Please read these terms and conditions carefully. They contain important information regarding the use of our platform.
These General Terms and Conditions (hereinafter referred to as "GTC") apply to the services provided by Get Media GmbH, Stormsweg 6a 22085 Hamburg, HRB176708, hereinafter referred to as "Get.me", in particular the platform (www.get.me and all subdomains) and related additional services. The GTC are applicable to all users, irrespective of whether they are acting in the context of a business activity or not and irrespective of whether a user account ("Account") is created or not.
2.1 "Get.me" is Get Media GmbH, Stormsweg 6a 22085 Hamburg, HRB176708.
2.2 "User" means any natural or legal person who accesses the Platform via a terminal device.
2.3 "Account" is the personal user account of a user who has completed the registration process.
2.4 "Registered User" means a User who has created an Account.
2.5 "Seller" is a Registered User who uses the Platform within the scope of a commercial or professional activity to sell Content to other Users for a fee.
2.6 "Platform" is the Get.me platform, which is accessible via the domain [Domain] and via which users interact with each other.
2.7 the "Agreement" is the relationship between the User and Get.me that determines under what conditions Get.me will provide the Service.
2.8 "the parties" are Get.me and the user.
2.9 "the Service" means the provision of the Platform and the mediation of agreements with other Users via this Platform.
2.10 "Content" means the content uploaded by Registered Users within the framework of the Platform, including images, sound and video material, livestreams, links, texts and other data material.
2.11 "Seller Agreement" means the agreement between the User and a Seller concluded via the Platform and relating to the activation of payable Content. Get.me is not a party to this agreement.
3.1 The use of the platform is not permitted for persons under 18 years of age or persons who are not of age according to the legal regulations applicable to them. By using the platform, the user guarantees that he or she is at least 18 years old or is of legal age according to the applicable legal regulations, if these require an age of more than 18 years.
3.2 The use of the Platform is not permitted for persons who have previously had an account on the Platform that has been blocked or deleted by Get.me. By using the platform, the user guarantees that he/she has never had an account that was blocked or deleted by Get.me.
3.3 Get.me will fulfil its obligations conscientiously and do everything economically reasonable to avoid restrictions in the usability of the platform, see also clause 5.
3.4 For his part, the User shall do everything necessary and reasonable to ensure the smooth running and operation of the platform and to contribute to the proper performance of the contract.
3.5 The user indemnifies Get.me from any claims that third parties may have against Get.me due to the violation of provisions of these GTC, in particular points 3.3 and 3.4.
3.6 If the User violates any of the provisions contained in clause 3, the User shall be liable to pay a fine of EUR 10,000 for each violation of the provisions, without prejudice to any claims of Get.me for damages or otherwise.
4.1 An account is not required to access the platform. The user can create an account in order to be able to use more functions on the platform, in particular to conclude a subscription and upload content. Via the account, the user is granted the possibility to view the contracts concluded via the platform and invoices for possible payments to Get.me as well as to other users.
4.2 By creating an account and the confirmation of this process by Get.me, the parties enter into an agreement that Get.me grants the User access to the Platform and the Service. These T&Cs are part of the agreement between the User and Get.me.
4.3 The Agreement shall continue until terminated in accordance with the provisions of these T&Cs. The User may terminate the Agreement at any time by deleting his Account, unless he is a Seller. For the termination of the Agreement by a Seller, see Part II of these GTC.
4.4 In order to create an account, the user must provide certain data. The user undertakes to answer the questions in the registration process truthfully. The User shall ensure that Get.me has at its disposal all data necessary for the fulfilment of its obligations and that these data are complete, up-to-date and correct.
4.5 During the registration process, the user enters an individual user name (username) and creates a password to protect the account (login data). The user undertakes to keep the login data safe and not to pass it on to third parties. If the user suspects that the data could have fallen into unauthorised hands, he/she shall inform Get.me immediately and take all necessary measures available to him/her to prevent misuse of the account.
4.6 Get.me reserves the right at any time during the registration process or after an account has been created to request an identity verification and to temporarily block the User's access to the Platform until the verification is completed at its discretion.
