Why isn't Business Insider editing its articles

Conditions

Table of Contents

1. Scope
2. Provider, contractual partner, offers
3. Use of the start-up scene
4. Start-up scene plus
5. Prices, terms of delivery and payment
6. Right of withdrawal; Cancellation instructions
7. Terms and Termination
8. Liability / warranty / guarantee / indemnification
9. Data protection
10. Changes to these terms of use and services
11. Other

1. Scope 

1. The following terms of use apply to the free and chargeable use of the digital editorial offers from Business Insider Deutschland GmbH, which are offered to the user via the website www.businessinsider.de and its subdomains (hereinafter: Business Insider). Business Insider's paid offers are offered under the Gründerszene Plus brand. Deviating terms and conditions of the user only become part of the contract if Business Insider Deutschland GmbH expressly agrees to their validity in writing.

2. Provider, contractual partner, offers 

2.1 The provider and contractual partner of the free and chargeable content and products of Business Insider and Gründerszene Plus within the meaning of § 5 TMG is Business Insider Deutschland GmbH, Axel-Springer-Str. 65, 10888 Berlin, AG Charlottenburg HRB 162484 B, VAT ID no. DE299923104, managing directors: Jakob Wais, Romanus Otte.

2.2 The presentation of the offers on Business Insider does not constitute a legally binding offer, but a non-binding online catalog.

3. Use of the start-up scene 

3.1 It is not permitted to reproduce, edit, redesign, publish, distribute, make publicly available, sell or otherwise exploit the content of Business Insider beyond what is necessary for its intended use. The user is also prohibited from renting, leasing or otherwise transferring the content or passing it on to third parties.

3.2 If the user posts content (comments in forums, photos, videos), he is prohibited from posting legally inadmissible content, in particular content according to § 4 Paragraph 1 and 2 JMStV or otherwise forbidden or discriminatory content, for example racist content that denies the Holocaust to upload grossly offensive, pornographic or violence glorifying statements. Furthermore, the user is obliged to observe the rights of third parties. If you upload content via Business Insider, you are declaring that you are the owner of all necessary rights of use to this content and that you are authorized to edit, reproduce, distribute and publicly reproduce and / or make it perceptible. Therefore, in addition to the possible copyrights of third parties for videos, music and images, please also note the right to your own image of any people shown.

3.3 The user grants Business Insider Deutschland GmbH a temporally and spatially unlimited, non-exclusive right of use to the content uploaded or otherwise made available to reproduce, edit and limit the content for the purposes of the intended use for the start-up scene edited or unedited to make publicly available, broadcast and otherwise disseminate. The right of use also includes the right to use the content for advertising purposes.

4. Start-up scene plus

4.1 Certain content from Business Insider is offered for a fee as Gründerszene Plus. Deviating from this, Gründerszene Plus can also be made available free of charge, for example for introductory offers with specific terms or through sponsorship by third parties.

4.2 The user receives access to Gründerszene Plus by taking out a subscription. Before ordering a subscription for the first time or before accessing Gründerszene Plus for the first time, the user must register with Business Insider. The data requested during registration must be entered correctly. In particular, the user may not provide any data from third parties and is also obliged to notify Business Insider Deutschland GmbH immediately of any change to the data. 4.3 For contracts for Gründerszene Plus subscriptions, the user makes the binding offer to conclude a contract at the end of the ordering process by clicking the “Order now” button or, for Gründerszene Plus access that is not subject to a fee, by clicking the button provided there (e.g. "Redeem" or "Continue" for vouchers). The confirmation of receipt subsequently sent by Business Insider Deutschland GmbH does not yet represent an acceptance of the offer. Business Insider Deutschland GmbH can accept the offer of the user within 5 days of receipt of the order by means of an express declaration. The contract is concluded upon receipt of the declaration of acceptance (order confirmation).

