Terms of service
General Terms and Conditions of yeebase media GmbH
Part 1: General Provisions
1.1. Scope, Definitions
1.1.1. yeebase media GmbH is an innovative media company offering online and print media for digital professionals. The following General Terms and Conditions of yeebase media GmbH, hereinafter referred to as “yeebase” or “we,” apply exclusively to contracts with business entities, with the exception of the special provisions regarding magazine subscriptions, the right of withdrawal, and the use of the t3n.de platforms.
1.1.2. A consumer is defined in accordance with Section 13 of the German Civil Code (BGB) as any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business, or profession. A business entity (Unternehmer) within the meaning of Section 14 BGB is any natural or legal person or a partnership with legal capacity that, when entering into a legal transaction, acts in exercise of its trade, business, or profession.
1.1.3. The provisions of this General Part (Part 1: General Provisions) apply to all subsequent special provisions (Part 2, 3, etc.), unless specific rules are provided in those parts. In such cases, the specific rules take precedence over the general provisions.
1.1.4. These General Terms and Conditions are governed by German law. Any references to statutory provisions refer to the German Civil Code (BGB) or the German Commercial Code (HGB) unless otherwise specified. This document is just a translation of the German version. The German version is the only legally binding one. The English version is merely an informational translation.
1.2. Conclusion of Contract
By clicking the “Order with obligation to pay” button (or similar wording) in the final step of the respective order process, you submit a binding offer to purchase or book the goods and/or services shown in the order summary. Immediately after submitting your order, you will receive an order confirmation, which does not, however, constitute acceptance of your contractual offer. A contract is only concluded once yeebase expressly accepts your order and/or booking by separate email, or when the goods are dispatched. The automated order confirmation merely documents that the customer’s order has been received by yeebase and does not constitute acceptance of the offer. Transmission of bank account details for the purpose of advance payment also does not constitute acceptance by yeebase. The presentation of products and services on our websites does not constitute a legally binding offer (invitatio ad offerendum).
1.3. Usage and Copyright
1.3.1. yeebase is the sole rights holder of all reproduction, distribution, processing, and copyright rights, as well as rights to intangible transmission and presentation of the t3n website and its content, unless otherwise agreed individually or otherwise stated.
1.3.2. If the user decides to post an online comment or create a personal profile (including profile picture) on t3n.de, they grant yeebase the right to publish, distribute, and make such contribution (including the profile picture) available to third parties for retrieval on t3n.de and in the t3n magazine, without limitation in time or territory. This right also includes editorial processing of contributions. The user warrants that no third-party rights are infringed by such publication.
1.4. Payment Terms
1.4.1. Invoices must be paid in full within 10 days of receipt, without deduction.
1.4.2. In the event of payment default by the customer, yeebase reserves the right to suspend further execution of ongoing orders until full payment is made and to demand advance payments for further orders and remaining advertisements. If there are justified doubts regarding the customer’s solvency, we are entitled, even during an ongoing advertising campaign, to make the publication of further advertisements dependent on advance payment of the applicable amount and the settlement of outstanding invoices.
1.4.3. Advertisements ordered for publication must be placed for publication by the customer by the contractually agreed publication date, but at the latest within one year after conclusion of the contract (the “contract year”). All advertisements of an order will be invoiced at the publication date agreed in the order, including those commissioned but not retrieved. The customer may postpone publication once, provided notification is made in writing to anzeigen@t3n.de at least 10 business days before the agreed publication date. At that point, invoicing will occur regardless of any further postponement. If the customer does not retrieve commissioned but unpublished advertisements within 12 months after the close of the contract year, the right to publication lapses.
1.4.4. The customer may only offset counterclaims if such claims are undisputed or have been finally adjudicated, provided this does not limit the consumer’s statutory right of withdrawal and related claims.
1.4.5. The customer may only assert a right of retention if it is undisputed or legally established and arises from the same contractual relationship. The customer shall only be entitled to set off or retain payments if the counterclaim is uncontested or has been finally adjudicated by a court of competent jurisdiction and arises from the same contractual relationship.
1.4.6. Assignment of the customer’s claims under this contract is excluded.
1.5. Liability
1.5.1. yeebase is fully liable for damages caused by intent or gross negligence.
