This is an agreement between the natural or legal person mentioned in your MindZip account (hereinafter referred to as "Content Editor" or "the Publisher"), author of self-written content summaries and thoughts on books, blog articles, videos, seminars or other knowledge media (hereinafter referred to as “abstract” or "abstracts") and MindZip.net GmbH (hereinafter referred to as "MindZip").
The subject of the contract is the publication of abstracts (fee based or free of charge) on the MindZip website www.mindzip.net ("Website") and the MindZip App ("App").
This Agreement contains the Terms of Use for the distribution of your Abstracts through our App and Website and consists of the following:
• the Content Editor Terms of Use listed below;
• the general terms of use (EULA) in the app and on our website;
• the Privacy Policy in the app and on our website.
§ 1 Acceptance of the agreement
(1) The Content Editor declares that he will comply with the terms and conditions by "clicking" on this Agreement. If Content Editor disagrees with the terms of this Agreement, he will not be entitled to publish its Abstracts and make it available to other users.
(2) If the Content Editor is a legal entity, the individual entering into this agreement on behalf of the publisher hereby declares that he / she is authorized to enter into this agreement as an authorized representative of the publisher.
§ 2 Grant of rights to Abstracts
(1) The Content Editor hereby grants MindZip the non-exclusive, temporally, spatially and substantively unlimited right to use, exploit and distribute Abstracts in the context of the Website and the App comprehensively, also with the aim of commercial marketing. The granting of the right expressly includes all known and unknown forms of offerings on the Internet, in particular the possibility of integration within fee-based online services, websites and apps as well as within the freely accessible internet. In particular, the Content Editor MindZip grants the following non-exclusive, temporally and territorially unlimited rights of use:
a) Free and unlimited access to view the authored Abstracts of the Content Editor. All electronic files must be free from viruses or other potentially harmful or disruptive codes.
b) The right of reproduction, public release and distribution, that means the right to reproduce and make publicly available or publicly reproduce the Abstracts without limitation, including any more technical means, including but not limited to the digital inclusion of the Website and the App;
c) The right of availability on demand, that means the right to save the abstract, to make it available to the public, to broadcast to one or more users, in all analogue or digital electronic databases, electronic data networks and telecommunication services networks;
d) The right of public communication, that means the right to reproduce the abstract commercially or otherwise, by sound carriers, image carriers, video carriers, multimedia carriers or other data carriers, in particular also magnetic tapes, magnetic tape cassettes, optical disks, chips, in all formats, using all analogue and digital methods and techniques publicly;
e) Advertising law, that means the right to use the abstract for the promotion of the website and the app, also in any other media and outside the internet, namely on television and in print media, but not for the promotion of third party products.
(2) The granting of rights also includes partial use of abstracts and use in conjunction with other works.
(3) The right to use the respective title of abstracts as well as names, titles, logos and images of the Content Editor on the Website, in the App and in the relevant advertising for the Website and the App in respect of the execution of this contract.
§ 3 Duties of the Content Editor
(1) By clicking on the "Publish" button immediately after the registration has been completed, the content editor will publish the abstract for publication on the website and in the app and for sale or free of charge to other users.
(2) The Content Editor undertakes to obtain information about the permissibility of abstracts of copyrighted works and to create abstracts accordingly.
(3) In order for the Content Editor to receive royalties for the sale of abstracts, it is required to provide certain account information.
§ 4 Obligations of MindZip
(1) MindZip must clearly name the Content Editor as the author on the website and in the app in which he integrates abstracts.
§ 5 Guarantee of the right ownership, exemption of MindZip
(1) The Content Editor guarantees that he is the owner of the transferred rights and that he is able to effectively grant the rights specified in the MindZip in § 1 of this contract. The Content Editor also warrants that the works are free of third party rights that could be contrary to the contractual right grant. The Content Editor guarantees that the use of Abstracts under this Agreement will not infringe any third party privacy rights.
(2) The Content Editor shall indemnify MindZip from all claims of third parties on the basis of their first request, which they may have based on or in connection with the culpable use of the app and the website by the Content Editor from existing license plates, designs, utility models, patent Assert copyright and / or other intellectual property rights or in particular for infringement of personal rights or for violations of legal prohibitions against MindZip. The costs of proper legal defense and / or prosecution of third parties incurred by MindZip in this regard are borne by the Content Editor.
If the Content Editor recognizes or must recognize that such a breach is imminent, there is a duty to immediately delete the infringing content and to inform MindZip.
§ 6 contract term, termination
(1) This Agreement begins upon acceptance of the Content Editor of these Terms and Conditions and continues indefinitely.
