Dear Fashionfreax, If you would like to use our offers on our website www.fashionfreax.net as well as the various subdomains and aliases (hereinafter the website), we kindly ask you to read these TU thoroughly. With the use of the website you (hereinafter the user) accept these TU and agree to their validity.
In particular, non-registered members have the opportunity of accessing profiles as well as other areas of the website which mainly pursue the goal of becoming acquainted with the type of services offered on the website. Among other things the following services are currently provided free of charge on the website by FashionFreax independent of a registration according to section 4.1. and 4.2.:
- Viewing of styles by using search as well as sorting functions (for example according to rating, date, view, gender and country) as well as the viewing of rankings in which in each case the ten best ranked users within a group (hereinafter community) with similar interests are listed.
- Use of the "Fashion Map". With this map every user can, among other things, search for fashion schools, studios, showrooms or shops worldwide, which were entered by registered users or business accounts.
- Reading of the "News" in which current events and latest updates on the subject of fashion are presented as well as the "Blog News" which link the blogs from the various Fashionfreax country portals.
- Finding out about "events", i.e. specific, fashion-related happenings.
- Use of the search function.
No rights whatsoever of non-registered users are constituted by the utilisation of these opportunities. As far as applicable for non-registered users due to the limited extent of use, these TU also apply for non-registered users.
Furthermore, the following free services, among other things, are made available to registered users on the website by FashionFreax according to section 4.1. and 4.2.:
- uploading of profile information such as name (voluntarily), country of origin, user photo, additional styles (up to a max.of 2.5 MB), favoured designers, use of media or favourite shops.
- Uploading of news
- Sending of individual messages to other users
- posting of comments about and rating (awarding of points) of styles from other users for the linking ("friends") and administration of contacts as well as the acceptance of invitations of other users
- registering for and founding of communities
FashionFreax is entitled to entrust third parties with the provision of parts of or the complete services.
FashionFreax reserves the right to alter, limit or discontinue services made available according to 2.1.1 as well as 2.1.2 or after notification to only make contents available against payment which were so far made available free of charge. In this case, the General Terms and Conditions will regulate the relationship between the user and FashionFreax regarding services which are subject to a charge.
With the use of the website, particularly when using the services stated in section 2.1, no contractual relationship is concluded between the user and FashionFreax, in particular no consultancy or information agreement. In this respect there are also no contractual or quasi-contractual claims against FashionFreax or its partners or representatives. FashionFreax merely makes the platform for the provision and accessing of contents available.
The user is entitled to use the contents made available on the website for his/her private or own purposes. In particular, he/she is not entitled to pass on the contents or parts of the contents to third parties, to provide or enable third parties access to the contents for free nor for a fee or to sell the contents to third parties without the written consent of FashionFreax.
All contents and services which are made available on the website and to which the user is granted access are protected by industrial property rights (in particular copyrights, trademark and patent laws or other rights) and other statutory regulations and may only be used in the manner approved by FashionFreax in these TU. Copying, publishing or application - also in part - of the contents made available in other electronic or in printed publications is not permitted without the written consent from FashionFreax. The user is not entitled to alter or remove copyright notices, trademarks or similar information in the contents.
Should the user violate rights granted to him/her in connection with the website or ignore the existing limitations in this regard or should he/she be suspected of misusing the functions or contents made available, then FashionFreax is entitled to block the user's access to the contents at any time without prior notification regarding this fact, also temporarily until the cause has been eliminated as well as passing on information regarding the user and his/her behaviour to third parties provided that statutory regulations or judicial or official requirements call for this. In particular, the same applies in the event of a breach of the responsibilities stipulated in section 4, also particularly obligations. In the case of blocking, FashionFreax is not obligated to any duty of disclosure whatsoever. Furthermore, in the cases previously described and subject to the fulfilment of the legal requirements, FashionFreax is entitled to assert indemnity claims. In line with this indemnity claim, the user is obligated to exempt FashionFreax from such claims which third parties claim against FashionFreax due to the unauthorised use of the contents or other violations of their rights.