4.4 The use of the fee-based and free Gründerszene Plus offers is limited to a maximum of five specific end devices (PCs, notebooks, tablets, smartphones, etc.).

4.5 Vouchers for access to Gründerszene Plus are only available individually. The access to Gründerszene Plus included in each case has a fixed term, at the end of which the access option ends and which is not automatically extended. The length of the term results from the respective offer description.

5. Prices, terms of delivery and payment 

5.1 The prices quoted are all inclusive of the applicable statutory sales tax.

5.2 The remuneration for the respective contract period for Gründerszene Plus is to be paid in advance and is due for payment immediately after completion of the order and thereafter at the beginning of the next contract period.

5.3 Business Insider Deutschland GmbH may offer different payment methods for payment (e.g. SEPA direct debit, PayPal, credit card, invoice), although there is no entitlement to the user always being offered all payment methods. For payment processing via the respective financing partner or payment system provider (e.g. PayPal), only the terms and conditions of use of the respective provider apply.

5.4 If the user defaults on the payment of the purchase price or an agreed partial payment, Business Insider Deutschland GmbH can demand a lump sum for dunning costs of 2.50 euros from the user for each reminder. This does not apply if the reminder is an initial reminder giving rise to default or if the user proves that no corresponding damage has occurred or is significantly lower than the lump sum for reminder costs.

5.5 If a direct debit agreed with the user fails due to insufficient funds in the user's account or due to culpable behavior on the part of the user, Business Insider Deutschland GmbH can demand reimbursement of the return debit fee charged by the bank involved from the user. This does not apply if Business Insider Deutschland GmbH has not informed the user or has not informed the user in good time about the time of the direct debit and the amount of the amount to be collected. The information has been given in good time if it has been transmitted in compliance with the applicable or contractually agreed notice period (“pre-notification”).

6. Right of withdrawal; Cancellation instructions 

You can find all information on whether you as a consumer have a statutory right of withdrawal, as well as the corresponding cancellation policy, under the following link: cancellation policy. These terms and conditions do not grant entrepreneurs a right of withdrawal.

7. Terms and termination 

7.1 Subscriptions run for the duration of the specified contract period, starting on the day the contract is concluded. Unless otherwise stated, subscriptions are automatically extended by the contract period unless they are canceled in writing seven days before the end of the contract period. To terminate the contract, the user can also informally use the "Cancel subscription" button in the registration area and declare the cancellation to be effective in those ways.

7.2 Both parties are free to extraordinary termination.

7.3 If the user deletes his user account at Gründerszene Plus (see section 3.2 of the GTC - “Registration”) in his account area via the link “Delete account”, which is a prerequisite for taking out a subscription, the user will first be informed that he also loses access to the services from his subscription. The user account is blocked at the same time and deleted after 28 days (deletion within the framework of legal obligations). The deletion of the user account also constitutes a termination of the subscription as soon as possible. The user remains obliged to pay the subscription fees until the end of the term.

8. Liability / warranty / guarantee / indemnification 

8.1 If Gründerszene Plus offers or other content are made available to the user free of charge, the statutory provisions for donations apply. A guarantee for defects is not accepted. The services are offered subject to availability and can be changed or discontinued at any time at your own discretion.

8.2 When using chargeable products, Business Insider Deutschland GmbH is liable for damage caused intentionally or through gross negligence, the result of the non-existence of a guaranteed quality of the object of performance, which are based on a culpable violation of essential contractual obligations (so-called cardinal obligations), the result of a culpable injury to health, body or life, or for which liability is provided under the Product Liability Act, according to the statutory provisions.

Cardinal obligations are those contractual obligations, the fulfillment of which makes the proper execution of the contract possible in the first place and on whose compliance the contractual partner can regularly rely, and whose violation on the other hand endangers the achievement of the purpose of the contract.

In the event of a breach of a cardinal obligation, liability - insofar as the damage is based only on simple negligence and does not affect life, limb or health - is limited to such damage, the occurrence of which can typically and foreseeably be expected in the context of the provision of services such as the contractual services.

