Terms of Use

Hi, nice to meet you! We are the founders of heysite, more precisely heysite GmbH, Neue Maastrichter Str. 13, 50672 Cologne, Germany (“heysite”). These Terms of Use represent the binding rules, which are applicable for you and for us when using our platform at heysite.io.

For the use of the social networks or other providers to distribute your content, each of their general terms and conditions shall apply.

Description of Services

Heysite is a service which allows you to create and upload content on our platform during the term of this Agreement as well as to centrally enhance and share content on social networks such as Facebook or Twitter. To achieve this, we provide you different tools and options to optimally match your content for the presentation in social networks in order to enable you to quickly and simply share your content according to your needs.

Publication of content shall occur by way of electronic transfer of content or via links to this content to each of the social networks, where content is to be published according to the settings applied by you. The service owed by heysite consists of initiating transfer to the social networks selected by you. Publication of content shall be your sole responsibility as well as the responsibility of each social network and is not within the scope of influence of heysite. In addition, you are able to create a customized link via the heysite platform to your content, which you can use to publish your content at your own discretion via distribution channels other than those supported by heysite.

Heysite may provide features of the platform for test and demonstration purposes free of charge (“beta features”). Beta features are designated as such and are expressly not intended for productive use. In particular, beta features may be defective in individual cases. Heysite reserves the right to discontinue beta features at any time and without prior notice.

If you would like to use our platform, you must first create a user account. For this purpose, you may either use the social media logins supported by us (such as Facebook or Twitter) or register with your email address or your password. Furthermore, you must select a user name, which will be used to make your content available on the internet. With registration, you accept these Terms of Use. After you submitted your registration we will send you a confirmation of your registration per email. This email includes a link, with which you can confirm your email address. With confirmation of your email address, you enter into the Agreement with us (which is free of charge for you). The registration process has then been completed.

After you have completed the registration process you can setup and customize your user profile. All information in your user profile is voluntary unless it is designated as mandatory information.

Obligations of heysite

We provide you with the platform free of charge according to the description of services depicted above.

We are entitled, but not obligated, to expand the range of services at any time. In addition, we reserve the right to temporarily or permanently limit individual features if this is technically necessary or it only concerns non-substantial changes. We will notify you of substantial changes via email on a timely basis before discontinuance as long as there are no compelling technical or legal reasons not to do so. If we provide additional features free of charge, we are entitled to again discontinue these additional features at any time without prior announcement.

We endeavor to the best of our knowledge and belief to provide our platform to you as reliably as possible. However, it may occur that access to the platform is temporarily limited due to technical disruptions, maintenance work or for other reasons. We therefore cannot guarantee uninterrupted availability.

Obligations of the User

In order to use our platform, you must register and open a user account. You may only register once. You may not allow third parties to use your user account.

You are personally responsible for the confidentiality and security of your password. That means that you must keep your password confidential for access, may not provide it to others, may not tolerate or enable knowledge of it by third parties and you must undertake the necessary measures to guarantee its confidentiality, such as using a secure password made up of numbers, letters and special characters and regularly changing your password.

In the event of abuse of your account or corresponding suspicion or loss of your password, you are obligated to immediately notify us, for example, via email.

You must back-up the data and content entered, uploaded and stored by you within the framework of our platform and make your own backup copies on a regular basis and according to the individual risk in order to assure reconstruction of the data and information should this get lost.

It is forbidden to perform attacks on the functionality of the platform or the functionality of the social networks with the aid of the platform, such as mass sending of emails (SPAM), hacking attempts, brute force attacks, use of or sending spyware, viruses and worms.

When publishing and distributing content with the aid of the platform, you must adhere to all applicable laws and other legal provisions. In particular, you are not allowed to create, use or publish data and content that violate legal provisions, in particular such that violate third party protection rights or copyrights or other third party rights or the terms and conditions of the social networks supported by the platform or that are offensive. Offensive content in particular includes pornographic, harmful, insulting, politically extreme right or left content or content that glorifies violence. Heysite reserves the right to delete content which violates these terms at any time and without prior notice.

