Terms

KiVVON Terms of Use

Welcome to KiVVON! As a service provided by KiVVVON Media GmbH, Berlin, it's essential to understand our Terms of Use. These terms, along with our content policy, govern your access to the platform and use of our services on kivvon.com.

1. About KiVVON

We refer to the content and comments published on KiVVON as content. KiVVON offers you up-to-date editorial and journalistic content and you choose your topics and interests. You have the opportunity to react to content and exchange ideas with others by writing comments and submitting your own content of all kinds (texts, images, audio files and videos).

You are free to decide on which topics, from which channel or from which other users content is suggested and shown to you. To interact with content on the platform, you must register for a user account on KiVVON. You can comment on third-party content or contribute to your preferred favourite channel by providing your own content. And if you create your own high reach content and believe it is too good to get lost in the crowd on other platforms, you can become a channel owner (broadcaster) on KiVVON.

2. Using KiVVON

2.1.

KiVVON is a freely accessible platform, and by using it, you enter into a binding agreement based on these terms .

2.2.

Access to paid content: On KiVVON, publishers (channel owners) have the option of providing content for a fee, which is made accessible through a one-time payment. You are free to use these paid offers. The respective price for access to a content will be clearly displayed to you before activation.

Payment options: You can choose between two payment methods to activate content:

One-time payment: You pay the displayed price directly to activate the content.
Balance top-up: You can top-up your KiVVON wallet with credit that can be used for future activations. Please note that this credit is non-refundable. By topping up your credit, you receive an amount in advance that can be used to activate the content.

Advantages of the balance: The procedure with the balance can speed up the activation of content compared to one-time payments.

2.3.

To use KiVVON, you must be at least 16 years old when you register. If you are under 18, you need the consent of your parents or legal guardians to register for a user account on KiVVON. In order to effectively give their consent, your parents or legal guardians must have noted these terms and conditions. If your parents or legal guardians authorise you to use KiVVON as a minor, they are responsible for your activities on KiVVON.

3. Your User Account

3.1.

When opening your user account on KiVVON, you are obliged to provide the required information correctly and completely. The e-mail address you provide is also used for our communication with you. If you provide false information when opening your user account, we have the right to block your account and delete your content. You are obliged to keep the data you have registered up to date. You should be aware that in the event of certain criminal or civil law claims, such as defamation or suspected criminal offences, we may share your data with the relevant authorities.

3.2.

When creating your user account, you may choose a pseudonym as your username, which does not necessarily correspond to your real name. The username can be freely chosen by you as long as you do not infringe the rights of third parties (e.g. personal or trademark rights) or the pseudonym has not already been taken by another user. Domain names or URLs are not allowed as usernames. We reserve the right to change the username you have chosen if we conclude that the username you have chosen may infringe on the rights of third parties or violate the principles of our content policy.

3.3.

You must choose a secure password to log in to KiVVON. You are obliged to use your access data responsibly. We expect you to always keep your password secure. In particular, you are prohibited from disclosing your access data to third parties and/or granting third parties access to your user account or transferring your account to another person. Please change your password from time to time and whenever you have the impression that it may be known by others. If you become aware of unauthorised access to your account, you must notify us immediately.

3.4.

If you breach these obligations and your account is used by a third party, you are responsible for all activities that take place under your account. You are only not liable if it can be proven that you are not responsible for misusing your user account.

4. Your Content on KiVVON

4.1.

With your own KiVVON account, you have almost unlimited possibilities to react to content on KiVVON or comments from other users. You can publish your content in almost any format (video, voicemail, pictures, music, text, etc.). A prerequisite for posting your content is that you follow our content guidelines and do not violate other legal requirements or the rights of our channel owners, other users, or us.

4.2.

