I. Welcome to gheed.com, hereinafter referred to as the “website”, which is provided by:
hereinafter referred to as “GHEED”, “we”, “us” or “our”.
We provide the website and all associated services, functions, applications, modules, programs, software and platforms, hereinafter referred to collectively as “services”, so that you as a user can quickly and easily start or participate in giveaways.
The services offered by GHEED are exclusively subject to these Terms of Service. You can find our information on data security and data protection here: https://gheed.com/privacy. The recipient of the data and information provided by users via the website is GHEED. The data is processed for the initiation, execution and processing of the purposes chosen by the user (e.g. registration, enquiry, participation in a giveaway) or made available to the broadcaster initiating the giveaway in which the user participates for purposes of contract processing.
Deviating terms and conditions on the part of the user, in particular terms and conditions on the part of the user that contradict these Terms of Service, shall only become part of the user contract with GHEED if and to the extent that GHEED agrees in writing to the inclusion of the deviating terms and conditions. Specifically, deviating or contradictory terms and conditions on the part of the user shall not be included in the user contract with GHEED if
- the user merely refers to them and transmits them to GHEED or
- GHEED does not expressly object to the validity of the user’s deviating terms and conditions or
- GHEED executes a service or activates a certain feature on the website without reservation.
In all subsections, these Terms of Service are based on the following further definitions:
- In the following, “consumers” means all natural persons who enter into legal transactions for purposes which are not predominantly attributable to their trade, business or professional activities.
- By contrast, “traders” are natural or legal persons or partnerships with legal personality who or which, when entering into a legal transaction, act in exercise of their trade, business or profession.
- “Website” means the websites of GHEED (e.g. www.gheed.com), regardless of which top-level domain or country code is used to access them.
- “User” means a person who visits or uses the website or services.
- A “competitor” is a natural person who is registered and logged in as a GHEED user and participates in a giveaway or other game on the website or in a service.
- “Broadcaster” means a natural person who is registered and logged in as a GHEED user and initiates a giveaway or other game on the website or in a service.
- A “sponsor” is the natural or legal person or company or corporation that offers a prize to acquire via the website or the service.
- “Giveaway” is a wide-ranging term meaning the formats and features that GHEED makes available to users on the website or in the services to implement games.
GHEED reserves the right to change these Terms of Service, provided this is justified by sound legal and/or economic reasons after considering the interests of both parties, e.g. in the case of major new technological developments, changes to the law or case law or other equivalent reasons.
The following shall apply here:
- GHEED shall notify the user of the amended Terms of Service without delay in text form (e.g. by email, fax) using the contact details provided by the user.
- The changes shall take effect no earlier than one month after delivery of the notification.
- If the user does not object to the changes within this period or within a deviating period specified in the notification, the changes shall be deemed accepted by the user through the user’s continued use of GHEED’s website or services.
- If the user does not wish to accept the changes, they shall be free to terminate the user contract with GHEED. If the change is at the expense of the user, the user shall have a unilateral right of termination which must be exercised vis-à-vis GHEED at least in text form (e.g. by email) no later than two weeks to the effective date of the change.
The Terms of Service shall apply separately and irrespective of the terms, regulations and terms and conditions which users may apply to their contractual relations with each other. The user shall be personally responsible for backing up any information that can be viewed or made available via the services which they require for evidence, bookkeeping or other purposes, on a storage medium independent of the website or the service.
The user of the service or website can assume different roles, e.g. as a participant in giveaways and other games (“competitor”), as an organiser of giveaways and other games (“broadcaster”) or as a premium member (“account status”).
In any case, successful registration and logging in as a user of the website is required in order to access the services.
All natural persons with unlimited capacity to contract are entitled to register as users (at least 18 years of age in Germany). Minors in particular may not register to use GHEED’s services. Registration as a group, couple or family is not permitted.
The user must transmit the information required for registration completely and truthfully to GHEED and create a username and password for their account. The telephone number may not be a value-added service number and the address may only be the physical address of the user (in particular no P.O. boxes or parcel stations).
