TERMS OF USE FOR MY MEISTERSTÜCK WEBSITE
Welcome to the internet Website for the MyMeisterstück Webspecial (hereafter, the “Website”), located at www.montblanc.com/mymeisterstuck, edited and published by Montblanc Simplo GmbH (hereafter, “MONTBLANC”) a company having offices at Hellgrundweg 100, 22525 Hamburg, Germany and registered on the Hamburg Commercial Register (Amtsgericht Hamburg) No. HRB 2905 and VAT No. DE 118607959 for the purpose of allowing fans of MONTBLANC to celebrate their Meisterstuck pens through submission of their own personal stories, illustrated by images in some cases, all based on their experiences with their Meisterstuck pens.
Chief Executive Officer
Lutz Bethge
Contact: E-Mail: service@montblanc.com
Telephone: +49 40 84 001 0
Telefax: +49 40 84 001 300
Hosting service: Corpex Internet GmbH, located at Schauenburgerstr . 6
20095 Hamburg, Germany with an internet address of www.corpex.de/
TERMS AND CONDITIONS OF USE
Use of the Website is subject to the following terms and conditions (hereafter, the “Terms”). MONTBLANC reserves the right to revise these Terms from time to time by updating this posting, with the revised Terms taking effect for all users of the Website (hereafter the “Users”) as of the date stated on the posting. Consequently, Users should consult the Terms regularly. Please read these Terms carefully before using the Website. By clicking on the “I Accept” icon, Users signify their assent and agreement to these Terms. If Users do not agree to these Terms then the User should not use the Website or any of the content found therein and is not authorized to use the Website.
HOW TO USE THE WEBSITE
The Website is designed to allow Users to celebrate their personal experiences of their Meisterstuck pens.
Use of the Website: In order to use the Website, each User must expressly accept these Terms. Users must first sign-in to the registration process for the Website and then must accept said Terms by clicking the tick box found next to the link for these Terms.
Once the User has accepted the Terms, they will encounter an introductory, teaser video that will explain to them the mechanics of the Website.
The User is then directed to select from four (4) different primary contributions that can be made by User to the Website: (i) Montblanc-Stories; (ii) User Stories; (iii) Tweets; and (iv) Instagram-Pictures.
The User will also be introduced to a tool by which they can enter their own “story” into the Website (hereafter, the “User Story”) and also have the ability to submit a digital image to illustrate the User Story (hereafter, the “Image”). This tool is indicated by the wording “Tell Us Your Story”.
When the User clicks on the icon “Montblanc Story”, the User will then be introduced to the history of the product (i.e. the Meisterstuck) and will also have the means to digitally access the official MONTBLANC website.
When the User clicks on the icon “User Story”, a story about the User’s Meisterstuck pen, submitted by the User, will be presented along the User’s own profile image in some cases.All User generated User Stories are submitted by the User via the “Writing Tool” under the “Tell Us Your Story” tool. Users are able to share their User Stories via social media channels to which they are members, such as Twitter, Facebook, Google+ and Pinterest.
When the User clicks on the icon “Tweets”, the User will encounter the “Meta –Information” of the Tweets. The “tweets” appearing on the site are “tweets” generated by Users through their Twitter accounts that have added the Website campaign specific hashtag “#MyMeisterstuck” to the “tweet” text. MONTBLANC reserves the right to display or keep these “tweets” hidden, and has the ability to “retweet” information. For Tweets that contain images, the images in question shall be linked beneath the Tweet.
When the User clicks on the “Instagram Picture” icon, the User will see an Image. The User can then magnify the Image by clicking on said Image. An Image will be generated through use of the Instagram application when using the tag “#MyMeisterstuck” in the picture description. MONTBLANC reserves the right to display or hide these Images. This action will also hide the “Meta-Information” of the “image” and the “Sharing Options”.
Also on this webpage (located at www,montblanc.com/mymeisterstuck), the User will encounter “empty” rectangles into which the User may enter specific information as denoted by the wording therein (e.g. “Use the Hashtag #MyMeisterstuck and your Tweet could appear here; Tell us your story!)
When the User clicks on the button labeled “Tell Us your Story”, the User is presented with two rectangular fields in which they can then enter an appropriate “Headline” and one in which they can enter an appropriate text (i.e. User Story) and may also upload a digital image (hereafter the “Image”) in connection with said User Story.
Before the User Story and Image are uploaded to the Website, the User will be prompted by the Website to review both User Story and Image to ensure that he/she is satisfied. At that time, User will have the option of deleting both the User Story and the Image if he/she so wishes.
