General Terms and Conditions for Greetzly
Area of Application
- Greetzly is an offer by AB42 GmbH, Lastenstraße 36, 4020 Linz, Austria, (hereinafter "Greetzly" or "us" or "we"). Greetzly offers a service that brings celebrities (hereinafter "celebrities") and their fans together, in which celebrities create video messages at the wish of the fans (hereinafter "greetings").
- Insofar as provisions in these Terms and Conditions equally apply to both celebrities and fans, these shall be described as “users”.
- These Terms and Conditions govern the relationship between us and the celebrities as well as between us and the fans, but also between the celebrities and the fans.
- The general terms and conditions of business or other terms and conditions of the user shall not apply unless expressly agreed by Greetzly.
Offer, Acceptance of the Terms and Conditions, Requirement for Participation
- Upon registration on greetzly.com (hereinafter "website" or "platform") or registration via smartphone app and use of Greetzly the user accepts these Terms and Conditions and declares that he/she is an adult or has the permission of parents or guardians to use the offer. If users are not in agreement with the provisions of these Terms and Conditions, they may not use the service.
- Greetzly endeavours to further develop, maintain and provide the offer. It is being continuously developed to adjust to various factors such as the demands of the users, the market as well as the technical and economic situation. Hereby the offer includes the service at its current stage of development. Users however have no entitlement to the offer remaining the same with regard to the scope and content or the availability of specific functions. There is equally no entitlement to the offer being permanently available or functioning without disruption.
- Furthermore Greetzly reserves the right to partially or fully cease the offer.
Subject of Contract
- Fans can conclude a contract with Greetzly for the creation of a video message by a celebrity. The subject of the contract with Greetzly for fans is therefore the transmission of a video which is specified by the wishes of the fan.
- Celebrities are commissioned by Greetzly to create the corresponding video. Between the celebrities and Greetzly therefore the creation of videos is the subject of the contract.
Conclusion of Contract with Fans and their Contractual Duties
- Upon registration on the website a free user contract is concluded between the fans and Greetzly. Upon registering to the Greetzly website fans are obligated to complete all fields on the registration form truthfully and accurately. A successful registration is only possible when all fields are completed.
- A contract between the fans and Greetzly for the transmission of videos subject to a fee is concluded as follows: upon the request of a fan for the creation of a video, the fan submits a binding offer to Greetzly to conclude a contract on the provision of a greeting message. The price of the desired greeting video can be proposed by the fan. The content of this request is - in addition to the choice of celebrity - also the specification of the greeting message, payment and also the choice of charity to which the donation should be made. A contract is first concluded when the request of the fan is accepted by Greetzly, at which point the fan receives a message that a greeting video has been created and is ready for retrieval on the website.
- Payment may be issued via PayPal or credit card and is due when Greetzly notifies the fan that the video can be retrieved.
- Fans undertake not to issue requests that violate any laws, third party rights or good conduct, as well as such that are obscene or threaten violence.
- Fans agree that Greetzly is not obligated to supply a video in which the greeting is identically worded as the fans’ request.
- The fans receive simple unlimited rights of use to the videos supplied by Greetzly and undertake not to use these videos for commercial purposes. Furthermore, fans undertake not to edit the received greeting messages (e.g. cut, combine with a different audio, etc.) and thereby altering them, in particular regarding content or individual scenes. The fans also undertake not to publish the video in a context that libels, insults or places Greetzly or the celebrities in a negative light.
- In the event that a fan should breach these terms, Greetzly and/or the celebrity can demand the deletion of the video, insofar as it has been published.
Conclusion of Contract with Celebrities and their Contractual Duties
- Greetzly shall provide the celebrities with a free smartphone app through which they can view the requests for the creation of a greeting video. Upon registering to the smartphone app, the celebrities are obligated to complete all fields on the registration form truthfully and accurately. A successful registration is only possible when all fields are completed.
- In the scope of this contract we only grant celebrities the right to use the app for the purpose stipulated in these Terms and Conditions. Any further use by Greetzly, in particular reproduction, distribution and decompilation is not permitted without express authorisation.
- A binding contract between the celebrity and Greetzly is first concluded when the celebrity accepts the request from Greetzly for the creation of a video by clicking the send button. The celebrity can therefore decide which Greetzly requests he/she wishes to accept, however is obligated upon acceptance to create the video in accordance with the provided details. If the celebrity accepts a request he/she is obligated to create a greeting message that corresponds to the instructions of the fans.
- Celebrities must ensure that only they use their account. They acknowledge that as owners of the user accounts they are fully responsible for all activities that are performed via the user accounts.
- Celebrities are obligated to inform us without delay of any misuse of the password or user account as well as any other breach of security regulations and are liable towards Greetzly for any misuse of the account that they have caused.
- Greetzly cannot ensure that the application functions identically on all end devices. The general functionality is dependent upon circumstances that Greetzly cannot influence (user hardware, data speed, etc.).
- Greetzly advises that through the use of the app further costs outside the influence of Greetzly (such as service provider costs) may be incurred by the celebrities.
- The celebrities grant Greetzly simple and transferrable rights to the greeting messages sent via the app. The transferred rights are unlimited and primarily serve to fulfil the purpose of the contract. Greetzly however reserves the right to use content for advertising purposes.
