Media Kit

15 § 1 Validity, Exclusivity 1. For the acceptance andpublicationof all advertisingorders and follow-uporders these GeneralTermsandConditionsareexclusivelyapplicable, togetherwith thepublisher‘spri- ce list valid at the time the contract is concluded,whoseprovisions constitute an integral elementof thecontract.ThevalidityofanyGeneralTermsandConditionsof thecustomer is excluded to theextent that theydonot conformwith theseGeneralTermsandConditions. 2.TheseGeneralTermsandConditionsapplymutatismutandis toorders for supplements. Supplements shall only be accepted by the publisher following submission of a sample and checkingby thepublisher. § 2 Offer, Conclusion of Contract 1.Advertisingorderasused in theGeneralTermsandConditionsbelow shallmeana con- tracton thepublicationofoneor severalads, third-partysupplementsorotheradvertising materials of an advertising company or other commercial advertiser in any advertising media (print/digital) for thepurposeofdistribution. 2.Orders foradvertisingmaterialmaybemade inperson,by telephone, inwriting,by fax, byemailorvia the internet.Thepublisher isnot liable for transmissionerrors. 3.Acontractshallnotbedeemed toexistuntil thepublisher issuesanorderconfirmation in writing.Theprice listvalidat the time theorder isplaced shallapply. 4.At thepublisher‘sduediscretion it shallbe authorized todecline orders and individual releasesofadvertisements thatoccurunder anoverall conclusionof contract.This applies inparticular if their contents violate laws or officialprovisions, orwere considered objec- tionableby theGermanPress orAdvertising Council in a complaintsprocedure, or if their publication isdeemedunacceptable to thepublisherdue to their content,origin or technical formator,due to their formatorpresentation,would lead the reader tobelieve that they constitute editorial content, or if they contain advertisements by third parties. Thepublisher shallmake its refusalknown immediatelyuponacquiringknowledgeof the relevant contents. § 3 Contract Implementation 1.Ordersmustbe completedwithinone yearof conclusionof contract, commencingwith thefirstplacement (publication)of theadvertisingmaterial. 2.Thecustomershallsupply thepublisher ingood timewithallcontent, information,data, filesandothermaterials (“copy“) thatarenecessary for theadvertisingmaterial,and these shall be complete, free of errors and viruses and shall conform to the contractual agree- ments. If copy is transmitteddigitally to thepublisher (e.g.by CD-ROMor e-mail) itmust be exclusively sent in lockedfiles, i.e. infiles inwhich thepublisher isunable to alter the contents. The publisher shall assume no liability for the faulty publication of advertising materialwhichhasbeen sent in openfiles (e.g. infiles saved in CorelDraw,QuarkXPress, Freehand).Fileswhichbelong togethermustbe sentor saved ina commondirectory (fol- der). In theevent that thecustomerdigitally transmitsprintcopy forcoloradvertisements, the customer shall, at the same time, supply a color proof and proof protocol or measu- rement protocol. Should the customer fail to comply with this stipulation it shall not be entitled to compensation in respectofany colorvariationswhichmayoccur.The customer warrants that allfiles supplied are freeof computer viruses.Thepublisher shall retain the right to delete files containing computer viruses. No claims on the part of the customer shallderive from suchaction.Thepublisheralso reserves the right to claimdamages if the computer viruses cause furtherdamage at thepublisher.Thepublisher shall immediately demand replacement of clearly unsuitable or damaged copy. Copy shall only be returned to the customer if specifically requested. Failing this, it shall become the property of the publisher.Theobligation to storealldocumentswhichare sentexpires threemonthsafter publicationof the respectiveorder. 3.Costs for theproductionofordered copy,filmsordrawings shallbeborneby the custo- mer,which shall alsobear all costs for changes tooriginally agreed versions requestedby the customeror forwhich the customer is responsible. 4. Proofs shall only be supplied upon express request. The customer shall bear the re- sponsibility for the correctness of the returned proof. In the event that the proof is not returned to the publisher on time, the customer shall be deemed to have authorized the advertisingmaterial. 