General Terms and Conditions
General Terms and Conditions
I) General Terms and Conditions for the use of the story.one service
Valid from 1.9.2018
Provider: Storylution GmbH
FN: 485671 y, Commercial register court: Commercial court Vienna
Address: Felix Mottl-Str. 29A, 1190 Vienna
phone: +43/676/4445500
e-mail: [email protected]
UID No: ATU 73020679
Scope of Application
1.1 The following Terms and Conditions apply to all services offered by the Provider and regulate their use.
1.2 By registering, the User expressly accepts these Terms and Conditions and takes note of the data protection declaration pursuant to Art 12ff DSGVO, available at https://www.story.one/en/datenschutz/.
1.3 Any person who has not yet reached the age of 12 may not use the services of the Provider.
Services/essential characteristics of the service (the service)
2.1 The service consists of the free access and use of the story.one database of Storylution GmbH. This database can be accessed at https://story.one/en/. Through this database, the User can publish and/or read short (max. 2,500 characters) self-written stories (real experiences), upload photos, rate, share and comment on their own stories as well as those of others. In addition, the users can be contacted via messages.
2.2 The Provider can provide individual or all published stories for publication in a book. For this purpose, the authors of the selected stories will be contacted under the given data in order to make a corresponding agreement on the rights of use (see also point 5.).
2.3 The services include:
2.3.1 Offering the possibility of registration with a password at https://story.one/de.
2.3.2 After registration of the User, the provision of access for the User to the central story.one database.
2.3.3 Providing the User with their own profile via the story.one database, enabling the User to publish stories and photos, as well as to write or submit comments, messages and ratings. Comments on own stories are released by the User themselves. Both the User's own stories and those of third parties can be shared by other users and the Provider via the share links implemented on the story.one database and other platforms (such as email, Facebook, Twitter, LinkedIn and similar).
2.4 Registration and use of the story.one database are free of charge. However, the Provider reserves the right to charge fees in the future for services provided by them. In this case, they shall proceed in accordance with Section 10 (Amendment of the Terms and Conditions). However, there is no obligation on the User to make use of the Provider's chargeable services. The costs of the User's internet access shall be borne by the respective User.
2.5 With regard to the technical and economic development of the Internet, statutory regulations or legal requirements as well as the further development of its own- and third-party products, the Provider is entitled to make changes to the services it provides at any time.
Registration/contract conclusion
3.1 In order to use the services of the Provider, registration at https://story.one/en/ is required. To register at https://story.one/en/, the User needs an e-mail address and a password chosen by the User. Furthermore, registration with the User's Facebook or Google profile is also possible. The Provider reserves the express right to provide additional login options in the future.
3.2 The User is obliged to provide truthful and complete information during registration (especially with regard to contact details). Pseudonyms are permitted (except when creating a book with an ISBN, point 7.2.).
3.3 There is no right to registration. The Provider is entitled to refuse registration without giving reasons.
3.4 If the User registers at https://story.one/en/, a confirmation e-mail will be sent to the e-mail address provided by the User to confirm the registration. The registration process is not completed until the activation link sent to the User is confirmed.
3.5 After completion of the registration the User has the possibility to use the services of the Provider.
1.6 Upon registration, a contractual relationship is established between the Provider and the User, which is governed by the provisions of these Terms and Conditions.
Obligations, duties and rules of conduct of the User
4.1 In order to be able to use the services of the Provider to the full extent, the User must use the latest (browser) technologies or enable their use (e.g. activation of Java Script, cookies, pop-ups). If older technologies are used, the User may not be able to use the services of the Provider to their full extent.
4.2 The User shall keep the access data (password, username) strictly confidential and protect them from unauthorised access by third parties. They may not disclose the access data to anyone, including employees of the Provider. If the User has reason to believe that the access data (password, username) has become known to third parties in any way, they are obliged to change their password immediately and to inform the Provider immediately. If the User passes on the access data (password, username) to third parties, they shall be liable to the Provider for all damages caused by this.
