AGB | Shiny

Terms of Service

§ 1. Scope

1. These general terms and conditions, hereinafter referred to as GTC, apply to all contracts between us, SHINY Influencer and Blogger Society GmbH, Commercial Register Hamburg HRB 163820, represented by the managing director Brita Segger, and you as our customer. The terms and conditions apply regardless of whether you are a private person, entrepreneur or merchant, member or contractual partner.

2. The SHINY Influencer and Blogger Society GmbH is a closed community for digitally creative and digitally active people, hereinafter referred to as SHINY. The validity of the terms and conditions applies to membership in SHINY, the use of the community, the Internet pages and the services, services and benefits provided through them.

3. The address of the provider and operator of SHINY's offers is:

SHINY Influencer and Blogger Society GmbH

Mundsburg dam 2

22087 Hamburg

4. All agreements made between members and us in connection with the membership application result in particular from these membership conditions, our written confirmation and our declaration of acceptance.

All agreements made between contractual partners and us result in particular from the separate contractual conditions and our written declaration of acceptance.

5. The version of the General Terms and Conditions valid at the time a membership or a contract is concluded is decisive. We do not accept deviating conditions or contract offers. This is hereby expressly contradicted.

§ 2. Membership

1. A SHINY membership comprises the entirety of the services, services, events and trips made available online and offline, which are provided via the Internet address www.shiny-influencer.com , the SHINY social media channels or by direct email .

2. A member of SHINY is every person who has joined the community via a membership application and whose membership application has been accepted by the community with a confirmation.

3. Only private persons with real names SHINY can join as members.

§ 2.1. Accession and termination

1. Membership in SHINY takes place by submitting an application for membership. There is no entitlement to admission. The management decides on the admission of a new member, independently and confidentially. A reason for acceptance or rejection will not be given. The obligation to contribute begins immediately after confirmation by SHINY. Membership begins with the receipt of the membership fee.

2. SHINY offers two memberships. Regular membership and honorary membership. Honorary members, so-called VIP members, are exempt from the obligation to contribute. The award of honorary membership is done by SHINY at its own reasonable discretion. There is no legal entitlement to admission as a VIP member. SHINY is entitled to change or revoke honorary membership at its own discretion, in particular in the event of subsequent or subsequent circumstances that are decisive for this.

3. In the context of the membership application, truthful and complete data must be given. SHINY reserves the right to check the accuracy of the information with legally permissible means. Members are obliged to update the master data they have given to SHINY immediately in the event of changes.

4. The contract term for membership is twelve months. It is extended by a further twelve months if it is not terminated by giving three months' notice to the end of the respective 12-month period. All terminations must be made in writing.

5. SHINY has the right to terminate a membership without notice if there is good cause for termination. An important reason exists in particular if a member has culpably violated these terms and conditions or other legal provisions in a significant way or repeatedly. Violations by third parties acting at the instigation of a member are equivalent to such a violation.

6. SHINY is entitled to cease operations of SHINY altogether and to terminate the current contracts for the expiry of the operation with partial reimbursement of advance payments made.

7. SHINY is entitled to block members who have given cause for termination for good cause from renewed membership and use of the community. The data required for this blocking will be stored for a maximum period of 2 years from the end of membership.

§ 2.2. Advertising ban

1. Members may not market or advertise commercial services through the community. Marketing or advertising within the community is only permitted with the prior express consent of SHINY. In the event of violations, SHINY reserves the right to exclude the member.

2. SHINY does not adopt factual or advertising statements of the members and is not responsible for the communication of individual members of the community about other members or third parties.

3. SHINY is also not responsible for contracts that members of the community conclude with one another or with third parties.

4. Appropriate separate agreements with SHINY are required to market or advertise your own content.

§ 3. Right of withdrawal

1. Natural persons have a right of withdrawal in accordance with the statutory provisions.

2. For the right of withdrawal, the regulations that are detailed in the following apply

Revocation Lecture

Right of withdrawal

SHINY members have the right to withdraw from the contract with SHINY within fourteen days without giving any reason. The cancellation period is fourteen days from the day the contract is concluded. In order to exercise their right of cancellation, members must inform SHINY of their decision to cancel this contract by means of a clear statement (e.g. a letter sent by post or an email).

