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تواصل مع مارميديا ​​للحصول على أفضل خدمات التسويق الرقمي وإنتاج الفيديو الاستثنائية المصممة خصيصًا لتلبية احتياجات عملك وأهدافك.

دسلدورف

Peter-Müller-Straße 3

40468 Düsseldorf

Hours

8 AM - 4 PM

مكاتبنا

دبي

Cluster O , office No 323 Jumeirah Lake Towers ,Dubai ,UAE

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Data Protection



Liability Committee


Liability for contents
The contents of our pages were created with the greatest care. However, we cannot guarantee that the contents are correct, complete and up-to-date. As a service provider, we are responsible for our own content on these pages in accordance with § 7 para.1 TMG (German Telemedia Act) and general laws. According to §§ 8 to 10 TMG we are not obliged to monitor transmitted or stored information from third parties or to investigate circumstances that indicate illegal activity. Obligations to remove or block the use of information according to general laws remain unaffected by this. However, liability in this respect is only possible from the time of knowledge of a concrete infringement. If we become aware of any such legal infringements, we will remove the content in question immediately.

Liability for links
Our offer contains links to external websites of third parties, on whose contents we have no influence. Therefore we cannot assume any liability for these external contents. The respective provider or operator of the sites is always responsible for the contents of the linked sites. The linked pages were checked for possible legal violations at the time of linking. Illegal contents were not identified at the time of linking. However, a permanent control of the contents of the linked pages is not reasonable without concrete evidence of a violation of the law. If we become aware of any infringements, we will remove such links immediately.

Copyright
The contents and works on these pages created by the site operators are subject to German copyright law. The reproduction, editing, distribution and any kind of use outside the limits of copyright law require the written consent of the respective author or creator. Downloads and copies of these pages are only permitted for private, non-commercial use. Insofar as the content on this site was not created by the operator, the copyrights of third parties are observed. In particular, third-party content is identified as such. Should you nevertheless become aware of a copyright infringement, please inform us accordingly. If we become aware of any infringements, we will remove such contents immediately.

Data protection


The use of our website is generally possible without providing personal data (name, date of birth, IP, address, …). As far as personal data (e.g. name, address or e-mail addresses) is collected on our website, this is always done on a voluntary basis, as far as possible. This data will not be passed on to third parties without your express consent.
Other data is automatically collected by our IT systems when you visit the website. These are mainly technical data (e.g. internet browser, operating system or time of page call), which do not establish any personal reference. This data is automatically collected as soon as you enter our website.
We would like to point out that data transmission over the Internet (e.g. communication by e-mail) can have security gaps. A complete protection of data against access by third parties is not possible.

Why is data collected?
Part of the data is collected to ensure that the website is provided without errors. It is used for the trouble-free use of the contents of the site . Other data is used to analyse user behaviour. This knowledge enables us to constantly adapt and improve the website experience.

Right to information, deletion or correction
You have the right to receive information free of charge at any time about your stored personal data, its origin and recipients and the purpose of data processing, as well as the right to correct, block or delete this data. For this purpose, as well as for further questions regarding personal data, you can contact us at any time at the address given in the imprint.

Objection to the dispatch of advertising material
The use of contact data published within the framework of the imprint obligation by third parties for sending advertising and information material not expressly requested is hereby expressly prohibited. The operators of the pages expressly reserve the right to take legal action in the event of the unsolicited sending of advertising information, for example through spam mails.

General notes and duty to inform


The MarMedia takes the protection of your personal data very seriously. We treat your personal data confidentially and according to the legal data protection regulations as well as this privacy policy.

Cookies

The Internet pages partly use so-called cookies. Cookies do not damage your computer and do not contain viruses. Cookies serve to make our offer more user-friendly, more effective and safer. Cookies are small text files that are stored on your computer and saved by your browser.
Most of the cookies we use are so-called “session cookies”. They are automatically deleted at the end of your visit. Other cookies remain stored on your end device until you delete them. These cookies enable us to recognize your browser the next time you visit us.
You can set your browser to inform you about the setting of cookies and to allow cookies only in individual cases, to exclude the acceptance of cookies for certain cases or in general, and to activate the automatic deletion of cookies when closing the browser. If you deactivate cookies, the functionality of this website may be limited.

Matomo (formerly Piwik)

On our website, data is collected and stored after your consent using the web analysis service software Matomo (www.matomo.org), a service of the provider InnoCraft Ltd, 150 Willis St, 6011 Wellington, New Zealand, (“Matomo”) based on our legitimate interest in the statistical analysis of user behavior for optimization and marketing purposes pursuant to Art. 6 (1) lit. f DSGVO. Pseudonymized user profiles can be created and evaluated from this data for the same purpose. Cookies can be used for this purpose. Cookies are small text files that are stored locally in the cache of the site visitor’s Internet browser. Among other things, the cookies enable the recognition of the Internet browser. The data collected using Matomo technology (including your pseudonymized IP address) is processed on our servers.
The information generated by the cookie in the pseudonymous user profile is not used to personally identify the visitor to this website and is not merged with personal data about the bearer of the pseudonym.
If you do not agree with the storage and evaluation of this data from your visit, then you can object to the storage and use for the future at any time by mouse click. In this case, a so-called opt-out cookie will be stored in your browser, with the consequence that Matomo will not collect any session data. Please note that the complete deletion of your cookies will result in the opt-out cookie also being deleted and you may have to reactivate it.
As far as legally required, we have obtained your consent pursuant to Art. 6 (1) lit. a DSGVO for the processing of your data as outlined above. You can revoke your consent at any time with effect for the future. To exercise your revocation, deactivate this service in the “Cookie Consent Tool” provided on the website.

