Terms and Conditions of the findd.de - designfanatics UG (limited liability)

Version 1.1.1 - last update: February 10th, 2020

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1. Scope

These terms and conditions (hereinafter referred to as "TOS") regulate the rights and obligations with and during the use of findd.de - designfanatics UG (limited liability). They also contain information on DATA PROTECTION (Section 8). We contradict the validity of conflicting terms and conditions. Your contractual partner regarding to processing and brokerage is findd.de - designfanatics UG (limited liability) (hereinafter "designfanatics UG (limited liability)" or "we"). You can find more detailed information about us in our legal notice.

2. Registration, findd.de - designfanatics UG (limited liability) offers

2.1

Our offers are open to you as a user. In connection with your registration with findd.de - designfanatics UG (limited liability), you conclude a usage contract for the use of findd.de - designfanatics UG (limited liability) functions for the purpose of providing services, which for you with the access data you have selected (user name and password) are accessible.

2.2.

Based on this license agreement, you can agree with us the use of other findd.de - designfanatics UG (limited liability) offers. The services, technical requirements and, if the offer is paid, prices for the services you have selected can be found in the respective service description, which we will show you before the contract is concluded. You will find the service descriptions of the findd.de - designfanatics UG (liability limited) offers you use after conclusion of the contract in the "Settings" area.

2.3.

The usage contract begins with the activation of the access data you selected by us and is concluded for an indefinite period. The license agreement is not transferable.

2.4.

When registering, you are obliged to provide correct and complete information, about your identity, email address and company (if available). Throughout the registration process, there may be further details regarding your address, your bank details and other information.

We can request that you immediately provide us with documents proving the information you have provided.

2.5.

Even during the term of your contract, you must always keep the information and documents you provide up to date. You can make the necessary changes using the functions provided by us.

3. Your access data

3.1.

You may not pass on your access data to third parties. You are permitted to pass them on to your employees for official purposes. Make sure that your employees observe these general terms and conditions.

3.2.

Together with your e-mail address, please choose a password that is as secure as possible. The registration mask allows you to calculate the security of your password based on the length of the password, the number of symbols, numbers and characters. Please take the necessary measures to protect your password against unauthorized use. Therefore, please do not reveal your password to anyone. Our service staff will not ask you for your password and will not be able to see your password.

3.3.

Inform our customer service immediately if you have the impression that third parties are using your access data without authorization. If there is reason to suspect that your access data is being used by third parties, we may take the necessary measures and temporarily block or close access. If third parties make unauthorized use of your access data due to your fault, you must compensate for the resulting damage and pay any usage fees incurred.

4. Information and communication

With successful registration, electronic communication between the user and findd.de - designfanatics UG (limited liability) begins. By registering, you agree for contractual purposes, any notifications, consents, publications and other communication that we communicate to you electronically insofar as they do not require a written form, unless mandatory legal regulations require another form of communication, sent electronically and may be received.

4.1.

We will inform you about the topics of interest to you in connection with the use of our services, for example via our newsletter. We are also happy to answer your questions via our contact form. You can switch off the newsletter in your customer account at any time.

4.2.

Up-to-datedness of electronic communication channels
You will receive important information about your contract from time to time. We usually send this information by email to the email address you provided. It is therefore important that you keep your email address up-to-date and regularly check your email account for incoming messages.

5. Usage

5.1.

We endeavor to avoid restrictions, impairments, disconnections or other restrictions on the use of the services, insofar as this is technically possible. Please note that we cannot completely exclude such restrictions with the current state of communication technology. This applies to content and transmission channels that are beyond our control. For restrictions for which we are responsible, our liability is based on these terms and conditions.

5.2.

The maintenance and further development of our services impose temporary usage restrictions. We make sure that they remain within a reasonable range for you

5.3.

To protect our systems and third parties from harmful programs and content such as viruses, trojans or spam e-mails, we can use technical protective measures. This includes, among other things, the use of filter systems, insofar as such is appropriate, to protect the telecommunications and data processing systems.

6. Service provision, billing, direct debit, revocation

6.1.

Service provision and calculation
We will always notify you in advance if a service is chargeable. In this case we will inform you in advance of the prices and features, which differ on findd.de - designfanatics UG (limited liability) in " findd Basic" as a free version of the page usage and in " findd Plus" the other properties of the page are activated and For a certain fee, a detailed list of the extensions can be found on findd.de - designfanatics UG (limited liability). Other chargeable services, such as the purchase of further projects for the user profile, can be purchased on the profile page. Here you will also find further information about the pricing of the individual packages.

6.1.1.

The payment for the " findd Plus" membership of findd.de - designfanatics UG (limited liability) is used for the continuous further development of the company in terms of optimizing our web portal regarding offering, expanding functionality, and for maintaining and maintaining the company.

6.2.