Once the User is satisfied with his/her User Story and Image, then User will be presented with a button labeled “Submit”. If the User clicks on the “Submit” button, then he/she will be presented with a preview of how the User Story and the Image (if any) will appear. User then must enter his/her first and last name, email address, profile picture and must also accept these Terms. Once the User agrees with these Terms, then the User Story and Image will be reviewed by the MONTBLANC team and, after said review, uploaded to the Website if said User Story and/or Image meets the standards dictated by these Terms. Once the review has been completed, MONTBLANC shall send an email to the User featuring a link to the User’s Story on the Website.
The User will then be presented with one more chance to alter his/her User Story, as the Website will present the User with a button labeled “Edit”. If the User clicks on this button, he/she will then have the opportunity to edit the User Story.
Once the User has pressed the “Submit” button, and all fields are completed correctly,, the Website will “Thank” the User and send an email notification to the User’s email address once their “User Story” is available for viewing on the Website.
When uploading any User Story and/or Image to the Website via the internet, the User may be responsible for certain costs, depending on the User’s provider and the country/jurisdiction in which the User is located. Montblanc shall not be responsible for these costs.
The Website allows Users to connect to Facebook in order to share their User Story and Images on the platform. Users should be aware that uploaded User Stories and Images are only automatically shared through the Website. In order to share on other platforms, the User will have to initiate the process.
Acceptable Use Policy Guidelines (hereafter, the “Guidelines”) for use in connection with publication/sharing of User Stories and Images through the Website.
In order to use the Website, Users agree to only submit User Stories and Images in connection with the Website that meet the following Guidelines:
- User Stories and Images do not mention or depict a brand, trade name or trademark other than MONTBLANC and/or MEISTERSTUCK;
- the contents of any User Story and Image are original – in other words, the User is the sole and exclusive creator of the User Story and the Images;
- the User is the exclusive holder of all rights in and related to the User Story and Image and all its contents, including but not limited to all intellectual property rights such as trademark and copyright rights, and the User Story and Image do not contain any element that might infringe a third party’s rights in any way;
- the User Story and/or Image do not in any manner reflect negatively on anyone’s or anything’s image or reputation;
- the User Story and Image do not incorporate any violent or obscene element(s) or element(s) that may be reasonably interpreted as such; the User Story and Image do not incorporate any false, misleading, libelous, slanderous or disparaging element(s) or element(s) that may be reasonably interpreted as such; the User Story and Image do not incorporate or feature any political, racist, hatred-inducing, or insulting element(s) or element(s) that may be reasonably interpreted as such; the User Story and Image do not depict any illegal activity/activities, and will not in any way harm the dignity or any other rights of any third party;
- the User Story and/or Image do not contain any computer virus or other code designed to destroy, divert, interrupt or limit any computer or operating system in any way;
- Users must obtain all necessary authorizations for use of any image(s) of any recognizable/identifiable individual human beings featured in an Image. Said authorizations must include the right for MONTBLANC to use said image(s) on the Website and on MONTBLANC’s associated website and social media sites;
- MONTBLANC, in its sole discretion, is hereby granted the worldwide rights to copy, reproduce, represent, exhibit, communicate, transmit, broadcast, display or otherwise make available or accessible, adapt and adjust the User Story and Images, in whole or in part until 2020 and is authorized to reproduce the User Stories and Images, in whole or in part, for archival purposes in perpetuity, including, but not limited to archival references on the Website and for public relations purposes related to the Website; and
- the User Story and Images must not in any way contravene current legislation.
MONTBLANC will remove any User Story and/or Images that violate the Guidelines noted above and shall exclude any User who posts a User Story and/or Image that violates the above Guidelines from further participation in the Website.
Any User submitting or publishing a User Story and/or Image that violates the above Guidelines hereby agrees to indemnify, defend and hold harmless MONTBLANC, its officers, directors, and employees regarding any liability that may arise out of any lawsuit, legal proceeding, action, claim or demand based upon said User Story and/or Image.
User Stories and Images will not be returned to Users.
Who May Enter
In order to submit materials to the Website Users must NOT be minors and to qualify to submit materials to the Website Users must be of legal age (for example, over 18 in most countries). MONTBLANC assumes that by using the Website and submitting materials Users warrant that they are not minors (i.e. that you are of sufficient age and mental capacity and are entitled to be legally bound to these Terms).