Server log files


The provider of the pages automatically collects and stores information in so-called server log files, which your browser automatically transmits to us. These are:

Browser type and version
Operating system used
Referrer URL
Host name of the accessing computer
Time of the server request

These data cannot be assigned to specific persons. A consolidation of this data with other data sources is not carried out. We reserve the right to check this data subsequently if we become aware of concrete indications of illegal use.

Contact form
If you send us enquiries via the contact form, your details from the enquiry form, including the contact data you provide there, will be stored by us for the purpose of processing the enquiry and in the event of follow-up questions. We will not pass on this data without your consent.

Information, deletion, blocking
If you send us enquiries via the contact form, your details from the enquiry form, including the contact data you provide there, will be stored by us for the purpose of processing the enquiry and in the event of follow-up questions. We will not pass on this data without your consent.


Analysis tools


Google Universal Analytics

On our website, we use Google (Universal) Analytics, a web analytics service provided by Google Ireland Limited, Gordon House, 4 Barrow St, Dublin, D04 E5W5, Ireland (“Google”), with your consent. Google (Universal) Analytics uses “cookies”, which are text files placed on your computer, to help the website analyze how users use the site. The information generated by the cookie about your use of the website (including your IP address) will be transmitted to and stored by Google on servers in the United States.
This website uses Google (Universal) Analytics exclusively with the extension “_anonymizeIp()”, which ensures an anonymization of the IP address by shortening and excludes a direct personal reference. Through the extension, your IP address is shortened beforehand by Google within member states of the European Union or in other contracting states of the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be transmitted to a Google LLC.server in the USA and shortened there. On our behalf, Google will use this information for the purpose of evaluating your use of the website, compiling reports on website activity and providing other services relating to website activity and internet usage. In this context, the IP address transmitted by your browser as part of Google (Universal) Analytics will not be merged with other Google data.
All processing described above, in particular the setting of Google Analytics cookies for reading out information on the end device used, will only be carried out if you have given us your express consent to do so in accordance with Art. 6 (1) lit. a DSGVO. Without this consent, Google Analytics will not be used during your visit to the site.
You can revoke your consent at any time with effect for the future. To exercise your revocation, please deactivate this service in the “Cookie Consent Tool” provided on the website. We have concluded an order processing agreement with Google for the use of Google Analytics, which obliges Google to protect the data of our site visitors and not to pass it on to third parties.
For the transfer of data from the EU to the USA, Google refers to so-called standard data protection clauses of the European Commission, which are intended to ensure compliance with the European level of data protection in the USA.
Further information on Google (Universal) Analytics can be found here: https://policies.google.com/privacy?hl=de&gl=de

Google Analytics (GA4)

This website uses Google Analytics 4, a service provided by Google Ireland Limited, Gordon House, 4 Barrow St, Dublin, D04 E5W5, Ireland (“Google”), which can be used to analyze the use of websites.
When using Google Analytics 4, so-called “cookies” are used as standard. Cookies are text files that are stored on your terminal device and enable an analysis of your use of a website. The information collected by cookies about your use of the website (including the IP address transmitted by your terminal device, shortened by the last digits, see below) is usually transmitted to a Google server and stored and processed there. This may also result in the transmission of information to the servers of Google LLC, a company based in the USA, where the information is further processed.
When using Google Analytics 4, the IP address transmitted by your terminal device when you use the website is always collected and processed by default and automatically only in an anonymized manner, so that a direct personal reference of the collected information is excluded. This automatic anonymization is carried out by shortening the IP address transmitted by your terminal device by Google within member states of the European Union (EU) or other contracting states of the Agreement on the European Economic Area (EEA) by the last digits.
On our behalf, Google uses this and other information to evaluate your use of the website, to compile reports (reports) on your website activities or your usage behavior and to provide us with further services related to your website usage and internet usage. In this context, the IP address transmitted and shortened by your terminal device within the scope of Google Analytics 4 will not be merged with other data from Google. The data collected in the context of the use of Google Analytics 4 will be stored for 2 months and then deleted.

Google Analytics 4 also enables the creation of statistics with statements about the age, gender and interests of website users on the basis of an evaluation of interest-based advertising and with the involvement of third-party information via a special function known as “demographic characteristics”. This makes it possible to determine and distinguish user groups of the website for the purpose of targeting marketing measures. However, data collected via the “demographic characteristics” cannot be assigned to a specific person and thus not to you personally. This data collected via the “demographic characteristics” function is retained for two months and then deleted.
All processing described above, in particular the setting of Google Analytics cookies for the storage and reading of information on the terminal device used by you to use the website, will only take place if you have given us your express consent for this in accordance with Art. 6 (1) a DSGVO. Without your consent, Google Analytics 4 will not be used during your use of the website. You can revoke your consent once given at any time with effect for the future. To exercise your revocation, please deactivate this service via the “Cookie Consent Tool” provided on the website.