Users who use the services in exercise of their commercial or self-employed professional activity – including Kleinunternehmer pursuant to Section 19 of the German Turnover Tax Act (UStG) – are obliged to open a commercial account and to add the necessary information to their registration data (in particular their company, legal form, managing director/agent, VAT ID, VAT number), in particular to facilitate proper invoicing.
User accounts are non-transferable. No right to free registration exists.
Users may terminate the user contract at any time. GHEED shall be entitled to terminate the user contract at any time, with a notice period of 14 days to the end of the month. This does not affect the right of extraordinary termination. This does not affect GHEED’s right to block an account (see Section IX).
GHEED reserves the right, after a reasonable period of time, to delete accounts from incomplete registrations and accounts on the website that have not been used for a long period of time. GHEED shall inform the user in good time of the planned deletion using the contact details provided by the user; if the account is then used again, the deletion will not occur.
Communication on the website, with the broadcaster and with GHEED, takes place electronically.
GHEED reserves the right to communicate electronically with the user in various ways, e.g. by email, by text messages, by API (application programming interface), by in-app push notifications as well as by electronic messages stored in the account on the website; this shall apply as long and in so far as the user has not expressly objected to selected electronic means of communication.
The user agrees to electronic communication with GHEED and on the website for the purpose of simplified contract processing. The user accepts that all consents, notifications, publications and other communication they receive electronically from GHEED do not require the statutory written form, unless mandatory legal regulations require a different form of communication in individual cases.
The user may use GHEED’s website and services in the roles offered (e.g. competitor, broadcaster, premium).
If the user wishes to initiate a giveaway or game, they must select a prize/prizes in the respective section of their account after logging in. Prizes presented in pictures shall not necessarily be absolutely identical to the items handed over to the winner(s); in particular, physical items may vary slightly in terms of the model, colour or equipment. The goods or services presented in this context do not constitute binding contractual offers by GHEED in the legal sense, but are rather an invitation to the user to make a binding offer to provide a service on the website or in the selected service (e.g. implementation of a giveaway). After entering any additional data required to process the contract (e.g. payment data), by clicking on the button in the online order process which indicates the binding nature of the declaration, the broadcaster submits a binding contract offer to GHEED on the terms shown on the website, and at the same time commissions GHEED to perform the service based on the information provided to GHEED (e.g. processing the giveaway and arranging for the prize to be handed over from the sponsor to the winner(s)). The contract is concluded upon receipt of a confirmation, which is usually sent to the broadcaster by email but does not require any specific form, meaning that verbal and telephone confirmations are also legally binding.
The user may use the usual PC and browser functions, e.g. the browser’s back command, to correct their entries, delete or reset the entire online order form.
GHEED stores the text of the contract for a limited period to process the contract with the user (in particular the acquisition of the prize, provision of game processing); the contract text can no longer be called up by the user online after the order. As part of contract processing, GHEED will forward the necessary data to the sponsor so that the prize(s) can be sent directly to the competitor(s) who win(s) the broadcaster’s giveaway or game.
in the case of off-premises contracts and distance contracts with the exception of contracts relating to financial services.
Please note: The statutory right of withdrawal shall expire if GHEED has rendered the service in full and did not start carrying out the service until after the broadcaster, as a consumer, had given their express consent and at the same time confirmed their knowledge of the fact that they would lose their right of withdrawal once the trader has fulfilled the contract in full.
You are entitled to withdraw from this contract within 14 days, without giving any reasons.
This withdrawal period is 14 days from the day when the contract is concluded.
In order to exercise your right of withdrawal, you must inform us,
in a clear explanation (e.g. a letter sent by post, fax or email) of your decision to withdraw from this contract. To do this you may – but are not obliged to – use the attached sample withdrawal form.
In order to comply with the withdrawal deadline, it is sufficient if you submit your notification that you are exercising your right of withdrawal before the end of the withdrawal period.