Accounting
Due to the very high security requirements on the part of findd.de - designfanatics UG (limited liability), we have chosen the following from our point of view as suitable payment services for our customers: „Stripe“ (Stripe Payments Europe, Ltd.) and „PayPal“ (PayPal (Europe) S.à r.l. et Cie, S.C.A. ("PayPal")). This and the cooperation with findd.de - designfanatics UG (limited liability) can guarantee security for the user. The general terms and conditions for the payment services Stripe and PayPal are listed:

PayPal (Europe) S.à r.l. et Cie, S.C.A. ("PayPal") (Germany):
https://www.paypal.com/de/webapps/mpp/ua/legalhub-full?locale.x=de_DE

Stripe Payments Europe, Ltd. (Germany):
https://stripe.com/de/legal

6.2.1.

Evasion
We always want to be available to our customers as a secure business partner. If we determine that users avoid paying a fee or try to circumvent it, this is considered fee evasion and is strictly prohibited by us. Prices given in package descriptions (including "findd Plus") must correspond to the actual purchase price.

6.3.

Direct Debit
If you have given us your bank details, you revocably authorize us to collect the payment due for the use of services against payment by direct debit for the booked package (additional packages or "findd Plus"). Please make sure that your account has the necessary funds by this date.

6.3.1.

In the event of a delay in payment, we are entitled to demand reminder costs of 5 EUR. Outstanding amounts are subject to interest at a rate of 9 percentage points above the base rate during the delay.

If you have made a payment via a payment provider - " Stripe " or "PayPal" - the general terms and conditions of these providers apply. We will be informed immediately of late payments or incorrect information and will inform you of this.

6.4

Withdrawal
According to 312d BGB, the consumer has a revocation and a distance contract Refund policy. If you as a consumer have a contract to purchase one Complete the "findd Plus" package subject to a fee:

6.4.1.

Rights of withdrawal
You have the right to cancel this contract within 14 days without giving any reason.
The cancellation period is 14 days from the day of booking the "findd Plus" package. In order to exercise your right of cancellation, you must contact us (designfanatics UG (limited liability), Mehlsstraße 40b, 37308 Bodenrode - Westhausen, Tel: + 49160-91792267, email: [email protected]) by means of a clear statement by post or email Inform your decision to revoke this contract. To meet the cancellation deadline, it is enough for you to send your communication regarding the exercise of your cancellation rights before the cancellation period expires.

6.4.2.

Consequences of widrawal
If you cancel this contract, we must repay all payments we have received from you immediately and at the latest within 14 days from the day on which we received notification of your cancellation of this contract. We use our internal payment service provider for repayment, under no circumstances will you be charged fees for the repayment.

6.4.3.

Exclusion of the right of withdrawal
When concluding a contract for the purchase of findd.de - designfanatics UG (limited liability) packages "findd Plus", you expressly agreed that findd.de - designfanatics UG (limited liability) with the execution of the contract before the expiry of the clause 6.4.1 withdrawal period begins, and your knowledge confirms that you lose your right of withdrawal when you start executing the contract.

7. Your content

7.1.

As a contractor, we offer you the opportunity to present yourself and your company as part of the findd.de - designfanatics UG (limited liability) profile or as part of your offers. You can also place orders yourself as the client. For these purposes, you can integrate data, texts, images, soundtracks, video tracks.

7.2.

We claim rights of use or exploitation of your content.

7.3.

You must have the necessary rights for all content that you post or make available as part of our services. Before publishing content, please check whether you have the necessary rights.

7.4.

We are entitled to block content that you have posted if there is reasonable suspicion that this content violates legal provisions or these General Terms and Conditions or violates the rights of third parties. There is a reasonable suspicion if official or criminal investigations are being conducted against you for content that you have posted. We can continue to block until the suspicions have been resolved. We reserve the right to review and, if necessary, reject content that you post in publicly accessible areas.

8. Lawful use, blocking

8.1.

You may only use our services in a way or for purposes that do not violate these terms and conditions or applicable law or violate the rights of third parties. Please note in particular:

The distribution of terrorist, racist, pornographic, violence-glorifying or trivializing and immoral content is prohibited. It is also prohibited to disseminate information that affects or endangers children or adolescents in their development or upbringing or that violates human dignity or other legal interests protected by the Criminal Code. Furthermore, you may not call for crimes or create or disseminate instructions for crimes. It is forbidden to insult, harass, defame or threaten other users. Through your use, you must not infringe third-party copyrights, trademarks or other property rights. You may not distribute unsolicited bulk mailings.

8.2.

Unless expressly permitted by applicable mandatory law , you may not and may not request, support or authorize others to copy, change, retranslate, decompile software / functionalities or parts thereof provided by findd.de - designfanatics UG (limited liability), disassemble or otherwise falsify or create derivative works from it.

8.3.

If you culpably violate these terms and conditions or applicable law, we can take the necessary measures. In the event of minor violations, these may be limited to the indication that the general terms and conditions, legal provisions or the obligation to be considered have been violated. Serious violations can lead to the temporary or total blocking of individual services or your access, or even termination without notice. In the event of such a block, you are still obliged to pay the full remuneration up to now.