5.Upon request thepublisher shall furnish an adviceof the advertisingmaterial together with the invoice. In the event that such an advice can no longer be obtained, the pub- lisher shall instead send confirmation that the advertising material has been published anddistributed. 6.Thedesign and labelingof advertorial styled advertisingmaterialmustbe agreedwith the publisher in a timelymanner prior to publication.Text-style advertisementsmust be distinguishable from themagazine textby their typeface.Thepublishershallbeentitled to clearly labeladvertisingmaterialsasadvertisements if theyarenot recognizableas such. 7.Replies sent toboxnumberadvertisementsarekeptup to fourweeks followingpublica- tionof the relevantadvertisementandaresent to thecustomerby regularmail (even if the said replieshavebeen sentbyexpressor registeredmail).Notwithstanding this, thepub- lisherassumesno responsibility for the safekeepingand timely forwardingof theoffers. 8.The advertisingdeadlines andpublicationdates stated in theprice list arenon-binding for the publisher.The publisher is entitled to adjust them at short notice to suit the pro- duction run. 9.Ordersmay onlybe canceled ingood time,no later than the advertisingdeadline, and inwriting,by faxorbye-mail.Customersmustpay foradvertisementswhichhavealready gone topress.Otherwise, thepublishermaydemand reimbursement foranycosts incurred until the cancellationnotification, inaccordancewith statutory regulations. 10.The customer is responsible for the content and the legal permissibility of the adver- tising material. The customer indemnifies the publisher from any claims of third parties stemming from thepublicationof theadvertisingmaterial, including reasonable costs for legal defense. The publisher is not obliged to verify whether advertising material affects the rightsof thirdparties. In theevent that thepublishere.g.becomesobligedbya court ruling toprint a correctionor revisiondue to the released advertisingmaterial, the custo- mer shalleffectpayment for saidpublicationasper the currentlyvalidprice list. 11.Advertisingagenciesareobliged, in theiroffers,contractsand invoices to those running theadvertisements, toadhere to theprice listof thepublisher.Thecommissionpaidby the publisher iscalculatedbasedon thenetcharge to thecustomer, i.e. followingdeductionof anydiscounts,bonusesanddiscountsdue todefects.A commission shallonlyapply toor- ders from thirdparties.The commission isonlypaid toadvertisingagencies recognizedby thepublisherandprovided that theorder isplaceddirectlyby theadvertisingagency,and that the said advertising agency is responsible for furnishing the finished and ready-for- pressprinting copyandhas registered itsbusinessasanadvertisingagency.Thepublisher isentitled to refuseorders fromadvertisingagencies if therearedoubtsas to theprofessi- onalpracticeof theagencyor its creditworthiness.Ordersbyadvertisingagencies shallbe made in theirnameandat theirownexpense.To theextent thatadvertisingagenciesplace orders, in theeventofdoubt the contract shallbe concludedwith theadvertisingagency. Ifanadvertiser is tobe the customer, thismustbeagreed separatelyandwith thenameof the advertiser explicitly stated.Thepublisher is entitled to require the advertising agency toproduceproofof itsmandate. § 4 Prices, Conditions of Payment, Discounts 1.Theprice for thepublicationofadvertisingmaterial isbasedon theprice listvalidat the time theorder isplaced.Thepublishermayapplypriceswhichdiffer from those in theprice list foradvertorial styledadvertisingmaterial, supplements, specialpublicationsand coll- ections,aswellas foradvertisingmaterialordered following theexpirationofadvertising deadlines.Price changes in respectoforders alreadyplacedmaybe applied to companies if the publisher has notified them thereof at least one month prior to publication of the advertising material. In the event of a price increase, the customer shall have the right towithdraw from the contract.The rightofwithdrawalmustbeexercised inwritten form within14daysof receiptofnotificationofanyprice increase. 2.Thediscountsspecified intheprice listaregrantedsolelytothecustomerandonly forthe advertisingmaterialplacedover the courseofoneyear („advertisementyear“).Frequency discounts areonly validwithin an advertisement year.Unlessotherwise agreed, the term commenceswith theplacementof thefirstadvertisingmaterial. 