General Terms and Conditions
1. Gender Note
For better readability, personal designations in EMSU GmbH’s written materials (publications, articles, website, privacy policy, and terms and conditions) that refer to both women and men are generally given only in the masculine form customary in German, e.g., “Nutzer” (“user”) instead of “Nutzerinnen” or “Nutzerinnen und Nutzer.” This is in no way intended to express gender discrimination or a violation of the principle of equality.
2. General
The following General Terms and Conditions apply to all contracts, deliveries, and other services provided by EMSU GmbH, Krantzstraße 7c, 52070 Aachen, Germany, to its clients (Auftraggeber) and users (Nutzer) (hereinafter referred to as “users”).
The business relationship between EMSU and users is governed by the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). The place of jurisdiction (Gerichtsstand) and place of performance (Erfüllungsort) is Aachen, provided the client is a merchant (Kaufmann) within the meaning of the German Commercial Code (HGB), a legal entity under public law (juristische Person des öffentlichen Rechts), or a special fund under public law (öffentlich-rechtliches Sondervermögen).
We recommend printing out all transaction data as well as these General Terms and Conditions (T&Cs) at the time of ordering.
In the event of any discrepancies between the German and English versions of the Terms and Conditions, the German version shall prevail.
3. Content of Self-Created Designs; Infringement of Third-Party Rights
The user is solely responsible for the content of designs they create themselves (e.g., uploaded images, logos, and/or graphics).
Should the content of these designs infringe the rights of third parties, e.g., under copyright law, competition law (Wettbewerbsrecht), or the protection of legitimate expectations (Vertrauensschutz), the client shall indemnify (freistellen) EMSU against any resulting third-party claims. This indemnification covers claims for damages (Schadensersatz), injunctive relief (Unterlassung), and information (Auskunft), as well as the necessary costs of legal defense.
The parties shall notify each other without delay if third parties assert claims for infringement of protected rights or other claims within the scope of the contractual relationship between EMSU and the user.
For all submitted content (data, text, etc.) used to create advertising materials, EMSU assumes that the client holds all necessary copyright, trademark, or other rights. EMSU does not carry out any verification of this. EMSU points out that third parties may assert substantial damages claims against the user in the event of copyright-infringing content. This also applies to photos in which individuals are identifiable. In such cases, the user of the content is responsible for obtaining the consent of these individuals for their depiction in the user’s advertising and must be able to provide proof of this upon request.
By uploading content, the user warrants that the content of the transmitted image files does not violate criminal law, in particular the provisions on the distribution of child sexual abuse material (Kinderpornographie) under Section 184 of the German Criminal Code (Strafgesetzbuch, StGB). EMSU reserves the right to file a report without delay in the event of a breach of this warranty.
4. Costs
No costs are incurred by the user for the simple provision or linking of static content with a GTIN.
Changes to the pricing model are not excluded and remain reserved to EMSU GmbH.
Fee-based services will be listed and invoiced separately in accordance with an individual quote.
5. Liability for Defects (Mängelgewährleistung)
The user is obligated to check the content they create against the graphic and technical specifications themselves. EMSU does not review the content. Any color deviations between the displayed result and screen colors are due to technical factors and do not constitute a defect (Mangel).
EMSU reserves the right to review, edit, and reject content provided by users.
The user grants approval for use (Nutzungsfreigabe) by submitting their image data to EMSU. No further approval by the user is required.
Otherwise, the statutory provisions on liability for defects apply.
6. Implementation and Display in Public and Private Spaces
The provision of content does not guarantee display on EMSU GmbH’s devices. This is purely the linking of a product-specific GTIN with content defined by the user.
EMSU GmbH’s devices are installed in public and private spaces. Display of the content provided by the user is permitted in all environments.
7. Data Protection; Storage of Image Files
The user is informed that the data required to carry out the service offered by EMSU is stored on data carriers. Stored personal data is, of course, treated confidentially by EMSU GmbH. The collection, processing, and use of the user’s personal data is carried out in compliance with applicable data protection laws.
The user has the right to revoke any consent given (Widerruf der Einwilligung) at any time, with effect for the future.
In addition, we use personal data to inform you about special offers from EMSU GmbH, provided you have consented to this use for marketing purposes. You may revoke your consent to the use of your data for marketing purposes at any time by notifying EMSU GmbH (in writing or by email). Upon receipt of your revocation, we will immediately stop using your data for marketing purposes.
8. Marketing
The overall setup, consisting of the device, content, and products, may be used by EMSU GmbH and its cooperation partners for the creation of promotional image and video material.
EMSU GmbH may use the utilization of its services as a reference and advertise this on its website and at events.