In connection with this website, the Google Signals service is also used as an extension of Google Analytics 4. With Google Signals, we can have Google create cross-device reports (so-called “cross-device tracking”). If you have activated “personalized ads” in your Google account settings and linked your Internet-enabled end devices to your Google account, Google can analyze usage behavior across devices and create database models based on this if you have given your consent to the use of Google Analytics 4 in accordance with Art. 6 (1) a DSGVO. The logins and device types of all website users who were logged into a Google account and executed a conversion are taken into account. The data shows, among other things, on which device you clicked on an ad for the first time and on which device the relevant conversion took place. We do not receive any personal data from Google in this regard, but only statistics compiled on the basis of Google Signals. You have the option of deactivating the “personalized ads” function in the settings of your Google account and thus turning off the cross-device analysis in connection with Google Signals. To do this, follow the instructions on this page: https://support.google.com/ads/answer/2662922?hl=de.
You
can find more information about Google Signals at the following link: https://support.google.com/analytics/answer/7532985?hl=de
We
have concluded a so-called order processing agreement with Google for our use of Google Analytics 4, which obliges Google to protect the data of our website users and not to pass it on to third parties.
To ensure compliance with the European level of data protection, even in the event of any transfer of data from the EU or EEA to the USA and possible further processing there, Google refers to the so-called standard contractual clauses of the European Commission, which we have contractually agreed with Google.
Further legal information on Google Analytics 4, including a copy of the aforementioned standard contractual clauses, can be found at the following link: https://policies.google.com/privacy?hl=de&gl=de
Details
on the processing triggered by Google Analytics 4 and Google’s handling of data from websites can be found here: https://policies.google.com/technologies/partner-sites

For the purpose of demand-oriented design and ongoing optimization of our pages, we use Google Analytics, a web analytics service provided by Google Ireland Limited (registered office at Gordon House, Barrow Street, Dublin 4, Ireland; hereinafter “Google”). In this context, pseudonymized usage profiles are created and cookies (see under section 3) are used. The information generated by the cookie about your use of this website such as:

  • Browser type/version,

  • operating system used,

  • Referrer URL (the previously visited page),

  • Host name of the accessing computer (IP address),

  • time of the server request,


are transmitted to a Google server in the USA and stored there. The information is used to evaluate the use of the website, to compile reports on website activity and to provide other services related to website and Internet use for the purposes of market research and demand-oriented design of these Internet pages. This information may also be transferred to third parties if this is required by law or if third parties process this data on behalf of Google. Google states that in no case will your IP address be merged with other data from Google.

Protection of your personal data
We use Google Analytics only with activated IP anonymization (“_ananymizeIp()”. This means that the IP address of the user is shortened by Google within member states of the European Union or in other contracting states of the Agreement on the European Economic Area in such a way that a personal reference no longer exists. Only in exceptional cases is the full IP address transmitted to a Google server in the USA and shortened there.

The processing of your personal data by Google Analytics, in particular the transfer of your data to the USA, will only take place if you have given us your express consent to this via the cookie banner in accordance with Art. 49 (1) p. 1 lit. a) DSGVO. We would like to point out that according to the case law of the ECJ, there is currently no level of data protection in the USA that is comparable to the EU standard. Thus, there is a risk that your data will be processed by authorities for control and monitoring purposes after transfer to the USA, contrary to the provisions of the GDPR, without you being entitled to any legal protection.


Browser add on and opposition to data collection
In addition, you can prevent the collection of data generated by the cookie and related to your use of the website (including your IP address) and the processing of this data by Google by downloading and installing a browser add-on. As an alternative to the browser add-on, especially for browsers on mobile devices, you can also prevent the collection by Google Analytics by clicking https://tools.google.com/dlpage/gaoptout. An opt-out cookie will be set that prevents the future collection of your data when visiting this website. The opt-out cookie is only valid in this browser and only for our website and is stored on your device. If you delete the cookies in this browser, you must set the opt-out cookie again.

Further information on data protection in connection with Google Analytics can be found in the Google Analytics Help
We have concluded an order data processing contract with Google and fully implement the strict requirements of the German data protection authorities when using Google Analytics.


Demographic characteristics at Google Analytics
This website uses the “demographic features” function of Google Analytics. This allows reports to be generated that contain information about the age, gender and interests of the site visitors. This data comes from interest-based advertising by Google as well as from visitor data from third parties. This data cannot be attributed to any specific person. You can disable this feature at any time by changing the ad settings in your Google Account, or generally prohibit Google Analytics from collecting your information as described in the “Opting out of data collection” section.


Google Ads
This website uses Google Ads. Ads is an online advertising program of Google Inc, 1600 Amphitheatre Parkway, Mountain View, CA 94043, United States (“Google”).
As an Ads customer, we also use Google Conversion Tracking, an analysis service of Google Inc. in which Google Ads sets a cookie on your computer (“conversion cookie”), if you have reached our website via a Google ad. These cookies lose their validity after 30 days and are not used for personal identification. If you visit certain pages of our website and the cookie has not expired, we and Google can recognize that someone has clicked on the ad and thus been redirected to our site. Each ad customer receives a different cookie. As a result, cookies cannot be tracked through the web pages of ads customers. The information collected through the conversion cookie is used to compile conversion statistics for ad customers who have opted in to conversion tracking. The ad customers will know the total number of users who clicked on their ad and were directed to a page with a conversion tracking tag. However, they do not receive information that personally identifies users. If you do not wish to participate in the tracking process, you can refuse to accept cookies – for example, by changing your browser setting to disable automatic cookies. You can also disable cookies for conversion tracking by setting your browser to block cookies from the “googleadservices.com” domain. Google’s privacy policy on conversion tracking can be found at https://services.google.com/sitestats/de.html.


