information, logos, videos, and texts, of the goods sold by these companies for download.
1. Scope, range of services
1.2. nmedia grants the user the possibility, on the computer operated by nmedia and connected to the Internet, of using the data stored there to generate orders with the brands, among other things, which are then forwarded by nmedia to the participating brands. nmedia merely mediates the orders; contracts for the delivery of goods are concluded exclusively between the users and the brands. The prices, discounts and other conditions shown in the Internet ordering system have been communicated to nmedia by the brands and are the responsibility of the brands. nmedia accepts no responsibility for the binding nature and accuracy of these prices.
1.3. nmedia.hub provides the User with data (e.g., media data) for download as an additional service. This is extended data content, a clear distinction from the nmedia.hub online data. This data access is only possible through active downloading from the nmedia.hub.
1.4. In order to use nmedia.hub, the user must register. The details of registration and activation are regulated in section 3.
1.5. Registration and use of nmedia.hub are free of charge for the user. However, nmedia reserves the right to supplement and/or limit the services provided on nmedia.hub and to offer individual services only against payment.
2. Scope of services, availability
2.1. The data is made available to the users via nmedia.hub after the data has been released by the brands.
2.2. nmedia endeavours to provide nmedia.hub as uninterruptedly as possible. However, the user has no right to uninterrupted use or the provision of certain content. It is not guaranteed that access to or use of nmedia.hub 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 (such as interruption of the power supply, hardware and software faults, technical problems in the data lines).
nmedia may close nmedia.hub or discontinue its operation at any time without giving reasons, but in this case will endeavour to inform the User as early as possible. nmedia is also entitled to sell or otherwise transfer nmedia.hub and/or rights to nmedia.hub to third parties at any time without the consent of the User.
3. Registration and activation
When registering, the user is first requested to enter his company data. In addition to the company data, the user must create at least one user or one user for each authorized employee. For this purpose, a unique e-mail address must be provided for each user as a username, first name and last name. The user can also provide further personal data. The processing of personal data is carried out within the framework of legal provisions, in particular the Data Protection Regulation (DSGVO). In this regard, we refer to our data protection declaration at https://hub.nmedia.solutions/content/privacynotices.
3.4. Access to the brands' data takes place irrespective of the activation for the platform by nmedia by applying for a data release from the respective brand. The user is enabled by the brands for their data. The user has no right to activation.
4. Responsibility for the access data
4.1. The 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 responsibility of the user to ensure that access to and use of nmedia.hub is carried out exclusively by the user or by persons authorised by the user. The User shall inform nmedia immediately if there is reason to fear that unauthorised third parties have gained or will gain knowledge of his access data. The user is fully responsible for any use of nmedia.hub carried out under his access data.
5. Blocking of access
5.2. If the access is not used for a longer period (> 1 year), nmedia reserves the right to deactivate and delete it.
5.3. In the event of a temporary blocking, the access authorisation will be reactivated after the blocking period has expired or the reason for the blocking has finally ceased to exist, and the user will be notified of this by e-mail. Permanently blocked access cannot be restored, and the permanently blocked user is permanently excluded from participation on nmedia.hub. Renewed registration is at the discretion of nmedia.
6. Beendigung der Nutzung
6.1. The User may terminate his access to the data platform in writing with a notice period of three (3) months to the end of the month. The right to extraordinary termination remains unaffected.
6.2. nmedia is entitled to delete all data immediately upon termination.
6.3. nmedia can terminate the right of use at any time without stating reasons by giving 24 hours' notice.
7. Rights of use
All rights (e.g., trademark, copyright, or design rights) to the data in nmedia.hub remain with the respective rights holder (trademark).
The current nmedia.hub price information applies.
9. Responsibility, liability
9.1. The responsibility of nmedia GmbH is limited to receiving and forwarding orders from the user. The brands are responsible for the content of the stored data in accordance with the statutory provisions.
9.2. No check is made by nmedia as to the completeness, accuracy, and legality of the data. nmedia therefore accepts no responsibility or warranty for the completeness, accuracy, legality and up-to-datedness of the product information and media data. This also applies about the quality of the product content and its suitability for a particular purpose.
9.3. nmedia GmbH shall not be liable for the recovery of data
9.4. nmedia GmbH is only liable up to a total of EUR 500. This limitation of liability does not apply to damage caused intentionally or by gross negligence or to damage caused by negligence resulting in injury to life, limb, or health.
10.2. In the event of an objection, the usage relationship will continue under the previous conditions. nmedia reserves the right, in the event of an objection, to terminate the usage relationship in accordance with clause 6. In the notification of change, the user will be informed of his right to object and of the consequences.
11. Final provisions
11.1. Detailed information about nmedia as the operator of nmedia.hub can be found here. https://hub.nmedia.solutions/content/legalnotices
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 nmedia. nmedia is, however, also entitled to take legal action at the user's place of business.