Special Terms & Conditions of Use and Participation
SPECIAL TERMS & CONDITIONS OF USE AND PARTICIPATION for Collaboration Projects
1. Applicability of the Special Terms & Conditions of Use and Participation
1.1 Participating in the so-called Collaboration Projects within the scope of the ROTWILD Community is a service provided by ADP Engineering GmbH (hereinafter referred to as the "Platform Operator").
1.2 The following Special Terms & Conditions of Use and Participation (hereinafter referred to as "Special Terms & Conditions of Use") shall apply to the relationship between the Participant and the Platform Operator when participating in a Collaboration Project. In using the forum and the community functions and participating in Collaboration Projects the participant accepts these Special Terms & Conditions of Use. Any Terms and Conditions which contradict or deviate from these Special Terms & Conditions of Use and any supplementary or restricting provisions on your part expressly do not apply.
1.3 These Special Terms & Conditions of Use supplement the General Terms & Conditions of Use of the underlying platform (hereinafter "General T&Cs") with regard to participating in, implementing and designing Collaboration Projects.
1.4 The Platform Operator may alter these Special Terms & Conditions of Use at any time and without stating reasons in accordance with Section 1.4 General T&Cs.
1.5 "Users“ are those users registered on the platform www.rotwild.com. "Participants" are users who take part in Collaboration Projects which goes beyond registration as a user.
2. Collaboration Projects
2.1 The Collaboration Projects aim to facilitate direct and immediate dialogue between the Platform Operator and consumers regarding actual products and services (hereinafter collectively referred to as the "Project(s)"). The active involvement of Users of the ROTWILD Community should enable, support and optimise the better identification of consumer interests and development of such Projects, like how the ROTWILD Community has been mutually developed by the Users and Participants of the platform. The Projects initiated may be commercialised by the Platform Operator upon the conclusion of the Collaboration Project, i.e. produced, comprehensively marketed and exploited.
2.2 The Platform Operator offers the Users of the ROTWILD Community the opportunity to access Project information. In addition, the Users of the ROTWILD Community have the opportunity to take part in the Project by uploading their own ideas to the Project, and posting comments and ratings.
2.3 The Platform Operator shall not be liable for illegal content created by Users and posted on the website. The Platform Operator expressly reserves the right to immediately delete or block access to content which is illegal, offends common decency or is otherwise damaging once they are aware of such content. Furthermore the Platform Operator reserves the right to delete contributions which are clearly off-topic. No claims against the Platform Operator may be derived from this. Participants whose contributions have been deleted are also excluded from participating in Collaboration Projects as a whole.
2.4 Use and participation in a Collaboration Project on the platform is free of charge.
3. Registration, membership in the Community
3.1 In order to participate in a Collaboration Project, potential participants must already be registered as a User of the ROTWILD Community. Only users registered on this platform can actively publish their opinions, ideas and comments on Collaboration Projects thereby participating in the respective Collaboration Project. Only registered users have the opportunity to submit their ideas, suggestions, images, other material and comments (hereinafter collectively referred to as "Contributions") to the project page of the respective Collaboration Project in accordance with the Project’s remit during the activity period of the Project and have these evaluated by the Community. The number of submissions per User is not limited.
3.2 The User shall fill out the registration form truthfully and in full online. All compulsory fields must be completed in full. Upon registration the User accepts these Special Terms & Conditions of Use and assures that they will fulfil and comply with the provisions of these Special Terms & Conditions of Use and Participation.
3.3 Only those persons who are over 18 years of age and reside in a country in the European Union may participate.
3.4 Registration and membership of the ROTWILD Community does not give rise to the right to use the platform or participate in Projects. The Platform Operator, at their own discretion, is entitled to exclude persons from registering without giving reasons and to refuse use of the platform or participation in the Project.
3.5 Without prejudice to Section 2 General T&Cs, the Platform Operator is entitled to exclude Users from (further) participation in Collaboration Projects in the event of a breach of the General T&Cs or these Special Terms & Conditions of Use.
4. Contributions in terms of participating in Projects
4.1 A Participant participates in Projects on the Platform in that they submit Contributions in accordance with the remit, and comments or votes during the activity period of the Project on the platform. Participants submit Contributions by uploading files, posting comments or casting votes in accordance with the description on the platform.
4.2 Participants shall adhere to any applicable statutes and laws and undertake not to publish any Contributions which are illegal or offend common decency. They warrant that no copyright or other third party rights are infringed by their Contributions. Such Contributions may be immediately deleted from the site without prior consultation and are grounds for extraordinary termination.
4.3 The Platform Operator may, at their discretion, delete or modify Contributions made by Participants at any time. Contributions will, however only be deleted if the Participant has not adhered to these Terms & Conditions of Use and Participation, or if, in the opinion of the Platform Operator, the Contribution does not fulfil the submission criteria determined in the project description.