Use of remarketing or “similar target groups” function of Google Inc.
We use the remarketing technology of Google Inc. (1600 Amphitheatre Parkway, Mountain View, CA 94043, USA; “Google”). This technology allows us to target users who have already visited our websites and online services and who have expressed interest in the offer, by means of targeted advertising on the pages of the Google Partner Network. The display of the advertising is achieved by the use of cookies, which are small text files that are stored on the user’s computer. The text files can be used to analyze user behavior when visiting the website and then used for targeted product recommendations and interest-based advertising.
If you have given your consent, Google will link your web and app browsing history to your Google Account for this purpose. In this way, the same personalized advertising messages can be delivered to any device you sign in with your Google Account.
If you do not want to receive interest-based advertising, you can opt out of Google’s use of cookies for these purposes by visiting https://adssettings.google.de/authenticated.
Alternatively
, users can disable the use of third-party cookies by visiting the Network Advertising Initiative’s disable page.
By using our services, you agree to the processing of the data collected about you by Google in the manner described here and for the aforementioned purpose. We would like to point out that Google has its own data protection guidelines which are independent of ours. We assume no responsibility or liability for these guidelines and procedures. You can find more information and the privacy policy in Google’s privacy policy at https://www.google.com/policies/technologies/ads/.


Privacy policy for the use of Hotjar
Hotjar is integrated on our website (http://www.hotjar.com, 3 Lyons Range, 20 Bisazza Street, Sliema SLM 1640, Malta, Europe). Hotjar enables us to record and evaluate user behaviour (e.g. mouse movements, clicks, scroll height) on our website. For this purpose, Hotjar sets cookies on users’ end devices and can anonymously store user data, e.g. browser information, operating system, and length of stay on the site. You can prevent data processing by Hotjar by deactivating the use of cookies in your browser settings and deleting cookies that are already active. You can also prevent the collection and processing of this data by activating Hotjar Opt Out at the following link https://www.hotjar.com/opt-out.
To
learn more about Hotjar’s data processing practices, please click on the following link: https://www.hotjar.com/privacy


Protection of your personal data
On this website IP-anonymisation has been activated for Google Analytics to protect your personal data. If IP anonymisation is activated, your IP address will be shortened by Google within member states of the European Union or in other signatory states to the Agreement on the European Economic Area before it is transmitted to a server. Only in exceptional cases will the full IP address be transferred to a Google server in the USA and shortened there. The IP address transmitted by your browser within the framework of Google Analytics is not merged with other data from Google.

Should we have access to further personal data of our website users, we will not merge this with website tracking data or other non-personal data.

Social media

Privacy policy for the use of Facebook plugins
Our pages integrate plugins from the social network Facebook, 1601 South California Avenue, Palo Alto, CA 94304, USA. You can recognize the Facebook plugins by the Facebook logo or the “Like Button” (“Like”) on our page. You can find an overview of the Facebook plugins here: https://developers.facebook.com/docs/plugins/. When you visit our pages, the plugin establishes a direct connection between your browser and the Facebook server. Facebook thereby receives the information that you have visited our site with your IP address. If you click the Facebook “Like-Button” while you are logged in to your Facebook account, you can link the contents of our Pages on your Facebook profile. This allows Facebook to associate your visit to our Pages with your user account. We would like to point out that we, as the provider of the Pages, have no knowledge of the content of the transmitted data or its use by Facebook. You can find more information on this in the Facebook privacy policy at policy. If you do not want Facebook to be able to assign visits to our Pages to your Facebook user account, please log out of your Facebook user account.

You can also disable tracking through the Facebook pixel on this page by clicking this link.

Privacy policy for the use of Xing plugins
On our pages are plugins from xing.de, the Xing AG, Gänsemarkt 6, 20354 Hamburg / Germany integrated. You can recognize the Xing plugin by the Xing logo on our site. The “XING Share Button” is used on this website. When you call up this website, your browser will establish a short-term connection to servers of XING AG (“XING”), which are used to perform the “XING Share Button” functions (in particular the calculation/display of the counter value). XING does not store any of your personal data when you access this website. In particular, XING does not store any IP addresses. There is also no evaluation of your usage behavior through the use of cookies in connection with the “XING Share Button”. The current data protection information on the “XING Share Button” and additional information can be found on this website: https://privacy.xing.com/de/datenschutzerklaerung

Privacy policy for the use of LinkedIn Recommend-Button
On our pages are plugins from linkedin.com, LinkedIn Corporation, 2029 Stierlin Court, Mountain View, CA 94043, USA integrated. You can recognize the LinkedIn plugin by the LinkedIn logo on our site. The Share button (“Recommend”) is used on this website. When you call up this website, your browser will establish a short-term connection to the LinkedIn servers. LinkedIn thereby receives the information that you have visited our site with your IP address. If you click the LinkedIn “Share-Button” while you are logged in to your LinkedIn account, you can link the contents of our pages on your LinkedIn profile. This allows LinkedIn to associate your visit to our sites with your LinkedIn account. We would like to point out that we, as the provider of the pages, have no knowledge of the content of the transmitted data or its use by LinkedIn. For more information, please see the LinkedIn privacy policy at https://www.linkedin.com/legal/privacy-policy?trk=%7Berror-page%7D-privacy-policy. If you do not want LinkedIn to associate your visit to our sites with your LinkedIn account, please log out of your LinkedIn account.