Among other things, you are obliged to do the following:

Among other things, you are obliged not to upload or link to any content on KiVVON that violates applicable laws or morality through its content, form, or design or in any other way. Among other things, you agree not to upload or link to any Content on KiVVON that, through its content, form, or design, or in any other way violates applicable law or morality;
Not post content or actions that are unlawful, misleading, discriminatory or fraudulent;
Treat other users with respect and not be offensive if you have a different opinion;
Not remove the anonymity of other users, disclose other users' information from non-public private messages, emails, or chats, or publish other private or confidential information of other people without their express consent;
Not attempt to create additional user accounts in an unauthorised manner;
Install viruses or malicious code or do anything that may interfere with the proper functioning or appearance of our Platform;
Not access, collect or otherwise attempt to access any content or other data on our Platform that you are not authorised to access without our prior express permission;
Linking to websites and content in your posts that contradict our content policy or legal requirements.

4.3.

You must avoid anything that could damage the operation of KiVVON or the technical infrastructure behind it. In particular, this includes the use of automated processes, scripts, or databases in connection with the use of the platform; the automatic reading, interception, overwriting, modification, and copying of data and/or other content, unless this is necessary for the correct use of the platform and has been expressly authorised by us in advance.

5. Content Responsibility

5.1.

You are solely responsible for your content published on KiVVON. Your content on KiVVON is subject to our Content Policy, which you expressly accept together with these Terms of Use when you open your KIVVON account.

5.2.

If your use of the content constitutes a violation of third-party rights or legal requirements, we are obliged to remove this content after the determination of this infringement. In this case, we will follow the relevant provisions of the Network Code of Practice (NetDG).

5.3.

You are solely responsible for the content uploaded and published by you. We shall indemnify you against any damage caused by you as a result of recourse or claim for infringement of industrial property rights (in particular copyrights, trademark rights and naming rights) as well as general personal rights for which you are responsible through content published by you on KiVVON or other behaviour by you on KiVVON and in connection with KiVVON.
You undertake to reimburse KiVVON for all costs incurred by us due to claims made by third parties as a result of the aforementioned actions. Furthermore, you undertake to support us in the defence against such claims. Reimbursable costs include the costs of appropriate legal defence.

6. Compliance with Copyright and Trademark Law

6.1.

Only content that you have created yourself or that you otherwise have all the necessary rights to use, i.e. in particular the necessary copyrights and/or trademark rights, may be published on KiVVON.

6.2.

There is copyright-protected content (e.g. images) on the Internet, for which the rights holder has granted you the necessary licence rights for free use. You must clarify beyond doubt whether and to what extent this is the case. If you are in doubt as to whether you have the necessary rights to the content you are using, you must not use it on KiVVON. Please note that the granting of the right to use the content free of charge may be linked to the author's binding claim to always be named as the author when his or her work is used. Linking to third-party content that is freely available on the Internet is possible without any restrictions.

6.3.

Content freely accessible from KiVVON may be embedded or framed by you on other websites and of course linked from there to content on KiVVON. This does not constitute copyright infringement unless we have taken technical measures against embedding in individual cases and you deliberately circumvent these measures.

7. Your Usage Rights Granted to KiVVON

7.1.

When you publish content on KiVVON, you grant us a free, non-exclusive, transferable and sub-licensable right to use, store, exploit, distribute, modify, perform, reproduce, publicly perform and make derivative works, translate and create derivative works from your content. You grant us these rights solely to enable us to provide KiVVON as a service. For example, when you upload an image of yourself to KiVVON, you permit us to, among other things, store your image on our servers, copy it to other systems, process it to run our platform, and display it to our users. If necessary, we have the right to edit your contribution by addition, abbreviation, or correction.

7.2.

In any case, you waive your right to be named as author/author.

7.3.

We may place adverts around your contributions to finance our offer at KiVVON. This does not result in any payment claims for you.

8. Supporting the channel as a Participant

8.1.

If you have found your favourite channel on KiVVON and would like to contribute to its design or content, you can do so as a participant. The prerequisite for this is that the respective channel owner has allowed you to submit content to him via the platform for publication on the channel.

8.2.

When your content is published, you will be named as a contributor on the channel and the platform by your username. The channel owner can control and edit your content before and after it is published on his channel. For example, they can add, shorten, or correct it. The channel owner is not obliged to publish your content. If it is published on his channel, he can remove the content at any time.

8.3.