(2) MindZip is entitled to terminate this Agreement and access to the Content Editor Account at any time and in its sole discretion with a notice period of five business days. The Content Editor is entitled to terminate the agreement at any time by written notice to MindZip. In this case, MindZip discontinues the sale of abstracts within five business days from the date of receipt of the notice of termination at MindZip. All rights to abstracts acquired by customers at the time of termination will survive termination.
(3) The right to extraordinary termination remains unaffected.
§ 7 Prices and Payment Methods
(1) The Content Editor sets the prices for the sale of abstracts to other users of the website and app. The coins used for the purchase include the VAT valid on the day of the coin purchase.
(2) MindZip pays the Content Editor a license fee of 70% of the net proceeds (minus all taxes levied on the respective sales and other transaction fees of the respective one) for each granted and paid copy of abstracts app stores or credit card processing fees.)
(3) The earnings will be credited directly to the Content Editor. Paid in will not earn interest.
(4) The Content Editor may at any time request the transfer of a credit balance existing on his account from EUR 50 to his bank account. The monthly income is accumulated until the minimum amount of EUR 50 is reached for a payout. The Content Editor will confirm his request to pay with the amount of money and account details. For the payment of income below EUR 50, the licensee charges a fee of EUR 5 per transaction.
(5) Payment of the proceeds to the specified bank account will be made approximately 60 days after the end of the calendar month in which the payment request was made. An overview with detailed information about the sales of Abstracts and the corresponding license fees is available to the content editor in the app at any time.
(6) MindZip may withhold royalties and charge them for future payments as listed below.
a) If MindZip pays the Content Editor for a sale royalties and later makes a refund, refund or credit for this sale, MindZip may charge the royalties paid with future royalties.
b) If a third party alleges violations of the Content Editor, MindZip is entitled to withhold any royalties due until it has been reasonably ascertained that the claim of the third party was lawful. In the case of infringements that have actually been discovered, MindZip owes the Content Editor no license fee for the respective abstract and may offset any license fees that have already been paid in the past with any future license fees due or demand repayment.
c) Upon termination of this agreement, MindZip may retain all royalties due for a period of three months from the date from which they are payable to offset any refunds or other set-offs to which MindZip may be entitled in respect of any royalties.
d) If MindZip terminates this agreement due to content editor violations, it loses any claim to royalties that have not yet been paid. If the Content Editor opens a new account without explicit permission after the old account has been terminated, MindZip will not be liable to the Content Editor for the new account.
(7) MindZip is responsible for collecting and discharging all taxes levied on the respective sales of Abstracts to users. The Content Editor is responsible for any income or other taxes due and payable on any payments made by MindZip under this Agreement.
(8) Legal proceedings or other legal action against MindZip in respect of payment settlements are only permitted if they are initiated within six months of the availability of the billing statement.
§9 Limitation of Liability, Force Majeure
(1) The app and the website are provided "as is" without warranty. Irrespective of the cause and theory of liability, MindZip is not liable for loss of data, lost profits, costs for replacement or any other special, incidental, consequential or indirect damages, or for more severe damages or felony substitution arising out of or in relation to this agreement arises, nor for equitable legal remedies such as profit collection or other remedies. Any liability of MindZip under this agreement will be limited to the amount of the fees payable and payable by MindZip for a period of twelve months prior to the claim being made under this Agreement. The publisher acknowledges and agrees that MindZip cannot ensure that Abstracts submitted by the publisher or on its behalf is protected against theft or misuse or that users agree to the Terms of Use for abstracts, MindZip in connection with the use or creation of abstracts can provide. MindZip endeavours to make its systems and procedures error-free and efficient, but accepts no liability for the failure of a security system or process, interruptions, inaccuracies, errors, delays, or user's non-compliance with terms of use.
(2) MindZip shall not be liable for any failure or delay in the performance of its obligations under this Agreement as a result of any event or circumstance for which MindZip is not responsible, including but not limited to denial-of-service attacks, Uprising, fire, floods, storms, explosions, force majeure, war, terrorism and working conditions.
§ 9 Final Provisions
(1) This contract is subject to the law of the Federal Republic of Germany to the exclusion of the UN sales law.
(2) The Content Editor is obliged to inform MindZip in writing of any change of address by e-mail. For notices of MindZip according to these terms of use and according to the copyright law applies the address of the Content Editor mentioned in the registration form, respectively the last address of the Content Editor communicated via email.
(3) All agreements between the parties are contained in this contract document together with the documents referred to. Further agreements do not exist.
As of 18 May 2018
