Terms of Use
1. General Information / Scope
1.1 Scope
The following General Terms and Conditions/Terms of Use shall apply exclusively to the relationship between Franckh-Kosmos Verlags-GmbH & Co. KG (hereinafter: Kosmos Verlag) and the user, as well as Kosmos & You GmbH (hereinafter: Kosmos & You) and the user. The Kosmos Verlag and Kosmos & You do not recognize any deviating or supplementary terms of the user, unless their validity has been expressly agreed to.
1.2 These Terms of Use
apply to the websites under the URL www.kosmos.de of Franckh-Kosmos Verlags-GmbH & Co. KG ("Kosmos Verlag"), Pfizerstraße 5-7, 70184 Stuttgart, represented by its general partner, Franckh-Kosmos Verlags-Verwaltungsgesellschaft mbH, based in Stuttgart, Stuttgart Local Court, HRB 13741, which in turn is represented by its managing directors Michael Fleissner, Thilan Tran, and Matthias Kienzle, and to the online shop under the URL www.kosmos.de of Kosmos & You GmbH ("Kosmos & You"), Pfizerstraße 5-7, 70184 Stuttgart, represented by its managing director Bettina Schultes. They apply to all services offered on the website. Orders placed via the website are excluded.
1.3 Orders
It is possible to order products (e.g., books, e-books, toys, experiment kits, apps, etc.) on the website. For orders of books, games, and experiment kits, the business relationship is established between our distribution partner "Kosmos & You" and the customer, with the involvement and mediation of Kosmos Verlag. For these orders, the separate "General Terms and Conditions for Orders" of Kosmos & You apply. For e-books and applications, we offer ordering through other, external providers on www.kosmos.de, which are linked accordingly on the order pages. In such cases, the contractual partner is not Kosmos Verlag nor Kosmos & You, but rather the conditions agreed with the respective external provider apply.
2. Websites
2.1 The websites and free services of Kosmos Verlag as well as the online shop of Kosmos & You are available to everyone.
2.2 Kosmos Verlag and Kosmos & You endeavor to maintain and care for their websites diligently. Kosmos Verlag and Kosmos & You strive to provide access to the pages 24 hours a day, 7 days a week. However, no liability is assumed for constant availability. Furthermore, Kosmos Verlag and Kosmos & You assume no responsibility for deletion, misdelivery, or storage failure in connection with personal data. Kosmos Verlag and Kosmos & You cannot guarantee that their websites are always up-to-date and error-free. Delays, typos, or incorrect information cannot be completely excluded.
2.3 Kosmos Verlag and Kosmos & You reserve the right to change these Terms of Use as well as the content and structure of the websites and services at any time.
3. Registration (My Account, Newsletter, etc.)
3.1 To gain access to offers requiring registration, the user must register. When registering on kosmos.de, users must provide accurate and complete information and update it if necessary. This also applies to the registration of game explainers. The user shall indemnify Kosmos Verlag and Kosmos & You on first demand for damages incurred by third parties due to incomplete or incorrect information.
3.2 The contract is concluded when the user sends the registration form and Kosmos Verlag or Kosmos & You confirms the registration. Should Kosmos Verlag or Kosmos & You determine that user data is incorrect, they are entitled to temporarily block the account or, depending on the severity of the violation, to delete it completely.
3.3 The user account ID and password must be kept confidential. The user is not entitled to allow other persons to use their password to access services via the website. Each user bears full responsibility for activities under their user ID. Kosmos Verlag or Kosmos & You shall only be liable for damages arising from unauthorized access in cases of intent and gross negligence.
4. Termination of Registration
4.1 Both the user and Kosmos Verlag or Kosmos & You are entitled to terminate the registration for the user account at any time with a notice period of one week.
4.2 Kosmos Verlag or Kosmos & You is further entitled to terminate the user's registration for the user account with immediate effect if the user repeatedly violates the terms of use through their posts or otherwise violates these terms of use and does not remedy this violation even after a warning with a deadline, or if the violation is repeated.
5. User Obligations
5.1 Every user of the Kosmos Verlag websites and Kosmos & You online shops is solely responsible for all of their activities. Users are also obliged to comply with the laws of the Federal Republic of Germany. Every user undertakes to comply with the applicable youth protection regulations.
5.2 The content and services of Kosmos Verlag or Kosmos & You may not be used for unlawful purposes. It is forbidden to register third parties for a newsletter without their knowledge and consent or to set up a user account for them without their knowledge and consent.
5.3 If user activities aim to render the websites of Kosmos Verlag and Kosmos & You inoperable or make their use more difficult, we will pursue civil and criminal legal action if necessary. Measures that could affect the physical or logical structure of the services are particularly prohibited.
6. Liability
The statutory provisions apply.