9. Verwendung Ihrer personenbezogenen Daten

9.1.

We use your personal data exclusively for the provision, use and billing of our services, unless further use of the data is required by law or with your express consent.

You can find details on the processing of your personal data in a separate data protection declaration, which you can access here. (GDPR)

10. Liability

10.1.

findd.de - designfanatics UG (limited liability) assumes no liability for the content of the materials to be created (e.g. content / text errors due to incorrect templates), insofar as these are supplied by the customer or third parties or for damage that is due to incorrect or incomplete Material from other service providers (e.g. creation of images / layout templates).

10.2.

Delays in delivery and performance due to force majeure and events which are beyond the sphere of influence of findd.de - designfanatics UG (limited liability) and which make performance significantly more difficult or impossible, e.g. B. strike, lockout, official orders, failures or disruptions in the area of the operators of the physical networks, findd.de - designfanatics UG (limited liability) is not responsible even with bindingly agreed deadlines. Such circumstances entitle findd.de - designfanatics UG (limited liability) to postpone the service by the duration of the disability plus a reasonable start-up time or to withdraw from the contract in whole or in part due to the part not yet fulfilled.

10.3.

Apart from the liability for the consequences of default, findd.de - designfanatics UG (limited liability) is only liable for damage if findd.de - designfanatics UG (limited liability) or one of its vicarious agents has violated an essential contractual obligation (cardinal obligation) in a manner that endangers the purpose of the contract and / or the damage is due to gross negligence and / or intent on the part of findd.de - designfanatics UG (limited liability) and / or one of its vicarious agents. If the culpable breach of an essential contractual obligation (cardinal obligation) is not grossly negligent or willful, the liability of findd.de - designfanatics UG (limited liability) is limited to such typical damage that findd.de - designfanatics UG (limited liability) at the time of Conclusion of contract were reasonably foreseeable. Claims for damages by the customer exceeding 5% of the net order value are excluded, unless there is intent or gross negligence.

10.4.

The liability for the properties of the findd.de - desginfanatics UG (limited liability) application guaranteed by findd.de - designfanatics UG (limited liability) remains unaffected. If the liability of findd.de - designfanatics UG (limited liability) is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents.

11. Contract term, termination of contract

11.1.

Contract term
The license agreement is concluded for an indefinite period.

11.2.

Termination of the contract
A link is available in the user account under Settings for deleting the account and the associated termination of the user contract with findd.de - designfanatics UG (limited liability) (delete account). As an alternative measure, you can also send us an email to the following address: [email protected]

The deletion of your account will then be confirmed by entering your password and the contract will be processed in our system after the account has been deleted.

All active contracts (" findd Plus") are terminated and terminated with immediate effect. It is not possible to reactivate these contracts. There are no further debits via our payment providers " Stripe " and "PayPal".

The account data is stored for 30 days in the findd.de - Designfanatics UG security system (limited liability). During this period, your data cannot be accessed by third parties. Your account, profile and published projects are no longer visible.

However, it is possible to reactivate the said account with a registration during this period.

11.3.

Please note that after the deadline you will no longer have access to our services with the data you have created. From this point on, reactivation is no longer possible.

11.4.

You have the option to delete your data immediately and to waive the 30-day period. Please contact us at [email protected] for an immediate deletion of your data.

11.5.

We have the right to terminate a contract concluded with you without notice if we can no longer be expected to adhere to the contract, if you culpably violate these terms and conditions or applicable law. The notice of termination is given by email to the email address you provided. With the effective termination of the usage contract for important reasons, all existing contractual relationships regarding the use of the functions of findd.de - designfanatics UG (limited liability) end.

11.6.

In the event of termination by us, you can only re-register for our offers with our express consent. findd.de - designfanatics UG (limited liability) users are not permitted to enable former findd.de - designfanatics UG (limited liability) users to whom we have given notice to use our services or products.

11.7.

Your right to terminate the contract for important reasons remains unaffected.

12. Fulfillment and jurisdiction

These general terms and conditions are subject to the law of the Federal Republic of Germany. The United Nations Convention on Contracts for the International Sale of Goods (CISG) does not apply.

13. Changes to the general terms and conditions, changes in services

We are entitled to change these terms and conditions at any time with future effect in compliance with the following procedure. We will inform you of the changes by email at least three weeks before the planned entry into force. You can object to the changes within three weeks of receiving the notification. If there is no objection or if you expressly agree to the changes, the changes will take effect at the notified date of entry into force. If you object within the deadline, the contract will continue under the previous conditions, with any amendments that may be required by law. Together with the proposed changes, we will inform you of your right to object, the deadline to be observed and the consequences of the objection or the expiry of the period.

14. Continuous improvement

We want to continuously improve our functionalities and general service. One measure is our proactive customer surveys, which we will send to you. Another option is the proactive information provided by you as a user and customer. Please send us an email with your suggestions to [email protected].

15. Contact

Information about our team, our philosophy and our contact details can be found in our current imprint: www.findd.de/imprint