- Celebrities undertake not to create videos that violate laws, third party rights or good conduct, or those that are obscene or threaten violence.
- In the event that Greetzly in the scope of mediation (see no. 6 of these Terms and Conditions) comes to the conclusion that the video created by the celebrity does not fulfil the minimum requirements of the fan or does not comply with the expected type and quality, the contract shall be rescinded for all contracting parties and a claim to payment on the part of the celebrity is waived.
- The celebrity receives payment from Greetzly for the creation of the video. Claim to payment arises first when the video is accepted by the fan or when in the scope of mediation (see no. 6 of these Terms and Conditions) Greetzly decides that the video corresponds to the request. The amount of payment is provided as the net amount (minus applicable VAT) that Greetzly receives from the fan less a fee calculated by Greetzly (15 % of the net price as long as no deviating agreement is concluded), as well as the stipulated donation (see no. 7 of these Terms and Conditions). Payment shall be issued as soon as the celebrity requests this via the app, however only when a credit of at least 200 EUR is available. Insofar as the video is in mediation (see no. 6 of these Terms and Conditions), there is no claim to payment of the amount concerned during this period.
- The celebrities are responsible for the correct taxation of payments issued by Greetzly.
Acceptance of the Video, Mediation
- Within one week following notification from Greetzly that a video can be downloaded, fans have the opportunity to report it as a dispute. Following the expiry of this week, the video is considered accepted on the part of the fan.
- A fan can report a video as disputed when he is of the opinion that it does not correspond to the desired specifications. It is hereby to be observed that the celebrities are not obligated to follow all of the fans’ specifications, but only the content important for the purpose of the video (occasion, addressing of the recipient, etc.).
- If a video is reported as disputed, Greetzly decides on the procedure. If Greetzly concludes that the video fulfils the desired purpose and does not contain any inappropriate content the fan is obligated to accept the video. In the event that Greetzly decides that the fan’s complaint is justified the contract shall be revoked. The user acknowledges that Greetzly’s decision in the scope of mediation is binding for all parties.
Donations from Celebrities
- With the Greetzly platform we do not only wish to bring celebrities and their fans together and spread joy, but also allow third parties to profit. Celebrities therefore undertake to donate to charity a freely selectable percentage, however at least 10% of the net fee issued by the fan after the deduction of the Greetzly fee.
- The recipients of the donations are third parties (non-government organisations) which the fan can select when creating his request to the celebrity.
- Greetzly guarantees that the donation shall be deducted from the celebrity’s fee and issued to the recipient named for the donation. Payment of the donation to the recipient is subject to the same conditions as the payment of commission to Greetzly on the part of the celebrities.
Amendments to the Terms and Conditions
Greetzly reserves the right to amend these Terms and Conditions with effect for the future. In this case we shall notify the user in advance regarding the amendment of the Terms and Conditions and advice that the amendments apply as accepted when no objection is received within 6 weeks.
- Greetzly processes user data in conjunction with the purpose of the contract and in accordance with the legal provisions. For the purpose of using the app, Greetzly stores the data of the user (for example name, e-mail or date of birth). These data shall only be used by Greetzly to operate the platform, shall be treated confidentially and not forwarded to third parties that are not involved in the ordering or payment processes. The user has the right upon request to receive information regarding his personal data stored by us. In addition he has the right to correct inaccurate data, or request that this data be blocked or deleted insofar as not statutory obligation to retention applies.
- Greetzly hereby promises that no personal data shall be forwarded to third parties - neither for advertising nor other purposes.
Liability in accordance with the Telemedia Act
The user acknowledges that Greetzly assume no responsibility for content that Greetzly itself has not created or acknowledged.
Limitation of Liability
- Greetzly is only liable for damage arising from intentional acts or gross negligence. This also applies to indirect consequential damage, in particular pure economic loss with the exception of death, personal injury, endangerment to health and the breach of cardinal contract duties.
- Limitation of liability in this provision shall also apply to Greetzly’s employees and vicarious agents.
- Claims to liability arising from mandatory national law shall hereby remain unaffected.
Exclusion of Liability
- In the event that Greetzly is claimed against on the grounds of the acts or content of users, users shall release us and our agents free from all claims as well as the necessary costs arising through a legal defence against claims initiated by third parties on the grounds of a legal infringement for which the user is responsible.
- The necessary costs particularly include court and lawyers’ fees to the statutory amount.
- Users are furthermore obligated to inform us truthfully, immediately and fully of the legal infringement and all circumstances that serve to defend against third party claims and to provide the materials required.
Rights of Greetzly Operators
- In the event of infringements against these Terms and Conditions, laws and/or other regulations published on the Greetzly website, we may temporarily or permanently exclude users from the use of this offer.
- Users permit us to delete or restrict user accounts and functions at any time.
Applicable Law, Contract Language, Final Provisions
- The contract relationship between users and Greetzly and these Terms and Conditions are subject to Austrian law, insofar as there is no mandatory conflicting provision.
- Contract language is German insofar as no mandatory provisions conflict with this.
- In the event that one or more provisions of this contract should be or become invalid, the validity of the remaining provisions shall hereby remain unaffected. The contracting parties are obligated to replace an invalid provision with a valid provision that most closely achieves the desired result of the contract.
Effective date: February 2015