4.4 The Participant is aware that if they submit Contributions on this platform these Contributions will be made accessible to the public. Both the names and the respective Contribution will be published on this platform in an ongoing process and in conjunction with the announcement of the official final result. The Participant is aware that the published Contribution can further represent a contribution to the final project to be worked on by experts, without a claim to remuneration for the Participant arising. Participation in a Collaboration Project also does not give rise to the right for the submitted Contribution to be realised. If Contributions of a Participant are protected by rights in any way, the Participant provides the Contribution explicitly for the aforementioned purposes.
4.5 Regarding the responsibility of Contributions submitted by yourself, and regarding forbidden content/Contributions and conduct Section 4 General T&Cs shall apply.
5. Duration of the Project and determining the winner
Information regarding the duration of the Project and determining the winner will be published on the Project's home page at http://www.rotwild.de/community-news/collaboration/projektablauf.
6. Notifying the winner
The winner will be notified by email within one week of the conclusion of the Project.
The prizes offered within the scope of the respective project are stated in the http://www.rotwild.de/community-news/collaboration/gewinne area.
Payment in cash and prize substitutions are excluded. Prizes are not transferable.
The decision of the Platform Operator is final in conjunction with claiming prizes.
8. Obligations of the Participant
8.1 Upon submitting Contributions the Participant confirms that they are the sole creator of the Contribution, they submit the Contribution in their own name and their Contribution is not subject to any third party rights such as copyright, trademark rights, design rights, industrial design rights, rights to business names, rights regarding company property, the right to use own name etc. and brand rights In particular the Participant is also obligated to not submit any Contributions which infringe the business or trade secrets or similar (including know-how) of their employer or a third party to which they are subject to a confidentiality obligation, and to not submit any ideas to which their employer is entitled to pursue according to the Employee Inventions Act (Arbeitnehmererfindungensgesetz) or belong to their employer or a third party according to another agreement or must be reported to the employer..
8.2 The Participant agrees that the Platform Operator may publish the Participant's Contributions on the platform where they can be seen by all other Users in the ROTWILD Community.
8.3 To the extent that the activity of the Participant in the Project results in copyright, ancillary copyright, trademark rights, personality rights or other protection requirements, the Participant grants the Platform Operator all exclusive rights of use, unrestricted as to content, time and geography, at no charge from the time the right arose, for unrestricted exploitation and use with regard to their submitted Contributions. This includes, in particular, but is not limited to the right to comprehensively edit, continue to develop and reconfigure the adjusted/submitted Contributions of the Participant (including in combination with other Contributions and output by third parties as well as with further products/product groups of the Platform Operator and other third parties), as well as the unlimited right to commercially and non-commercially market and exploit the edited and unedited Contributions, in particular printing rights, right of reproduction, right of dissemination and distribution, archiving rights, merchandising rights and the right to advertise etc. This further also includes the right of the Platform Operator to protect the Contributions in any form by trademark application, design application and patent application etc.
8.4 With the submission of their Contribution the Participant declares that up until now they have not made any dispositions which would be opposed to the rights of use granted regarding the Contribution in the extent described in section 8.3. The Participant therefore indemnifies the Platform Operator from all third party claims in this regard.
8.5 The Platform Operator is entitled to grant, assign and/or encumber the rights acquired in section 8.3 to third parties in full or in part on and an exclusive or non-exclusive basis.
8.6 Section 3 General T&Cs further applies with regard to the obligations of the Participant.
9. Confidentiality obligation
The Users and the Participants undertake to not disclose information necessary for participating in the Project or using the platform (user name and password) to third parties.
10. Premature cessation of the Project/cessation of membership
10.1 The Platform Operator reserves the right to abort or cease the Project at any time without prior notice and without providing reasons. This does not give rise to any claims on the part of the Participants, in particular claims for damages.
10.2 The Platform Operator may terminate access for Users and Participants and delete their membership account informally by sending them an email with a notice period of three days. Users may cease their membership at any time going forward by terminating their membership account. The Platform Operator's ordinary termination right in accordance with sentence 1 of this section 10.2 is excluded until the end of the Project.
10.3 The right of extraordinary termination without notice for cause remains unaffected by section 10.2. Infringing these Terms & Conditions of Use and Participation is, in particular, grounds for extraordinary termination.
10.4 In the event that a Participant who has submitted a Contribution then ends their membership by terminating their membership account or is subject to extraordinary termination, their Contribution will be deleted upon the cessation of their membership. With the cessation or extraordinary termination of their membership the Participant is excluded from participating in the Project and will not receive a prize under any circumstances. This shall also apply if, at the time of the cessation or extraordinary termination of their membership, the Participant has accumulated a number of points which is greater than that of the winner with the most votes at the end of the Project.