You are personally responsible for the content provided by you. Heysite neither reviews the content regarding accuracy, completeness and legality nor regarding lack of viruses or other security risks.

Copyrights

Your content belongs to you. If you upload copyright protected works using our platform (such as text, graphics, photos or videos), you grant us a simple, non-exclusive, worldwide and temporally unlimited usage right to use these works to provide our services, in particular to duplicate them (such as to copy them to our server), to distribute, to edit (such as to change the size) and to make them accessible to third parties in accordance with your settings (so-called “making available to the public”). Moreover, you authorize us to grant all necessary rights to third parties, which are required to provide our services. That in particular includes the right to grant usage rights to social networks, if necessary, in order to publish content for you. We will not use your content for purposes other than those agreed with you and in particular not sell it.

Before you upload content, you are obligated to ensure that you have the required rights according to Section 4.1. This particularly applies to content, which you did not create yourself. Therefore, please make sure before you upload that you are entitled to also use, edit and distribute the content on the internet. You are also responsible regarding the works, which you did not create, that the copyright holders are properly cited and possible license terms are adhered to (such as create commons licenses).

Release from Liability

You will indemnify and hold Heysite harmless against all claims made by third parties against Heysite due to culpable violations by you against these Terms of Use or applicable laws in connection with the contractual use of the platform. Heysite will promptly notify you of any claims made by third parties and will either have you defend the third party claims on your own or will collaborate with you. Upon request, heysite will provide you with all the necessary documents for defense and will neither recognize third party claims without your consent nor render them as uncontested as a whole. The indemnification also includes compensation for costs, which Heysite incurs or incurred by legally pursuing and defending.

Exemption from Liability

Concerning our free services we are only liable for willful intent and gross negligence.

For material or legal defects of our platform, we are only liable if we maliciously concealed the error.

Termination and Blocking

Both parties may terminate the Agreement at any time without prior notice. If you would like to terminate, you may simply delete your account using the respective button on your profile. For the sake of protecting your data from unauthorized third party access, we reserve the right to ask additional security questions, before we permanently delete your account.

If your Agreement is terminated, regardless of whether by you or by us, we will delete your data, unless we are legally or contractually obligated to retain it.

Heysite is entitled to temporarily block access to the platform if you have violated a significant provision of these General Terms and Conditions (in particular 3. and 4.) or there is reason to believe that your access will be abused. In the event of blocking, heysite will inform you per email of the block and will give you the opportunity to respond.

Changes to these Terms of use

These Terms of use may be amended between you and us by corresponding agreement as described in the following: We send you the amended terms before the effective date per email and separately inform you of the new regulations as well as the effective date planned. At the same time, we will give you a reasonable amount of time, a minimum of two months for your declaration as to whether you accept the amended Usage Terms for further use of the services. If a declaration does not occur within this period, which commences with receipt of the message in writing, the amended terms are then considered agreed. We will separately inform you of the legal consequences at commencement of the period, which means the right to revocation, the revocation period and the meaning of not responding.

Miscellaneous

These Terms of Use exclusively govern the entire contractual relationship between you and us. General terms and conditions by you will only become contractual components if we expressly agree with you on this in writing.

All amendments to these Terms of Use require - subject to Section 8 - written form. This also applies regarding exclusion of this written form requirement.

The law of the Federal Republic of Germany shall apply under exclusion of the conflict-of-law rules and the UN Convention on the Sale of International Goods.

The contract language is German. All translations into other languages are merely used for better understanding and are not legally binding.

Exclusive jurisdiction for all disputes stemming from or in connection with this Agreement shall be Cologne if you are a merchant or you do not have general jurisdiction in Germany or in an EU member country, you have located your permanent residence abroad after the effective date of these Usage Terms or your residence or habitual abode is unknown at the time of filing of a lawsuit.

If individual provisions of these Usage Terms are or become ineffective and/or run contrary to legal provisions, the effectiveness of the remaining Usage Terms shall not be affected. The ineffective provision shall be mutually replaced by the parties with such a provision that comes as close as possible to the meaning and purpose of the ineffective provision in a legally effective manner. The above regulation shall apply accordingly in the event of regulation loopholes.


Last revised: May 9, 2016