5.1 It is prohibited to use the Platform in a manner that violates applicable law or the Get.me Community Guidelines.
5.2 Regardless of whether the conduct is permitted by law, it is prohibited on the platform:
5.2.1 Distribute malware, or malicious software, or assist others in doing so,
5.2.2 send spam or other unsolicited communication,
5.2.3 Upload content that contains false or misleading information about public affairs,
5.2.4 Upload content that promotes human trafficking, violence or the exploitation of children,
5.2.5 Upload content that violates the privacy of third parties, e.g. by disclosing personal data,
5.2.6 harm Get.me's systems, the platform or other users,
5.2.7 Behaviour that violates netiquette or involves insults, racism, bullying, harassment, abuse, stalking or other harmful behaviour against other people.
5.3 The user is solely responsible for the content he uploads to the platform. Get.me nevertheless reserves the right to block content at its discretion or to remove it from the platform (by deletion), in particular if reports from users, third parties or a screening tool used by Get.me give rise to the suspicion that there might be a violation of these GTC, applicable law or the rights of third parties. The use of screening tools does not release the user from his responsibility for the content.
5.4 The User guarantees that he/she has all the rights, permissions, licences, etc. required for the use of the Content on the Platform and that the use of the Content on the Platform does not violate any legal prohibitions or the rights of third parties.
5.5 The User shall not use the Content of other Users for any purpose other than that for which it is intended and shall not export it from the Platform unless this is provided for within the scope of the functions of the Platform. In particular, the user shall not duplicate any content subject to payment and/or pass it on to unauthorised persons.
6.1 The Registered User can take out a subscription via a premium account subject to payment by selecting this option in the account management and paying the specified amount via one of the payment service providers available on the platform. The subscription fee is payable in advance for one month at a time. The functions are only activated once payment has been completed with the payment service provider.
6.2 With a premium account, the user has access to the following additional functions:
6.2.1 Creation and marketing of an unlimited number of exclusive Content Circles in connection with a reduced commission.
6.2.2 Creation and marketing of an unlimited amount of content on the user profile in connection with a reduced commission.
6.2.3 Integration of embed posts from popular social networks.
6.2.4 No Get.me branding in the profile and circle section.
6.2.5 Possibility to upload own videos independent of video length.
6.3 The user can change his subscription at any time at the end of the current payment period. If the user cancels the subscription, he will be informed when his access to the premium functions ends. If the payment for the next payment period is not made by the end of the current payment period, the subscription ends automatically.
6.4 The user can view the status of his account and the payments made within the framework of the account management.
7.1 Get.me guarantees a network availability ("connectivity") of the platform of 98% per calendar quarter. Excluded from the guaranteed availability are the downtimes and reduced availabilities described below. These shall be considered as proper service provision and shall not be counted as time affecting availability:
7.1.1 Planned, previously announced downtimes (especially for maintenance purposes) daily between 00:00 and 06:00 and on Sundays from 00:00 to 24:00;
7.1.2 downtimes for which Get.me is not responsible, in which the accessibility of the platform is impaired due to technical or other problems (e.g. force majeure, fault of third parties including DDoS attacks, etc.), insofar as Get.me was unable to prevent these even taking into account customary market standards.
7.2 Get.me may also restrict access to the platform and the services accessible via it outside the maintenance windows if the security of the platform operation, the maintenance of the network integrity, in particular the avoidance of serious disruptions of the network, the underlying software or stored data require this, without the user incurring any rights as a result.
8.1 Get.me reserves the right to transfer parts of its obligations to third parties.
8.2 The platform may contain products or services of third parties or refer to them. This assumes that the user has agreed to a corresponding integration. Get.me assumes neither responsibility nor liability of any kind for the accessibility or content of third parties.
Get.me is entitled to block the account of a registered user if there is a suspicion that he might have violated these terms and conditions. If the suspicion is confirmed at Get.me's discretion, the account can be deleted. A right of deletion exists in particular in the event of a violation of Part I, Sections 5 and 4.4 of these GTC.
