Terms for Content

Preamble

ShowHeroes trackt keine personenbezogenen Daten in seinen Video-Player-Widgets, welche auf zahllosen Partner-Webseiten integriert sind. Insbesondere werden dort weder Cookies gesetzt noch Nutzerdaten (einschließlich IP-Adressen oder Geräte-IDs) so gespeichert, dass ein Nutzer zu einem späteren Zeitpunkt wieder identifiziert werden könnte.

ShowHeroes Video-Player-Widgets unterstützen zudem verschiedene Consent-Management-Plattformen (CMPs) zum Schutz der Privacy-Wünsche eines jeden Nutzers in Bezug auf angeschlossene Werbepartner. Siehe hierzu

Privacy Policy:

The use of the Internet pages of ShowHeroes SE (Europäische Aktiengesellschaft) is possible without any indication of personal data; however, if a data subject wants to use special enterprise services via our website, processing of personal data could become necessary. If the processing of personal data is necessary and there is no statutory basis for such processing, we generally obtain consent from the data subject.

The processing of personal data, such as the name, address, e-mail address, or telephone number of a data subject shall always be in line with the General Data Protection Regulation (GDPR), and in accordance with the country-specific data protection regulations applicable to ShowHeroes SE (Europäische Aktiengesellschaft). By means of this data protection declaration, our enterprise would like to inform the general public of the nature, scope, and purpose of the personal data we collect, use and process. Furthermore, data subjects are informed, by means of this data protection declaration, of the rights to which they are entitled.

01

Definitions

The data protection declaration of ShowHeroes SE (Europäische Aktiengesellschaft) is based on the terms used by the European legislator for the adoption of the General Data Protection Regulation (GDPR). Our data protection declaration should be legible and understandable for the general public, as well as our customers and business partners. To ensure this, we would like to first explain the terminology used. In this data protection declaration, we use, inter alia, the following terms:

A Personal data
The data protection declaration of ShowHeroes SE (Europäische Aktiengesellschaft) is based on the terms used by the European legislator for the adoption of the General Data Protection Regulation (GDPR). Our data protection declaration should be legible and understandable for the general public, as well as our customers and business partners. To ensure this, we would like to first explain the terminology used. In this data protection declaration, we use, inter alia, the following terms:
B Data Subject
  • the purposes of the processing; - the categories of personal data concerned; - the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organisations; - where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period; - the existence of the right to request from the controller rectification or erasure of personal data, or restriction of processing of personal data concerning the data subject, or to object to such processing;
C Processing
The data protection declaration of ShowHeroes SE (Europäische Aktiengesellschaft) is based on the terms used by the European legislator for the adoption of the General Data Protection Regulation (GDPR). Our data protection declaration should be legible and understandable for the general public, as well as our customers and business partners. To ensure this, we would like to first explain the terminology used. In this data protection declaration, we use, inter alia, the following terms:
02

Data protection provisions about the application and use of Facebook

The data protection declaration of ShowHeroes SE (Europäische Aktiengesellschaft) is based on the terms used by the European legislator for the adoption of the General Data Protection Regulation (GDPR). Our data protection declaration should be legible and understandable for the general public, as well as our customers and business partners. To ensure this, we would like to first explain the terminology used. In this data protection declaration, we use, inter alia, the following terms:

Terms & Conditions

1. Scope

1.1. These terms and conditions (“Terms and Conditions”) of ShowHeroes SE (“ShowHeroes”) govern the contractual relationship between ShowHeroes and Partner (“Partner”) (together named as the “Parties”) in connection with Partner’s use of ShowHeroes’ Video Platform (“PLATFORM”).

1.2. These Terms and Conditions apply exclusively to the agreement between ShowHeroes and Partner (the “Agreement”). Terms and conditions of Partner that conflict with or deviate from these Terms and Conditions shall not apply.

1.3. The Agreement sets forth the terms and conditions under which Partner shall have the right to use the PLATFORM during the Term of the Agreement.

1.4. The PLATFORM is directed at entrepreneurs within the meaning of Paragraph 14 of the German Civil Code (Bürgerliches Gesetzbuch - BGB). By agreeing to these Terms and Conditions, Partner confirms (i) to be at least 18 years old when registering on the ShowHeroes platform currently available under https://video library.showheroes.com, and (ii) to be an entrepreneur or to act in the name of and on behalf of an entrepreneur and that such entity has duly authorized it to conclude this Agreement.

2. Conclusion of the Agreement; Amendments

2.1. After registration on the PLATFORM, Partner will receive the request to verify his or her email address. After the email verification, Partner may receive confirmation from ShowHeroes that Partner’s registration has been received and will be reviewed by ShowHeroes. Partner must provide complete and accurate registration information to ShowHeroes and keep them up to date during this Term of agreement. If Partner is a business, government, or non-profit entity, the person whose email address is associated with the account must have the authority to bind the entity to this Agreement.