1.5.2. In all other cases, yeebase is liable for damages caused by slight negligence only if essential contractual obligations are breached, i.e., material duties whose breach endangers the purpose of the contract, or obligations whose fulfillment is essential for the proper execution of the contract and on whose compliance the customer may regularly rely. In such cases, yeebase’s liability is limited to typical, foreseeable damages. Otherwise, liability is excluded.
1.5.3. The above limitations of liability do not apply to damages to life, body, or health, or in cases of fraudulently concealed defects. Liability under the German Product Liability Act remains unaffected.
1.5.4. Where yeebase’s liability is excluded or limited, this also applies to the personal liability of employees, representatives, and agents.
1.6. Warranty
1.6.1. Statutory provisions apply.
1.6.2. The warranty period for business entities is one year from delivery of the goods. Statutory limitation periods for recourse claims pursuant to Section 478 BGB remain unaffected. In contracts with business entities, yeebase has the right to choose the type of subsequent performance. The provisions of Section 377 of the German Commercial Code (HGB) remain unaffected for merchants.
1.6.3. For both consumers and business entities, the above limitations of liability and warranty periods do not apply to claims for damages or reimbursement of expenses due to defects, where the customer may assert such claims under statutory provisions in accordance with Section 1.5.3.
1.7. Data Protection
1.7.1. yeebase processes personal data of the customer in accordance with statutory provisions and only for specified purposes. Further information on data protection and data subject rights can be found in the Privacy Policy at: https://t3n.de/datenschutz/. The processing is carried out in compliance with Regulation (EU) 2016/679 (General Data Protection Regulation, GDPR).
1.8. Consumer Right of Withdrawal
1.8.1. The right of withdrawal does not apply to distance contracts for the delivery of newspapers, magazines, or illustrated periodicals, except for subscription contracts.
1.8.2. For contracts relating to digital content not supplied on a tangible medium, the right of withdrawal expires once yeebase has commenced performance of the contract after the consumer has expressly consented to the contract being performed before the withdrawal period has expired, confirmed awareness of the loss of the right of withdrawal upon performance, and received a copy of the contract terms and the above confirmations.
1.8.3. “Digital content” means data produced and provided in digital form. Digital content not supplied on a tangible medium includes, for example, software, music and video downloads (including streaming), files sent by email, apps, online games, or e-books. The right of withdrawal does not apply to contracts for the provision of services relating to leisure activities where the contract provides for a specific date or period of performance.
1.9. Digital Services Act
1.9.1. Content / User Contributions
1.9.1.1. By uploading or submitting user content while using the service, you agree to only submit content that: (a) is accurate and non-confidential; (b) does not violate applicable laws, contractual restrictions, or third-party rights and for which you have the necessary permissions where personal data or intellectual property of third parties is included; (c) is free of viruses, adware, spyware, worms, or other malicious code. User content may not contain information identifying another person or violating another user’s privacy. User content must not include:
- sexually motivated, explicit, or suggestive comments or materials, or content that exploits people in a sexual or violent way;
- comments or materials that are violent or derogatory towards ethnic, gender, or religious groups;
- comments or materials that harass or endorse harassment of another person;
- comments or materials promoting the illegal use of alcohol, drugs, tobacco, or firearms/weapons;
- comments or materials that are false or misleading, or conduct that is offensive, threatening, obscene, defamatory, or libelous;
- comments or materials that infringe on a third party’s trademark, trade secret, or copyright; or
- comments or materials that otherwise violate these Terms of Use.
1.9.1.2. We reserve the right to take appropriate measures if user content violates these provisions or applicable law. Such measures may include removing, blocking, editing, relocating, disabling, or permanently deleting content.
1.9.1.3. Where possible, users will be informed prior to implementation of such measures. In any event, notice will be given after a measure has taken effect, including a clear justification of the action taken and information on the complaints procedure pursuant to Section 1.9.3.
1.9.1.4. Users who become aware of content that violates these Terms or applicable law may contact us at: support@t3n.de. Further information on our DSA contact point is available at: https://t3n.de/kontakt/.
1.9.2. Users
1.9.2.1. If a user violates these Terms of Use or applicable law while using our services, we are entitled to exclude such user from use of the services we provide. Exclusion may be permanent or temporary. We may also restrict access to specific features. The type and extent of any measure depend on the severity of the violation.
