1.1 These Terms and Conditions ("gn Terms") apply to the participation in the internet platform called "getnext.to" ("Platform") which is provided by the Fans & Fortunes GmbH ("Operator").
1.2 The Platform is an interface for providers of media content, in particular celebrities, (each an "Artist") and their followers (each a "Follower"). An Artist and/or a Follower is also called a "User."
1.3 Terms and Conditions of a User do not apply towards the Operator.
2.1 An Artist can offer Followers specific, single or recurrent, limited, free-of-charge or paid services (each a "Reward") via his account on the platform ("gn User Account", section 3.1 of these gn Terms) which he or she is free to define the fee for. Rewards may consist of images, videos, texts, files or other digital content or services provided to Followers for a period of time which is determined by the Artist. The Artist alone decides about the content, type, number and frequency of the Rewards he or she offers.
2.2 Users are not entitled to claim publication of the content (incl. Rewards) they post or otherwise make available on the Platform.
2.3 Users are prohibited from publishing and distributing content (incl. Rewards) on the Platform that
(a) violates applicable laws or is considered immoral,
(b) infringes trademarks, copyrights, trade secrets, or other third parties’ rights,
(c) is obscene, racist, glorifies violence, is pornographic or harmful to youth or otherwise endangers the development of children and youth or is of adverse nature,
(d) is insulting, harassing, defamatory, or otherwise violates personality rights,
(e) advertises third-party goods or services, unless explicitly authorized by the Operator,
(f) includes an invitation to participate in chain letters or pyramid systems, or
(g) User’s or third parties’ special categories of personal data according to Art. 9 of the GDPR.
2.4 The Operator is not liable for content (incl. Rewards) published or made available on the Platform or for other services provided by the Artist. Therefore, the Operator will not examine such content in advance.
3.1 In order to use the Platform, all Users must register (each a "Registration") by creating a password-protected user account on the platform (each a "gn User Account") which is free of charge. By registering, the User accepts these gn Terms. Completion of the Registration forms a contract between the Operator and the respective User for the use of the Platform (each a "User Agreement"). No User is entitled to claim the conclusion of a User Agreement towards the Operator.
3.2 The information requested by the Operator during Registration must be provided completely and accurately. Users must not provide a value-added services number as their telephone number or a post office box as their address. Users are obligated to update the information entered during the Registration as relevant.
3.3 Before clicking on the button to create a gn User Account (“Create Account”) Users may, by means of a summarizing overview, verify the information entered and rectify it if necessary. A User Agreement is to be concluded once the respective user clicks on the “Create Account” button provided after having entered all information requested. The User Agreement can be concluded in English or German language.
3.4 Users must keep their password confidential and carefully protect their gn User Account from access by third parties. If Users become aware of any misuse of their gn User Account by third parties, they must immediately inform the Operator.
3.5 Only natural persons of legal age are permitted to register. Minors are only permitted to use the Platform with the express approval of their parents or legal guardians. The Operator is entitled to block Users from accessing the Platform if they cannot provide proof of their legal age or approval of their parents or legal guardians upon request of the Operator.
3.6 No User is permitted to automatically create a gn User Account including but not limited to by using automatic devices or scripts or robot, spider, crawler, or scraper services.
3.7 The text of the User Agreement will not be stored by the Operator and may not be retrieved after the completion of the Registration.
4.1 In their gn User Account, Users can create and administer their individual profile (each a "User Profile").
4.2 Each User can get free-of-charge access to the User Profile of an Artist and leave comments and ratings in the Artist's User Profile.
4.3 The right to use a gn User Account is not transferable to other Users or to third parties. Users are prohibited from granting other Users or third parties access to their gn User Account.
5.1 Upon Registration, the User initially is a Follower. If a User wishes to use the gn User Account as an Artist after the Registration, he or she must apply for the participation in the Platform as an Artist. This application process is initiated either by an invitation from the Operator or by the User making a request to the Operator.
5.2 The information requested additionally upon the extension of a gn User Account for the use as an Artist must be provided completely and accurately.
5.3 When registering for such extended use of a gn User Account as an Artist for transacting the payments the User will be forwarded to the registration page of our external payment service provider, Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Irland („Stripe“). It is essential for the User to register with Stripe. Stripe will carry out an automated compliance check. The extension of the gn User Account for the use as an Artist will not be completed before Stripe’s notification to the Operator that the registration with Stripe has been completed.