If you withdraw from this contract, then we must refund you for any payments received from you, including delivery costs (with the exception of any additional costs resulting from the fact that you chose a different type of delivery than the least expensive standard delivery option offered by us), without delay and no later than 14 days from the day we receive notification from you of your withdrawal from this contract. For this refund, unless expressly agreed otherwise with you we will use the same payment method as the one you used for the original transaction; under no circumstances will you be charged a fee for this refund.
In the case of a contract for the provision of services or the supply of water, gas or electricity, if they are not offered for sale in a limited volume or in a certain quantity, or of district heating, add the following: If you have requested that the services or the supply of water/gas/electricity/district heating [delete as appropriate] begin during the withdrawal period, then you will be required to pay us a reasonable amount corresponding to the services already rendered up until the moment when you inform us of your decision to exercise your right to withdraw from this contract, as a proportion of the overall services covered by the contract.
(If you would like to withdraw from the contract, then please fill in this form and send it back.)
–To SmartSelf GmbH, Wittestraße 16a, 06110 Halle/Saale, Germany, email: firstname.lastname@example.org: – I/We(*) hereby revoke the contract I/we(*) concluded on the purchase of the following goods(*)/the provision of the following service(*)
– Ordered on(*)/received on(*)
– Name of consumer(s)
– Address of consumer(s)
– Signature of consumer(s) (only for paper notifications)
(*) Delete as appropriate.
All prices are in euros and include statutory VAT and other price components. The information on the website or in the services on the prizes presented originates from the sponsors; it does not constitute information provided by GHEED on the quality of the prizes.
The use of the platform as a web application requires the use of the current version of the following internet browsers: Firefox, Chrome or Internet Explorer (from version 11).
The user is obliged to act with the utmost care when using the website or services, taking into account the particular risks associated with using the internet. In particular, they are bound by the following obligations:
- the user may only release what they enter for data transmission to the platform if the browser indicates that the data transmission is encrypted;
- the user is obliged to use the ‘Logout’ button to log out after each use of the website or the service or before leaving their computer workstation;
- the user must not take any measures which could result in an unreasonable or excessive load on the website or the underlying infrastructure;
- the user shall keep their password secret and protected from access by unauthorised third parties;
- the user shall keep the information and data stored in their account or on the website, in particular contact details such as their email address, up to date, and independently correct outdated, incomplete, misleading, untrue or incorrect information without culpable delay;
- the user shall instruct, obligate and regularly monitor any employees whom they permit to use the website on their behalf.
The user shall inform GHEED without delay of any unauthorised use of their account, the giveaway, any other game or a related security violation, e.g. by sending an email to email@example.com.
It is the responsibility of the user to ensure that their offers and content (in particular pictures and other information) on the website are lawful and do not infringe the rights of third parties. GHEED provides the technical infrastructure to implement the giveaway on the website, while the user is responsible for the substantive design and verification of the giveaway.
GHEED sees itself as a technical service provider that provides and further develops the infrastructure on the website and in the services. GHEED is neither an organiser nor a sponsor of giveaways or other games, unless GHEED is expressly named as a broadcaster or sponsor in individual cases.
The user who organises a giveaway or other game as a broadcaster shall be responsible for ensuring that this is done in accordance with GHEED’s Terms of Service and the conditions and guidelines of the social networks to which the giveaway or other game relates.
Users may not use addresses, email addresses and other contact details they receive in connection with the use of the website or services for any other purpose than for contractual and pre-contractual communication relating to the giveaway or other game. In particular, it is forbidden to sell data or – in accordance with the applicable legal provisions – to use it without the relevant authorisation for sending unsolicited advertising.
Users are not permitted to block, overwrite or modify content generated by GHEED or other users or interfere in any other way with the services, especially if this could result in an excessive load on the GHEED infrastructure.