Should violations in terms of section 3.3 or suspicious facts regarding such violations become evident to the user, then he/she is obligated to immediately report this to FashionFreax using the so-called StylePolice provided that it is not a matter of self-induced violations.
Should the user be misusing the website or be in breach of his/her obligations constituted by these TU and should this occur by means of a publication of texts or images or other contents or a linking by the user, then FashionFreax is, apart from or instead of the blocking in terms of section 3.3., entitled to remove the contents under the terms stated in section 3.3. Should such contents or links, in particular those described in section 4.3.6, nevertheless be discovered, this neither represents toleration nor identification as regards content by FashionFreax.
Every user may only register once and may only create one member profile. The user ensures that all information he/she provides during registration for the use of the website as well as in the section "My profile" such as name (voluntary), country of origin, email address etc. for example are true, complete and not misleading. In particular the user also ensures that the classification as "User" or "Designer" is correct. Furthermore, the user assures to be at least 14 years of age, sufficiently able to reason regarding consequences of his/her actions on the website as well as be authorised by his/her legal guardian or - in particular if registered as a designer - to be of full age and of full legal capacity. The user is obligated to immediately update respective settings in the section "My profile" should alterations of his/her registration or other data which regards him/her occur which are connected with the use of the website.
The user is obligated to determine a secure password. When selecting a password it should be observed not to choose a word which can be easily guessed. All passwords are problematic which can be tested by an attacker, trivial keywords such as "ABC" or keyboard sequences (e. g. "qwert" or "asdfgh"), all types of names (persons, cities, buildings and so on), backwards spelling of names (retep, reteP,...), dates of birth, telephone numbers, common abbreviations, etc. The user name provided during registration, the so-called "Nick" will characterise entered styles, the profile of the user, news, events, positions in rankings, sent messages, comments and ratings and so on. It may not violate any rights of third parties, in particular their right to a name and not dupe or suggest any false identities. Furthermore, the user guarantees to keep his/her nick as well as password for the access to use the website confidential, in particular not to pass them on to third parties or to enable third parties to access them. FashionFreax is to be immediately informed in the event of misuse by third parties or loss of this information or a respective suspicion.
Moreover, the user is obligated not to use the website as well as the contents made available as well as the functions made available in a manner which abuses legal rights. In particular this includes the following obligations:
The user is solely and unconditionally legally responsible for any contents which he/she provides, in particular for styles, news and events as well as image and text material including comments on and ratings of contents made available by other users. The user guarantees that with the provision of contents he/she does not violate the statutory regulations regarding the protection of minors, personal rights or other third party rights. This particularly applies to the comments and ratings he/she provides as well as the components of the section "My profile"; there in particular in addition to the picture elements also the word elements including the user name. In particular until the time of uploading the user has the right of making publicly available according to Â§ 19a UrhG (German Copyright Act) regarding all works, so in particular both in regard to provided news as well as in regard to provided image files, so the right to make the work accessible to the public wired or wireless in a manner which make it accessible to the members of the public from locations and at times of their choice. Furthermore, the user ensures that he/she solely uploads his/her own work on the website in the News section in terms of the German Copyright Act. At the most, the user may activate links to the work of other persons. Provided that the user quotes works of third parties in line with the preparation of his/her news or in other sections or provided that he/she presumes another copyrighted legitimacy, makes external copyrighted works or parts of third party works available, he/she is to indicate this accordingly and is to conform with the obligation of indicating the source in terms with the German Copyright Act.
The user does not interfere with any rights of third parties with the provision or transmission of news or styles or other contents, in particular not with the right of the established and practised business of companies (Â§ 823 BGB - German Civil Code). Before passing on external works by means of linking or citation, every user, whether private or commercial consumer, must subject these to a validity check. In the event of absent validity the user is to refrain from a provision on the website or a citation.
Furthermore, the user guarantees that provided image elements solely represent the natural person conducting the registration process or other persons who have agreed to the publication of the image on the Internet and who have assigned the respective rights for use to the user. The profile photograph may neither solely display non-existing persons or beings nor solely persons other than the user him-/herself nor display additional relevant elements as for example company logos. The latter does not apply for users registered as "Designers". Nude photographs, obscene or pornographic image elements as well as edited image elements may not be provided.