Functions of the Twitter service are integrated on our pages. These functions are offered by Twitter Inc, 795 Folsom St., Suite 600, San Francisco, CA 94107, USA. By using Twitter and the “Re-Tweet” function, the websites you visit are linked to your Twitter account and made known to other users. Data is also transferred to Twitter in the process. We would like to point out that we, as the provider of the pages, have no knowledge of the content of the transmitted data or its use by Twitter. For further information, please refer to the Twitter privacy policy at https://twitter.com/privacy. You can change your privacy settings on Twitter in the account settings at https://twitter.com/account/settings.

General Terms and Conditions



1. Validity of the general terms and conditions

  1. The services, deliveries and offers of MarMedia (hereinafter referred to as “MarMedia”) to the contractual partners (hereinafter referred to as “customers”) are, subject to individual agreements, exclusively based on these General Terms and Conditions (hereinafter referred to as “GTC”). These General Terms and Conditions apply to all business relations, as far as the customer is an entrepreneur according to § 14 of the German Civil Code (BGB) or a legal entity under public law. Details of the contractually owed service result from the offer submitted by MarMedia and the order confirmation together with these GTC.

  2. General terms and conditions of the customer do not apply. Conflicting or supplementary General Terms and Conditions of the customer will only become part of the contract if MarMedia explicitly agrees to their validity in writing. This requirement of consent is valid in any case, especially if MarMedia, knowing the customer’s general terms and conditions, carries out the services to the customer without reservation.

  3. These terms and conditions also apply to future business relations between MarMedia and the customer, even if they are not explicitly included again.

  4. Deviations from these GTC are only effective if MarMedia confirms them in writing.

  5. The customer will be informed about changes of these GTC in writing, by fax or by e-mail. If the customer does not object to a change of these GTC within four weeks after receipt of the notification, the changes are considered as accepted by the customer. The customer will be informed separately of the right to object and the legal consequences of silence in the event of an amendment to these GTC.

2. Offer and conclusion of contract

  1. Unless otherwise expressly agreed in writing, the presentation of the services to be rendered and/or the preparation of a cost calculation by MarMedia does not constitute a binding offer by MarMedia. The same applies to offers that are subject to change and also non-binding, unless otherwise expressly agreed in writing.

  2. Only the binding placing of an order by the customer represents an offer to conclude a contract, which MarMedia can accept – also tacitly or by conclusive behaviour, like in particular the provision of the contractual services.

3. Services of WEVENTURE; obligations of the customer to cooperate

  1. Subject of the respective order is the agreed service described in the offer of MarMedia, in case of doubt a certain success is not owed. The contractual services of MarMedia regularly represent services. Subsequent changes of the service content have to be in written form. In case of subsequent changes of the services, any deadlines, acceptance modalities, remuneration and reimbursement of expenses have to be adjusted according to the changes.

  2. If the agreed service is the production of a website (landing page etc.) or software, MarMedia commits itself, as far as this is technically possible and not otherwise agreed, to provide the customer with the corresponding data sets or software on a web server. As far as the delivery of a data carrier is agreed upon, this is usually done from MarMedia’s headquarters. Upon request and at the customer’s expense the data carrier will be sent to another destination. Unless otherwise agreed, MarMedia is entitled to determine the type of shipment (especially transport company, shipping route, packaging). The risk of accidental loss and accidental deterioration of the data carrier as well as the risk of delay shall pass to the customer as follows, even in case of freight-free delivery In the case of sale by delivery to a place other than the place of performance, the risk shall pass to the customer upon delivery of the data carrier to the forwarding agent, carrier or other person or institution designated to carry out the shipment. At the customer’s request and expense, MarMedia will insure deliveries against the usual transport risks.
    All services provided by MarMedia (especially design drafts, drafts about the website structure, etc.) have to be checked by the customer for content and functionality and have to be released within seven (7) days after receipt by the customer. If they are not released in time, they are considered to be approved by the customer.

  3. The customer has to provide MarMedia immediately with all information and documents necessary for the provision of the services. He will immediately inform MarMedia about all events that are important for the execution of the order, even if these circumstances only become known during the execution of the order. The customer bears the costs that arise from the fact that work has to be repeated or is delayed due to his incorrect, incomplete or subsequently changed information provided by MarMedia.

  4. The customer is obliged to check the documents provided for the execution of the order (especially texts, pictures, graphics, logos, etc.) for possible existing copyrights, trademark rights or other rights of third parties. MarMedia is not liable for the violation of such rights. If MarMedia is held liable for such a violation of rights, the customer shall indemnify and hold MarMedia harmless; the customer shall compensate MarMedia for all disadvantages MarMedia suffers due to a claim by third parties. This also applies to reasonable costs of legal defence.