3. Ifanorder isextended, the customer shallbeentitled toa retroactivediscountprovided that thebasicorderwasoriginallyeligible foradiscount.Saidentitlementshall lapse ifnot claimed within one month of expiry of the advertisement year. If an order fails to reach the forecast order volume, the excess discount granted shall be subsequently invoiced to the customer. 4.Unlessotherwiseagreed, following receiptof the invoiceorders shallbepaid forwithin theperiod specified in theprice list.The so-calledprenotificationdeadline after the SEPA Core Direct Debit has been shortened to four days. The publishing house shall have the right to assign their claims against the client to third parties. If the client is in payment default regarding a claim, allother claims against this client canbedeclareddue andpa- yable. In theeventofpaymentdefault,dunningand collectionexpenses shallbe charged to thecustomer. In theeventofpaymentdefault, thepublishershallbeauthorized todefer deliveryona current contractuntilpayment ismade,aswellas requireadvancepayment. Incaseof reasonabledoubtconcerning thecustomer‘sability topay, thepublisher shallbe authorized, includingduring the termof anoverall contract, todeviate from anoriginally agreed due date of payment and tomake the publication of further advertisingmaterial dependent on advance payment and the settlement of outstanding invoiced amounts. Erroneous invoicesmaybe correctedby thepublisherwithin sixmonthsof issue. 5.Allpricesexclude statutoryVATamountson theday the invoice is issued. 6.Fororders fromabroadwhicharenot subject toVAT, the invoice shallbe issuedwithout VAT.Thepublisher isentitled to chargeVAT retroactively should the taxauthorities confirm that theadvertisingorder is subject to taxation. 7. In the event of a decrease in circulation, if the customer has concluded a contract for multiple advertising materials it shall be entitled to a discount if, as an overall average for the advertisement year which commences with the first placement, circulation falls shortof the average circulationquoted in theprice listor elsewhere,or– ifno circulation is specified – falls short of the average circulation sold (if sales figures are not available, then theaverageactual circulation) in theprevious calendaryear.Adecrease in circulation shallonly constituteadefectentitling the customer toadiscount ifa specified circulation wasunderachievedbyat least20%.Anyotherentitlement toprice reductionsoncontracts is excluded if the publisher has notified the customer of the reduction in circulation in such timely manner that the customer was able to withdraw from the contract prior to publicationof theadvertisingmaterial.Saidentitlements toprice reductions forcustomers whoarebusinesspersons lapse12monthsafterpublicationof theadvertisingmaterial. § 5 Warranty for Defects 1. No warranty is made for inclusion of advertising material in certain issues or editions, or in certainpositions. 2. Intheeventthecustomer failsto followthe recommendationsofthepublisher regarding the creation and provision of copy, the customer shall have no claims in respect of faulty publication.This shall also apply in the event that the customer fails toobserve theother provisionsof theseGeneralTermsandConditionsor theprice list. 3. Complaintsmust be lodged by the customer in respect of obvious defects not later than twoweeks following receiptof invoice. Fornon-obviousdefects, the customermust issue a complaintnot later thanoneyearafterpublication. In theevent theadvertisingmaterialhas been reproducedwithdefects–despitepromptdeliveryoferror-free copyand complaint in good time– the customermaydemanda substituteplacementappearanceof thematerial withoutdefects (subsequent fulfillment),howeveronly to theextent that thepurposeof the advertisingmaterialwas adversely affected. Claims for subsequent fulfillment are excluded if they subject the publisher to unreasonable expenses. In the event the publisher is given a reasonable time limitandallows it toexpire,or refuses toperform subsequent fulfillment, or if the customer cannot reasonably be expected to accept subsequent fulfillment or said fulfillment isunsuccessful, thecustomershallhave the right towithdraw from thecontractor bringa claim foraprice reduction, to theextent that thepurposeof theadvertisingmaterial hasbeenadverselyaffected.Withdrawal forminordefects isexcluded.Warranty claims from businesspersonsshall lapse12months followingpublicationof theadvertisingmaterial. 