General Terms and Conditions (AGB)
User Terms (Last updated: 01.03.2017)
What we offer:
partyguerilla.de offers all users the opportunity to apply with their private party for a product support. During such private events, partyguerilla will provide you with new or already known consumer goods free of charge. Your party will not be a promotional event – there will be no advertising campaigns of our clients in your apartment. You celebrate with your friends and partyguerilla provides you with the necessary products.
The condition is, that you apply with your party and are successfully selected.
partyguerilla wishes, that use adequately use the goods / products on your event and make them available to your guests. Of course, your friends have to be invited by you to your private event in advance.
What do you need to do?
What are the rules?
- Registration / application
Everyone who wants to use our services on our site www.partyguerilla.de, must register with their personal data and a chosen username. The minimum age for registration is 18 years old. So you must be of legal age.
The requested data for the registration must be accurate and complete, otherwise you and your party cannot be selected for a product support. All communication between you and us is via e-mail, the corresponding student brand manager will communicate with you via telephone. So please make sure that that your Email address and telephone number are up to date.
You have to apply to us, so that we can support your party with freeware.
Your application is non-binding, that is, if you are selected and have a confirmation, this is only a non-binding offer and is revocable by both the parties, that is, you can still refuse, but we can also revise the commitments made at any time.
Your application does not create any contractual relationship between you and us. The products that are provided to you by us may not be misused, distributed or sold elsewhere. The consumer goods are only for consumption at your party. We are not liable for any direct or indirect damages which may result from the use of the goods procured from us. You are solely responsible for organizing your party. You are and remain the party organizer.
§ 309 No. 7 BGB (German Civil Code): Our liability for compensation is – for whatever legal reason – limited to intent and gross negligence, including the intent and gross negligence of our representatives or vicarious agents. The liability for culpable injury to life, body or health remains unaffected; this also applies to the mandatory liability under the Product Liability Act, in case of malicious deception or the acceptance of a guarantee.
If you are selected with your party, you will receive a message from us. All details about the freeware and quantity as well as the delivery of goods will be then clarified between you and our brand influencer. Neither we nor the company providing the products are liable to you for conducting your party.
By accepting the freeware for your party, you agree that a brand influencer will be invited to your party and document your event on-site. Our brand influencer will check whether the data you have provided about the party is true and take pictures of your party. The handling of these pictures conforms to No. 3 (see below).
- Rights to images and contents
partyguerilla will create reports, pictures and/ or films in connection with parties and other events, also with third parties, who are present at parties. partyguerilla shall have an unrestricted and exclusive right to process, store, use and share it with party guerilla’s affiliates and clients in the context of reports or other business matters, and to grant such rights to the images.
By conducting a party, the host gives the right to party guerilla to publish these images for advertising and editorial purposes. We are not obligated to provide information about the use of the photos to depicted persons. The information obligation on the use of the images of party guests lies with the host according to the domiciliary rights.
partyguerilla assumes no liability for contents that have not been created by employees of party guerilla.
If pictures, films, texts or other contents are transferred to partyguerilla within the framework of the selection, organization, planning or execution or in any other context of facilitating the parties, party guerilla acquires an unrestricted and exclusive right to process, store, use and to share it with partyguerilla’s affiliates and clients in the context of reports or other business matters, and to grant such rights to the images.
- Set content on our site
As a part of the application process, you will be asked to submit contents. When setting content, you must comply with all laws and third-party rights. You may only make true and not misleading or falsifying statements. You are prohibited, in particular, to
- use abusive or defamatory content;
- use pornographic content or content against Youth Protection Law;
- use content which may degrade other persons or restrict their personal freedom in any other way;
- use copyrights, trademarks, patent rights, registered designs, utility models or other protected services/works of third parties.
We would like to point out to you more particularly, that you are not allowed to use any photographs that you do not have the right to use and/or own the copyrights and no photos or film recordings of persons who may be offended, slandered or otherwise degraded. If you are unsure, whether you are violating the rights of third parties by setting the contents, do not include such content. If third parties claim the contents set by you, the responsibility of the content lies with you. Party guerilla is exempted from these claims.
You are not allowed to advertise for any goods or any other offers of third parties with the contents set by you. If we find such content, these will be deleted immediately.
If you set contents on our site (texts, photos, films, etc.), you grant us with the setting a free, temporally and spatially unlimited, irrevocable and transferable right of use on each of the content you have posted on our site. We are entitled to keep these contents permanently on our site and to transfer them to the use in any way to third parties, in particular to the companies providing the freeware at our disposal.
We guarantee hereby that the content will only be used anonymously and will not be linked to your personal data. Used vs. published
We reserve the right to delete any content you have set up at any time without stating any reasons or without notice.
- Subject to the amendment of the Terms and Conditions
We reserve the right to change these terms and conditions, if necessary. In this case you receive the new Terms, which you have to agree if you want to use our page any longer.
If you are registered, we regular send newsletters with partyguerilla and related topics. So you receive information from us that could be interesting for you at your registered e-mail address. You declare that you agree that such newsletters can be sent to you as long as you are not telling us that you do not want to receive such newsletters any longer.
- The law of the Federal republic of Germany has validity.
- The place of jurisdiction for disputes arising from and in connection with this contract is the jurisdiction of Munich.
- Safeguarding clauses
- If and to the extent of any terms in this contract becomes invalid, the remaining contract is maintained. The shareholders are obliged to replace the invalid terms by such valid terms, which bring the desired economic success as far as possible. Sentence 1 and 2 shall also apply for potential gaps in the contract.
- Modifications and additions to this contract and in particular
subsidiary agreements require written form being effective
- Lottery rules
The current lottery is organized by the partyguerilla GmbH, Lindwurmstr. 97, D-80337 Munich, Germany. Participation is open to individuals over age 18. Employees of the partyguerilla GmbH and their relatives are excluded from participation.
Participation can only be done once.
The data collected in the lottery will be exclusively used by the partyguerilla GmbH for operation of the lottery and in particular to notify the winners and will not shared with third parties.
The winners will be determined under exclusion of ordinary legal proceedings. They will be notified by e-mail and will receive the gains promptly. Therefore a valid e-mail address is necessary to communicate with the winners. If not specified, we will forfeit the possibility of winning in favor of another participant.
The winners give their consent to the publication of their name through various communication channels of partyguerilla GmbH in connection with the lottery.
If the winner is determined by a photo raffle the winners pass the image rights to btl-creative. Furthermore these photos may also be passed to third parties.
The gains are not redeemable for cash and are not transferable. Each household can only win once.
This lottery is not affiliated with Facebook and is in no way sponsored, supported or organized by Facebook.
The recipient of the information provided by the user is not Facebook, but the partyguerilla GmbH. The provided Information will only be used to notify the winners as well as for delivering the gains.
Participation in the lottery is carried out by an approved sponsorship of a Champions League football evening by the partyguerilla GmbH.
All decisions are final.
The original version of the Terms is in German language. Any translated version is for Your convenience and information only. In case of disputes the German text shall prevail.