Z Account General Terms of Use

  1. These General Terms of Use (hereinafter referred to as: "Terms of Use") apply to the use of Z Account. Z Account is a registration platform (hereinafter: "Z Account") of Zeppelin GmbH that makes it possible for you to quickly and easily register with your Z Account on various third-party platforms (both apps and websites) that offer registration via Z Account without needing to register on the respective third-party platform (hereinafter: "Third-party Platform").
  2. The operator of Z Account is Zeppelin GmbH, Graf-Zeppelin-Platz 1, 85748 Garching bei München (hereinafter: "Zeppelin").
  3. The services shall be provided based solely on these Terms of Use. The Terms of Use shall therefore also apply to all future business relationships, even if they are not explicitly agreed to again. The inclusion of a user's general terms and conditions that contradict Zeppelin's Terms of Use shall now be expressly excluded.
  4. You can access and print the currently valid Terms of Use on the website: account.zeppelin.com

§ 1 Subject matter

  1. These Terms of Use regulate the access and use of Z account by the user.
  2. These Terms of Use do not regulate the relationships between users and the providers of Third-party Platforms. If the user registers via Z Account on a Third-party Platform offered by Zeppelin, the contractual terms agreed on separately between the user and Zeppelin for the use of the Third-party Platform shall also apply to the use of the Third-party Platform.

§ 2 Registration

  1. Prior registration is required to use Z account. You do not need to register if you only visit our platform.
  2. Adult legally competent natural and legal persons as well as partnerships may register, no matter whether they act for the purpose of a commercial activity or as a consumer.
  3. Creating a user account is required for registration. This consists of your name, an email address, and a password that can be changed by you personally and at any time ("login data"). Additional contact and – if available – company data should be entered in order to be able to use all the functions of the portal.
  4. You are obligated to handle login data with care. You are prohibited from sharing your login data with third parties and/or enabling third parties to access the profile by circumventing the login data.
  5. Creating a user account is only possible by providing a current email address. At the same time, this email address is used to communicate with Zeppelin.
  6. The email address ensures that the data used when registering is correct and complete and keeps the data updated and correct.
  7. Upon request by Zeppelin, you are obligated to submit additional information and verification.

§ 3 Your obligations: Posting content

  1. In accordance with the provision of German copyright law and the German Art Copyright Act (KUG), users and providers undertake to obtain the necessary consents of the persons affected (in particular, authors, photographers, persons depicted) before posting texts and images.
  2. You shall release Zeppelin from all rights and claims that third parties or government authorities assert against Zeppelin due to an infringement of rights committed by them. You shall assume all costs (including attorney fees) that are incurred by Zeppelin (judicially or extrajudicially) due to legal action by third parties. All additional rights as well as claims for damages by Zeppelin remain unaffected.
  3. Zeppelin shall be entitled to remove improper content at any time from the platform.
  4. Zeppelin shall furthermore be at liberty to technically edit and adapt content posted by you so that it can also be reproduced on mobile receivers or in software application (apps).

§ 4 Rights of use

  1. With the posting of their content into the profile, users and providers shall agree that the posted content is used on- and offline by Zeppelin for an indefinite period of time on the platform and / or in advertising materials.
  2. For the duration of the contractual relationship for the use of the platform, you shall grant Zeppelin a right of use to the posted content that is simple, without any territorial restriction, irrevocable, transferable to third parties, sublicensable, free of charge, and unrestricted.
  3. Users and providers are entitled to object to the use in particular cases for cause.
  4. Z Account as well as all other brands used by Z Account on the platform including the associated logos are brands of Zeppelin GmbH. The brands of Z Account may not be used without the express written consent of Z Account in conjunction with any products or services that are not part of Z Account and in particular are not used outside of the platform.

§ 5 Z Lab's obligations

  1. There is no claim to maintain individual functionalities of the portal. The type of design of Z Account will be uniformly determined by Zeppelin at its own discretion.
  2. Zeppelin shall make every effort to operate Z Account trouble-free. This shall be limited of course to services over which Zeppelin has an influence.
  3. Zeppelin is at liberty to partially, temporarily, or permanently restrict access to the portal due to maintenance work, capacity concerns, and other events that are beyond its control.

§ 6 Data protection

  1. The use of Z Account requires the mandatory collection, processing, and use of personal data by Zeppelin. Zeppelin shall handle all stored data in accordance with the applicable data protection laws and if and where necessary to process and use it solely within a declaration of consent under the German Data Protection Act. Further processing and use of personal data shall be made by Zeppelin only insofar as it is legally permissible.
  2. The type and extent of data use as well as the transfer to third parties within the context of a registration on third-party platforms is disclosed in greater detail in a data protection statement, which will be permanently kept ready to access on the internet in an updated version at [account.zeppelin.com].

§ 7 Liability

  1. Unlimited liability: Zeppelin shall assume unlimited liability in the case of gross negligence and willful intent as well as pursuant to the German Product Liability Act. In the case of ordinary negligence, Zeppelin shall be liable for damages arising from injury to life, limb or health.
  2. The following limited liability shall apply in all other cases: In the case of ordinary negligence, Zeppelin shall only be liable in the event of an essential contract obligation that must be fulfilled to enable proper performance of the contract and on whose compliance the user can normally rely ("cardinal obligation"). Liability for ordinary negligence is limited in amount to the damages that were foreseeable on conclusion of the contract and that typically occur in such cases. This limitation of liability also applies to Zeppelin's vicarious agents.
  3. Z Account includes links to Third-party Platforms, for whose content no liability is accepted. These Third-party Platforms are subject to the liability of the respective operators.

§ 8 Termination

Z Account can be terminated by the user at any time without giving prior notice.

§ 9 Temporary deactivation and blocking

  1. In the event that you are in breach of these Terms of Use or if there is a suspicion that you are in breach of statutory provisions or the rights of third parties, Zeppelin reserves the right to block individual services and user profiles and/or temporarily or permanently block access to Z Account, in particular because of
    • False information during registration,
    • Unauthorized transfer of access data, in particular thepassword, and/or
    • Misuse of the platformand/or terminate the user agreement immediately and with cause.
  2. In the event of a permanent or temporary deactivation or blocking, Zeppelin shall notify the respective user or provider. In such a case, the user shall not be allowed to register again without the prior express consent of Zeppelin.

§ 10 Final provisions

  1. Zeppelin has the right to change or add to these Terms of Use at any time insofar as it is deemed reasonable for you. This will be announced by written notification (e.g., email) within a period of at least 28 days prior to the time of the change. If you do not object to the change, you shall agree to the change.
  2. All changes or additions to these Terms of Use must be made in writing (§126b German Civil Code (BGB)). This shall also apply to changes to this written form requirement.
  3. The contractual language is exclusively German.
  4. The contents of the user agreement between Zeppelin and you will be stored by Zeppelin and can, however, no longer be accessed online at a later time.
  5. Note in accordance with § 36 German Consumer's Settlement Act (VSBG): We are not obligated to take part in a dispute resolution proceeding before a consumer arbitration body within the terms of the VSBG and will also not voluntarily take part in such a proceeding. You can access the internet platform of the EU Commission on Online Settlement of Disputes at the following link: http://ec.europa.eu/consumers/odr/
  6. German law shall apply exclusively to this agreement to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
  7. If you are a business person or legal entity under public law, Munich is the place of jurisdiction for all disputes arising from or in connection with contracts between Zeppelin and you.

As of: January 2020