  5. The customer is obliged to protect himself adequately against data loss. Since the installation of software, but also the use of installed software and the processing of data entails the risk of data loss, the customer is obliged to take precautions against data loss by means of comprehensive data backup before such measures are taken.

  6. Unless expressly agreed otherwise, the customer shall procure all official permits that may be necessary in connection with the contractual service in good time and at his own expense. It is incumbent upon him to comply with these permits and all other public and statutory regulations in connection with the provision of the service.

4. Dates and deadlines

  1. Periods and dates for deliveries and services stated by MarMedia or the customer are not fixed dates, unless they have been expressly agreed upon as such by the parties in writing.

  2. If MarMedia’s performance is delayed for reasons outside of its sphere or for reasons MarMedia is not responsible for, such as force majeure and other unforeseeable events that cannot be averted with reasonable means, MarMedia’s performance obligations are suspended as long as the obstacle exists. The service periods are extended accordingly. If such delays last more than two (2) months, the customer and MarMedia are entitled to withdraw from the contract.

  3. If MarMedia is in delay, the customer can only withdraw from the contract after having set MarMedia a reasonable period of time in writing, but at least two (2) weeks, after the occurrence of the delay, and this period has expired without result.

  4. If the customer is in default of acceptance or violates any other obligations to cooperate, MarMedia is entitled to claim the damages incurred, including any additional expenses. In this case, the risk of accidental loss or accidental deterioration of the service is transferred to the customer at the moment the customer is in default of acceptance.

5. Third-party commissioning

  1. MarMedia has the right, at its own discretion, to carry out the contractual services itself or to use competent third parties as subcontractors for the provision of such services.

  2. The customer is only entitled to independently commission third parties in connection with the contractual services after prior consultation with MarMedia and at his own expense. As far as the customer orders external services, the respective contractors are vicarious agents of the customer.

6. Remuneration and expenses

  1. MarMedia’s remuneration for the contractual services is determined by the individual contractual regulation according to WEVENTURE’s offer.

  2. Additional services (e.g. modification or creation of drafts/concepts/designs, etc.) will be charged separately according to expenditure.

  3. Unless otherwise stated, MarMedia is bound to the prices stated in its offers for thirty (30) days from the date of the offer. Decisive are the prices stated in an offer, plus the respective legal sales tax. Additional deliveries and services are charged separately.

  4. In caseMarMedia is not able to carry out work for reasons beyond MarMedia’s control and MarMedia is not entitled to the full contractual remuneration, the customer will owe an appropriate fee for the work carried out. The fee is determined by the relation of the performed work to the contractually agreed scope of services. The assertion of further claims against the customer, in particular any claims for compensation, shall not be affected by this.

  5. If not explicitly agreed otherwise, the customer has to reimburse MarMedia’s expenses in connection with the respective service separately. Expenses in the sense of this paragraph are especially external costs, which are caused by the assignment of third parties, travel and transport costs, etc.

  6. MarMedia can demand reasonable advance payments for expenses. In case MarMedia subcontracts subcontracting in the name and on account of MarMedia, MarMedia is entitled to an advance payment of 50% of the respective order amount. In such cases the customer has to indemnify WEVENTURE completely from the resulting liabilities.

  7. The customer acknowledges that MarMedia’s calculated expenses may differ from the actual expenses. If it is foreseeable that the actual expenses will exceed the expenses calculated by MarMedia, MarMedia will inform the customer about the additional expenses. In case of a deviation of no more than 10%, the actual expenses are considered as approved by the customer. Any additional expenses incurred are only to be reimbursed by the customer if he has explicitly approved them. Approval shall be deemed to have been granted by the customer if the customer does not object in writing within three (3) working days after this notification and at the same time announces more cost-effective alternatives.

  8. The development of conceptual and creative proposals by MarMedia with the aim of concluding a contract is carried out against payment of a separately agreed remuneration (“presentation fee”), notwithstanding any regulations deviating from this in individual cases. Copyrights, rights of use and ownership of the work presented by MarMedia remain with MarMedia despite the calculation of a presentation fee. If MarMedia does not receive an order after the customer’s participation in a presentation, all services provided by MarMedia, especially their content, remain MarMedia’s property. The customer is not entitled to further use them – in any form whatsoever. As far as the customer has been provided with documents, they have to be returned to MarMedia immediately after MarMedia’s request.

  9. Unless otherwise stated, invoiced amounts are shown without the legal sales tax; any sales tax that may be incurred will be shown separately.

7. Maturity and offsetting

  1. Remuneration and reimbursement of expenses are due at the end of each month in the case of longer-term activities, otherwise at the latest after MarMedia has rendered its services after invoicing, without deductions within fourteen (14) days after invoicing.

  2. Default of the customer occurs immediately upon receipt of a reminder, at the latest, however, after thirty (30) days after due date and receipt of an invoice. MarMedia is entitled according to § 288 para. 2 BGB (German Civil Code), to demand interest on arrears at nine (9) percentage points above the respective base interest rate upon occurrence of the delay, without prejudice to its other rights and claims. Further rights of WEVENTURE to claim higher damages remain unaffected.

  3. As far as the customer has not made due payments, MarMedia is entitled to assert a right of retention on the services still to be rendered or to refuse further fulfilment. Further rights of MarMedia, especially the right to withdraw from the contract, remain unaffected.
    As far as payment in instalments has been agreed upon with the customer, the entire payment is due immediately if the customer culpably defaults on payment of the first instalment.