You grant the Channel Owner free of charge, temporally and spatially unlimited, non-exclusive, transferable and sub-licensable usage rights for Your Content as described in Section 7.1. This means that the Channel Owner may place Your edited Content on its channel on KiVVON and grant us the necessary rights to make such Content publicly available and distribute it on the platform.

8.4.

Even if the Channel Owner publishes Your Content, you remain responsible for Your Content as described in Clause 5.

8.5.

The Channel Owner receives a transferable right from you to us to place adverts around your Content published by the Channel Owner. No remuneration claims arise for you due to the granting of the rights of use of your Content to the channel owner through the placement of advertisements; §§ 32 ff. UrhG are excluded here.

9. Advertising Prohibition for Users

As a user, you are prohibited from placing advertisements for your or third parties' goods or services on KiVVON or linking to such advertisements, unless we have given you prior written consent in individual cases. In the event of a violation of this, your advertising content or link will be deleted by us and we will check whether the conditions for deactivating your user account have been met.

10. Our Rights to Trademarks, Designs and Our Content

10.1.

You agree not to reproduce or copy KiVVON in whole or in part. We reserve all rights to our trademarks, logos, programme codes, techniques, graphics, designs and collective or database works.

10.2.

We are happy with every link to content on KiVVON and the placement of content from KiVVON on other sites on the Internet. However, copying and distributing content beyond this violates the copyrights of our users, channel owners and us. If you want to quote content from KiVVON, you must cite KiVVON as the source.

11. Our Brand Usage Policy

The trademark "KiVVON" is internationally protected as a registered trade mark. However, we welcome any mention of KiVVON and any representation of our brand and designs - in whatever form - by you outside of our platform. This is permitted if expressly permitted in our trademark guidelines or if expressly authorised in writing in advance. Our Brand Policy guides how our brand and logos should be used.

12. Illegal Content within the Scope of the NetzDG

12.1.

For you to be able to lodge a complaint about content if you believe that illegal, seemingly criminal content has been published by other users, we will establish an appropriate procedure in accordance with the Network Enforcement Act (NetzDG) so that you can contact us directly via the relevant links in KiVVON.

12.2.

After we have become aware of your complaint, we will check whether the content reported in the complaint is illegal and whether it should be removed from the platform. In the case of clearly illegal content, we will remove or block this content as soon as possible.

12.3.

However, if the decision on the illegality of the content depends on a factual allegation being untrue or other factual circumstances, we will give the user who posted the content in question the opportunity to comment on the complaint before deciding. We will inform you and the user who posted the content in question of any decision, together with an explanation of the reasons for our decision.

12.4.

In the event that the content in question is removed from the platform, we will secure this content for evidential purposes and retain it for this purpose for ten weeks.

13. Disclaimer for External Links

13.1.

KiVVON may have links to websites of third parties that are not owned or controlled by KiVVON. In principle, we do not recognise the content of third-party websites as our content. In exceptional cases, if we recognise such content as our own, this will be indicated by us in each case. If KiVVON receives concrete information regarding the illegal content of a linked website, we will remove the link immediately after an appropriate investigation.

13.2.

KiVVON does not make any recommendations for information or products and therefore assumes no liability for them. If you click on external links, you do so at your own risk. We do not accept any liability for access to other services, third-party content or websites for us.

14. Termination

14.1.

You can immediately terminate your existing user agreement with KiVVON at any time by deactivating your user account.

14.2.

Your termination does not automatically lead to the deletion of your content. The rights to your content transferred by you to KiVVON continue to exist after the termination of the user agreement. The permanent deletion of your content must be initiated separately by you in your user account. The deletion cannot be reversed. If your user account has already been deactivated as a result of your termination, we will delete your content after receiving your request to this effect. To legitimise your identity in this case, please send a written request for the deletion of your content by e-mail from the e-mail address you used when registering with KiVVON and also indicate your username at KiVVON.

14.3.

The personal data associated with your user account will be deleted by us after the deactivation of your account and the deletion of all your content.

14.4.