The user guarantees that their use of the website and/or services as well as the account is not for the following purposes:
- organising a giveaway or other game without the intention of handing over the promised prize or any prize at all;
- organising a giveaway or other game in order to refer users to another game, contest or promotion via a referral link;
- allocating prizes for giveaways or other games on the website or in the services to persons who are not registered users of gheed.com and have not participated in the giveaway or other games;
- organising giveaways with activation codes to collect a large number of followers, fans or supporters for sites/groups or other social accounts; the same applies to giveaways or other games designed exclusively to exchange followers/contacts/fans;
- organising a giveaway or other game that is financed by donations or predominantly contains recommendations, affiliate links or CPA offers;
- inciting other users, in particular competitors, to engage in breach of contract or to violate the terms of service of other service providers (e.g. by asking them to click on AdSense ads);
- using content of the website or services (e.g. photos of prizes) without the necessary copyright or usage rights;
- setting up more than one account or fake accounts to manipulate, falsify or sabotage giveaways or other games or game results (e.g. to artificially increase game participation or to be able to redeem several prizes);
- transmitting false information or representations about the user or the user’s company as well as false information about affiliation to a person or corporation;
- reverse engineering, decompilation or disassembly of any part of the website or services;
- automating entries (in particular to deceive the broadcaster);
- using data mining, robots or other data acquisition and extraction programs;
- forging or manipulating headers or other identifiers to disguise the origin of data transmitted to other users when using the website or services;
- interrupting or disrupting the website or services or the use of the website or services by other users;
- transferring, networking or issuing sublicences or authorisations for the website or the services, or the content of the website, to third parties without the corresponding consent of the rights holders or authorised parties;
- reproducing, copying or duplicating the website or the services without the consent of the rights owners or authorised parties; the same applies to any act or failure to act that falsely suggests that another website or another service is connected to GHEED;
- creating one or more accounts after the user’s account has been blocked or deactivated; the same applies to the performance of actions for users who are blocked or have been excluded from using the website or services, if the exclusion or blocking is known or if it has remained unknown due to gross negligence.
If the user acts as a broadcaster, they shall be responsible for compliance with the guidelines and specifications of the social networks or other platforms that they choose for implementing the game or giveaway. The broadcaster guarantees compliance with the mandatory requirements of German and European data protection law, especially in connection with any joint responsibility for data processing operations in the selected social network or platform (‘joint controllership’) and – if necessary or required – shall independently conclude appropriate agreements to ensure a uniform level of data protection (e.g. data processing agreement, data protection agreement).
The user hereby releases GHEED from liability for all claims asserted against GHEED by other users or third parties due to acts, or failures to act, on the part of the user on the website which infringe their rights, unless GHEED’s liability results from the failure to remedy the infringement within a reasonable period of time from the moment when we were notified of the infringement (decisive here is when GHEED received the notification). GHEED’s right of release also includes the costs of necessary legal representation.
In particular, the user may not use our brands and trademarks as described below:
- in connection with a product or service not related to the website or the services, or
in such a way that there is a possibility of misidentification, or
in a manner that disparages or discredits GHEED, the website or the services.
Subject to compliance with these Terms of Service and any further agreements between the user and GHEED and the timely settlement of any due payment claims on the part of GHEED, GHEED grants the user the simple (non-exclusive), non-transferable and non-sublicensable right to use the website and/or the services for the purpose of participating in or organising giveaways or other games.
In particular, the licence granted does not include
- recording and/or using the website and/or the services of GHEED and/or the contents on the website and/or in the services for the user’s own purposes which go beyond the use of the website and/or the service to the extent permitted;
- downloading and/or copying account information for the benefit of unauthorised third parties, in particular rival companies of GHEED.
The user is expressly prohibited from copying the website – in whole or in part by copying photos, pictures, descriptions, graphics or designs – unless individual pages and/or sections of the website are downloaded, displayed, stored or printed exclusively for personal purposes (e.g. documentation/verification). The user is obliged to indicate the source by means of an easily understandable and legible, directly assigned and permanently attached notice.