  4. The customer shall only be entitled to offsetting rights to the extent that his claim has been legally established or is undisputed. The same applies to the right of retention, the effective exercise of which is also dependent on the customer’s counterclaim being based on the same contractual relationship.

  5. MarMedia is entitled to offset payments of the customer against older claims against the customer first. The crediting takes place as follows: If costs and interest have already been incurred, MarMedia will first offset the payment against the costs, then against the interest and finally against the main claim. Within the scope of the respective claim category, the crediting depends on the age of the claim (in this respect, the due date is decisive), whereby the oldest claims are always paid off first.

8. Term and termination

  1. Unless otherwise agreed in the offer or otherwise, the contract shall run until the end of the respective order.

  2. A termination of continuing obligations can only be made without notice for good cause. Good cause shall be deemed to exist in particular if one party
    i. violates an essential contractual obligation,
    ii. breaches the confidentiality referred to in point 12,
    iii. is in default of acceptance, if a reminder has been sent beforehand, or
    iv. files a petition for the opening of insolvency proceedings on his own initiative if insolvency proceedings are opened or a petition for the opening of insolvency proceedings is rejected due to lack of assets.

  3. An important reason for MarMedia is also given if the agreed remuneration is not paid by the customer at the due date.

  4. Any declaration of termination must be in written form.

  5. In case of termination for good cause, MarMedia is entitled to 80% of the agreed remuneration for the outstanding part of the order as lump-sum compensation, as far as the fact justifying the termination is based on a culpable behaviour of the customer. The customer is allowed to prove that WEVENTURE did not suffer any damage or that the damage was significantly lower; MarMedia reserves the right to prove higher damages.

9. Intellectual property; rights of use; retention of title

  1. All services rendered by MarMedia within the scope of the order, especially the creation of drafts, concepts, graphics, data sets, software etc., as well as the rights thereto, remain the sole property of MarMedia and may only be used by the customer for the agreed purpose and within the agreed period of use. The customer is not entitled to any further use, unless otherwise expressly agreed in writing.

  2. The customer acquires the right to the agreed use of all services provided by MarMedia with the complete payment. Rights of use for work/services that have not been fully paid for at the end of the contract remain with MarMedia, subject to an individual written agreement.

  3. The transferred rights of use are non-exclusive and limited to the DACH region (the territory of the Federal Republic of Germany, the Republic of Austria and the Swiss Confederation). A transfer of rights of use and exercise beyond this requires an individual written agreement; this also applies to ideas, concepts and drafts.

  4. Changes, adaptations and similar of MarMedia’s work or services, such as in particular their further development by the customer or by third parties working for the customer, are only allowed with MarMedia’s explicit written consent, unless a corresponding objection by MarMedia would violate the principle of good faith (Section 242 BGB). The prohibition of changes does not apply to necessary and contractually required updates.

  5. The prior written consent of MarMedia is also required for any partial or complete, explicit or conclusive transfer of rights of use by the customer to third parties. This also applies to any actual making available, which is equivalent to a transfer of the right of use. MarMedia is only allowed to refuse the transfer to companies associated with the customer for good cause. If a licence fee for the transfer has not been agreed upon, an important reason exists in any case.

  6. Until complete payment of all current and future claims of MarMedia resulting from the contractual relationship and an ongoing business relationship (secured claims) MarMedia reserves the right of ownership of all delivered physical services, work results and goods (especially data carriers, documentation material, etc.).

  7. MarMedia’s physical services, work results and goods under reservation of title may not be pledged to third parties or transferred as security before full payment of the secured claims. The customer has to inform MarMedia immediately in written form, if and as far as third parties access MarMedia’s works.

  8. Software products of third parties remain intellectual property of the respective manufacturer/licensor. The corresponding brand names and logos belong to the manufacturers of the offered products. When using such delivered products, industrial property rights of third parties are to be observed. In addition, the provisions on warranty of the respective software manufacturer apply.

10. Warranty

  1. MarMedia does not owe any success in the legal sense, unless otherwise expressly agreed in writing.

  2. If the law of purchase or contract for work and services applies, the latter only if, according to the individual agreement of the parties, a work is to be owed in exceptional cases, the following applies: A claim to rectification of defects shall not exist in the event of only insignificant deviation from the agreed quality, only insignificant impairment of usability, natural wear and tear or damage that occurs after the transfer of risk as a result of incorrect or negligent handling, excessive strain, unsuitable operating materials, or that arises due to special external influences that are not assumed under the contract, as well as in the event of non-reproducible software errors. If the customer or third parties carry out improper modifications or repair work, no claims for defects shall exist for these and the consequences thereof.

  3. The customer must report obvious defects within one (1) week from delivery or possibility of use. The customer must report non-obvious defects within two (2) weeks of discovery. Delayed notifications of defects exclude the warranty.

  4. Warranty claims of the parties shall become statute-barred within one (1) year after the respective party becomes aware of the circumstances justifying the claim. The legal regulations at the beginning, suspension and restart of the limitation period remain unaffected.