4. In theevent thatdefects in thecopyarenot immediatelyapparentbutbecomeapparent duringprocessing, the customer shallbear the additional associated costsor losses incur- redduringproduction. In theevent thatdefects in the copyarenotobvious, the customer shallhaveno claims in respectof inadequatepublication.The same shallapply toerrors in repeatedplacementsofadvertisingmaterial if the customer fails todrawattention to said errors ingood timeprior topublicationof thenextplacement. 5.Thepublisheracceptsno responsibility for theaccuracyof thequantityorqualityof the material suppliedby the customer (bound inserts, supplementsetc.). § 6 Liability, Force Majeure 1.Claims fordamagesby the customer against thepublisher are excluded, irrespectiveof the legal grounds, in particular claims arising from delays, breach of contractual obliga- tions,violationof the industrialproperty rightsof thirdpartiesand tortiousactions.This li- abilityexclusionshallnotapply in theeventof intentorgrossnegligenceon thepartof the publisher, its representatives and vicarious agents, or in the event of ordinarynegligence which leads to thebreachofa contractualobligationwhich ismaterial to the fulfillmentof the contractualpurpose,or in theevent that the claims fordamagesarise fromawarranty ofquality. In theevent thepublisher is liableon themerits, theclaim fordamages is limited to the foreseeable losses.This liabilityexclusion shallnotapply in theevent saiddamages were caused by intent or gross negligence by the publisher, its representatives and vica- rious agents, or if claims for damages are based on the Product Liability Act, or arise in connection with injury to life, limb or health. To the extent that the publisher‘s liability isexcluded, this shallalsoapply to thepersonal liabilityof itsemployees, representatives, bodiesandvicariousagents.Allclaims fordamagesagainst thepublisherexpire12months after thepoint in timeatwhich the customerbecameawareor shouldhavebecomeaware of the circumstances substantiating the claim. 2. In the event of force majeure and industrial dispute actions which are not the fault of the publisher, the publisher is freed from the obligation to fulfill the order; no claims for damages shallarise from this. § 7 Concession of Rights The customer warrants that it holds all rights necessary for the placement, publication and distribution of the advertising material. The customer shall grant the publisher the necessary copyright, usage and performance protection rights and other rights which permit theuse of the advertisingmaterial for its intendedpurpose in the relevant adver- tisingmedia, inparticular the rightsnecessary forduplication,distribution, transmission, dispatch, processing, presentation in the public domain, storage in a database, retrieval from a database and provision for download, in terms of time, space and content and to theextentnecessary for theexecutionof the contract.Theaforementioned rightsare inall casesgrantedwithoutgeographical restrictionand conferauthorization forplacementby allknown technicalmethodsand inallknown formsofadvertisingmedia. § 8 Data Protection Data processing shall be carried out in accordance with the applicable regulations of the Federal Data Protection Act and the European General Data Protection Regulation. VM Verlag GmbH shall collect, process and use the customer’s personal data. Further information on data processing and data protection can be found in the data protection policy of VM Verlag GmbH at https://de.extrusion-info.com/images/Datenschutzerklärung.pdf § 9 Out-of-court Online Dispute Resolution TheEuropeanCommissionhassetupaplatform foronlinedispute resolution.Youcan reach thisat: http://ec.europa.eu/consumers/odr/. Consumerscanuse theplatform to resol- ve theirdisputes.Weareneitherwillingnorobligated toparticipate inadispute resolution procedurebeforeadispute resolutionbodyunless there isa legalobligation toparticipate. § 10 Place of Performance, Place of Jurisdiction, Reimbursement of Costs 1. The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods and excluding conflict of laws. The place of performance is the publisher’s registered office. The place of jurisdiction for lawsuits againstmerchants, legalpersonsunderpublic lawor special fundsunderpublic law shall be thepublisher’s registeredoffice. 2.The client shallbearall charges, costsandexpensesarising in connectionwithany legal prosecution conductedagainst themoutsideofGermany. General Terms and Conditions for Advertisements, Supplements, Digital and Online Advertising