Jimdo Business Listings Add-On Terms and Conditions of Use
1.1 Jimdo offers the Jimdo Business Listings Add-On that enables Jimdo Users (hereinafter referred to as “Jimdo User” or the “User”) to control, publish and update their Business Location Content, such as business name, address, contact details, photos, logos, etc. (hereinafter referred to as “Business Location Content”) on various online and GPS platforms. The Business Listings Add-On may be offered as part of a package or plan, or individually by Jimdo, at Jimdo’s sole discretion.
1.2 These Jimdo Business Listings Add-On Terms and Conditions of Use (hereinafter referred to as “Terms”) set out the rights and obligations in connection with the use of the Business Listings Add-On, i.e. the Business Location Service provided via Jimdo by the Technical Provider Uberall GmbH, Hussitenstraße 32-33, 13355 Berlin (hereinafter referred to as the “Technical Provider”), and the Jimdo User.
1.3 The Jimdo User recognizes that these Terms necessarily apply in addition to the Jimdo General Terms and Conditions of Service, given that the Jimdo User must purchase specific fee based plans or packages, as detailed on the pricing page, in order to be offered the Business Listings Add-On Services by Jimdo. Exclusively as regards the use of the Business Listings Add-On, if any provision of these Terms contradict the Jimdo General Terms and Conditions of Service, the provisions of the present Terms shall take precedence.
1.4 The subject matter of the contract shall be the Business Listings Add-On provided by Jimdo, as displayed within the website Administration Area. Jimdo assumes no warranty for defects. At the same time, Jimdo warrants that the Business Listings Add-On will be provided with reasonable care and expertise.
2. The Business Listings Add-On
2.1 The Business Listings Add-On is a fee-based complementary service as referenced in point 14.5 of the General Jimdo Terms and Conditions of Service. The Business Location Content Service (“Business Listings Add-On”) is provided via the Jimdo platform, using the Technical Provider’s technology. The Technical Provider is a digital location marketing centralising solution, that enables the centralized checking, publishing and updating of Business Location Content on various online and GPS platforms.
2.2 In entering their business details, utilizing the Location Content (Business Listings Add-On) and accepting the Business Listings Add-On Terms, the Jimdo User enters into a binding agreement with Jimdo for the use of the Business Location Content Services.
2.3 Jimdo shall submit the Business Location Content of the User to the Technical Provider’s database, via the Jimdo interface or API. Jimdo shall open, administrate and delete User accounts.
2.4 If a User already has a preexisting account with the Technical Provider, the Technical Provider via Jimdo may refuse opening a new account or delete the additional one. In either case Jimdo shall communicate such actions to the Jimdo User concerned.
2.5 The Jimdo User recognizes that once they enter their details and activated the Business Listings Add-On, the Technical Provider via Jimdo shall use commercially reasonable efforts to automatically make the submitted Business Location Content available to the various Publishing Partners (as defined in Point 3 of these Terms) of the Technical Provider for the purpose of publication.
2.6 The Jimdo User acknowledges that publication can take up to 3 months, this is especially the case for GPS Publishing Partners. However, the Technical Provider shall exercise best efforts to work towards publication within hours or days.
2.7 In some cases Jimdo, on behalf of the Technical Provider or the Publishing Partner, may require the Jimdo User to verify their submitted Business Location Content (e.g. by mail or phone call plus entering a PIN, platform verification/login etc.) before publication is possible. The User acknowledges that in order to utilize the Business Listings Add-On to it’s full extent, they must complete verification as prompted. For this purpose Jimdo reserves the right to request appropriate proof of business identity, as well as proof of powers of representation for the business concerned on a case by case basis and in any case, when such data is requested by a Publishing Partner. The Publishing Partners may also request that the Jimdo User logs into their applicable business account on the Partner’s platform (e.g. Facebook, Google etc.) in order to complete their Business Location Content verification. The Jimdo User recognizes and agrees to undertake such verification steps (as described above) in order to enjoy full use of the Business Listings Add-On and Business Listings with all available Publishing Partners. Failure to comply with the necessary verification steps can result in limitations or inaccuracies within the Business Listings Add-On for the Jimdo User, for which Jimdo accepts no liability.
2.8. Jimdo reserves the right to offer additional statistics and tips with reference to the User's Business Location Content in the Website Administration Area. The Jimdo User has no claim to the provision of such information. The statistics (i.e. clicks rate, page views) are based on completely anonymised data collected directly by each Publishing Partner on their platform and transferred to Jimdo at the sole discretion and determination of the Technical Provider. The additional statistics, when available, can not be (singularly) deactivated. The statistics and tips are provided without any express or implied warranty. No responsibility or liability whatsoever for the accuracy, completeness, legality and reliability of the information and content provided in the website Administration Area is assumed. Similarly, no warranty is made as to the suitability of this information for the particular circumstances of the individual User.