7. Uploading Content and Comments / Granting of Rights
7.1 Website users have the option to upload their own content (text and image material, in particular comments, hereinafter uniformly referred to as "data") to the website. By uploading their data and content to the database of Kosmos Verlag or Kosmos & You, the user grants Kosmos Verlag or Kosmos & You a time and spatially unrestricted right of use and exploitation, which entitles Kosmos Verlag or Kosmos & You to unlimited publication, editing, reproduction, marketing, and distribution. With the upload, users irrevocably grant Kosmos Verlag or Kosmos & You non-exclusive, worldwide, and unlimited usage rights for the publication, reproduction, and distribution of the content within the functionalities and offers of the website itself or by third parties, in particular the database and archiving rights and the right to make publicly accessible (also for use on mobile devices such as mobile phones, iPod, etc.); the granting of rights extends beyond the user relationship. This granting of rights applies to lawful content that does not infringe on third-party rights. The user assures that all data uploaded by them originates from them or that they have obtained the necessary rights for it. The user guarantees that the content uploaded by them is free from third-party rights (in particular, copyright and trademark rights to text and image contributions as well as personality rights of depicted or otherwise presented persons). They shall indemnify Kosmos Verlag and Kosmos & You from all claims of third parties asserted against Kosmos Verlag or Kosmos & You or their vicarious agents due to the content (comments, discussion contributions - in any form, such as text or image - etc.).
7.2 Kosmos Verlag and Kosmos & You expressly point out that the uploaded content originates from the respective users mentioned and exclusively reflects the personal opinion of the respective user. Kosmos Verlag or Kosmos & You has no influence on the content of the contributions uploaded by the users. An editorial review or editing of the content by Kosmos Verlag or Kosmos & You does not take place. Kosmos Verlag and Kosmos & You each reserve the right to remove offensive content or content that violates applicable law, in particular defamatory, violence-glorifying, racist, or other content, from the website.
7.3 Users cannot delete posts once they have been uploaded. However, they can contact Kosmos Verlag or Kosmos & You and request deletion. The deletion of the post is at the discretion of Kosmos Verlag or Kosmos & You. This also applies after termination of registration.
8. Trademark and Copyrights
8.1 "KOSMOS", "Die drei ???", "Die drei ??? Kids", "Die drei !!!" as well as license brands of our partners are registered trademarks. Logos and other distinctive signs are further protected by trademark law. The use of these designations or the associated logos is only permitted with prior written consent from Kosmos Verlag.
8.2 Furthermore, the content of the Kosmos Verlag and Kosmos & You websites, especially photos, are protected by copyright. Kosmos Verlag and Kosmos & You hold the respective usage rights for content posted by themselves. Therefore, this content may not be reproduced or used in any other way, except for private purposes. Publication requires the prior consent of Kosmos Verlag or Kosmos & You. All content may not be copied, sold, lent, or otherwise reproduced or distributed without the express written permission of Kosmos Verlag or Kosmos & You.
8.3 The unauthorized reproduction or dissemination of individual content or entire pages outside of these regulations or the statutory exceptions (e.g., in copyright law) is not permitted and is punishable.
9. Data Protection
9.1 Kosmos Verlag and Kosmos & You attach the utmost importance to the protection of your privacy. This applies particularly to the processing of your personal data. Personal data collected by Kosmos Verlag within the framework of this website/for registration or by Kosmos & You for the use of the online shop will only be stored and processed within the framework of legal regulations. According to Section 3 of the German Federal Data Protection Act (BDSG), personal data are individual details about the personal or factual circumstances of a specific or identifiable natural person. This includes, among other things, name, address, telephone number, and date of birth. Personal data may be collected when you order products via the Kosmos Verlag websites, as well as when registering for newsletters and participating in competitions, etc.
9.2 The servers of Kosmos Verlag and Kosmos & You comply with the latest technology; however, the user is aware that there is a risk that transmitted data may be intercepted during transmission. This applies not only to the exchange of information via email that leaves the system but also to all other data transmissions.
The complete privacy policy can be found here.
10. Google Analytics
This website uses Google Analytics, a web analytics service provided by Google Inc. (“Google”). Google Analytics uses so-called “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 this website will usually be transmitted to and stored by Google on servers in the USA. In case of activation of the IP anonymization on this website, your IP address will be truncated 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 server in the USA and truncated there. On behalf of the operator of this website, 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 to the website operator. The IP address transmitted by your browser as part of Google Analytics will not be merged with any other data held by Google. You may refuse the use of cookies by selecting the appropriate settings on your browser; however, please note that if you do this, you may not be able to use the full functionality of this website. You can also prevent Google from collecting the data generated by the cookie and related to your use of the website (including your IP address) and from processing this data by Google by downloading and installing the browser plug-in available under the following link (insert link here. The current link is: tools.google.com/dlpage/gaoptout. In view of the discussion about the use of analysis tools with full IP addresses, we would like to point out that this website uses Google Analytics with the "_anonymizeIp()" extension and therefore IP addresses are only processed in truncated form to exclude direct personal reference.
11. Final Provisions
11.1 The law of the Federal Republic of Germany shall apply. The application of the UN Convention on Contracts for the International Sale of Goods is excluded.
11.2 The place of jurisdiction is Stuttgart, provided that the user is a merchant or does not have a residence in Germany.
11.3 Should individual provisions of these Terms of Use be wholly or partially ineffective, this shall not affect the validity of the remaining provisions.
11.4 These Terms of Use and other data of the user relationship will be stored by Kosmos Verlag or Kosmos & You after the conclusion of the contract. The General Terms and Conditions/Terms of Use are available in their current form under the URL www.kosmos.de. The German version is exclusively authoritative for the interpretation and application of these General Terms and Conditions.