The relevant contact details are:

SHINY Influencer and Blogger Society GmbH

Mundsburg dam 2

22087 Hamburg

Email: contact@shiny-influencer.com

To meet the cancellation deadline, it is sufficient that the notification of the exercise of the right of cancellation is sent before the cancellation period has expired.

SHINY will send you a confirmation of the receipt of such a cancellation immediately (e.g. by email).

§ 3.1. Consequences of withdrawal

If members withdraw from this contract, SHINY pays back all payments received from the member immediately and at the latest within fourteen days from the date on which the notification of the cancellation of this contract was received by SHINY. For this repayment, SHINY uses the same means of payment that the member used in the original transaction, unless something else was expressly agreed with the member; In no case will the member be charged fees for this repayment.

If the member has requested that the service should begin during the cancellation period, it must pay SHINY an appropriate amount, which corresponds to the proportion of the services already provided up to the point in time at which it informed SHINY of the exercise of the right of cancellation with regard to this contract compared to the total scope of the services provided for in the contract.

§ 3.2. Exclusion of the right of withdrawal

The right of revocation does not exist if a member or contractual partner is predominantly engaged in a commercial or independent professional activity when concluding the legal transaction and is therefore to be regarded as an entrepreneur (§ 14 BGB).

The right of withdrawal does not apply to contracts that come into being between a member and a third party, in particular another member or contractual partner. Any rights of withdrawal can only be asserted against the third party in this regard.

§ 3.3. Other important information

Members expressly agree that SHINY will begin performing the service before the end of the withdrawal period. Unless you have expressly agreed otherwise when completing the membership application.

There are no rights of revocation for contracts that SHINY concludes with contractual partners and entrepreneurs in the context of their entrepreneurial, commercial or freelance work.

§ 4. Offer

1. SHINY offers digitally creative and digitally active people advice and the provision of information in the field of Internet and media presentation. This includes the organization, implementation and mediation of community gatherings, in particular in the form of webinars, seminars and coaching as well as general events and trips.

2. SHINY endeavors to provide its members with interesting and up-to-date information, services and benefits and to make SHINY membership interesting and advantageous for the member. Membership in SHINY includes the provision of the information, services and benefits currently offered by SHINY. There is no obligation for SHINY that goes beyond the agreed services. Insofar as SHINY provides free services, measures and benefits, unless otherwise agreed, this is done exclusively on a voluntary basis and excluding any entitlement to continued validity or repetition.

3. SHINY is entitled to discontinue or limit free services at any time or to continue them as paid services after the member has given his consent.

§ 5. General duties of the members

1. SHINY attaches particular importance to the seriousness and quality of the services and services provided by the community. However, members are responsible for using the services and offers themselves. Members may not violate any applicable legal provisions or contractual provisions when using the services and services. In particular, a member does not have to violate the rights of third parties and to observe the applicable data protection regulations, criminal laws and youth protection regulations as well as commercial law regulations and other legal provisions.

2. A member is obliged:

to provide only true and not misleading information about one's own identity and to use one's real name and no pseudonyms or artist names;

to only use profile photos within the community on which the member can be clearly identified.

ensure that the public reproduction of the profile photo used by him or made available to SHINY is permitted under applicable law and, in particular, does not violate copyright laws. In the event of violations, the member indemnifies SHINY from any damage, including appropriate legal representation.

The use of photos or images of other or non-existent persons or other beings or of logos as profile pictures within the community is not permitted.

3. Members may not misuse the services and services provided by SHINY. In particular, it is prohibited:

to offer non-specialist services and / or services, products and / or services that are outside of SHINY membership or additional contracts with SHINY;

Spreading harmful software such as viruses, worms, Trojans;

Make attempts to secretly or abusively collect or process data;

to use the services for sending spam, chain letters or other unsolicited content or unsolicited advertising or to collect or obtain data for the aforementioned purposes;

To contact members for advertising purposes who have already refused to do so in advance for the individual case or in general to the respective contacting member or contractual partner;

to drive unauthorized advertising (e.g. for prohibited offers);

to publish personal data of third parties, in particular pictures, names, addresses, telephone or fax numbers or e-mail addresses without their prior consent or to collect them for the purpose of improper use;

To publish advertising for offers that conceal another contractual purpose;

to publish, advertise or convey fraudulent, extremist, racist, prohibited or violence-glorifying offers or content via the services;

to publish or advertise pornographic, violence-glorifying or violent content, immoral or youth protection laws, or to provide access to it;

to disseminate offensive or defamatory content, regardless of whether this content concerns other users, members, employees, contractual partners or other persons or companies.