4.3 The User undertakes to use the services provided by the Provider as intended and to refrain from actions which could damage or endanger the Provider and/or other Users and/or which could restrict the availability of the services for other Users. Intended use also includes compliance with all instructions, recommendations and the like which the Provider makes at the time of conclusion of the contract or thereafter, on its homepage, in operating instructions and/or other documents made available to the User.
4.4 The Provider offers the Users the opportunity to place content in their database, to communicate and interact with other Users. The User assures not to misuse the services of the Provider. In particular, the User must comply with the following rules:
4.4.1 The entry of personal data in the User's profile is at the User's own risk.
4.4.2 The publication of data of third parties (e.g. the creation of a profile for a third party) without the consent of the User is also not permitted.
4.4.3 The Community standards available at https://www.story.one/en/netiquette/ must be complied with, which should ensure a cultivated tone of communication.
4.4.4 The User bears sole responsibility for the content stored in their profile. The User undertakes to comply with all relevant statutory provisions (such as the Criminal Code [StGB], Pornography Act, Youth Protection Act, Prohibition Act, Telecommunications Act 2003 [TKG 2003], E-Commerce Act [ECG], Media Act, Copyright Act [UrhG], Act against Unfair Competition [UWG], Data Protection Act / Basic Data Protection Regulation [DSG/ DSGVO], to comply with any personal rights arising from other laws such as the ABGB (Austrian Civil Code), etc) when posting content on their profile, in particular not to disseminate any immoral, pornographic, obscene, racist, violence-glorifying, violence-reducing, right/left-wing extremist, insulting or other illegal content, material, information and/or photos.
4.4.5 The User also undertakes not to threaten or harass third parties and other Users and/or to violate their (personal) rights.
4.4.6 The User assures not to upload any data into the database that contains viruses (infected software) or software and content to which third parties have copyrights (unless the User has the necessary rights thereto or the consent of the entitled party).
4.4.7 It is prohibited to use the services of the Provider for commercial purposes (e.g. advertising, promoting and offering goods and services), advertising other websites and sending chain letters.
4.4.8 The User guarantees that they themselves are the writer of all uploaded texts and photos and/or holds all necessary rights of use to the extent required. If persons are depicted in photos, the User further warrants that the persons depicted agree to the corresponding publication.
4.5 The Provider is not obliged to check the comments and ratings regularly. They can delete content (stories, photos, comments, ratings, etc.) without giving reasons at any time. In particular, they will do so upon becoming aware of a violation of this point 4.
4.6 Irrespective of any consequences under civil and criminal law, the User shall indemnify and hold the Provider completely harmless for any damages - of whatever nature - and for any claims of third parties - of whatever nature - resulting from the violation of the User's obligations under point 4 of these Terms and Conditions.
Rights of use and copyrights of the uploaded contents
5.1 By uploading stories and photos, the Provider only acquires the right to publish, process, copy, make available and translate the stories in the sense of the description under point 2, i.e. they may keep the stories available on https://story.one/de/, or a corresponding successor website, in the (graphic) design corresponding to the website and provide the corresponding comment and evaluation functions and use them themselves. The content may be shared with other platforms via share links without restriction. In addition, the User as the writer remains the only one who is entitled to use and dispose of the content. They can determine themselves which content they keep available for retrieval for which period of time (except when creating a book with an ISBN, see Item 7.3.)
5.2 If the Provider wants to publish (individual) or all stories and/or photos in another medium, they will contact the User to make an appropriate agreement with them. Only in the case that such an agreement is reached, stories will be published (in the manner then agreed upon) in other media.
Rights of use and copyright of the database
The Provider is the sole holder of the rights of reproduction, distribution, processing and all copyrights as well as the right of incorporeal transfer and reproduction of the database in relation to the User. The use of the database and the contents, materials as well as brand and trade names provided by the Provider is permitted exclusively for the purposes specified in these Terms and Conditions.
Create book/print approval
7.1 The User has the possibility to have their stories printed in the form of a book. The User can choose between a book with ISBN for sale through bookstores or a book for purely private use. This service of the Provider is not free of charge.