3. The Publishing Partners
3.1 The Jimdo User acknowledges that the Business Listings Add-On is continuously being adapted and evolving so as to provide the User with the most uptodate Publishing Partners and platforms. As a result the list of Publishing Partners may change from time to time, at the sole discretion of Jimdo and the Technical Provider. In such cases the Technical Partner commits itself to providing Publishing Partners, via Jimdo, that are of a similar quality to the Partner that has been excluded. Any claims for damages or reduction claims of the Jimdo User against Jimdo and/or the technical provider are hereby excluded. The current list of Publishing Partners is always available within the Business Listings Add-On.
3.2 The Jimdo User acknowledges that Jimdo cannot guarantee the inclusion of specific Publishing Partners. The specific Publishing Partners that the Jimdo User’s account can be connected and synced to, is displayed within the Business Listings Add-On. The Jimdo User does not have a right to request the disconnection/connection of any selected Publishing Partners.
3.3 The Jimdo User acknowledges and agrees that Jimdo cannot guarantee that all the submitted Business Location Content will be displayed or published by the Publishing Partners if motives beyond Jimdo's control exist. This is especially the case for (i) space restrictions, (ii) the incompatibility of the Business Location Content with the application of the Publishing Partners, (iii) the use of other sources of Business Location Content data by the Publishing Partners, (iv) the publication and update cycles of the Publishing Partners, and (v) Jimdo's inability to locate certain User’s Business Location Content
In such cases, Jimdo shall not be liable unless the Jimdo User can prove that Jimdo is responsible for the aforementioned reasons. In this context, Jimdo shall cooperate closely with the technical provider in compliance with all contractual duties of care.
4. License/Usage Rights
4.1 In order to provide the Business Listings Add-On, Jimdo is entitled to commission third parties to technically provide the Business Listings Add-On and to grant them the necessary sublicenses of the rights mentioned in these Terms. Furthermore, in order to provide the Business Listings Add-On, the Technical Provider has to provide their publishing partners with certain rights with regard to the use of and ownership of the business data involved. In order to be able to transfer these rights to the Publishing Partners as needed, the Jimdo User in using these services correspondingly agrees to transfer the rights listed in point 4.2 to Jimdo.
4.2 The Jimdo User grants to Jimdo and the Technical Provider, including the Publishing Partners of the Technical Provider, who accept, a worldwide, non-exclusive, sublicensable, transferable and royalty free license to: (i) combine, modify and/or enrich the Business Location Content delivered to the Technical Provider via the Jimdo website with other data obtained by the Technical Provider or its affiliates; (ii) use the Business Location Content internally within the Technical Provider’s platform (iii) incorporate the Business Location Content in the Technical Provider’s database, (iv) to sell, distribute, disseminate, promote and advertise products that include Business Location Content, (v) distribute (directly or through a chain of distribution) the Business Location Content and/or derivative works of the Business Location Content to any of the Technical Provider’s Publishing Partners, and (vi) allow indirectly through the Publishing Partners use of the Business Location Content by Customers of the Publishing Partners.
4.3. If the Jimdo User deletes, adds, or modifies the Business Location Content, it will not affect any sublicense granted by Jimdo to the Technical Provider and Publishing Partners and/or their partners to the extent that such deleted, added, or modified Business Location Content has been used by the Technical Provider, the Publishing Partners or their Partners.
5. Data Protection
5.1 Deletion of Data: As soon as Business Location Data Content has been entered and saved by the Jimdo User, i.e. where it has already been submitted to the Publishing Partners, it is no longer possible for Jimdo or the Technical Technical Provider to delete such data i.e. it will be out of their control. This means that as of that moment, neither Jimdo nor the Technical Provider cannot procure or ensure the deletion or removal of the Business Location Content from any services, systems or devices under the control and operated by the Technical Provider, by their Publishing Partners, their users or other third parties, nor can it procure or ensure the non-modification or non-use of the Business Location Content by such parties, their users or other third parties.
5.2 The Jimdo User acknowledges that in order to delete or edit the data published by the Publishing Partners, the Jimdo User must contact each Publishing Partner themselves, directly.