KiVVON has the right to terminate the existing user agreement with you at any time for a valid reason and without prior notice. In this case, your user account will be deactivated by us, so that you will no longer have access to KiVVON as a registered user. A substantial reason may exist if you violate the obligations arising from these Terms of Use, our Content Policy, the law, and the rights of third parties, and where we cannot reasonably be expected to continue to grant you access as a registered user due to the seriousness or frequency of your violation. If you believe that we have deactivated your account by mistake or for no reason, you can send us an e-mail and ask us to check your user account and reactivate it if necessary.

14.5.

KiVVON may also temporarily deactivate your access to your user account for appropriate reasons at its discretion to check whether the conditions for a permanent deactivation exist. In this case, you will receive a corresponding notification from us containing the reasons for the deactivation and the opportunity to comment. If the deactivation does not appear to be justified, we will reactivate your user account.

15. Liability

15.1.

KiVVON aims to provide the best possible service with high availability and relevant content. Furthermore, our service and content on KiVVON are generally offered without warranty and implied or even express warranties. We therefore exclude, for example, a guarantee of the continuous availability of our servers or the possibility of using our offers, which are restricted in whole or in part for other reasons. This exclusion does not apply in the case of agreements for chargeable services if we have made individual contractual arrangements with you that differ from this. You have no claims concerning the maintenance of individual functions in KiVVON. We may restrict access to the platform in whole or in part, temporarily or permanently, due to maintenance work, capacity requirements and events over which we have no control.

15.2.

We are generally not liable for damages in connection with the operation and use of KiVVON. However, this general exclusion of liability does not apply to damage caused intentionally or as a result of gross negligence as well as damage resulting from injury to life, body or health. In the event of a breach of basic contractual obligations based solely on simple negligence, KiVVON is liable limited to compensation for foreseeable, contract-specific damage. Essential contractual obligations are abstract obligations, the fulfilment of which ensures the proper execution of a contract in the first place and on the regular observance of which the contracting parties can rely. Except in the cases mentioned above, we shall not be liable for damages caused by simple negligence. To the extent that our liability is excluded or limited in accordance with the foregoing paragraphs, this shall also apply to the liability of our agents and assistants.

16. Data Privacy

16.1.

You can find our privacy policy at this link .

16.2.

We do not share your personal information with third parties such as our advertisers. We only share information that directly identifies you (e.g. your name, e-mail address or other contact details) if you expressly authorise us to do so. In return, advertisers can tell us, for example, which target group should see their adverts. We then show these adverts to users who may be interested in them. We provide our channel owners and advertisers with reports on the display of their content or the performance of their adverts. They can then use this information, among other data, to optimise their offers.

17. Changes to the Terms of Use

17.1.

We are constantly striving for the further development and improvement of our Services, other offers and functionalities. We will therefore need to amend and update these Terms of Use from time to time to ensure that they are still appropriate to our offerings. When making changes, we take into account your interests and take into account whether the changes are reasonable for you and, in particular, do not unreasonably disadvantage you.

17.2.

We will give you at least 30 days' notice by e-mail before any changes to our Terms of Use take effect. This will give you the opportunity to review the proposed changes promptly. However, this does not apply if the changes are required by law or statute. We will inform you about it in our notice. Once the updated Terms of Use become effective, you will be bound by them if you continue to use our products.

17.3.

However, if you do not agree to the updated Terms of Use and no longer wish to use KiVVON, you may deactivate your User Account and delete your Content at any time.

18. Final Provisions

18.1.

If you encounter problems that lead to disputes with KiVVON, you undertake to contact us first so that we can resolve the problem together as unbureaucratically as possible.

18.2.

For all legal transactions or other legal relations with KiVVON, the laws of the Federal Republic of Germany apply. In commercial transactions with merchants and legal entities under public law, the registered office of KiVVON Media GmbH shall be the exclusive place of jurisdiction for all legal disputes relating to these terms of use and the individual contracts concluded under their validity.

18.3.

These Terms of Use do not grant any preferential rights to third parties. All contractual rights and obligations granted to us under these Terms of Use are freely transferable by us.

18.4.

If these Terms of Use have not become part of the contract in whole or in part, or if individual provisions of these Terms of Use are wholly or partially invalid or unenforceable for other reasons, the remainder of the contract shall remain valid. As long as these provisions do not form part of the contract or are ineffective, the content of the contract shall be governed by the statutory provisions.