4. SHINY reserves the right to block or delete content and offers that violate these terms and conditions or legal provisions without prior notice. SHINY is also entitled to block offers, content and data from members until a factual and legal situation has been finally clarified if third parties claim a legal violation against SHINY or SHINY gains knowledge of a suspected legal violation in another way.

5. Members have to keep confidential data, especially passwords, secret. In the event of abuse or suspicion of abuse, the member must inform SHINY immediately.

6. Members are expressly prohibited from providing their own access or login data to other people, regardless of the reason or purpose.

7. SHINY can commission third parties to provide parts or the entire range of services on the website or social media channels. The responsibility for legal or contractual obligations remains unaffected.

8. As far as SHINY offers comment or evaluation functions within the scope of the services offered, the content published here must be designed truthfully and factually to the best of our knowledge and belief. Malicious criticism, insults, meaningless statements, untrue statements of fact or illegal content are prohibited. Negative assessments must be justified. Reviews may only be based on the reviewer's own experience. There is no entitlement to the publication of comments or ratings. SHINY reserves the right to delete comments or ratings that violate these terms and conditions. There is no entitlement to the deletion of negative ratings or comments, provided that a member's rights are not violated by the ratings or comments.

8. The member indemnifies SHINY and its contractual partners from all damages and expenses incurred as a result of violations of the law for which the member is responsible in the context of the use of the services, services or Internet offers of SHINY. The costs of an appropriate legal defense are also included in the keeping free.

9. SHINY is entitled to take appropriate measures to point out that contractual partners are responsible for the content of publicly available content. They are obliged to provide provider identification that meets the legal requirements.

§ 6. Special obligations of contractual partners

1. Contractual partners endeavor to provide members with interesting offers and conditions that offer a member advantage for SHINY members. There is no obligation to grant certain offers or special conditions.

2. Contractual partners are obliged to observe the statutory provisions applicable to their trade. This expressly includes commercial law and tax requirements. Insofar as legal or professional regulations and / or restrictions apply to the activity and its presentation and application, the contractual partner is solely responsible for observing them. The contractual partner holds SHINY harmless from all possible costs, damages and expenses due to illegal offers for which he is responsible as well as legal violations for which he is responsible.

3. Contractual partners are prohibited from giving the impression that SHINY is related to the contractual partner and its services, benefits or offers, in particular that there is a recommendation from SHINY or a joint offer, unless such a factual statement is the subject of an agreed cooperation and takes place with the express approval of SHINY.

§ 7. Data protection and privacy

1. SHINY complies with the statutory data protection regulations and protects the privacy of community members. SHINY uses personal data of members exclusively for the purpose of maintaining and providing the community, providing, providing and managing its own services, in particular events, webinars, trips or other events, as well as for customer-specific support for community members and contractual partners.

2. Members are obliged to use the information accessible to them in the context of using SHINY exclusively for the purpose of establishing contact and maintaining contact within the framework of the community and otherwise only with the prior consent of the respective other members and in particular to observe the applicable data protection regulations. It is expressly forbidden to make publicly available or disseminate information about members that are noted within the framework of the community (for example also in the context of events) and which are not publicly accessible anyway without the consent of the respective member. This includes in particular e-mail addresses, telephone numbers and information on personal or business matters of the members. A violation of these provisions can result in the immediate termination of membership and the exclusion of the respective member.

§ 8. Copyrights

Use of the images, films and texts used on the community pages is not permitted without the express consent of SHINY.

Contractual partners and members are not permitted to use protected SHINY brand names in domain names or e-mail names. A member is neither a broker nor an agent for services, benefits or services and is not authorized to give this impression.

