Terms of Use
We have contacted you with regards to your photo/video 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 ("**cosnova", **"we", "us") and selected sales and media partners ("partner companies") use the photo or video ("recording") you have posted within your social media accounts in accordance with these Terms of Use and that you waive any remuneration and other consideration for this. The use of your recording is governed exclusively by these Terms of Use. Deviating terms and conditions of use, for example from the third-party service providers used by us, do not apply in this respect.
By returning the hashtag #myessence, you also confirm that you can view our privacy policy at
have taken note of this.
Granting of rights of use: You grant cosnova the worldwide, free-of-charge, non-exclusive and transferable right to use the recording in any way, including but not limited to its websites, social media presences, promotional emails (e.g. newsletters) and advertising media and for all other measures for marketing, promotion and advertising in all currently known and future media (“licence”) without an obligation to use them. In particular, we may host, use, reproduce, make publicly accessible, reproduce, distribute, send, edit, connect to, modify and/or modify the Recording in any way without any obligation to you, in particular without your consent.
The licence continues to apply until the recording has been completely deleted. You can revoke the licence at any time and have the recording provided to us deleted by contacting us at info@cosnova.com. If we delete a recording on our websites or social media accounts, it is still possible that copies of the recording will still be available if an immediate deletion is not possible due to technical restrictions, in particular because your recording has already been used by others in accordance with this licence and they have not deleted it (in this case this licence will apply until the content is deleted).
Consent to use your name and other information: You give us consent that we may use your user name, your actual name, your image and appearance, your caption, your place of residence and other identifying information in connection with any use of your recording (without being obligated to do so).
Your obligations and warranties: You hereby represent and warrant
(i) that you have all rights to and in connection with the Recording in order to grant us the rights of use to the extent specified above;
(ii) if the Recording concerns third party rights, that you have obtained all necessary licenses, rights, consent forms and other consents to publish the Recording and to obtain the rights granted in accordance with these Terms of Use, including the consents of all persons depicted on the Recording;
(iii) that you are over 18 years of age and otherwise legally competent;
(iv) that you are entitled to post the Recording and that by using the Recording as set forth herein, we do not infringe any rights, including but not limited to copyrights, trademark rights, personality rights and/or the right to one’s own image or other special property rights of a third party; and
(v) that the recording does not contain any unlawful content, in particular not defamatory, defamatory, obscene, sexually explicit, pornographic, abusive, sexist, harassing, threatening, sedentary, racist, discriminatory or offensive
In the event that you do not comply with your assurances and warranties, you are obliged to compensate us for the resulting damage and to indemnify us from resulting claims of third parties.
Responsibility for content: You are responsible for every shot you post. You are legally liable for the recording that you post, including, e.g., for materials that are protected by copyright, trademark right, personal rights and/or the right to your own image or other third-party property rights or as a business and trade secret or by other special intellectual property rights, including the lack of consent of the creator, owner or depicted person or – in the case of defamatory declarations – of the data subject. In the event of infringements of third-party rights, you are liable yourself.
Leave of absence: You indemnify us against all claims of other customers and third parties directed at payment that are asserted against cosnova due to infringements by the acceptance and/or their use. You pay all reasonable costs incurred by us on first request resulting from such a violation of the law. This includes in particular the necessary costs of legal defence. This does 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 due to simple negligence, irrespective of the legal reason, is limited as follows:
(i) cosnova shall be liable in the event of a breach of essential obligations arising from the contractual obligation, limited in amount to the contractually typical, foreseeable damages;
(ii) cosnova shall not be liable for simple negligence otherwise.
The aforementioned limitations of liability do not apply to (i) damages to life, body and health as well as (ii) damages caused by intent or gross negligence of cosnova or its legal representatives or vicarious agents. In addition, these limitations of liability do not apply if and to the extent that we have assumed a guarantee.
*Other These Terms of Use are subject to German law.
If you act as a merchant, the exclusive place of jurisdiction for all disputes arising from or in connection with this contract is Frankfurt/Main, Germany.
If any provision of these Terms of Use is invalid or unenforceable, this shall not affect the remaining provisions of these Terms of Use, which shall remain valid and enforceable.