Terms of Use
We have contacted you with regard to your photo submitted to (posted within) your social media accounts to request further rights of use within our communication channels.
By replying with the hashtag #myessence you agree that cosnova GmbH, Am Limespark 2 in 65843 Sulzbach (Germany) (“cosnova”, “we” or "us") use the photo you have posted within your social media accounts (“Photo”) in accordance with these Terms of Use and that you waive on any remuneration and other consideration. The use of your Photo is governed exclusively by these Terms of Use. Deviating terms of use, such as those of involved third-party service providers, shall not apply in this respect.
Further, by replying with the hashtag #myessence you confirm that you have acknowledged our privacy policies available at
Granting of rights of use: You grant to cosnova the worldwide, royalty-free, non-exclusive, transferable right to use the Photo in any manner to be determined in cosnova´s sole discretion, including but not limited to on its websites, social media pages, promotional emails (e.g., newsletter) and advertisements, and in other marketing, promotional and advertising initiatives, in any media now or hereafter known (“Licence”), however, with no obligation to actually make any use of such Licence. We may, in particular, host, use, display, make publicly available, reproduce, distribute, transmit, create derivative works from, combine with other materials, alter and/or modify your Photo in any manner in their sole discretion, with no obligation to you whatsoever, in particular without your consent.
The License continues to be valid until the photo has been completely deleted. You can withdraw the License and have the photo provided to us deleted at any time by contacting us at info@cosnova.com. If we delete an image from our websites or social media accounts, it may be that copies of the Photo may exist if immediate deletion is not possible due to technical limitations, in particular because your Photo has already been used by others in accordance with this License, which have not deleted it (in which case this license will apply until the content is deleted).
Permission to use your name and other information: You grant us permission to use your username, real name, image, likeness, caption, location or other identifying information in connection with any use of your Photo (without any obligation to do so).
Your obligations and warranties: You hereby represent and warrant that
(i) you own all rights in and to the Photo in order to grant us the rights of use to the aforementioned extent;
(ii) if the Photo is subject to third party rights, you have all necessary licenses, rights, consents, and permissions to publish the Photo and to grant the rights granted in accordance with these Terms of Use, including permission from all person(s) appearing in your Photo
(iii) you are over 18 years of age and fully legally competent in any other respect;
(iv) you are legally entitled to post the Photo, and cosnova’s use of your Photo as described herein will not violate the rights, including but not limited to copyright, trademark, privacy, publicity or other proprietary or other rights of any third party; and
(v) the Photo does not contain any unlawful materials, in particular is not libellous, defamatory, obscene, sexually explicit, pornographic, abusive, indecent, threatening, harassing, hateful, racist, discriminatory or offensive.
In the event, you do not comply with your representations or warranties you are obliged to compensate us for any resulting damages and to indemnify and hold us harmless from any resulting claims of third parties.
Responsibility for contents: You are responsible for any Photo that you submit. You are legally liable for the Photo that you submit including, for example, material protected by copyright, trademark, patent or trade secret law or other proprietary rights laws or lack of the permission of the creator, the owner or person depicted or – defamatory comments – of the subject featured in such submission.
Indemnification: You shall indemnify and hold us harmless against all claims for payment by other customers and third parties that are asserted against cosnova- due to infringements of rights by the Photo and/or its use. You shall pay, upon first request, all reasonable costs incurred by cosnova resulting from such an infringement. This includes, in particular, the necessary costs of legal defense. This shall not apply if you are not responsible for the infringement. Other claims on our part remain unaffected.
Limited liability of cosnova: The liability of cosnova for damages caused by slight negligence, irrespective of its legal ground, shall be limited as follows:
(i) cosnova shall be liable up to the amount of the foreseeable damages typical for this type of contract due to a breach of material obligations under this contract;
(ii) cosnova shall not be liable due to a slightly negligent breach of any other duty of care applicable.
The aforesaid limitations of liability shall not apply to (i) damages of life, body or health, or (ii) if caused by or deliberate intent or gross negligence of cosnova or their legal representatives or vicarious agents. In addition, such limitations of liability shall not apply if and to the extent we have provided a specific guarantee.
Miscellaneous: These Terms of Use are governed by German law.
You are acting as a merchant, the exclusive place of jurisdiction for all disputes arising from or in connection with this agreement shall be Frankfurt/Main, Germany.
If any provision of these Terms of Use is invalid or unenforceable then this will not affect the remaining provisions of these Terms of Use which will continue to be valid and enforceable.