11.1 Users who are sellers can declare their content or parts thereof as payable. In this case, the user must conclude an agreement with the seller in order to obtain access to the content (seller agreement). The seller agreement is based on the model agreement (Appendix 1 of these GTC).
11.2 Within the framework of the Seller Agreement, the User receives a licence which entitles him/her to access the corresponding Content. This licence is non-transferable, non-exclusive and does not entitle the user to grant sub-licences. It is limited according to the booking option. Access to the content is via the platform, unless the booked option results in a download authorisation.
11.3 The seller can offer the following booking options on his account:
11.3.1 Pay-per-view: the user pays a one-time amount and receives a licence for the one-time viewing of the specified content.
11.3.2 Pay-to-unlock: the user pays a one-off amount and receives a licence in return, with which he or she can access the content as long as it is available on the platform.
11.3.3 Subscription: the user pays a monthly fee of any amount and receives access to an area with exclusive content.
11.3.4 Tip: the user pays an arbitrary amount without receiving anything in return from the seller. Tipping is a function that allows users to support sellers outside of a transaction.
11.4 The payment of the amounts owed under the Seller Agreement (both payments by the User and repayments by the Seller) are processed by Get.me via a payment service provider available on the platform. There may be delays in the activation of the Content due to the operational procedures of Get.me and the payment service provider.
11.5 The conclusion of a Seller Agreement is accessible to Users and Registered Users. If the user does not have an account, receipts for the booked options and payments will be sent to the e-mail address provided during the booking process. Otherwise, the receipts can also be made available to him within the framework of the account.
This Part is applicable in addition to the general provisions if and to the extent that a User is a Seller. In the event of any conflict with Part I, this more specific Part II shall prevail.
2.1 In order to be able to use the functions of the platform intended for sellers, the user must request the activation of these functions by selecting this option in the account management and providing Get.me with all requested information. Get.me reserves the right to object to the activation at its discretion.
2.2 If the user requests the activation of the seller functions, he/she thereby confirms to Get.me that he/she is acting within the scope of a commercial or professional activity and is therefore not a consumer.
3.1 The Seller may terminate the Agreement at any time by deleting his Account.
3.2 Get.me may suspend the Seller's account at any time if it is suspected that the provisions of these GTC have been violated. If this suspicion is confirmed at Get.me's discretion, Get.me may terminate the agreement with immediate effect and delete the account.
3.3 Any outstanding payments will be processed after termination of the agreement, subject to other rights and provisions under these GTC.
4.1 Part of the seller functions on the platform is that the seller can declare his content or certain content as payable. The seller can select in the account management which booking options he would like to use on his account. For the available booking options, see point 11.3.
4.2 The seller can conclude an agreement with other users via the platform about the activation of this content (seller agreement, see Appendix 1). Get.me mediates these agreements according to the seller's specifications, which the seller can define in the account management. The content is activated in accordance with the Seller Agreement. Get.me merely mediates the conclusion of this seller agreement and is not a party itself.
5.1 Seller shall duly and promptly perform its obligations under the Seller Agreement.
5.2 Seller warrants that the Paid Content complies with the Seller Agreement. If a description of the Unlockable Content has previously been provided, Seller warrants that the description matches the actual content.
5.3 The Seller guarantees that it has all the rights, permissions, licences, etc. required for the use of the Content on the Platform and that the use of the Content on the Platform, within the framework of the agreement between the Seller and Get.me and within the framework of the Seller Agreement, does not violate any statutory prohibitions or the rights of third parties.
6.1 The Seller undertakes to indemnify Get.me against any claims that third parties may assert on the basis of the Seller's content. This includes in particular claims due to the violation of obligations of the seller from the seller agreement and these GTC, in particular Part II, point 5.
6.2 Get.me is not liable for loss of profit or other direct and indirect damages that are due to an interruption of the operation and thus a lack of accessibility of the platform, unless the interruption is due to intent or gross negligence on the part of Get.me. In any case, liability for damages caused by force majeure, in particular power failures, strikes, traffic obstructions, disruptions and failures of the Internet and telecommunications infrastructure, fault of third parties including DDoS attacks, fires, floods and other natural disasters is excluded.
