1. General

1.1 These Terms of Use govern all reviews submitted by users (hereinafter referred to as "you") on www.dermasence.de regarding skin care products.

1.2 By submitting a review, you agree to these Terms of Use and confirm that you have personally used the product and that your opinion is based on your genuine experience. You further confirm that you have not received any payment or other compensation from a third party for submitting the review.

1.3 By submitting a review, you confirm that you are of legal age and have the legal capacity to provide such a review.

1.4 Medicos Kosmetik GmbH & Co. KG (hereinafter referred to as "we" or "the company") reserves the right to modify these Terms of Use at any time. Changes will be published on our website and will take effect immediately upon publication.
 

2. Responsibility for Content and Disclaimer

2.1 You are solely responsible for the content you submit. Ensure that your reviews are truthful, accurate, and not misleading.

2.2 You agree not to submit any content that violates legal provisions, including but not limited to trademark, design, patent, name, or copyright laws (particularly rights of use). Additionally, you must not violate competition law or infringe upon the rights of third parties, including personal rights, in any way. You agree to refrain from mentioning or providing information about products from other manufacturers.

2.3 Your review must not include any information about other websites, physical addresses, email addresses, contact details, phone numbers, or any other personal data.

2.4. You are prohibited from submitting unlawful content, including but not limited to content that is racist, sexist, offensive, defamatory, or otherwise illegal. You must also not violate any regulations regarding the protection of minors. Reviews must not include any public incitement to commit criminal offences or threats thereof. They must not instruct others to commit such offences, promote terrorist organizations, or incite hatred. Any depiction of violence in reviews is strictly prohibited.

2.5. Reviews must not include any promotional material, unsolicited emails or SMS messages ("spam"), chain letters, pyramid schemes, or other forms of advertising.

2.6. The content must not include any computer viruses, worms, or other potentially harmful software or files.

2.7.  You agree to indemnify the Company against all claims and demands made by third parties arising from your reviews or your failure to comply with the above representations/prohibitions. This includes all costs associated with legal defence and prosecution (including attorneys’ fees and court costs). You also agree to provide reasonable assistance at all times in defending against such claims and demands.
Any additional claims for damages by Medicos Kosmetik GmbH & Co. KG against you remain unaffected.
 

3. Limitation of Liability

3.1. Any liability of Medicos Kosmetik GmbH & Co. KG, including its representatives, employees, and agents, for damages arising from or in connection with product reviews, as well as for breaches of essential contractual obligations, is limited to cases of intent or gross negligence, to the extent permitted by law, regardless of the legal basis.

3.2. The company is not liable for technical faults or errors that occur during data transmission, nor for malfunctions in technical systems, incorrect content, data loss or deletion, or the presence of viruses. The company is not liable for translations generated by DeepL that appear on dermasence.nl, dermasence.it, and dermasence.com. Additionally, the company is not liable for the accessibility or downloadability of the information, software, and/or documentation on the company’s website(s), including the landing page, from locations outside Germany. If users access the company’s website(s), including the landing page, from outside Germany, they are solely responsible for complying with all applicable regulations under their respective national laws.

3.3.  This limitation of liability does not apply to damages arising from injury to life, body, or health caused by negligence on the part of Medicos Kosmetik GmbH & Co. KG, its legal representatives, or agents. It also does not apply to liability under the Product Liability Act.
 

4. Granted Rights of Use

4.1 By submitting a review, you grant Medicos Kosmetik GmbH & Co. KG a free, perpetual, worldwide, non-exclusive right to use, reproduce, distribute, publicly display, modify, and translate the content.

4.1.1 Rights to Use Texts and Images

4.1.1.1 You hereby grant Medicos Kosmetik GmbH & Co. KG the right to use the materials created as part of your review, including any copyrightable works or elements contained within, such as photographs, graphics, and texts, for an unlimited duration and worldwide, starting from the time of publication.

4.1.1.2 You grant Medicos Kosmetik GmbH & Co. KG exclusive rights of use for all known and unknown types of use of the content of the reviews (photos, texts, etc.) that you produce, without any spatial restrictions and for the duration of the statutory copyright. Medicos Kosmetik GmbH & Co. KG accepts the transfer of the above rights. This transfer specifically includes the following rights:
the right to reproduce, distribute, and edit the content; the right to produce derivative works, including by third parties, and to use the resulting materials; and the right to reproduce, distribute, publicly display the resulting materials, or make the content available on the company’s social media channels (social networks):
Instagram
Facebook
Pinterest
YouTube

and

on all other online channels and the company's website.

4.1.2 By thereby grant Medicos Kosmetik GmbH & Co. KG the right to share your content with third parties or allow third parties to use it. This includes, but is not limited to, partner companies and affiliated services.

4.2 The usage rights you grant are unlimited in scope, duration, and content. They are irrevocable, non-terminable, and may be sublicensed. These rights include permission for both commercial and non-commercial use of your content. This right also extends to all currently unknown but future forms of use, as permitted under Section 31a Paragraph 1 of the Copyright Act. This includes, but is not limited to, use for commercial purposes, advertising, and public relations. The rights granted also include, in addition to reproduction, distribution, public performance, and making the content available to the public, the right to modify or adapt the content and to create derivative works – also by third parties – including the use, reproduction, distribution, or public performance of the resulting works.

4.3. The user waives any claim to be credited as the author of the submitted content.
 

5. Review, Publication, Modification, and Deletion of Content/No Obligation of Confidentiality

5.1 Medicos Kosmetik GmbH & Co. KG reserves the right to decline publication, edit (including modifying or shortening), or remove submitted reviews if they violate the Terms of Use (specifically Sections 2.1–2.6) or are deemed unsuitable for other reasons.

5.2 The company is not obligated to review submitted content for potential legal violations (specifically those outlined in Sections 2.1–2.6), nor is it required to publish the content, and assumes no responsibility for the non-publication of reviews.

5.3 You may request the deletion of your reviews by contacting us via email at reviews@dermasence.com. We will handle such requests in compliance with applicable laws and our internal policies. Please note that we cannot guarantee the ability to process or delete reviews in every individual case.

5.4 You acknowledge that your review is not subject to any confidentiality obligations by Medicos Kosmetik GmbH & Co. KG or any third party.
 

6. Severability Clause/Written Form and Applicable Law

6.1 Should individual provisions of these Terms of Use be or become invalid or unenforceable, either at the time of their conclusion or thereafter, the validity of the remaining provisions shall remain unaffected.  The invalid or unenforceable provision shall be replaced by a valid and enforceable provision that most closely reflects the economic intent of the contracting parties as intended with the original provision. The above provisions shall also apply if the agreement is found to be incomplete.

6.2       Any subsidiary agreements must be made in writing.

6.3       German law applies.