In addition, liability - for whatever legal reason - towards Business Insider Deutschland GmbH and towards the vicarious agents and vicarious agents of Business Insider Deutschland GmbH is excluded.

If damage results from the loss of data, Business Insider Deutschland GmbH is not liable if you would have avoided the damage by backing up all relevant data on a regular, complete and appropriate basis for the value of the data.

8.3 Insofar as warranty claims can exist due to the nature of the service in question, the statutory provisions apply in principle. However, the warranty period is shortened to one year, unless it concerns claims for damages due to material defects, the result of the non-existence of a guaranteed quality of the object of performance, the result of a culpable injury to health, body or life or for which there is liability after Product Liability Act is provided.

8.4 The user exempts Business Insider Deutschland GmbH from all claims by third parties that arise due to his culpable behavior or in connection with his use of the start-up scene and the content or due to the culpable violation of these terms of use or statutory regulations or that result directly or indirectly from it .

9. Data protection 

All information on the collection, processing and use of personal data of users can be found in the data protection declarations of Business Insider Deutschland GmbH.

10. Changes to these terms of use and services 

10.1 These terms and conditions can be changed at any time and without giving reasons. The changed terms and conditions will be sent to the user in a suitable manner and, if necessary, by email. They are deemed to have been agreed if the user does not object to their validity within one month of receiving the notification. The objection must be in text form, i.e. at least an email. In the notification, the user is separately informed of the possibility of objection, the deadline and the consequences of his inactivity.

10.2 As an alternative to clause 10.1, the changed terms and conditions can also be presented to the user during his next registration via www.businessinsider.de. The changed terms and conditions are agreed upon by the user agreeing to them during his next registration. They are deemed to have been agreed if the user does not object to their validity within one month of the initial presentation. The objection must be in text form, i.e. at least an email. Business Insider Deutschland GmbH will separately inform the user of the possibility of objection, the deadline and the consequences of his inactivity in the course of the presentation of the amended terms and conditions. If the user objects, Business Insider Deutschland GmbH has the right to terminate the relevant subscription with immediate effect, otherwise the old terms and conditions continue to apply to the user. The possibility of changing the General Terms and Conditions according to Sections 10.1 and 10.2 also does not exist for changes that restrict the content and scope of the existing core usage options for the respective user to the detriment of the user, nor for the introduction of new obligations not previously laid down in these General Terms and Conditions for the user.

10.3 Business Insider Deutschland GmbH is entitled to change or discontinue the services offered at any time at its own discretion without notice.

11. Other 

11.1 German law applies to these terms of use, excluding the UN Sales Convention and German and European conflict of laws. Berlin is the exclusive place of jurisdiction for all disputes that arise from or due to the use of the Gründerszene and / or the content or these terms of use, whereby mandatory regulations of consumer protection always take precedence over the choice of law.

11.2 Place of jurisdiction: For merchants (within the meaning of the HGB), foundations or corporations under public law, Berlin is the exclusive place of jurisdiction for all disputes that arise from or due to the use of the start-up scene and / or the content or these terms of use.

11.3 Dispute settlement: In accordance with EU Regulation No. 524/2013, the EU Commission has provided an interactive website (OS platform) for consumers, which is used to settle out-of-court disputes arising from online legal transactions. The OS platform of the EU Commission can be found under this link: https://ec.europa.eu/consumers/odr/.

Business Insider Deutschland GmbH does not take part in a voluntary dispute settlement procedure before a German consumer arbitration board. There is no legal obligation.

11.4 Contract text and contract language: The contract between the user and Business Insider Deutschland GmbH is generally not set out in a separate contract text on the person of the user, which the user could then access later as such. The content of the contract results from these terms and conditions and the subject matter of the contract. Only the German language is available for the conclusion of the contract.

As of November 25, 2020