6.3 Get.me is also not liable for damages, in particular lost profits, which are due to the fact that Get.me has made use of its right to block the Seller's account or certain contents in accordance with these GTC or that the accessibility was restricted in accordance with Part I Clause 6 of these GTC.
6.4 Get.me is not liable for impairments and damages to the intellectual property of the seller by other users or third parties.
6.5 Get.me's liability for claims of the Seller, including contractual and tortious claims, shall be limited to the total amount of the user fees paid under the contractual relationship between Get.me and the Seller, up to a maximum of EUR 5,000. The parties agree on a limitation period of 12 months, unless statutory provisions provide for a shorter limitation period, for all claims of the Seller against Get.me.
7.1 Get.me accepts payments made under the Seller Agreement and tips for the Seller via the payment service providers available on the Platform. The seller can see in the account management which payments have been made by users.
7.2 Get.me takes care of the processing of repayments to the User that the Seller owes, e.g. due to contestation, revocation or withdrawal from the Seller Agreement or due to the Seller Agreement. For this reason, the Seller owes Get.me the corresponding amounts. These amounts are due 14 days after a corresponding notification by Get.me and are to be settled via the payment service providers provided on the platform.
7.3 Unless otherwise agreed, Get.me shall pay the User Payments to the Seller at monthly intervals via the corresponding payment service provider, less a fee for the use of the platform. The amount of the usage fee depends on whether the Seller has a free account or has concluded a subscription:
7.3.1 Free subscription: 5% on one-time payments; 10% on subscriptions
7.3.2 Starter subscription: 3% on one-time payments; 8% on subscriptions
7.3.3 Free subscription: 1% on one-time payments; 5% on subscriptions
7.4 Get.me may temporarily refuse payment if
7.4.1 they suspect that the User Payments are related to illegal activity or a breach of these T&Cs or the Seller Agreement,
7.4.2 they suspect that the seller has violated these GTC or legal regulations and that Get.me could suffer damages as a result, or
7.4.3 they suspect that the Seller will not fulfil its obligations to settle the repayments under clause 7.2.
The right of retention shall continue until the presumption has been clarified to GetMe's satisfaction.
7.5 The payout is excluded if one of the above presumptions has proven to be true.
7.6 Get.me is entitled to offset any claims they may have against the seller against the payment amounts owed.
The Seller is obliged to comply with the tax regulations applicable to him. Get.me does not assume any responsibility for the tax processing of the transactions.
1 The agreement shall be governed by German law, unless other law is mandatorily applicable.
2 The place of jurisdiction is Hamburg, unless mandatory applicable law provides otherwise.
3 Should any part of these GTC be invalid, this shall not affect the validity of the remaining GTC or the agreement. In this case, the parties shall agree on a supplementary provision that comes as close as possible to the originally intended provision.
4 Get.me reserves the right to adjust these GTC, as well as the prices defined herein, if this has become necessary due to changes in the applicable law or economic circumstances. Users will be informed of such adjustments in good time. If the user uses the platform after the time at which the adjustments come into effect, this is deemed to be consent to the adjustments. If the user does not wish to agree to the adjustments, he may terminate the agreement.
5 Get.me reserves the right to transfer the rights and obligations established by these GTC in relation to the user to third parties.
1.1 These Terms apply to all interactions between Seller and User via the Get.me Platform. By the User selecting one of the booking options offered by the Seller on his account on the Platform, an agreement is concluded between the Seller and the User, which is subject to the provisions of this Model Agreement, to the exclusion of any other terms and conditions introduced by the Seller or the User .
1.2 The agreement shall remain in force until it is concluded in accordance with these provisions or terminated.
1.3 The Agreement is concluded exclusively between the Seller and the User. Get.me merely provides the platform through which the Seller and User interact with each other and is not itself a party to the Agreement. Get.me also acts as an intermediary in the processing of payments or repayments using a payment service provider. The rights and obligations between Get.me and the Seller and between Get.me and the User arise exclusively from the Get.me GTC, which can be found under XXX.
1.4 If there is any doubt regarding the terms used in this sample agreement, please refer to the explanations of terms in the Get.me General Terms and Conditions, which can be found under XXX.