5.4 Artists will receive a specific URL linking directly to their User Profile, the syntax being:
getnext.to/your-artist-name
5.5 Artists have the opportunity to delete comments left on their User Profile.
5.6 An Artist must always comply with all applicable statutory provisions and regulations. In particular, an Artist shall ensure to properly comply with any and all consumer information obligations under Articles 246 and 246a EGBGB (Introductory Act to the German Civil Code), with all obligations to provide information in e-commerce and, if the Artist’s place of permanent residence is Germany, their obligation to provide legal details according to Sec. 5 TMG (German Telemedia Act) when creating their User Profile. If the Artist’s place of permanent residence is not Germany he or she must mind all relevant legal requirements of his or her country of origin with regard to the provision of legal details.
5.7 The Artist must also provide all information required according to Artt. 13 and 14 of the GDPR and ensure compliance with applicable data protection law.
5.8 The Artist must also provide the following link to the EU dispute resolution platform at a clearly visible location in their legal details: www.ec.europa.eu/consumers/odr
5.9 Companies acting as an Artist which have been employing more than ten employees as of 31 December of the previous year also need to comply with consumer information obligations by informing about their right and obligation to participate in arbitration proceedings in front of a consumer arbitration board.
5.10 Terms and conditions of an Artist that potentially apply to their Followers may not contra-dict these gn Terms.
6.1 Agreements on specific Rewards are concluded between the respective Artist and a Follower only (each a "Reward Agreement"). The Operator acts as an intermediary between Artists and Followers without becoming a contracting party to the respective Reward Agreement.
6.2 The Artist may publish a Reward at any time of their choosing. Users who have subscribed to news of such Artist will be notified of the publication of a new Reward by email and/or by a message sent through the Platform's internal messaging system, depending on the preferences set in their User Profile.
6.3 The publication of a Reward by an Artist on their User Profile constitutes a binding offer to conclude a Reward Agreement for this Reward. If the offer is limited to a certain number or period of time of Rewards, the Artist must clearly indicate such limitation when publishing the Reward. Followers can accept the offer for the conclusion of a Reward Agreement by using the "Buy Reward" button (at which point the Agreement is deemed concluded).
6.4 Reward Agreements are concluded in the form of onetime transactions ("Single Reward") or monthly subscriptions with the initial term of one (1) month from the conclusion of the Reward Agreement (“Reward month”). The first Reward month begins with the day the Reward Agreement is concluded and ends with the day that corresponds with the day of the conclusion of the Reward Agreement in terms of numbers. Unless terminated before the end of the then current Reward month, the Reward Agreement shall continue to be valid for another Reward month in each case. A Reward Agreement may be terminated anytime without notice to the end of the then current Reward month.
6.5 Artists are obligated to promptly send the respective Follower a confirmation of the conclusion of the Reward Agreement, including an order confirmation. The Operator is entitled to send the order confirmation to the Follower on behalf of the Artist.
6.6 The Artist may freely decide whether a Reward will be published, when it will be published, what fee will be charged and - unless otherwise provided herein - what the content of the Reward will be.
6.7 The fee for the Reward set by the Artist will be a onetime or monthly fee for availability over a limited period of time ("Reward Fee") and will include value-added tax (if applicable) as well as other price components (e.g. delivery costs), unless the Artist explicitly makes an offer declaring otherwise. The Artist is responsible for the pricing and must indicate price components, such as delivery costs, when publishing the Reward.The Artist is not permitted to demand fees or other charges in addition to those defined in the Reward offer from the Follower outside of the Platform.
6.8 The Artist will provide the Reward for which a Reward Agreement was concluded with a Follower to the respective Follower at the time specified in the Reward offer.
6.9 Artists cannot change the subject matter of current Reward Agreements.
6.10 Rewards in the form of digital content and services not yet completed that include the delivery of objects are not transferable.
7.1 Rewards that violate statutory provisions, third-party rights or the gn Terms must not be offered and/or advertised on the Platform.
7.2 Artists must ensure that Rewards or other content, such as comments including any third-party content used, are legal and do not violate third-party rights. They also are responsible for proper indication of prices and for proper performance the respective Reward Agreements.