If there are specific indications that a user culpably violates legal regulations, third-party rights, such as in particular name, copyright and trademark rights, or these Terms of Service, or if there is any other legitimate interest on the part of GHEED, in particular to protect other users from fraudulent or other illegal activities, GHEED shall be entitled to take one or more of the following actions:
- issuing a warning to the user;
- delaying activation or publication of the user’s account, account status, giveaway and/or other content;
- temporary blocking or permanent deletion of the user’s account, account status, giveaway and/or other content;
- restriction of the user’s use of the website and/or services;
- withdrawal of the prize.
When choosing an action, GHEED shall also take into account the legitimate interests of the user concerned, in particular whether there are indications that the user is not to blame for the infringement. Once a user has been permanently blocked, they shall have no claim to restoration of the blocked account. In such cases, new registration is not permitted.
If GHEED does not take any action with regard to a violation of these Terms of Service committed by the user, GHEED does not automatically waive the right to take action with regard to future or similar violations.
We would like to point out that at present the website and/or services are partly provided in their beta version. This is indicated by appropriate notices. This means that the website or services are then only available for use on a test basis, may not yet be completely set up or implemented, and may still be flawed.
GHEED reserves the right to extend, improve or otherwise change the services offered at any time, in particular if this serves technical progress and/or is appropriate to prevent practices of relevance under criminal law or misuse of the website or the services.
GHEED may use third parties (e.g. cooperation partners) at any time and to any extent for the provision of services.
Furthermore, we would like to point out that it is not possible to guarantee the uninterrupted availability and functionality of the services and/or giveaway and/or other games on the website. Giveaways or other games on the website or in the service may be terminated or removed due to external circumstances or constraints; in such cases, this shall not result in any claims against GHEED on the part of the user. This may include in particular technical disruptions, rule changes or decisions by operators of social networks.
Claims by the user for damages are excluded. This does not include claims by the user for damages arising from injury to life, limb, health or from the violation of essential contractual obligations (cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent breach of duty by GHEED or the parties used by GHEED to perform its obligations. Essential contractual obligations are those whose fulfilment make possible the correct execution of the contract in the first place and on compliance with which the business partner may regularly rely.
In the event of a violation of essential contractual obligations, GHEED shall only be liable for foreseeable damage typical of this type of contract, if said damage was caused by ordinary negligence, unless the user’s claims for damages are based on injury to life, limb or health.
GHEED’s liability under the German Product Liability Act and other mandatory liability regulations is not affected by the foregoing limitations and exclusions of liability.
The foregoing limitations and exclusions of liability apply to the same extent in favour of GHEED’s legal representatives, employees and other parties GHEED uses to perform its obligations.
The languages German and English are available to the user on the website. In principle, the contract language for legal transactions and contracts with GHEED is German. The website will also be displayed in English if the user makes the appropriate selection; however, this only affects the definition of the contract language if the user carries out the entire contract initiation and processing in English or has concluded an express agreement with GHEED, at least in text form, on the validity of a contract language other than German.
The legal relationships between the user and GHEED are subject exclusively to the law of the Federal Republic of Germany, excluding the UN Convention on the Sale of Goods. If the user acts as a consumer, this shall apply only to the extent that the choice of German law does not undermine the protection provided by mandatory regulations under the law of the state in which the consumer is ordinarily resident. A consumer is any natural person who enters into a legal transaction for purposes which are not predominantly attributable to their trade, business or professional activities.
If the user is a merchant or if the user has no general jurisdiction in the Federal Republic of Germany, then the place of jurisdiction for any disputes arising from the business relationship with GHEED shall, at the discretion of GHEED, either be Halle/Saale or where the user is registered. In such cases, however, Halle/Salle is the exclusive place of jurisdiction for claims asserted against GHEED. This does not affect mandatory statutory provisions about exclusive places of jurisdiction.
GHEED is neither required nor willing to participate in dispute settlement procedures before a consumer arbitration board within the meaning of the German Consumer Dispute Resolution Act (VSBG).
We provide technical support, which is available by email (firstname.lastname@example.org) during our business hours from Monday to Friday from 9am until 5pm (not on public holidays in Germany). Our staff will respond promptly to support requests.