2.1 The Seller and the User undertake at all times to comply with the Get.me Community Guidelines, as well as the Get.me GTC, in particular the provisions on permissible use of the platform contained in clause XX of the Get.me GTC.
2.2 The Seller warrants that it holds all rights necessary for the performance of the Agreement and that it is legally and factually possible for it to provide the User with the licence to view the Content. Unless there is an intentional or negligent breach of any provision of this Agreement, the User accesses the Content on its own responsibility.
2.3 Although the User may be entitled to access Content uploaded after the Option has been booked, the Seller is not obliged to upload new Content under a subscription or any other booking option.
2.4 It is forbidden for the user to pass on his access data to the platform to third parties. It is also prohibited to export the seller's content from the platform, to remove it from the platform, to alienate it or to use it for any other purpose. Excluded from this are the possibilities provided on the platform for interaction with the content, including any download possibilities within the individual booking options.
3.1 Within the framework of the Seller Agreement, the User receives a licence which entitles him/her to access the Seller's payable content. This licence is non-transferable, non-exclusive and does not entitle the user to grant sub-licences. It is limited according to the booking option.
3.2 The design of the licence depends on the option offered by the Seller and booked by the User:
3.2.1 Pay-per-view: the user pays a one-time amount and receives a licence for the one-time viewing of the specified content.
3.2.2 Pay-to-unlock: the user pays a one-off amount and receives a licence in return, with which he or she can access the content as long as it is available on the platform.
3.2.4 Tip: the user pays an arbitrary amount without receiving anything in return from the seller. Tipping is a function that allows users to support sellers outside of a transaction.
3.3 The scope and content of the content to which the user has access may change during the term of his licence. The Seller is free to delete content from his profile and upload new content.
3.4 In any case, the intellectual property rights remain with the Seller. The User only receives a licence which entitles him to access the Content within the framework of the Platform and in accordance with the Get.me Terms and Conditions. Access is provided via the Get.me platform and is therefore dependent on the accessibility of the platform. Access to the Content may be restricted due to downtime and other reasons.
3.5 If the user uses the option available on the platform to give the seller a tip, this does not trigger any obligations on the part of the seller. Tips are not refundable.
3.6 Regardless of the booked option, the User's licence expires if the User's account is blocked or deleted, if the Seller's account is blocked or deleted or if the Content is blocked or deleted by Get.me or by the Seller itself.
4.1 Unless otherwise stated, all prices on the platform are in euros and plus VAT and other charges. Unless otherwise stated, e.g. for subscriptions, all payments are one-off payments.
4.2 Payments are processed via the payment options offered on the Get.me platform through a payment service provider. Invoices and receipts for payments can be provided in electronic form.
4.3 The User shall only assert a refund request via the Platform if he has reasonable grounds to believe that he is entitled to a refund. The User undertakes to assert any refund claims via the Platform first.
The user loses his right of withdrawal in accordance with the statutory provisions if he expressly agrees to the contract being fulfilled before the end of the withdrawal period.
6.1 As soon as the User claims a refund via the Platform, Get.me will review this request and decide on the validity of the User's claim at its sole discretion. If the request is justified, Get.me will initiate the refund of the payment or part of the payment via the payment service provider.
6.2 The User may be entitled to a (partial) refund if
6.2.1 the seller deletes his account,
6.2.2 the seller deletes the specific content that the user has booked within the framework of a pay-per-view or pay-to-unlock booking option,
6.2.3 Get.me suspends or deletes the seller's account,
6.2.4 Get.me blocks or deletes the specific content that the user has booked as part of a pay-per-view or pay-to-unlock booking option,
and the user had not already made full or substantial use of the licence before the content was no longer accessible.
7.1 The agreement is governed by German law, unless other law is mandatorily applicable.
7.2 The place of jurisdiction is Hamburg, unless mandatory applicable law provides otherwise.
7.3 Should any part of this agreement be invalid, this shall not affect the validity of the remaining agreement. In this case, the Seller and the User shall agree on a supplementary provision that comes as close as possible to the originally intended provision.