The user acting on behalf of a company ensures that he/she is authorised to register on the website on behalf of the company indicated in the registration process and to make use of this. Furthermore, he/she is obligated to immediately terminate the existing accommodation relationship with FashionFreax in the occurrence of the lapse of this authorisation according to section 5 or in continuation of the accommodation relationship and the continuous confirmation of the authorisation to assign it to another company.
The user refrains from any action which is capable of influencing the functionality of the infrastructure of the website, in particular to overly strain it. In particular he/she ensures that the scripts and programmes he/she provides are not afflicted with errors or viruses which are capable of interfering with the service provision of FashionFreax.
The user is obligated to only use the website and its publication and contacting functions for legally permissible and not for the following purposes:
- so-called spam, so-called cold calling as well as other unacceptable annoyances according to Â§ 7 of the Act Against Unfair Practices (German: UWG),
- sending of chain letters,
- improper collection, storage or transmission of individual-related data of a user, in particular for the purpose of use it for address trading,
- any use connected with actions or information which have penal relevance,
- implementation, promotion and facilitation of structural marketing operations (such as multi-level marketing or multi-level network marketing) or
- insinuating or sexually characterised communication (explicit or implied).
Furthermore, the user guarantees factual reference to the fashion sector in connection with the use of all functions and services of the website, in particular when publishing his/her own or circulating references to external works (link setting) as well as when establishing contact to other users. Furthermore, in this connection the user commits to actions which neither conflict with the statutory regulations of the Federal Republic of Germany nor provoke conflicts with other users or third parties. He/She altogether avoids offensive expressions of opinion and / or inaccurate statements of fact, racist, pornographic, other inhuman or otherwise immoral postings or rather links to such contents. The user declares not to use the website as a platform for the promotion of merchandise or services of all kinds unless he/she is registered as a designer.
The user commits him-/herself to only exercise the opportunity of inviting third parties to get acquainted via emails sent through the website in consideration of the interests of this third party. Should it be apparent to the user that the third party has a legally protected interest in not receiving such an email, the user is obligated to refrain from using this opportunity in regard to this third party as long as this interest exists.
With the uploading of any contents the user grantsFashionFreax a basic, also in consideration of a possible termination of the accommodation relationship or the alteration of the contents by the user or the deletion from the profile or of the profile, free right of use throughout the universe in perpetuity for the use in all media (online and offline, so in particular according to § 16, 17 and 19a UrhG - German Copyright Act).
The term of the accommodation relationship commences also in regard to the use of accessible contents without registration with the use itself; in regard to the use of contents depending on registration in each case it commences on the day the registration process is concluded and is in force indefinitely. The accommodation relationship can be terminated by either side at any time. On the part of FashionFreax such a termination is effected in particular with the blocking of the account according to section 3.3 unless a blocking is only specifically effected temporarily until a remedy for the cause takes place by the user after the request by FashionFreax. A discontinuation of the website equals a termination of the individual accommodation relationship, the termination of the free provision of a service according to section 2.1.1 of the partial termination of the accommodation relationship. In the last-mentioned case the accommodation relationship persists in regard to the still existing free services. A termination of the accommodation relationship by the user is conducted by the undertaking of the act of deletion by the user in his/her section "My profile".
toÂ§Â§ FashionFreax explicitly points out to the user that it obtains data and information from third parties, private persons as well as companies. A constant and concluding inspection of the information and data made available is not possible alone due to the real-time mode of the website. However, the conducted inspection measures can at best be conducted randomly due to the multitude of the supplied information and data and the constant updating. Therefore, FashionFreax does not guarantee the accuracy, completeness, legitimacy and up-to-dateness of the data and information obtained from third parties. FashionFreax does not identify itself or solidarise with expressions of opinions or statements of fact of the users on the website and does not adopt these as its own. The same applies for links and banners and the contents available from them, whether these are provided by users or by FashionFreax itself.