Use of Materials on the Website
MONTBLANC has created this Website in order to partner with MONTBLANC fans around the world to celebrate the passion for MONTBLANC’s Meisterstuck pens and related MONTBLANC products. In relation thereto, MONTBLANC has provided product images, text and product details (hereafter, “MONTBLANC Materials”) for Users’ personal use with the aim of providing Users with information to celebrate the products of MONTBLANC and to allow Users to share their enthusiasm for MONTBLANC and its products with others.
Users recognize that all MONTBLANC Materials are proprietary information and, as such, are protected under intellectual property laws worldwide and international treaty provisions, unless otherwise noted. The copyright in all MONTBLANC Materials is either held by MONTBLANC or is licensed to MONTBLANC for use in the Website. Users are granted a non-exclusive, non-assignable worldwide right to reproduce the MONTBLANC Materials for non-commercial uses in connection with the Website, in particular for publication in online blogs or web sites (hereafter, “Prescribed Purposes”) so long as Users agree to and obey these Terms. Users will not use any of the MONTBLANC Materials in any way that could be construed as derogatory, defamatory, pornographic or illegal.
Users agree that where images have been acquired by MONTBLANC under license, Users will conform to instructions provided on the Website and agree to include copyright notices and/or other credits as may be indicated next to the MONTBLANC Materials. Users agree that unless otherwise indicated, the following credit, “Copyright © MONTBLANC. All Rights Reserved.”, shall appear next to all digital images appearing in the MONTBLANC Materials that are reproduced by said Users. Consequently, Users shall defend, indemnify and hold MONTBLANC harmless from all claims, damages and/or expenses incurred as a result of any claims from said third parties and arising from Users’ breach of these Terms.
The right to adapt, modify, edit or create derivative works from any of the Montblanc Materials is expressly prohibited.
In the event of breach of any of these Terms, Users’ permission/authorization to use MONTBLANC Materials and the Website will automatically terminate and any copies, virtual or otherwise, made of the MONTBLANC Material must be immediately destroyed. Any unauthorized use of MONTBLANC Materials may infringe copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes and are expressly prohibited.
Privacy Statement
MONTBLANC has established its Privacy Policy in respect of the confidence its clientele places in it and in conformity with high standards of data protection to which it is committed.
Any personal information Users make available to MONTBLANC is done so voluntarily, with the User’s knowledge and consent when utilizing the Website.
Personal information provided by Users when using the Website will be made accessible to duly authorized MONTBLANC personnel and occasionally to persons or companies who carry out internal operations in relation to MONTBLANC’S business (hereafter, the “Personal Information”).
All such persons are subject to confidentiality agreements and the respect of Users’ privacy. Personal information made available by Users will be used to facilitate Users’ use of the Website and may be used by MONTBLANC to provide information relating to its products and events to Users.
Cookies
MONTBLANC uses Cookies, small data files that are temporarily stored on a computer hard disk in connection with Users’ use of the Website. MONTBLANC uses Cookies to collect and analyze non-personally identifiable data relating to use of the Website, for example, to ascertain the number of visitors to its webpage.
Other than as stated herein, MONTBLANC will not use Personal Information for unsolicited communications and MONTBLANC does not sell, rent or otherwise make available any Personal Information submitted to it to any third parties unless it is to its legal advisors or where so required by law or a court decision. MONTBLANC will use its best endeavors to ensure that such data is kept secure at all times.
In all cases and on request, MONTBLANC will remove Personal Information from its database. Users are also advised that upon written request Users may examine their Personal Information and/or request that information about them be corrected, amended or deleted.
All requests relating to Personal Information as well as any request to cancel User registration for services related to the Website offered by MONTBLANC should be e-mailed to:
service@montblanc.com or sent to:
MONTBLANC Simplo GmbH
Data Protection Officer
Hellgrundweg 100
22525 Hamburg
Germany
From time to time, MONTBLANC may amend this Privacy Policy in accordance with modified legislative obligations. MONTBLANC’s Privacy Policy can be consulted at any time from our website at http://www.montblanc.com/.
MONTBLANC’s webserver and database is managed by CPC - The Profiling Company GmbH, Gotenstr. 11
, 20097 Hamburg and located in Germany. MONTBLANC’s Privacy Policy is governed by and will be construed in accordance with the laws of Germany without regard to its conflicts of law provisions. Any differences will be submitted to the exclusive jurisdiction of the competent courts of Hamburg.
MONTBLANC trusts that its Privacy Policy demonstrates its commitment to managing personal data in accordance with current legislative obligations in such a way as to fully protect Users’ privacy.
