General Terms of Use for the DB Marketing Portal

Status: 01/2022

§ 1 Scope

(1) Deutsche Bahn AG, Potsdamer Platz 2, 10785 Berlin (“DB”), provides a free online platform for DB’s corporate design and brand strategy at https://marketingportal.extranet.deutschebahn.com/marketingportal (“ DB Marketing Portal”).

(2) These General Terms of Use regulate the use of the DB marketing portal by registered users who work on behalf of DB ("users"). The private use of the DB marketing portal by consumers within the meaning of § 13 BGB is not permitted. Any use of the DB marketing portal is based exclusively on these General Terms of Use.

(3) DB reserves the right to supplement or adapt these General Terms of Use through further agreements with the user. These General Terms of Use supplement separate license agreements between DB and the user (in particular for the use of brands and company symbols as well as image material and fonts, including the DB Type font family). In the event of contradictions between these General Terms of Use and separate license agreements, the latter shall take precedence.

(4) DB is entitled to change these General Terms of Use as described below, provided this does not affect the respective main contractual obligations. DB informs the user about a planned change at least six weeks in advance by e-mail. The user can object to the change within six (6) weeks of receipt of the e-mail notification. If he does not do this, his consent shall be deemed to have been given. DB will expressly inform the user in the e-mail notification about the six-week period and the legal consequences of his silence.

§ 2 Offer of the DB marketing portal

(1) The DB marketing portal provides, among other things, the following content, information and files, each with usage and design instructions and functional functional solutions for retrieval and/or download (hereinafter collectively “content”):

- DB logos, signets, brands and company identifiers with instructions for use and placement;

- Layout and design elements, animations, icons, surface modules, color codes and visuals; and

- DB Type typography and font family.

(2) The purpose of the DB marketing portal is to ensure a uniform corporate image and experience of DB and the group companies associated with it within the meaning of §§ 15 AktG by implementing the corporate design and user experience specifications.

§ 3 Registration

(1) The use of the DB marketing portal is only possible after prior registration and activation by DB. Registration is free.

(2) There is no entitlement to registration or activation. DB reserves the right to refuse the registration of a user in individual cases without giving reasons.

(3) To register, the user must provide the required data (surname, first name, company, contact person at DB, e-mail address, country) and set their own password. By clicking on the "Register" button, the user agrees to the linked and expressly accepted data protection conditions and these also linked general terms of use and makes a binding offer to register. DB accepts the offer by activating the user's account after checking it and sending the user a corresponding confirmation email. With the activation, a user contract is concluded between the user and DB.

(4) The user is obliged to provide their data completely and correctly in the registration process and to inform DB of any changes.

§ 4 Rights and Obligations of the User

(1) The use of the DB marketing portal by users is limited to the purposes and duration of the underlying contract or service relationship with DB or one of its affiliated companies within the meaning of Sections 15 et seq. AktG. The usage, placement and design instructions are binding specifications that users must comply with when using content from the DB marketing portal as part of the provision of services for DB and the services associated with it within the meaning of Sections 15 et seq. AktG affiliated companies must always be observed. Content may only be used within the framework of the applicable license agreements and unchanged in terms of content and design.

(2) The user is obligated to immediately delete or destroy stored, printed or otherwise existing content of the DB marketing portal after the end of the order or service relationship.

(3) The user is obliged to keep his access data for the DB marketing portal (e-mail address and password) secret and not to pass them on to third parties. If the access data has been lost or if the user becomes aware that third parties have had unauthorized access to his access data, he must notify DB of this immediately.

(4) The user refrains from any use in connection with the DB marketing portal that violates applicable law or violates the rights of DB, companies affiliated with it within the meaning of §§ 15 ff. AktG or third parties.

(5) The user refrains from any use that is likely to impair the operation of the DB marketing portal or the software behind it. In particular, the user must not install any viruses or other malicious software.

(6) The DB marketing portal is available exclusively for use by employees of DB and its affiliated companies within the meaning of §§ 15 AktG and registered users. The user undertakes to treat the non-public content of the DB marketing portal confidentially. The user undertakes not to pass on the content of the DB marketing portal to unauthorized third parties, unless DB has expressly permitted this or the passing on or publication is covered by the contractual purpose of the underlying order or service relationship.

(7) The user can delete his account at any time by contacting DB using the contact options set out in Section 9.

§ 5 Rights of Use

(1) The content of the DB marketing portal is subject to copyright, trademark and design rights or other intellectual property rights. DB is the owner of these rights or has the corresponding rights of use.

(2) The respective authorization to use the content of the DB marketing portal, including content and scope, results from the license agreements to be agreed separately with DB or one of its affiliated companies within the meaning of Sections 15 et seq. AktG or from the applicable statutory provisions regulations. The user is not granted any rights to use the content of the DB marketing portal within the framework of these General Terms of Use or the registration of the user or the activation of the account in the DB marketing portal.

(3) DB reserves the right to revoke the rights to use the content of the DB marketing platform granted under a separate license agreement if the user violates these General Terms of Use.

§ 6 DB rights

(1) DB reserves the right to temporarily or permanently exclude users from using the DB marketing portal and to block access to it at any time, even after registration and activation, without giving reasons. This applies in particular if the user violates these terms of use. DB expressly reserves the right to take further legal action in such a case.

(2) DB does not guarantee that the content of the DB marketing portal is complete, correct and/or up-to-date or uninterrupted. DB is entitled at any time to change the content of the DB marketing portal, to carry out maintenance work on the DB marketing portal or to end operation in whole or in part.

§ 7 Liability

(1) DB is liable without limitation for intent and gross negligence within the framework of statutory liability, in particular the Product Liability Act, as well as for damage resulting from injury to life, limb and health of persons.

(2) For the rest, DB is only liable for simple negligence in the event of a breach of an essential contractual obligation, the fulfillment of which characterizes the contract and on which the user can rely and only for the foreseeable damage that is typical for the contract. This limitation of liability also applies to the vicarious agents of DB.

§ 8 data protection

The data protection regulations of the DB marketing portal apply.

§ 9 Contact

If you have any questions or comments about the DB marketing portal, please contact:

Deutsche Bahn AG

Potsdamer Platz 2

10785 Berlin

Email: marke@deutschebahn.com or marketingportal@deutschebahn.com

Phone:

§ 10 Final Provisions

(1) The law of the Federal Republic of Germany applies to the exclusion of the UN Sales Convention.

(2) The exclusive place of jurisdiction for disputes arising out of or in connection with these General Terms of Use is Berlin.