10.5 Terminating membership or any other cessation of participation in the Project, regardless of the reason, shall have no influence upon the rights granted in section 8.3; these rights remain with the Platform Operator in all cases.
11. Platform Operator's liability
11.1 The Platform Operator shall only be liable, regardless of the legal grounds thereof:
- in the event of an intentional act or omission;
- in the event of gross negligence by the Platform Operator, their statutory representatives or vicarious agents;
- in the event of culpable injury to life, body or health;
- in the event of defects which were intentionally concealed or the absence of such defects was guaranteed;
- to the extent they are compulsorily liable under the German Product Liability Act (Produkthaftungsgesetz).
11.2 In the event of a culpable breach of a fundamental contractual obligation the Platform Operator shall also be liable for gross negligence and simple negligence; however in the latter case liability shall be limited to losses typical for this type of contract which were reasonable foreseeable at the time the contract was concluded.
11.3 Any further claims are excluded.
12. Liability of Participants
12.1 The Participant hereby indemnifies the Platform Operator against all third party claims arising from an infringement of these Terms & Conditions of Use and Participation by the Participant.
12.2 The Participant shall ensure that data, drawings, sketches and information sent to the Platform Operator are free from viruses and other dangerous programs. With regard to this the Participant shall employ a state-of-the-art virus protection program. Damages incurred by the Platform Operator as a result of transferred viruses or other damaging programs shall be compensated by the Participant.
13. Rights of use
The Platform Operator has a right of use regarding all images, film and text published on the platform, regardless of whether this relates to parts of Contributions, comments etc. of the Participant. Using images, film and text without the express written consent of the Platform Operator or their service provider is not permitted.
14. Data Protection
14.1 The Platform Operator uses personal information provided by the User (name, address, date of birth, email address, telephone number) in accordance with data protection law.
14.2 All personal data is treated as confidential. Personal data necessary for implementing and processing the Project will be saved and used by the Platform Operator and forwarded to any service partner the Platform Operator may commission to process the Project (such as postal operators, for example).
14.3 The name of the winner of the Project may be published by the Platform Operator for their own advertising purposes unless the winner objects to this immediately after the winner is announced. There is no entitlement to be named in accordance with section 13 German Copyright Act (UrhG).
14.4 Detailed information about data protection can be found in our Data Protection Policy. Participants are deemed to acknowledge the Data Protection Policy.
14.5 The data controller in terms of the German data protection law is the Platform Operator. Participants can object to the use and processing of their data for the Platform Operator's advertising purposes, marketing purposes and market research; revoke consents given regarding the use of their data; submitting requests to access their saved data, and correcting, amending or blocking such data at any time by sending a notification to the Platform Operator at:
ADP Engineering GmbH
Am Bauhof 5
64807 Dieburg, Germany
Phone: + 49 6071 921 55 0
Fax: +49 6071 921 55 25
15. Miscellaneous provisions
15.1 The platform operator's decision regarding participating in Projects is final.
15.2 These Special Terms & Conditions of Use and any disputes arising from or in conjunction with these Special Terms & Conditions of Use are subject to the laws of the Federal Republic of Germany excluding the UN Convention on Contracts for the International Sale of Goods.
15.3 With regard to disputes with Participants who are not consumers in terms of section 13 German Civil Code (BGB), special jurisdiction for disputes arising in conjunction with Project shall be vested in the courts of Dieburg. The Platform Operator reserves the right to file a claim against a User or Participant with the courts at the User’s or Participant's residence. Dieburg shall be the place of performance for all rights and obligations arising from the contract.
15.4 The Platform Operator may alter these Special Terms & Conditions of Use and Participation at any time without giving reasons. The latest version of the Special Terms & Conditions of Use which has been agreed by the Participant shall apply between the Participant and the Platform Operator. Should the Special Terms & Conditions of Use and Participation change during the term of the Project the Participant shall be required to agree these changes. Until the Participant agrees such changes they are unable to continue using the platform.
15.5 Should individual provisions of these Special Terms & Conditions of Use and Participation be or become invalid, in whole or in part, this shall not affect the validity of the remaining provisions; the same shall apply in the event of a gap or omission in the Special Terms & Conditions of Use and Participation. Invalid provisions shall be replaced by mutual agreement by such a provision which is suitable to achieve the commercial intent of the invalid provision taking the interests of the contracting parties into consideration. If translations of these Special Terms & Conditions of Use and Participation are also provided, the German language version of the Special Terms & Conditions of Use and Participation shall exclusively apply.
rotwild.com – Plattformbetreiber: ADP Engineering GmbH
Special Terms & Conditions of Use and Participation