2.2. The Agreement will only be concluded upon express acceptance of Partner’s application by ShowHeroes. ShowHeroes is not obliged to enter into an agreement with Partner.

2.3. ShowHeroes reserves the right to amend these Terms and Conditions at any time, for example, in order to extend the range of its services or to react to changes of laws. Partner will be informed of any amendment to these Terms and Conditions in text form (i.e. Email). If Partner does not object to an amendment in text form within a period of four (4) weeks after receiving the information, the respective amendments shall be deemed accepted. ShowHeroes will inform Partner of the consequences in the event that Partner does not accept the amended Terms and Conditions within the period stipulated in the notification of the respective amendment. In the event that Partner objects the amendments, (i) the version of the Terms and Conditions in effect up to that time will remain in force and effect, and (ii) ShowHeroes shall have the right to terminate the Agreement for good cause in accordance with Section 5.2.

3. Purpose of the Agreement

3.1. MULTISCREEN VIDEO INFRASTRUCTURE: ShowHeroes offers advanced multiscreen video infrastructure through its website located at showheroes.com and other ShowHeroes operated sites, mobile applications, connected TV applications, and other online services (collectively the “PLATFORM”). By using the PLATFORM in any way, Partner accepts these Terms and Conditions (“Agreement”), which form a binding agreement between the parties.

3.2. On the PLATFORM, ShowHeroes gives Partner the opportunity to manage its own footage, audio-visual assets, videos including respective metadata and playlists and/or licensed audio-visual material from ShowHeroes and third parties (marketplace). ShowHeroes also offers free and paid versions of its multiscreen video player software, semantic targeting engine and various monetization options.

3.3. NOTE: IF PARTNER MONETIZES CONTENT STORED WITHIN THE PLATFORM, THEN THE “TERMS AND CONDITIONS FOR CONTENT OWNERS” APPLY IN ADDITION TO THIS AGREEMENT.

4. Grant of Rights

4.1. LICENSE: ShowHeroes grants Partner a limited, non-exclusive license to access and use the PLATFORM for commercial and non-commercial purposes.

4.2. USAGE RESTRICTIONS: Unless expressly permitted by ShowHeroes in writing, Partner will not scrape, reproduce, redistribute, sell or create derivative works from, decompile, reverse engineer, or disassemble the PLATFORM or any source code therein, nor will Partner attempt to circumvent any of ShowHeroes’s technical measures or take any measures to interfere with or damage the PLATFORM. All rights not expressly granted by ShowHeroes are reserved.

4.3. CONTENT RESTRICTIONS: Partner may not upload, post, or transmit (collectively, “submit”) any video, image, text, audio recording, or other work (collectively, “content”) that:

- Infringes any third party’s copyrights or other rights (e.g., trademark, privacy rights, etc.);

- Contains sexually explicit content or pornography (provided, however, that non-sexual nudity is permitted);

- Contains hateful, defamatory, or discriminatory content or incites hatred against any individual or group;

- Exploits minors;

- Depicts unlawful acts or extreme violence;

- Depicts animal cruelty or extreme violence towards animals;

- Promotes fraudulent or dubious business schemes; or

- Violates any law.

4.4. CONTENT OWNERSHIP AND LICENSES: As between Partner and ShowHeroes, Partner owns the video content (“videos”) and meta data uploaded by Partner to the PLATFORM. By submitting a video, Partner grants ShowHeroes and its affiliates a limited, worldwide, non-exclusive, royalty-free license and right to copy, transmit, distribute, and display (through all media now known or hereafter created), and make derivative works from Partner ́s video for the purpose of (i) displaying the video within the PLATFORM to Partner ́s teams; and (ii) archiving or preserving the video for disputes, legal proceedings, or investigations.

4.5. DURATION OF LICENSES: The above licenses will continue unless and until Partner removes Partner ́s videos from the ShowHeroes Service, in which case the licenses will terminate within a commercially reasonable period of time. Notwithstanding the foregoing, the license for legal archival/preservation purposes will continue indefinitely. Please note that removed videos may be cached in search engine indices after removal and that ShowHeroes has no control over such caching.

5. Term of Agreement, License Period and Termination

5.1. The term of the agreement shall begin upon express acceptance of Partner’s application by ShowHeroes. Unless agreed otherwise in a specific case, the Agreement shall have an indefinite term unless terminated in accordance with this agreement (“Term of the Agreement”).

5.2. Either Party may terminate the Agreement for convenience at any time upon four (4) weeks prior written notice to the end of the month. Either Party’s right to terminate the Agreement for good cause shall remain unaffected. Each Termination has to be in writing (text form shall be sufficient),ShowHeroes will block and delete the account after the Term of the Agreement has expired.

