Terms of Use

Preamble

PBS Network (hereinafter "PBS") operates the electronic information and order system enchase (legacy product name: enchase), which allows the exchange of electronic data between manufacturers in the office-supplies industry (hereinafter "Suppliers") and the specialised trade (hereinafter "Media Users") in this industry. In addition to the exchange of order information, the platform includes the provision of digital information protected by copyright. PBS holds this information — in particular photographs of products and/or persons, graphic representations, presentations, product information, logos, videos and texts (collectively referred to as "media data") — on the media-data platform on behalf of the suppliers.

Scope of application, range of services

1.1. These Terms of Use govern the rights of media users to the media data made available on the media-data platform by the suppliers.

1.2. These Terms of Use for media data become part of the contract between PBS and the media user by incorporating the General Terms and Conditions of PBS.

1.3. In order to use the media-data platform, the user must register. The details of registration and activation are regulated in §3.

1.4. Registration and use of the media-data platform are free of charge for the media user. PBS reserves the right to supplement and/or limit the services provided on the media-data platform and to offer individual services only for a fee. PBS will inform the media user about the introduction of chargeable services in good time.

Scope of services, availability

2.1. Media data is made available to media users via the platform after release by the supplier.

2.2. Media users can obtain the media data through: download portal; push in XML format (paid premium service); distribution to merchandise-management systems (premium service subject to charge); data carrier (DVD; premium service subject to charge); or a customised interface (chargeable project plus premium service).

2.3. The file format is defined via the media-data standard.

2.4. The media user has no claim to the provision of specific content. PBS may close the platform at any time without giving reasons — in particular to carry out maintenance or technical changes.

2.5. PBS endeavours to make the platform available with as few interruptions as possible. There is no entitlement to uninterrupted use. Temporary restrictions or interruptions may also occur due to technical faults.

Registration and activation

3.1. To register, the media user (or, in the case of media agencies, their client) must have a business relationship with one or more suppliers. Multiple registrations are not permitted. Existing enchase online / enchase mail / enchase direct customers may also apply.

3.2. When registering, the media user enters company data, and creates at least one user account per authorised employee. A unique email address (as username), first name, surname and telephone number of a responsible contact must be provided. Further personal data may be entered.

3.3. By sending the registration data, the media user submits an offer to PBS to conclude a user relationship under these Terms of Use. PBS decides on acceptance at its own discretion. If registration is not confirmed within a reasonable period (usually 10 working days), the media user is no longer bound by their offer.

3.4. On receipt of the email confirmation and activation, the user relationship is established and PBS sends the customer number and access data. The user is then authorised to use the platform within the scope of these Terms of Use.

3.5. Access to a supplier's media data is granted by the respective supplier, not automatically by platform activation. The media user is not entitled to data release.

Access, blocking, termination

§4 Responsibility for the access data. The media user must keep their access data — including the password — secret and not make it accessible to unauthorised third parties. The media user must inform PBS immediately if unauthorised access is suspected. The media user is fully responsible for any use of the platform carried out under their credentials.

§5 Blocking of access. Access may be blocked temporarily or permanently — in whole or in part — at PBS's discretion if there are concrete indications of violations of these Terms of Use or applicable law, or if PBS has another legitimate interest (in particular repeated violation or misuse). The media user's justified interests are taken into account.

§6 Termination of use. Both PBS and the media user may terminate the user relationship at any time without notice. Termination must be in text form (email is sufficient).

Rights of use

7.1. The media user receives a simple, non-exclusive right of use to the media data, limited to the time of the contractual relationship. The right of use covers reproduction, distribution and display in the context of the media user's own business operations — typically for promotional and product-information purposes connected to the suppliers' products.

7.2. The right of use does not extend to onward licensing, modification, or use in connection with products from third parties not contractually linked to the supplier.

7.3. If the media user is an advertising agency, the media user is authorised to use the media data only in projects on behalf of clients that themselves have a contractual relationship with the relevant supplier.

Remuneration; responsibility & liability

§8 Remuneration. The current enchase/enchase price information applies for chargeable services. Basic use of the media-data platform remains free of charge for the media user.

§9 Responsibility, liability. PBS is liable in accordance with statutory provisions for damages arising from injury to life, body or health caused by intentional or negligent breach of duty by PBS, its legal representatives or vicarious agents. For other damages, PBS is liable only in cases of intent and gross negligence, and for the breach of essential contractual obligations (cardinal obligations). The liability for cardinal-obligation breaches is limited to foreseeable, contract-typical damage.

Amendments; final provisions

§10 Amendment of these Terms of Use. PBS reserves the right to amend these Terms of Use. Amendments will be communicated to the media user with reasonable notice. If the media user does not object within the notice period, the amended Terms of Use become effective.

§11 Final provisions. German law applies, excluding the UN Convention on Contracts for the International Sale of Goods. Place of jurisdiction for disputes is Stuttgart, where permissible by law. Should any provision of these Terms be invalid, the remaining provisions remain unaffected.