11. Liability

  1. MarMedia is only liable for damages – no matter for which legal reason – in case of intent and gross negligence. In case of simple negligence MarMedia is only liable for damages resulting from injury to life, body or health or for damages resulting from the violation of an essential contractual obligation (obligation whose fulfilment is essential for the proper execution of the contract and on whose compliance the customer regularly relies and may rely); in this case, however, MarMedia’s liability is limited to the compensation of the foreseeable, typically occurring damage. MarMedia’s liability according to the Product Liability Act remains unaffected. Exclusions and limitations of liability apply to the same extent in favour of WEVENTURE’s organs, legal representatives, employees and other auxiliary persons.

  2. MarMedia is not liable for defective deliveries or services of third parties, which are commissioned by MarMedia in its own name at the customer’s request. Excluded from this is a possible selection and monitoring fault for unauthorised actions.

  3. As far as MarMedia commissions third party services in the customer’s name and on the customer’s account, MarMedia is not liable for the services and work results of the commissioned third parties. The customer is responsible for the release of production and publication. If the customer delegates the release in whole or in part to MarMedia in exceptional cases, he exempts MarMedia from liability.

  4. MarMedia is not liable for the legal protectability, registrability and admissibility under competition law of ideas, concepts, drafts or other materials created within the scope of the order. In this respect, the legal examination of the services and work results is the sole responsibility of the customer.

12. Secrecy

  1. All information and documents of the respective other party which are marked as confidential or which are to be regarded as confidential from the circumstances, in particular information about operational processes, business relations and secret know-how (hereinafter referred to as “Confidential Information”), are to be treated confidentially, kept secret, not disclosed, and protected from access or knowledge by unauthorized persons by appropriate means.

  2. These confidentiality obligations shall continue to exist after termination of the contract.
    Such Confidential Information is excluded from this obligation,
    i. which were demonstrably already known to the recipient at the time of conclusion of the
    contract or subsequently become known to him by a third party, without this infringing a
    confidentiality agreement, statutory provisions or official orders
    ii. which are publicly known at the time of conclusion of the contract or become publicly known
    thereafter, unless this is based on a breach of these confidentiality obligations;
    iii. which must be disclosed due to legal obligations or by order of a court or an authority. To the
    extent permitted and possible by law, the recipient obliged to disclose shall inform the other
    party in advance and give it the opportunity to take action against the disclosure.

13. Privacy: References

  1. The parties are obliged to observe the relevant data protection regulations. MarMedia will in particular, if it comes into contact with personal data, only collect, process or use this data within the scope of the customer’s instructions. The parties oblige their employees to observe data secrecy or confidentiality of personal data, unless such an obligation already exists.

  2. MarMedia is also entitled to have the data processed by third parties, provided that these are subject to the provisions according to clause 13 a) like own employees.

  3. MarMedia is entitled to store the data concerning the provision of services and to process and use them for operational purposes in accordance with the legal regulations. The passing on to third parties is permitted if and as far as this is subject matter of the contract – for example when registering domains or similar. As far as MarMedia gains access to the data stored and processed by the customer, it is incumbent on the customer to comply with all data protection regulations, especially to ensure a sufficient legal basis for the original collection and any further processing as well as to fulfil legal information obligations.

  4. MarMedia may name the customer as a reference and use the provided service for self-promotion purposes.

  5. We transmit your data (name and address) to infoscore Consumer Data GmbH, Rheinstr. 99, 76532 Baden-Baden, Germany, via LEGIAL AG, Thomas-Dehler Str. 2, 81737 Munich, Germany, for the purpose of checking your creditworthiness and obtaining information to assess the risk of non-payment on the basis of mathematical statistical methods using address data. The legal basis for these transfers is Article 6(1)(b) and Article 6(1)(f) of the DSGVO. Transfers on the basis of these provisions may only be made insofar as this is necessary to safeguard the legitimate interests of our company or third parties and does not override the interests of the fundamental rights and freedoms of the data subject which require the protection of personal data. Detailed information on ICD within the meaning of Art. 14 of the European Data Protection Regulation (“EU GDPR”), i.e. information on the business purpose, purposes of data storage, data recipients, the right to self-disclosure, the right to erasure or rectification, etc. can be found in the attachment.

14. Final provisions

  1. Oral collateral agreements have not been made. Additions and amendments to the contract must be made in writing. This also applies to the waiver of the requirement of the written form.

  2. In the event of invalidity of individual provisions, the validity of the remaining provisions shall remain unaffected. The ineffective provision shall be replaced by a provision that comes closest to the economic interests of both parties in terms of content.

  3. The respective contract and these General Terms and Conditions shall be governed exclusively by German law, excluding its conflict of laws rules and the United Nations Convention on Contracts for the International Sale of Goods (CISG).

  4. Unless otherwise stated in WEVENTURE’s order confirmation, the place of performance is WEVENTURE’s place of business.

  5. Exclusive – also international – place of jurisdiction for all disputes resulting from the respective contractual relationship is WEVENTURE’s place of business. WEVENTURE is entitled to file a suit at the place of performance, even if it is not WEVENTURE’s place of business.

Imprint



General Information


MarMedia
Chief Executive Officers: Mohamad Wasim Tourjoman

Registered Office
Lange Malterse 43

44795 Bochum

Office Addresses:
Düsseldorf
Peter-Müller-Straße 3

40468 Düsseldorf


Telephone: +49 15906679372


Register Entry:
Gewerbeamt bochum

VAT ID: DE363487984 | Tax Number: 350/5252/3927

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