§ 9. Technical implementation and provision

1. SHINY generally provides its Internet offers 24 hours a day, 365 days a year. However, successful retrieval in individual cases is not owed. The provision of the services with a certain time availability is not owed. SHINY is particularly entitled to interrupt the services for the purpose of care, maintenance, rectification of defects, to prevent or prevent improper use or in the event of any security problems that may arise. In the event of temporary, short-term unavailability, the member's entitlement to services that have already been paid for but not yet used remains intact. There is no entitlement to reimbursement or withdrawal from the contract. SHINY will only make interruptions to the extent necessary if there is a sufficient reason and eliminate them as soon as possible.

2. SHINY reserves the right to discontinue the online offer. In this case, the member receives a reimbursement for services that have already been paid for but not yet used.

3. SHINY reserves the right to change the technologies (servers, operating systems, interfaces, software, internet sites) and means of communication used within the scope of its own services and, in particular, to adapt them to the current state of the art. Subject to the fulfillment of its own contractual obligations towards a member, SHINY is entitled to change, expand, limit or discontinue its own services at its best discretion.

§ 10. Rights of use

1. SHINY reserves all rights to its own provided services and content. The copying, downloading, distribution and distribution as well as saving of the contents of the internet pages and other presentation media is not permitted, with the exception of the contractual use, without the express consent of SHINY.

2. The services and services provided for SHINY members may only be used for third parties with consent. The further sale or passing on of the services requires the express consent of SHINY.

3. The member or the contractual partner grants SHINY for any data and content protected by copyright or in any other way that is stored, processed or used by SHINY for the member or within the framework of the respectively agreed cooperation with the contractual partner or the member a non-exclusive right, limited to the duration of the respective service purpose, to reproduce, edit and otherwise exploit and use the data and content in the context of fulfilling the contractual service obligations and for data backup purposes.

§ 11. Obligations to cooperate

1. The member must provide SHINY with all information essential for the service relationship and inform it in good time of any problems or changes required. SHINY can consider the member's communications to be correct and complete and is under no obligation to investigate.

2. The member / contractual partner shall only provide SHINY with templates, photos, data and other content, the use of which by SHINY in accordance with the order does not infringe the rights of third parties. As far as SHINY is to process personal data for the member / contractual partner, the member / contractual partner must ensure compliance with all relevant data protection regulations. The member / contractual partner indemnifies SHINY from damage, expenses and claims by third parties that arise due to violations of the law for which SHINY is not responsible in accordance with these contractual conditions and which arise in the execution of a customer order. The exemption also includes the costs of an appropriate legal defense to the legal extent.

3. The member or the contractual partner is responsible for creating the prerequisites necessary for the proper execution of the contract in his operating sphere. This applies in particular to the hardware and software required for the implementation of the service, unless it is expressly to be provided by SHINY.

4. The member / contractual partner is liable for his cooperation, in particular he has to check data carriers and files for viruses and other malware with a current and state-of-the-art virus protection program prior to transfer or transmission to SHINY.

5. Contact with members in the context of the contractual relationship is usually made by email. The member must therefore ensure that the e-mail address provided by him is correct and that no settings or filter devices of the member prevent the receipt of the contract-related e-mails.

§ 12. Costs and terms of payment

1. Membership costs 5.95 euros per month and can only be agreed for a period of twelve months.

2. The members undertake to pay the remuneration amount agreed with SHINY in advance to SHINY at the start of membership.

3. Membership begins with receipt of payment.

4. The member bears the costs arising on his / her side, such as the costs for access to the Internet or for the transfer of data as well as any necessary license costs for software and advertising material used.

5. The member also bears the costs incurred on his / her side for participation in events, events, webinars and travel, such as the costs for travel to and from the site, accommodation and meals.

6. Unless otherwise agreed or provided for, a payment period of fourteen days from the date of invoicing applies to SHINY's invoices. In the case of return debits caused by insufficient coverage, SHINY is permitted / permitted to have the resulting damage reimbursed.

7. The member is only entitled to offset if his counterclaims have been recognized by SHINY or have been legally established. The member is only authorized to exercise a right of retention if his counterclaim is based on the same contractual relationship.