7.3 If Artists offer the Rewards to consumers in the context of a commercial or self-employed activity Artists are obligated to meet their statutory information requirements and to notify Users of their statutory right to withdraw from a Reward Agreement. The following template can be used for this purpose: [Please add link] portal/revocation
8.1 The Operator provides the technical resources for the Platform and allows Users to register with and use the Platform according to section 2 of these gn Terms. The Platform shall be available [99.8] % of the time based on one (1) calendar year. "Available" means that the essential core functions of the Platform can be used with no restrictions.
8.2 The Operator will enable access to the Platform in accordance with the current state of the art. In this context, availability of the Platform could be temporarily limited or interrupted due to maintenance work or in order to troubleshoot malfunctions or system breakdowns as fast as possible. Users will immediately and appropriately be notified of this in advance.
9.1 Payment of the Reward Fees will be made to the Operator. To this end, the Artist will authorize the Operator to hold, collect, and disburse the Reward Fees in accordance with these gn Terms. The Operator is entitled to use the services of third parties for payment processing. Currently, the payment processing is carried out by Stripe. The Operator is entitled to commission another company with this task.
9.2 The following means of payment are available:
Visa - Domestic
Visa - Europa
Visa - International
Mastercard - Domestic
Mastercard- Europa
Mastercard- International
SEPA Direct Debit Scheme
9.3 Stripe will handle all payment matters completely. A Follower is forwarded to an integrated interface where Stripe asks for all relevant payment information. Each payment will be assigned a transaction ID.
10.1 Artists will pay a commission fee in the amount agreed individually. The commission fee will be due for payment immediately upon receipt of the Reward Fee by the Operator from the Follower and will be withheld in the course of payment processing..
10.2 The Operator will pay the Reward Fees to the Artist at the beginning of each calendar month, less any commission fees and own fees to be paid. The Operator will also document all commission fees on a transaction basis and will invoice them on a monthly basis. Artists can retrieve the complete invoice in their gn User Account.
10.3 Every Artist will be responsible for the taxes payable on their Reward Fee, including sales or exercise and income taxes.
10.4 The Operator reserves the right to change the amount of the commission fee pursuant to section 16.2 of these gn Terms at any time. The amount of the commission fee cannot be changed with retroactive effect. Reward Agreements already existing at the time of a change will not be affected by such change.
10.5 If the published content or Rewards of an Artist are connected with claims of a third party rights holders (e.g.: music publishers), including collecting societies (e.g.: GVL, VG Bild-Kunst, GEMA, VG-Wort, AKM, SUISA, MCPS, buma/stemra or others), the Operator is obliged to pay the respective fee to the respective third party rights holder as representative of the Artist. The Operator will also document all such fees and will invoice them on a monthly basis along with the commissions (see clause 10.2 of these gn Terms). Artists can retrieve the complete invoice in their gn User Account.
10.6 An Artist is entitled to set off towards the Operator if his or her counterclaim is final and binding or is recognized or undisputed by the Operator.
11.1 The Operator may take the following measures if there are specific indications that a User has violated statutory provisions, third-party rights, or these gn Terms:
(a) delete comments or other content,
(b) warning of Users,
(c) restrict the use of the Platform, or
(d) preliminarily block the gn User Account during the verification process regarding the underlying suspicions.
When choosing a measure, the Operator will consider the legitimate interests of the User affected. The Operator will, in particular, check whether there is reason to believe that the User is personally responsible for the infringement.
11.2 The Operator may terminate a User Agreement with a User for good cause if
(a) blocking of the gn User Account is necessary to protect the interests of the other Users,
(b) the User intentionally provided incorrect contact information,
(c) the User transferred his or her gn User Account to a third party or allowed a third party to access his or her gn User Account,
(d) the User has caused material damage to other Users or to the Operator,
(e) the User has repeatedly breached the gn Terms, or
(f) there is another good cause.
11.3 As soon as a User Agreement is terminated by the Operator for cause, the affected User is no longer allowed to use the services on the Platform, either with other, already existing gn User Accounts, or by creating a new gn User Account.