1.9.2.2. Where possible, the user will be informed prior to implementation of such measures. In any event, notice will be given after the measure has taken effect, including a clear justification and information on the complaints procedure pursuant to Section 1.9.3.
1.9.3. Complaints Procedure
1.9.3.1. A user may lodge a complaint against a measure taken against them. Complaints can be submitted via email to: support@t3n.de.
1.9.3.2. The matter will then be reviewed again by us in a complaints procedure.
1.9.3.3. The complaints procedure particularly ensures that the initial measure was based on a careful, objective, and proportionate review of the facts, taking into account the rights and legitimate interests of all parties involved, as well as users’ fundamental rights enshrined in the Charter, including the right to freedom of expression, freedom and pluralism of the media, and other fundamental rights and freedoms.
1.9.3.4. We will inform the user of the outcome after the review. The result may confirm, amend, or revoke the measure.
1.9.3.5. Further information on our DSA contact point can be found at: https://t3n.de/kontakt/.
1.10. Data Security and Platform Disruption
1.10.1. The user is obliged to implement and maintain appropriate data backup measures throughout the contract term. This primarily includes careful handling of login data and use of secure passwords.
1.10.2. The user undertakes to refrain from any actions that could endanger or disrupt the functionality of the platform, and from accessing data they are not authorized to access. Furthermore, the user must ensure that any information or data transmitted to yeebase or its users is free of viruses, worms, or trojans.
1.11. Final Provisions
1.11.1. For contracts with business entities, exclusive place of jurisdiction for all disputes arising from or in connection with the contract shall be Hannover.
1.11.2. Place of performance is Hannover.
1.11.3. German law applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). For consumers, this choice of law applies only insofar as it does not deprive them of mandatory protections under the law of the country in which they habitually reside.
1.11.4. For business entities: If individual provisions are invalid or unenforceable, the remaining provisions shall not be affected and shall remain valid and enforceable to the extent consistent with the presumed will of the parties. In such case, the invalid or unenforceable provision shall be replaced by a provision that comes closest to the intended purpose at the time of agreement.
1.11.5. Contract language is German.
1.11.6. Side agreements, amendments, and supplements require written form.
1.11.7. We do not participate in dispute resolution proceedings before a consumer arbitration board and are not obliged to do so.
1.11.8. In case of discrepancies between the German and the English version, the German version shall prevail.
Part 2: Special Provisions for the Advertising Market
2.1. Scope, General Provisions
2.1.1. The special conditions for the advertising market apply exclusively to business entities within the meaning of Section 14 BGB. yeebase’s services consist of operating the online advertising platforms on t3n.de, in particular for the placement of job advertisements and online advertising for goods and services, as well as publishing one or more advertisements in all online and offline publications of yeebase and on third-party platforms on behalf of the customer.
2.1.2. “Advertisements” within the meaning of this provision include, without limitation, all advertising media offered by yeebase, regardless of whether they are inserts, ads, content elements, banners, and other digital or physical formats suitable for publication.
2.1.3. There is generally no legal entitlement to the ranking or positioning of advertisements.
2.1.4. After expiry of the advertising contract, the advertisement will be promptly removed from the internet by yeebase.
2.2. Conclusion of Contract and Prices
2.2.1. A contract is only concluded once the customer receives a written order confirmation from yeebase (email is sufficient).
2.2.2. yeebase reserves the right to refuse publication of advertisements, in whole or in part, if their content violates laws or official regulations, in particular if they contain pornographic, harmful-to-minors, or fascist content, or if processing or publication is unreasonable for yeebase due to the content, origin, or technical form. Publication is particularly deemed unreasonable if the advertisement is technically and/or qualitatively insufficient, or if it is otherwise likely to portray yeebase in a negative light or significantly impair third-party trust in us. Within the job portal “t3n.de/jobs,” dubious offers are also prohibited, in particular so-called “job opportunities,” “multi-level marketing,” “network marketing” postings, or job advertisements containing premium-rate telephone or fax numbers. Customers will be notified without delay of any rejected order.
2.2.3. The provision under 2.2.2 also applies to orders submitted through yeebase representatives.
2.2.4. Unless otherwise agreed, the current price lists of yeebase at the time of contract conclusion apply. Prices stated in the price lists are exclusive of statutory VAT.