8. The member can settle invoices using the payment methods offered by SHINY. If a fee cannot be collected, the member bears all costs incurred by SHINY, in particular bank fees in connection with the return of direct debits and comparable fees, to the extent that it is responsible for the event that triggered the costs. SHINY is free to send invoices and payment reminders exclusively by electronic means.

§ 13. Liability

1. SHINY is liable to you for damage caused by SHINY itself, its own legal representatives or vicarious agents with gross negligence or intent and for the breach of essential contractual obligations (cardinal obligations). Liability for slight and simple negligence is excluded, regardless of the legal reason.

2. SHINY is not liable for facilities or services outside the sphere of influence, in particular not for the non-availability of the services due to disruptions in the Internet or the services or facilities used for the Internet or to provide access.

3. SHINY is not liable for compensation for indirect damage, in particular for lost profit. In the event of a non-grossly negligent breach of a cardinal obligation, SHINY is also only liable up to the amount of the typically foreseeable damage when the contract was concluded.

4. Our liability for damage resulting from injury to life, limb or health remains unaffected by the above limitations or exclusions of liability.

5. As far as the liability of SHINY is limited or excluded, this also applies in favor of the legal representatives, organs and employees of SHINY and accordingly also for claims for reimbursement of expenses.

§ 14. Changes

SHINY reserves the right to change its own services or to offer different services, unless this is unreasonable for the member. SHINY also reserves the right to change its own services offered or to offer different services,

insofar as SHINY is obliged to ensure compliance of the services with the law applicable to the services, in particular if the current legal situation changes or because SHINY forces a court decision against SHINY to do so;

as far as the respective change is necessary to close existing security gaps;

if the change is only beneficial to the member; or

if the change is of a purely technical or procedural nature without significant effects for the member. Changes with only insignificant influence on the functions of own services do not represent changes in performance in the sense of these regulations. This applies in particular to changes of a purely graphical nature and the mere change in the arrangement of functions.

SHINY reserves the right to change the terms and conditions,

if the change is only advantageous for the member, if the change is purely technical or procedural and has no legal effects for the member;

insofar as SHINY is obliged to ensure that these terms and conditions are in accordance with the law applicable to the services, in particular if the applicable legal situation changes or because SHINY forces a court decision against SHINY to do so;

insofar as SHINY introduces additional, completely new services, services or service elements that require the provision in these conditions, unless the previous usage relationship is adversely affected by this.

SHINY will inform the member about such changes in text form (e.g. by email).

With regard to services that are booked individually and are not offered as part of a continuing obligation (e.g. booking advertising or posting or participating in an event), a separate contract is concluded for each booking, with additional conditions where applicable be shown separately in individual cases prior to booking. The corresponding contractual conditions and services can be changed for future bookings regardless of the requirements for service changes mentioned here.

§ 15. Final provisions

1. The member may only transfer rights and obligations from or in connection with the contract to third parties with the consent of SHINY.

2. These general terms and conditions are also valid if SHINY's internet offers are used outside the Federal Republic of Germany.

3. The law of the Federal Republic of Germany applies to the exclusion of the UN sales law. This choice of law only applies to consumers if the protection granted by the mandatory provisions of the law of the state in which the consumer is habitually resident is not withdrawn.

4. If the member or contract partner is a merchant, a legal entity under public law or a special fund under public law, or if the member / contract partner does not have a general place of jurisdiction within the Federal Republic of Germany, the place of jurisdiction for all disputes is off Contractual relationships between the parties, the headquarters of SHINY.

5. Should individual provisions of these terms and conditions be ineffective, the validity of all other provisions continues to exist. In place of the ineffective points, the statutory provisions apply if an update of the terms and conditions could not yet create a valid replacement.

6. The European Union has set up an online platform ("OS platform") for the out-of-court settlement of consumer disputes. The OS platform is intended to serve as a point of contact for the out-of-court settlement of disputes relating to contractual obligations arising from online sales contracts. The platform can be reached on the Internet at https://ec.europa.eu/consumers/odr .

7. SHINY is neither obliged nor willing to take part in dispute settlement proceedings before a consumer arbitration board.