5.3 Jimdo signed a data processing agreement with the Technical Provider for the Business Listings Add-On services.
5.4 Upon entering the Business Name, Address, Postal Code and Phone Number and the completing of the Business Listings Add-on registration process, Jimdo shares the entered data with the Technical Provider, which in turn will look through its Publisher Network for compatibility between the Information provided and the Information available in its Network. Jimdo also saves the Business Location Content provided by the Jimdo User, in order to facilitate a more expeditious entry of the business information by the User within the website Administration Area. The responsible body for this data processing, within the meaning of the Federal Data Protection Act and Teleservices Act of the Federal Republic of Germany is the Jimdo GmbH, Stresemannstrasse 375, 22761 Hamburg, Germany (firstname.lastname@example.org).
5.5 The Jimdo User recognizes that in entering their data and providing the License detailed under Point 4 of these Terms to the Publishing Partners (via the Technical Provider), that the Publishing Partners are the responsible bodies for the further processing of the Business Location Content provided.
5.6 For more information on how Jimdo uses and stores content, and the user's rights to Jimdo's data, see the Jimdo Privacy Statement as well as the Jimdo Dolphin Supplementary Privacy Notice.
5.7 All Statistical Data (Insights) that are provided by the Publishing Partners via Jimdo are anonymized and cannot be traced back to the individual data subjects. For more information as regards the Insights function please refer to the privacy policies of the Publishing Partners, i.e. Google: https://policies.google.com/privacy?hl=en-US and Facebook: https://www.facebook.com/policy.php
6. Jimdo User Obligations
6.1 The Jimdo User represents and warrants that he has full power and authority to enter into this Agreement.
6.2 The Jimdo User represents and warrants that the Business Location Content provided to JImdo has been acquired, collected, processed, forwarded and licensed in compliance with applicable laws and regulations (including on privacy and data protection).
6.3 The Jimdo User provides Jimdo in advance with all documents, information and materials required for the performance of the agreed services. The User must ensure that the documents, information and materials provided are accurate, free of errors and free of viruses, spyware or other harmful source codes or materials. Jimdo shall not be liable for the processing of any incorrect information, documents or materials.
6.4 The Jimdo User transfers the Business Location Content to Jimdo using the Business Listings Add-On in the Administration Area of the Web Site. The User selects a format that complies with Jimdo's requirements. The User is aware that Publishing Partners do not support certain formats or that, due to the technical specifications certain Publishing Partners cannot display certain pieces of information transmitted by the User.
6.5 The Jimdo User represents and warrants that all Business Location Content provided to Jimdo, including all intellectual property rights related thereto, is rightfully owned by or licensed or transferred to the Jimdo User in order to grant Jimdo the license as set forth in Point 4 of these Terms, unencumbered and clear of any rights, and that the Business Location Content provided to Jimdo are suitable for insertion in all products of the Technical Provider and Publishing Partners. Jimdo and its agents have the right, but not the obligation, to verify the legality of all Business Location Content, information and materials provided prior to the transmission. Jimdo is entitled to refuse to process any information or materials that is or may be contrary to law or public morality. Jimdo will notify the User without undue delay.
6.6 The Jimdo User represents and warrants that performance of its obligations under this Agreement will not violate or infringe the rights or any third party, including but not limited to intellectual property rights, or conflict or interfere with any existing commitment or contractual obligation of the Jimdo User.
6.8 The Jimdo User represents and warrants that their Business Location Content is up-to-date and accurate and not pornographic, unlawful, harassing, defamatory, obscene, inappropriate in any other way, glorifying violence or harmful to minors or violate third party rights and complies in particular with Point 6 of the Jimdo General Terms and Conditions of Service.
6.9 The Jimdo User recognises that Jimdo and not the Technical Provider, is the provider of all support to the Jimdo User. All support requests are to be directed to Jimdo via the usual support channels: https://support.jimdo.com/contact/
7. Changes to these Terms and Changes to the Business Listings Add-On
7.1 These Terms are valid for any modification, extension and/or update of the Business Location Content services, unless they are subject to a separate agreement. In that case the separate agreement of the applicable update or the extension in question shall apply accordingly. All other rights are reserved by Jimdo.
7.2 Jimdo reserves the right to modify, extend and update the Business Location Content Service, at its sole discretion in particular if they are intended to improve technical progress and/or the user experience at Jimdo’s sole discretion, and/or appear necessary and/or to prevent misuse. Jimdo will always take the legitimate interests of the Jimdo Users, in particular Point 10.12 and point 17.5 of Jimdo's General Terms of Service into consideration.