In principle the use of the website is available to the user at any time. However, an entitlement of access does not appertain to the user. Therefore, FashionFreax reserves the right to limit the availability or, in particular due to technical reasons (maintenance and servicing), to interrupt it for a temporary period of time. Although FashionFreax aims at keeping the contents available at all times, no liability can be assumed in this regard. This applies in particular for services which are obtained from third parties. Furthermore, the quality of the access to the Internet and the data communication on the Internet is dependent on downstream data cables on which FashionFreax has no influence and therefore, can also not assume any liability. In particular, FashionFreax does not assume liability for disturbances of the quality of the access to the Internet and the data communication on the Internet due to force majeure and due to occurrences which FashionFreax is not responsible for and which significantly complicate the services of FashionFreax or make them impossible.
FashionFreax can not reliably determine whether displayed identities in the section "My profile" correspond to the actual identity of the user and therefore does not assume any liability for the conformity of alleged and actual identity. Every user must therefore assure him-/herself of the identity of the other user.
the use of the website despite the contradictory provision 2.2 should lead to contract conclusion, only in the case of intent and gross negligence and excludes liability for slight negligence. Liability is also excluded in the event of slight negligence for remote subsequent and/or indirect damage. The preceding disclaimers and limitations of liability do not apply in the event of breach of fundamental contractual obligations, of life, health and body.
FashionFreax does not assume any liability for inaccuracies, error or delays as well as for absent information or their incorrect transmission nor for damage resulting herefrom. Liability for the functional capability of the services stated in section 2.1.1 and 2.1.2 and for damages which result from a lack of the functional capability can also not be assumed. In particular FashionFreax does not assume liability for occurrences which it cannot influence.
The user is personally liable for his/her contents. Liability by FashionFreax is excluded. Should damage result for FashionFreax due to the behaviour of a user, the user is then obligated to make up for this damage to FashionFreax or rather to preferentially prevent the development of damage by avoiding third party claims.
The contents of other websites
- to which FashionFreax (e.g. Buy-it button) or one of its users has activated links on the website,
- which in their Internet content have activated a link to the website, e.g. to an individual style by means of using a permalink or
- who link their own "Look and Feel" on the website, are not within the control of FashionFreax. Therefore, FashionFreax is neither responsible for the contents, the availability, the accuracy and the specificity of these websites nor for their offers, links or advertisements. Despite all efforts it is not always possible to completely clarify the origin and content of these websites. The contents of the websites on which FashionFreax is linked are fundamentally not object of the offer from FashionFreax unless otherwise separately indicated. FashionFreax assumes absolutely no liability for damages or obligations which are connected with the use of these websites. An obligation to assume liability would solely take place in the event that FashionFreax had been aware of the contents and it would have been technically possible and reasonable for FashionFreax to prevent the use in the event of illegal contents.
For quality defects, malfunction information or other complaints in the case of obligation according to section 3.4 or rather 4, the user must address an indicative email to FashionFreax. For information regarding quality defects the user is to use the email address, for information regarding violations of duty stipulated in 3.4 and 4 this email address applies.
The respective TU applicable at the beginning of the accommodation relationship apply. FashionFreax reserves the right to alter these TU. FashionFreax will inform the user of such an alteration in advance by means of online posting.
As far as legally permissible, place of fulfilment and jurisdiction for all disputes resulting from the accommodation relationship is Berlin. Solely German law is applicable, independent of the fact whether the supply of the contents made available by FashionFreax is effected nationally or abroad.
FashionFreax is entitled to assign individual or all rights and possibly constituted obligations from this contract to other affiliated companies.
If a provision of these TU is invalid, the remaining provisions remain unaffected thereof. The invalid provision is regarded as replaced by such a provision, which in a legally feasible manner economically represents the closest proximity to the spirit and purpose of the invalid provision. The same applies for possible omissions. Further information regarding authorised representatives and the summonable address can be taken from the imprint of the website.
The laws of the Federal Republic of Germany are always and exclusively applicable.
As per: 08/26/08