2.3. Customer’s Duty to Cooperate
2.3.1. The customer is responsible for timely delivery of complete, undamaged, and suitable advertising data and all necessary content and materials. For this purpose, yeebase will provide the customer, upon placement of the order, with the necessary specifications (in particular printing specifications) and schedule requirements of the booked advertising formats, hereinafter “Info Sheets.”
2.3.2. If the customer fails to comply with the requirements of the respective Info Sheets and deadlines, we reserve the right to cancel the advertising campaign immediately, reschedule it, and publish it later.
2.3.3. Costs incurred for corrections necessary to publish the advertisement due to non-compliance with the Info Sheet requirements will be borne by the customer.
2.3.4. The customer must provide us with a color-accurate proof in accordance with ISO 12647-2 by post. Without such proof or a current printing standard according to the German Printing and Media Industries Federation (Bundesverband Druck & Medien e.V., Berlin), we cannot guarantee color-accurate reproduction of the print advertisement.
2.3.5. The customer must submit the final print-ready PDF files of the advertisement via email to anzeigen@t3n.de.
2.3.6. The customer must check the contractual timing of the advertisement as well as any preliminary or intermediate products sent for correction. The risk of errors transfers to the customer upon submission of the advertisement, provided the errors did not arise during subsequent production steps or could not have been detected. Upon submission of the advertisement material, the risk of accidental loss or deterioration shall pass to the customer.
2.3.7. During the contract term, the customer books one or more placements under predefined categories. If the customer wishes a different placement, new wording, or placement under another category, they may make such changes independently via their t3n account within the scope of the available options. A new contract is only concluded once the previous term has expired.
2.3.8. The cooperation obligations set out in 2.3 constitute material primary obligations of the customer. If the customer defaults on these obligations, yeebase is released from its publication obligation. yeebase is not obliged to provide subsequent performance. The customer remains obliged to pay the agreed remuneration. The customer, however, retains the right to prove that yeebase saved expenses that must be taken into account.
2.4. Warranty / Limitation of Liability
2.4.1. In the event of wholly or partially illegible, incorrect, or incomplete reproduction of the advertisement caused by us, the customer is entitled, at our discretion, to a reduction in payment or a replacement advertisement to the extent that the purpose of the advertisement has been impaired.
2.4.2. We are fully liable for damages caused intentionally or by gross negligence by yeebase or its legal representatives, executives, or simple vicarious agents, as well as in cases of fraud and personal injury.
2.4.3. Temporary interruptions in the publication of advertisements do not entitle the customer to terminate the contract unless such interruptions are caused intentionally or by gross negligence on our part.
2.4.4. An error in displaying the advertisement does not exist in particular if unsuitable display software or hardware is used, if disruptions occur in communication networks of other providers, if there is a server failure at an internet access provider or online service, if incomplete and/or outdated offers are cached on proxy servers of commercial or non-commercial providers or online services, or if a technically induced ad server failure occurs that lasts no longer than 24 hours (cumulative or continuous) within 30 days from the start of the agreed campaign.
2.4.5. The customer must inspect the advertisement immediately after its first publication and promptly notify us of any defects. The period for lodging complaints begins with publication of the advertisement in the case of obvious defects, or upon discovery in the case of hidden defects. If the customer fails to lodge a complaint, the advertisement is deemed approved as free of defects.
2.4.6. Grant of Rights
2.4.7. The customer grants yeebase a simple, non-exclusive, non-transferable, worldwide right of use limited in time to the term of the contract and in scope to the contractual purpose for the content provided for the advertisement.
2.4.8. This grant of rights also includes the right to store, reproduce, publish, digitize, and edit the advertisement to the extent necessary to perform the contract.
2.4.9. The customer warrants that the content provided does not violate applicable law or infringe upon third-party rights of any kind.
2.4.10. The customer shall indemnify and hold yeebase harmless from and against all third-party claims, including legal fees in connection with infringements under 2.4.9 and undertakes to compensate yeebase for all disadvantages and damages arising therefrom.
2.4.11. Physical print materials handed over by the customer to yeebase for the fulfillment of cooperation obligations become the property of yeebase upon delivery.
2.5. Archiving
2.5.1. yeebase is entitled to electronically store and further process the data provided by the customer.
2.5.2. All templates, data carriers, and other materials will be retained for a maximum of three months after fulfillment of the order. Longer retention only occurs if statutory retention obligations apply (e.g., under the German Fiscal Code).