Responsibility
The information on the Website is intended for general informational purposes only. MONTBLANC tries to ensure that the information provided is accurate and complete. However, MONTBLANC does not warrant or represent that the MONTBLANC Materials are accurate, error-free or reliable or that use of the MONTBLANC Materials will not infringe rights of third parties. Use of the Website is at Users’ risk.
MONTBLANC does not warrant that the functional and/or technical aspects of the Website or the MONTBLANC Materials will be error free or that the Website, MONTBLANC Materials, or the server that makes it available are free of viruses or other harmful components. If use of the Website, or MONTBLANC Materials results in the need for servicing or replacing property, material, equipment or data, MONTBLANC is not responsible for those costs. Without limiting the foregoing, everything on the Website is provided to Users “as is” and “as available” without warranty of any kind, either expressed or implied, including, but no limited to, the implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, reasonable care and skill or non-infringement. MONTBLANC and its suppliers make no warranties about the MONTBLANC Materials, software text, downloads, graphics, and links, or about results to be obtained from using the Website. Please note that some jurisdictions may not allow the exclusion of implied warranties, consequently some of the above exclusions may not apply.
Users understand and agree that non-compliance with these Terms could cause irreparable harm to MONTBLANC and/or its affiliated companies. Consequently, Users shall indemnify MONTBLANC against all damages (except punitive damages), liabilities and expenses (including reasonable attorney’s fees and permitted authorized costs), arising out of or as a result of claims by third parties relating to Users’ use of any of the MONTBLANC Materials or any breach of these Terms.
Trademark Notice
All trademarks, logos and service marks (collectively the “Trademarks”) which appear on the Website are owned by MONTBLANC or are licensed for use by MONTBLANC by third parties. These licensed trademarks are proprietary, and are registered by their respective owners. Nothing contained in the Website should be construed as granting, by implication or otherwise, any license or right to use any trademark displayed in the Website without the written permission of MONTBLANC or such third party who owns the trademark. Misuse of any Trademark displayed on the Website, or any other content on the Website, except as provided herein, is strictly prohibited.
Copyright Notice
All contents of the Website considered to be MONTBLANC Materials are either owned by MONTBLANC or are licensed for use by MONTBLANC by third parties. All rights are reserved. Please refer to the section, Use of Materials on the Website, for further clarification.
Termination
Users agree that MONTBLANC may terminate Users’ access to and use of the Website if MONTBLANC reasonably believes that Users have violated or acted inconsistently with the letter or spirit of these Terms, or violated the rights of MONTBLANC or any third party, or for any reason with or without notice to User.
Users agree that MONTBLANC may modify or discontinue the Website, with or without notice to them. Users agree that MONTBLANC will not be liable to them or any third party as a result of such modification or discontinuation. If any portions of these Terms become or are declared illegal or otherwise unenforceable, such portions of these Terms shall be, where possible, replaced with valid language and/or provisions, which most closely approximate the intent and economic effect of the invalid provision. All remaining portions of these Terms shall remain in full force and effect.
Limitation of Liability
Under no circumstances whatsoever shall MONTBLANC be liable for any loss arising out of or in connection with the use of information available from the Website whether direct or indirect including, without limitation, any liability relating to any loss of use, interruption of business, lost profits or lost data, or incidental, special or consequential damages of any kind regardless of the form of action, whether in contract, tort (including negligence) or otherwise, even if MONTBLANC has been advised of the possibility of such damages. Because some states and countries do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not be operable.
General Provisions and Applicable Law
Unless otherwise specified, the information and materials in the site are presented solely for the purpose of promoting the products and services of MONTBLANC. MONTBLANC makes no representation that the MONTBLANC Materials are appropriate or available for use in every country of the world. Users use the Website at their own risk and are responsible for compliance with applicable local laws, keeping in mind that access to MONTBLANC Materials may not be legal by certain persons or in certain countries.
MONTBLANC’s products are available in many parts of the world. However, the Website may describe products that are not available worldwide. Any cause of action a User may have with respect to the Website must be commenced within two years after the claim or cause of action arises. These Terms will be governed by and construed in accordance with the laws of Germany without regard to its conflicts of law provisions. All disputes will be submitted to the exclusive jurisdiction of the competent courts of Hamburg, Germany. The waiver by MONTBLANC of a breach of any provision of these Terms will not operate to be interpreted as a waiver of any other or subsequent breach.
These Terms are published- 7.1. 2013