12.1 User Agreements between the Operator and the User will be concluded for an indefinite period of time.
12.2 Users may terminate their User Agreement at any time by giving 14 calendar days' notice to the end of a calendar month.
12.3 The Operator may terminate a User Agreement at any time by giving 14 days' notice to the end of a month.
12.4 This shall not affect the respective right to terminate a User Agreement for good cause.
12.5 In the event of termination of a User Agreement with a Follower, such Follower will no longer be entitled to claim for Reward benefits if the respective benefit can be used only via the gn User Account.
12.6 In case of termination of a User Agreement with an Artist, the Artist must fulfill their obligations under his or her Reward Agreements despite the termination of the User Agreement. If the Artist wishes to be released from these contractual obligations, he or she may terminate the individual Reward Agreements with the respective Followers subject to applicable legal provisions.
12.7 Any termination of the User Agreement must be made in writing. A termination by email is considered to be sufficient in this regard. A User can also terminate the User Agreement by using the termination function implemented in the Platform.
Granting of Licenses
For the duration of the subscription term, the User will grant a non-exclusive, sub-licensable license to the Operator, which is limited in time but locally unlimited, to all digital content (incl. Rewards) supplied or provided under the User Agreement for use on and in connection with the operation of the Platform. For example, this includes the right to host, secure, and provide access to such content to other Users in accordance with these gn Terms and to grant corresponding sub-licenses to the same. It also includes the rights which are necessary to facilitate thumbnails and previews of media, comments, and a search tool.
Limitation of Liability
14.1 The Operator will be liable without restrictions for damages arising from injury to life, body or health resulting from a breach of duty by the Operator or any of its legal representatives or agents, as well as for damages caused by the lack of a quality guaranteed by the Operator or in case of malicious intent of the Operator.
14.2 The Operator is also liable without restrictions for damages caused by the Operator or its legal representatives agents either intentionally or through gross negligence.
14.3 In case of a violation of essential contractual obligations caused by slight negligence, the Operator will be liable with the exception of the cases listed in Secs. 14.1, 14.2 or 14.4 of these gn Terms, up to the amount of the damage that is foreseeable for this type of contract. From an abstract point of view, essential contractual obligations are such obligations which need to be fulfilled in order to allow the proper performance of an agreement in the first place and on the fulfillment of which the parties to a contract regularly can rely on.
14.4 Liability pursuant to the German Product Liability Act remains unaffected.
14.5 Any other liability of the Operator is excluded.
14.6 The limitation period for the assertion of claims for damages against the Operator is one (1) year, except in the cases listed in sections 14.1, 14.2, or 14.4 of these gn Terms.
15.1 The laws of the Federal Republic of Germany shall apply without regard to the UN Convention on Contracts for the International Sale of Goods and the conflict of laws provi-sions. With regard to consumers whose habitual residence is inside of the EU, mandatory provisions of their country of residence apply in addition.
15.2 Any dispute arising from or in relation to these gn Terms will be resolved by the courts of Hamburg if permissible and unless the User is a consumer. Consumers may bring claims arising from consumer protection provisions either in Germany or in the EU Member State they have their habitual residence in.
15.3 The European Commission provides a platform for the resolution of online disputes (ODR platform). This ODR platform has been implemented to support consumers and entrepreneurs to reach an amicable agreement. The ODR platform may be found using the following link:
https://www.ec.europa.eu/consumers/odr
The Operator is not willing to participate in such consumer arbitration proceedings.
16.1 Should any of the provisions contained herein be or become invalid or ineffective in whole or in part this shall not affect the validity of the remaining provisions.
16.2 The Operator reserves the right to change these gn Terms and/or the amount of the commission fee (cf. section 10.4 of these gn Terms). The Operator will notify the User of the changed conditions by email at least four weeks before their effective date and will indicate the intended application of these new gn Terms and the User's right to object to the application of these gn Terms. If the User does not object to the application of the new gn Terms within such period of time or if the User continues to use the Platform after the changed gn Terms have entered into force, the new gn Terms will be considered to have been accepted. The Operator will appropriately notify the User of the importance of the four week period, the right to object, and the legal consequences of silence.
16.3 Unless otherwise provided herein, all declarations or agreements in connection with the User Agreement must be made in writing or by email. Contractual agreements are not covered by this restriction.