5.3. ACCOUNT DELETION: Free accounts may be deleted from the ShowHeroes Service if they remain inactive (i.e., the user fails to log in) for a continuous period of at least three (3) months. Subscription accounts will remain active until the end of the subscription term and any renewal term.

5.4. TERMINATION FOR BREACH: ShowHeroes may suspend, disable, or delete Partners account (or any part thereof) or block or remove any content submitted if ShowHeroes determines that Partner has violated any provision of this Agreement or that Partner ́s conduct or content would tend to damage ShowHeroes’s reputation and goodwill. If ShowHeroes deletes Partner ́s account for the foregoing reasons, Partner may not re-register for the PLATFORM. ShowHeroes may block Partner ́s email address and Internet protocol address to prevent further registration.

5.5. EFFECT OF TERMINATION/ACCOUNT DELETION: Upon termination, all licenses granted by ShowHeroes will terminate. Sections 10 though 18 shall survive termination. In the event of account deletion for any reason, content that Partner submitted may no longer be available. ShowHeroes shall not be responsible for the loss of such content.

6. Price structure of ShowHeroes

ShowHeroes video infrastructure and PLATFORM encompass various services and flexible pricing models

including free accounts. The core services at the time of this writing include but are not limited to:

- Video Asset Management

- Marketplace for Video- and Footage Licensing

- Content-Adaptions

- Semantic Targeting Engine

- Video Ad Demand (primary or backfill)

- MultiScreenPlus Video Player + Streaming without Ad Integration

- MultiScreenPlus Video Player + Streaming with Ad Integration

6.1. Subscriptions

6.1.1. ShowHeroes offers different subscription plans to use one or more PLATFORM services.

6.1.2. VIDEO ASSET MANAGEMENT: Please see our subscription pages (if available in Partner ́sterritory) or contact our sales for detailed information. Features and prices are subject to change. Basic features are included in a free account version.

6.1.3. FREE ACCOUNT: Each business or individual may have only 1 Free Version account. Partner acknowledges that the Free Version is provided at no charge, and therefore, the terms that govern use of the Free Version are different, in part, from the terms that govern use of Paid Versions. If Partner upgrades from the Free Version to a Paid Version, Partner acknowledges and agrees that the terms that govern the use of the Paid Version shall automatically apply to Partner upon such upgrade.

6.1.4. STORAGE LIMITS: All Plans have an associated monthly storage limit. Storage limits are calculated based upon source files. Monthly limits are calculated based on calendar months and are based on the date of account activation. Once an account reaches its monthly limit Partner will be notified and given the option of (a) upgrading to a plan with a higher storage limit, or (b) paying for extra storage at the then current overage rate for respective account (unless otherwise previously mutually agreed upon). Anyone who wishes to obtain more storage capacity may request a custom account by contacting ShowHeroes sales.

6.1.5. MULTISCREENPLUS VIDEO PLAYER + STREAMING WITHOUT AD INTEGRATION: anyone with a valid VIDEO ASSET MANAGEMENT subscription may also integrate our multiscreen video player technology in accordance with the terms of respective subscription plan.

6.1.6. BANDWITH LIMITS: All Plans have associated monthly bandwidth limits for streaming video content. Monthly limits are calculated based on calendar months and are based on the date of account activation. Once an account reaches its monthly bandwidth limit Partner will be notified and given the option of (a) upgrading to a plan with a higher bandwidth limit, or (b) paying for extra bandwidth at the then current overage rate for respective account (unless otherwise previously mutually agreed upon). Anyone who wishes to obtain additional bandwidth for streaming may request a custom account by contacting ShowHeroes sales.

6.1.7. STREAMING COSTS: A custom account and agreement is needed if Partner wants to use his own or a different CDN.

6.1.8. CANCELATION AND REFUNDS: Partners who purchase annual subscriptions have thirty (30) days after their purchase to cancel. Partners who purchase monthly subscriptions have five (5) days after purchase to cancel. After the cancelation period ends, all purchases are final and all fees paid are non-refundable, even if Partner ́s account is later terminated by ShowHeroes. If Partner ́s account is terminated due to its breach of this Agreement during the relevant cancelation period, Partner will not be refunded.

6.1.9. RENEWALS: Subject to the terms hereof, Partner may choose to renew its subscription at the end of the subscription period. By default, all subscriptions are set to automatically renew for the same period of time as the original subscription. Partner may decline to renew at any time prior to the commencement of a renewal subscription. ShowHeroes reserves the right to deny subscriptions, renewals, and other purchases for any reason. Unused storage, plays, and other limits do not roll over to subsequent subscription periods.

