Terms of use for user-generated content (User Generated Content - UGC)

Captrain Deutschland GmbH ("Captrain") addresses users* of social media in order to obtain their permission to publish particularly positive content on their homepage, their social channels and in advertising material.

Captrain would like to use social media content ("user content") and, in order to do so, would like to obtain the user's consent.

By responding with the hashtag #captrainok, the user provides their consent that their social media content may be used. Furthermore, the user thereby agrees to these terms of use.

Captrain reserves the right to modify these Terms of Use without prior notice by posting modified Terms of Use on this website.

User Content License

By agreeing to these terms of use, the user grants Captrain a non-exclusive, perpetual, irrevocable, royalty-free, worldwide license to use the contribution within the framework of its social media channels (Facebook, Instagram, XING) as well as the homepage www.captrain.de and advertising materials, i.e. in particular to share, publish, reproduce, distribute and transmit.

The user grants Captrain the right to use his user name as well as the location with the contribution. Captrain is not forced to use the original image description, but reserves the right to do so. In the case of "reposting", i.e. the publication of the image material on Captrain's social media channels, the user is identified (e.g. in the form of a marker in the image description, as a marker in the image or by specifying your profile name).

By replying to Captrain’s comment to the post using the hashtag #captrainok, the user agrees, represents and warrants that:

1. He alone is responsible for the user content,
2. He owns all rights in and to its User Content and/or has obtained reasonable rights and permissions from any other person and/or entity that owns, regulates or otherwise claims rights in respect of such User Content,
3. He's at least 18 years old,
4. The licensed parties' use of the User Content as described herein does not violate any law, including, but not limited to, copyright, trademark, patent, trade secret, privacy, publicity, moral, proprietary or other rights of any third party, or any other law, rule or regulation; and
5. The User Content is not offensive, defamatory, obscene, pornographic, abusive, indecent, threatening, harassing, hateful, objectionable or otherwise unlawful.

The User Content uploaded by the User shall be treated as non-confidential and Captrain shall not be obliged to maintain the confidentiality of any information of any kind whatsoever, except such information that is considered confidential under Captrain's Privacy Policy.

Captrain reserves the right to delete the contribution from the social media site and to remove the Captrain property.

Other

These Terms of Use are exclusively personal and may only be transferred with Captrain's prior written consent; any act or conduct that violates the foregoing shall be null and void.

Failure by Captrain to exercise or enforce any right or remedy contained in these Terms of Use (or available by any other applicable law) shall not be construed as a formal waiver of Captrain's rights. These rights or remedies remain available to Captrain.

If a court with jurisdiction over the matter declares a clause contained in the Terms of Use invalid, this clause will be removed without affecting the remaining Terms of Use. These remain valid and enforceable.

* For reasons of easier readability, the masculine form is used in these Terms of Use. This should not result in any disadvantage to the feminine gender, but should be understood as gender-neutral in the sense of linguistic simplification.

Last updated: 28 November 2019