8.1 The Jimdo User shall indemnify, defend and hold harmless Jimdo and its employees, agents, representatives and affiliates, including the Technical Provider and the Publishing Partners, from and against any and all costs, liabilities, damages, losses and expenses, including reasonable attorneys’ fees, resulting from:
- any claims of third parties that the Business Location Content infringes or misappropriates that third party’s intellectual property rights; and
- any claims of third parties that result from a breach of the Jimdo User’s undertakings in respect of privacy regulations, data protection or confidentiality;
- any claim of third parties attributable to any inaccuracy and/or incompleteness of the Business Location Content;
- a breach of any of the representations and warranties set out in Point 6.
- violation of these Terms unless the Jimdo User can prove that Jimdo, the Technical Provider or Publishing Partner is fully or partially responsible for the violation.
8.2. The parties will promptly and without undue delay, notify each other in text form upon becoming aware of any third party claim as described above.
8.3 If the Jimdo User, Jimdo, the Technical Provider or any of the Publishing Partners is facing any third party claim as described above, or if the Jimdo User believes the Business Location Content may infringe any third party’s intellectual property rights, the Jimdo User shall as soon as reasonably possible at its own expense and at the discretion of Jimdo and the Technical Provider, either:
- procure the right for Jimdo and the relevant Publishing Partner to continue the use of the Business Location Content; or
- replace or modify the Business Location Content so as to make it non-infringing.
8.4 In such cases, where Jimdo is informed of such infringement, or where Jimdo or the Technical Provider or the Publishing Partners are informed of any infringement by the Jimdo User with their Business Location Content upon the rights of third parties, Jimdo, the Technical Provider and the Publishing Partners reserve the right to cease publication of the Jimdo User’s Business Location Content, until the matter has been resolved. In such cases, Jimdo upon notification of such action shall communicate such action to the Jimdo User within 3 working days by E-mail to the E-Mail address linked with the Jimdo Account.
8.5 As regards the responsibility for content, as well as the suspension of access to a Jimdo account and thus the Business Listings Add-On as a result of breach of these Terms, the Jimdo User is hereby directed to Point 14 of the Jimdo General Terms and Conditions of Service.
9. Limitation of Liability
9.1 Jimdo is liable for the violation of essential contractual obligations. Essential contractual obligations refers abstractly to such obligations, whose fulfillment enables the proper performance of the contract and the fulfillment of such is regularly relied upon by the Jimdo User. In such cases liability is limited to the replacement of the foreseeable, typically occurring damage and at a maximum is restricted to the to the equivalent amount of a yearly User fee for the Jimdo site affected.
9.2. In the event that Jimdo incorrectly processes (integrates, connects, etc.) the User's Business Location Content, Jimdo is not to be held liable if Jimdo rectifies the errors within a reasonable time period for both parties.
9.3. Liability for consequential, atypical or indirect damages, for lost profits or anticipated profits or turnover, lost income or revenue, loss of use, loss of data, loss of reputation, loss of business, loss of Goodwill or missed (business) opportunities is excluded. To the extent that Jimdo's liability is excluded or limited, this also applies to Jimdo's employees, workers, representatives, the Technical Provider, Publishing Partners and vicarious agents.
9.4. The Jimdo User is aware that it is not possible according to the current state of the art to create software in such a way that it works faultlessly in all applications and combinations. In the event of a technical failure to perform, Jimdo shall act with the diligence of a prudent businessman to remedy the malfunction. Jimdo shall not be liable in this respect unless the technical malfunction is unreasonably long and Jimdo has not acted with the diligence of a prudent businessman to remedy the malfunction.
9.5 Jimdo is liable for damages resulting from gross negligence or intent on the part of Jimdo or its agents.
9.6 Jimdo is not liable for any damages resulting from any incorrect or inadequate management or use of the Business Listings Add-On by the Jimdo User.
9.7 Liability under the Product Liability Act remains unaffected.
10. Concluding Provisions
10.1 Where the Business Listings Add-On is purchased separately to a Jimdo package, the points 10 and 12 of the Jimdo General Terms and Conditions of Service apply in particular to all payments, their renewal and your right of revocation. Further information on the right of revocation can be found in the Jimdo Cancellation Policy.
10.2 In the event of any deviations resulting from the translation, the formulation of these Terms set forth in the German version shall prevail.
10.3 If individual regulations of these Terms should be or become ineffective, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired.
10.4 For settling consumer disputes out-of-court, the European Union offers a platform for online dispute resolution (“ODR platform“) at https://ec.europa.eu/consumers/odr/. Please be aware that Jimdo is not obligated and currently not willing to participate in this alternative, online dispute resolution platform.
Managing Director: Matthias Henze
Court of Registry: Amtsgericht Hamburg
Registration: HRB 101417
VAT ID: DE814864138
Published: May 2019