6.1.10. END OF SUBSCRIPTION: When a paid ShowHeroes subscription ends, the account automatically becomes a Basic (free) account and ShowHeroes may disable access to or delete any content to comply with Basic account limits. If Partner uses ShowHeroes for commercial purposes, its account and its content may be deleted if a paid subscription is not renewed.

6.2. Marketplace

6.2.1. Partner may license ShowHeroes ́ or third party Video Content from the ShowHeroes Marketplace. By default, Partner has no sub-licensing rights. Partner may use the content on any of its own platforms (including apps and social media channels).

6.2.2. BUILT-TO-ORDER: ShowHeroes offers additional services like publisher brandings, mobile-ad- creative optimizations, translations and built-to-order videos for partners. In accordance with the subscription chosen by Partner, additional charges may apply for these services. ShowHeroes grants Partner an exclusive license period of 14 days for built-to-order content within Partner ́s country of incorporation (“territory”).

6.2.3. If production quality of built-to-order videos fails to match reasonable expectations, then Partner can decline a video under the following conditions:

- Partner has informed ShowHeroes about the issue within 3 hours after reception of the video

- ShowHeroes has failed to resolve the issue within a reasonable time after being informed by Partner

6.2.4. ShowHeroes indemnifies Partner from third party claims that may be asserted against Partner because of a potential infringement of legal provisions due to the use of built-to-order videos. A prerequisite for such indemnification is that:

- Partner has informed ShowHeroes of the assertion of such claims immediately in writing (fax and e-mail is sufficient)

- Partner makes no concessions or acknowledgments or similar statements and Partner makes no payments without the consent of ShowHeroes. Partner allows ShowHeroes to perform, at their expense, all the judicial and extrajudicial negotiations on the claims

- Partner has removed the video (concerned by the claims) upon notice from ShowHeroes immediately

- The claims relate to the video itself

6.2.5. LICENSE TERRITORY OF MARKET PLACE CONTENT: If Partner licenses content from the PLATFORM Marketplace, the territory shall be limited expressly according to the information delivered in the meta data of the respective content or the license confirmation. A Partner cannot acquire a license without a proper license confirmation by ShowHeroes.

6.2.6. OTHER PURCHASES: Purchases of other products and services through the PLATFORM are subject to other terms and conditions that are presented at the time of purchase.

6.3. Revenue Share

6.3.1. FREE CONTENT STREAMING: ShowHeroes offers free content streaming for publishers that want to monetize video via mobile video ads. ShowHeroes can act as a primary as well as backfill demand for such video ads.

6.3.2. SHARE: As compensation for FREE CONTENT STREAMING reach (a ShowHeroes video player is integrated on one or more of Partner ́s websites) Partner shall be entitled to receive a revenue share of 50 % of Total Net Revenues from the advertising that ShowHeroes or an authorized agent, agency, online marketer etc. (“Sales House”) generate and receive from advertisements (video ads including companion ads such as rich media, interstitials) played out on Partner’s respective online assets.

6.3.3. BASIC FEE: As a basic tech fee for CONTENT STREAMING (a ShowHeroes video player is integrated on one or more of Partner ́s websites) ShowHeroes shall be entitled to receive a revenue share of only 15% of Total Net Revenues from the advertising that Partner or an authorized agent, agency, online marketer etc. (“Sales House”) generate and receive from advertisements (video ads including companion ads such as rich media, interstitials) played out on Partner’s respective online assets.

6.3.4. MANAGED SERVICE: Partner authorizes ShowHeroes to manage and optimize its content playlists and video ad streaming within the spaces provided by partner for respective placements. ShowHeroes uses data driven algorithms (i.e. semantic targeting via analysing Partner ́s website content) to provide an optimal balance between user experience and monetization. Partner can opt-out of the managed option at any time to manage playlists manually. Opt-out has to take place in written form (e-mail shall be sufficient).

6.3.5. OPTIMIZATION: Revenue Share does not apply to Ad Impressions (max 4% of total impressions) designated to self-promotion or A/B-Testing (in order to maximize the overall yield).

6.3.6. REPORTING: ShowHeroes offers Partner the following reporting:

- Weekly reporting about video and ad performance

- Full-Month-Reporting (preliminary) till the 15th of the following month

- Financial Reporting (basis for billing) shall be provided within sixty (30) days after the end of each month

- Expedited Financial-Reporting (optional upon explicit agreement in written form) can be provided till the 7th of the following month. Since ShowHeroes gets reports by its third-party marketers/DSPs seldom before the end of the following month, these reports may still be incomplete. In case of expedited reporting, Partner ́s invoice payment terms must be 90 days because ShowHeroes will not pre-finance ad revenues (however, ShowHeroes will try to collect and distribute cash in a timely manner).