7.2 To print a book with ISBN, the User must first authenticate their profile. In doing so, the Provider compares the User's real name with the account data provided, in particular the account holder. The account data provided by the User is stored and used by the Provider to pay out any winnings to the User from the sale of his book. The publication of a book with ISBN is only carried out under the clear name of the User.
7.3 If the User decides to create a book with an ISBN, he/she is obliged not to remove the content printed in it from the website for a minimum period of 24 months and to keep it available. This results in a distribution agreement between the User and the Provider, whereby the User grants the Provider all rights necessary for the printing and distribution of the book.
7.4 Furthermore, the Users have the possibility to ask other Users for permission to print their stories. For this purpose the offerer makes available prefabricated contract components, which the Users can use for the regulation of the casting permission. In any case, each permission to print contains a so-called bestseller clause, which grants the authors of the stories used a profit share of 6% (proportionate to the number of stories provided) from a sales figure of 5,000 books. In this case, profit payments are made directly by the Provider.
Groups (so-called "fires")
8.1 Users have the possibility to create a group (so-called "fire"). The User who creates the group is the moderator of this group.
8.2 There is no right to create a "fire". The Provider is entitled to refuse the creation of a "fire" without giving reasons.
8.3 The moderator decides which other Users may join the group and which content may be published in the group. In particular, the moderator has the right to deny Users the right to join the group and to remove individual stories in the group. In all other respects, the rights of the Provider in this regard remain unaffected.
8.4 In order to join a group, the User must declare his agreement to the moderator of the group regarding the rights of use and copyrights according to point 5.
8.5 The Provider reserves the express right to prohibit the use of geographical names (places, cities, regions, countries, etc.), trademarks and well-known slogans as group names.
Company-Challenges
9.1 As part of Company-Challenges, companies may invite Users to participate in a task (for example, to describe their best personal experience with the Company). Within the framework of these, companies can distribute or raffle various prizes or prizes to the participants.
9.2 In order to participate in a Company-Challenges, the User must declare his or her consent regarding the rights of use and copyrights according to item 5. to the company organizing the Company-Challenges. This does not include any further, in particular commercial use of the User's content.
Create Photobook
10.1 In the future, Users will have the option of having a photo book ("Instabook") printed with the text. Photos and text can either be imported from their own Instagram account or uploaded directly to story.one. The User can choose between a book with ISBN for sale through bookstores or a book for purely private use. This service of the Provider is not free of charge.
10.2 In order to print a photo book with ISBN, the User must first authenticate their profile. In doing so, the Provider compares the User's real name with the account data provided, in particular the account holder. The account data provided by the User is stored and used by the Provider to pay out any winnings to the User from the sale of their book. The publication of a photobook with ISBN is done under the clear name or the Instagram username of the User.
10.3 If the User decides to create a photobook with ISBN, he/she is obliged not to remove the content printed in it from the website for a minimum period of 24 months and to keep it available. This results in a distribution agreement between the User and the Provider, whereby the User grants the Provider all rights necessary for the printing and distribution of the photobook.
One-Minute-Videos
11.1 Users can upload videos with a maximum length of one minute (="One-Minute-Video") to story.one. These videos are then stored in the User's profile.
11.2 Users have the right to delete their videos at any time.
Currency
12.1 The Provider makes available on the Website its own currency called "Marbles".
12.2 Upon registration, each User receives 10 'Marbles'. In addition, a User gets 3 'Marbles' for each published story (max. 1x per day, max. 100 'Marbles' per year), 30 'Marbles' if their story becomes the story of the day and 30 'Marbles' for each newly acquired User that the User brings to the platform. The acquired 'Marbles' are stored on the profile of the User. In particular, companies can also distribute 'Marbles' to the participating Users within the framework of a company challenge organized by them.
12.3 The purchased "Marbles" are stored on the profile of the User. With "Marbles" the User can purchase various contents on the website. It is not possible to redeem money from existing "Marbles".
Availability/Warranty
13.1 The Provider does not guarantee the constant availability of their services. Downtimes due to maintenance, software updates and due to circumstances (such as technical problems of third parties, force majeure), which are beyond the Provider's control and therefore beyond the Provider's responsibility and which cannot be reached via the Internet by the services offered by the Provider, cannot be excluded. The User declares not to assert any claims for damages and/or warranty claims for failures.
13.2 The Provider does not guarantee that their services will meet the expectations of the customer, in particular that success (e.g. publishing the stories in a book etc.) will be achieved by using the database and by using the services of the Provider.
Liability
14.1 Insofar as this does not violate mandatory law, the Provider shall be liable for the compensation of damages caused by them, their employees and/or vicarious agents in connection with this contract only in the event that the cause of such damages was caused by gross negligence or intent. However, the associated limitations of liability do not apply to compensation for personal injury.
14.2 Irrespective of the limitation of liability according to point 8.1, the liability of the Provider for consequential damages, loss of profit, loss of data and financial losses is expressly excluded.
14.3 The Provider is neither liable for content distributed by the User on https://story.one/de/ nor for damages resulting from it (see also point 4.).
Decommissioning of the Service
The Provider is entitled to shut down the Service, which is the subject of this Agreement, in whole or in part, if its safety or the safety of Users is endangered. This right of the Provider also exists if the continued operation of the Service or parts of the Service is not economically reasonable for the Provider. The Provider shall notify the User of such measures without delay.
Penalties
The Provider reserves the right, in case of violations of the User against these Terms and Conditions,
- to warn the User,
- to delete contents of the User,
- to block the User temporarily or permanently and/or
- to terminate the contractual relationship prematurely and delete the User profile, in particular in the event of violations of points 4.2 to 4.4.
Amendment of these Terms and Conditions
The Provider is entitled to change these Terms and Conditions at any time. The Provider shall inform the User of such changes by sending the amended Terms and Conditions to the e-mail address provided during registration. The amendment of the Terms and Conditions entitles the User to terminate the contractual relationship in writing within a period of one month from notification. If the User does not terminate the contract within this one-month period, the amended Terms and Conditions shall be deemed to have been agreed.
Duration/Termination of the contractual relationship
18.1 This contract is concluded for an indefinite period of time. The User can use the database until he/she deletes his/her profile, has it deleted or is deleted by the Provider or the service is shut down by the Provider:
18.2 The User can delete his profile at any time without giving reasons and terminate the contract. For this purpose, a deletion option is available in Privacy Section. For authentication purposes, the User must enter his/her e-mail address and then press the delete button.
18.3 The Provider may terminate the contract with the User and delete the User's profile, in particular for the following important reasons:
18.3.1. User violates the points 4.2 to 4.4;
18.3.2. the Provider has drawn the User's attention to the violation of any other provision of this Agreement and has requested the User to remedy the violation by setting a deadline of at least 14 days and the User does not comply with this request within the set deadline.
18.4 The content published by the User (stories, photos, messages, comments, ratings, etc.) will also be automatically and irretrievably deleted after the deletion of his profile. Exception see point 7.3.
Independent Service Providers
19.1 Services offered by third parties in the database (so-called Internet Content Providers, in short: ICP) may be subject to additional conditions and may be subject to a fee for the User. The User is obliged to inform themselves about the General Terms and Conditions and fees of ICP before using its services. The contractual relationship concerning the services offered by ICP is only between ICP and the User, not with the Provider.
19.2 The Provider assumes no liability - of whatever kind - for the services of ICP.
Confidentiality/Data Protection
20.1 The User undertakes to treat as confidential any messages or data of other Users (such as names, telephone and fax numbers, e-mail and residential addresses, URLs etc) which they receive in connection with the use of the database. The User may not make them available to third parties, either in whole or in part, directly or indirectly, without the prior written consent of the other User.
20.2 The Provider and the User are obliged to comply with the provisions of the Data Protection Act (DSG), the Basic Data Protection Regulation (DSGVO) and any other legal confidentiality obligations.
20.3 For the purpose of fulfilling the contract, the Provider processes the User's personal data required for this purpose. The detailed data protection information (data protection declaration) in accordance with Art 13 ff DSGVO can be found on our homepage at: https://www.story.one/en/datenschutz/.
20.4 The above obligations shall also apply after termination of this contractual relationship.
Approval according to § 107 TKG
The User agrees to receive messages in the sense of § 107 of the German Telecommunications Act (Telekommunikationsgesetz) from the Provider or from companies commissioned by the Provider for this purpose for advertising purposes about their own and similar products and events. This consent can be revoked by the User at any time at [email protected].
The consumer's right of withdrawal from contracts concluded at a distance or away from business premises
22.1 In the case of consumer contracts, the User may withdraw from a contract concluded at a distance or outside business premises within 14 days of the conclusion of the contract without giving reasons. If the last day of the period falls on a Saturday, Sunday or public holiday, the period ends on the following working day. It is sufficient if they have sent the declaration of withdrawal within the period.
22.2 In case of withdrawal, the profile will be deleted from the database https://story.one/en/ and it will no longer be possible to use the free service of the database.
22.3 To exercise the right of withdrawal, the consumer can use the withdrawal form Enclosure ./A.
22.4 The activation for the use of the services of the Provider is considered as the execution of the services. With the active registration, the User declares the express request for the premature provision of services even before the end of the withdrawal period.
22.5 The User hereby acknowledges and expressly agrees that upon initial registration (activation of the activation link) the Provider's performance of the Services will take place before the end of the withdrawal period pursuant to § 11 FAGG. However, this does not imply the loss of the right of withdrawal according to § 18 FAGG.
Appeal Procedure
23.1 The User may report the misuse of the database by other Users or also submit a complaint to Storylution GmbH. For this purpose a message can be sent to [email protected] stating the subject of complaint.
23.2 As soon as a complaint is received, the User will receive a short information e-mail about the receipt of the complaint. The Provider will examine this complaint and send a response by e-mail to the User within the next 14 days at the latest (about the result, the necessary information or if further information is needed). After the User has replied, further examination or a subsequent review of the request will take place, if necessary.
23.3 Users also have the opportunity to submit complaints to the EU online dispute resolution platform: http://ec.europa.eu/odr.
Place of Performance/Court of Jurisdiction/Choice of Law/Language of Contract
24.1 The place of performance is Salzburg.
24.2 For legal disputes with consumers within the meaning of the Consumer Protection Act (KSchG), who have their residence or habitual abode in Austria or are employed in Austria, the statutory places of jurisdiction shall apply.
24.3 Austrian law shall apply, with the exception of the referral norms of international private law (e.g. IPRG, ROM I-VO) as well as the UN Sales Convention.
24.4 The contractual language is German.
Partial Invalidity
If any provision of this contract is or becomes legally ineffective, invalid and/or void in the course of its duration, this shall not affect the legal effectiveness and validity of the remaining provisions. In this case, the parties to the contract undertake to replace the legally ineffective, invalid and/or void (which has become legally ineffective, invalid and/or void) provision by a provision which is legally effective and valid and which corresponds in its economic effect to the replaced provision - as far as possible and legally permissible.
Final Provisions
26.1 All declarations of a legally binding nature on the basis of this contract must be made in writing to the e-mail address of the other contracting party last notified in writing. If a declaration is sent to the e-mail address last notified in writing, it shall be deemed to have been received by the respective contractual party.
26.2 The titles of the headings selected for the individual chapters are for the sole purpose of clarity and shall therefore not be used for the interpretation of this Agreement.
II) Right of withdrawal according to FAGG
According to the FAGG, Users have a 14-day right of withdrawal. More detailed information on the conditions of the right of withdrawal, the time limit and the exercise of the right of withdrawal is provided by the form that can be downloaded here and which can be used to exercise the right of withdrawal. The User hereby acknowledges and expressly agrees that upon first-time registration (activation of the activation link) the Provider's performance of the service is carried out before expiry of the withdrawal period pursuant to § 11 FAGG. The loss of the right of withdrawal according to § 18 FAGG is not associated with this.