Terms of Service
I. Object of the agreement, amendements
§ 1 Object of the Conditions of Registration and Use
(1) Halbnerd UG (hereinafter referred to as the "Halbnerd") provides a platform www.youtrendit.com (hereinafter referred to as "youtrendit"), through which duly registered users can upload, search and and rate images. Users can create unique personal profiles, retrieve content available on youtrendit and use the other free-of-charge as well as chargeable services that are currently available on youtrendit based on the respective availability. Further information on the services can be found in the service description, § 8.
(2) The present Conditions of Registration and Use shall govern the provision of services by Halbnerd and the use of such services by you as a duly registered user.
(3) For information about Halbnerd, click here.
§ 2 Amendments to the Conditions of Registration and Use
Halbnerd reserves the right to amend these Conditions of Registration and Use at any time, with effect even within the existing contractual relationship. Halbnerd shall notify you of any such changes at least 30 calendar days prior to the scheduled entry into force of the amendments. If you do not object within 30 days of receipt of such notification and continue to use the services even after expiry of the objection period, the amendments are agreed to be effective from the expiry of such period. If you make an objection, the agreement shall continue under the previous conditions. In the notification of amendment, Halbnerd will advise you of your right to object and the consequences of such.
II. Registration on youtrendit, handling of access data, termination of registration
§ 3 Entitlement to Registration
(1) Use of the services available on youtrendit requires you to register as a user. There is no entitlement to registration. Halbnerd is entitled to reject registration requests without stating reasons.
(2) You are only permitted to register if you are an adult with full legal capacity. In the case of a legal person, registration must be carried out by a fully legally capable and duly authorized natural person.
§ 4 Your Registration on youtrendit
(1) Registration on youtrendit is free of charge. More information on the services offered can be found under § 8.
(2) The contact details and other information requested by youtrendit during the registration process must be fully and correctly indicated by you. When registering a legal person, the natural person duly authorized to represent the former is also to be indicated.
(3) After having provided all the required data, the latter will be checked by Halbnerd for completeness and plausibility. If the details are correct in Halbnerd's view and there are no other concerns in its view, Halbnerd will activate the access you requested and notify you of the same by e-mail. This e-mail will be considered acceptance of your request to register. Upon receipt of the e-mail, you will be authorized to use youtrendit under the present Conditions of Registration and Use. For such purpose, you must first confirm your activation by clicking on the link contained in the e-mail.
§ 5 Responsibility for Access Data
(1) In the course of the registration process, you will be requested to indicate a user name and password. With this data, you can log in to youtrendit after activation of your access and your confirmation pursuant to § 4 (3). It is your responsibility to ensure that the user name does not violate any third party rights, particularly any name or trademark rights, and that it is not contrary to the accepted principles of morality.
(2) The access data including the password must be kept confidential by you and not made accessible to unauthorized third parties.
(3) It is also your responsibility to ensure that your access to youtrendit and the use of the services available on youtrendit are limited to you or the persons authorized by you. If there is reason to fear that unauthorized third parties have gained or will gain knowledge of your access data, Halbnerd must be informed immediately. You will be liable in accordance with the statutory provisions for any use and/or other activity carried out under your access data.
§ 6 Updating User Data
You are required to keep your data (including your contact details) up to date. If, during the period of your registration, there is a change in the data indicated, you shall immediately update the details on youtrendit under your personal settings. If you are not able to do so, please inform us of your modified data by e-mail or fax.
§ 7 Termination of Registration
(1) You may end your legal agreement with youtrendit at any time for any or no reason by deactivating your account within your personal settings.
(2) When the termination takes effect, the contractual relationship shall end and you may no longer use your access. youtrendit reserves the right to block the user names and password when the termination takes effect.
(3) Halbnerd is entitled to permanently delete all data resulting from your registration after the termination has taken effect and after expiry of any statutory time limits for data provision.
III. Services and content
§ 8 Offer and Availability of Services
(1) youtrendit provides you with information and other services for temporary use. Such services may include, for instance, providing data, posts, image and sound documents, information and other content (collectively referred to as "content"), and the opportunity to create unique profiles and to connect with other users by writing personal messages. The content and scope of the services shall be governed by the respective contractual agreements and, in any case, by the respective functions currently available on youtrendit.
(2) The services available on youtrendit may also include third party services, to which Halbnerd only provides access. Provisions which are different or additional to these Conditions of Registration and Use may apply to the use of such services – all of which are indicated as third party services – and Halbnerd will inform you every time of updates or changes in regulations.
(3) In addition, the entitlement to use the services available on youtrendit shall only exist within the technical and operational capabilities of Halbnerd. Halbnerd shall strive for usability of its services that is as uninterrupted as possible. However, temporary restrictions or interruptions may occur due to technical disruptions (such as interruption of power supply, hardware and software errors, technical problems in the data lines).
§ 9 Changes to Services
Halbnerd is, at all times, entitled to change services provided on youtrendit, to make new services available free of charge or against payment and to cease provision of gratuitous services. Halbnerd will, in each case, take your legitimate interests into consideration.
§ 10 Content Protection, Responsibility for Third Party Content
(1) The content available on youtrendit is predominantly protected by copyright or by other protective rights and is the property of Halbnerd, of the other users or other third parties who have provided the relative content. The compilation of content as such is, if necessary, protected as a database or database property within the meaning of §§ 4 Par. 2, 87a Par. 1 of the German Copyright Act. You may only use such content in accordance with these Conditions of Registration and Use and within the framework prescribed on youtrendit.
(2) The content available on youtrendit derives partly from Halbnerd and partly from other users or other third parties. Content of users or other third parties is hereinafter collectively referred to "third party content". Halbnerd will not perform any checks on third party content for completeness, correctness and legality and therefore accepts no responsibility or liability for the completeness, correctness, legality and timeliness of the third party content. This also applies with regard to the quality of the third party content and its suitability for a particular purpose, and also as far as it concerns third party content of linked external websites. All content on youtrendit is third party content, except for the content which is marked with the copyright symbol of Halbnerd.
IV. Your use of the services on youtrendit
§ 11 Scope of the Permitted Use, Monitoring of the Usage Activities
(1) Your user authorization is limited to access to youtrendit as well as use of the services available on youtrendit under the provisions of these Conditions of Registration and Use.
(2) You are alone responsible for establishing the necessary technical requirements for contractual use of the services within your area of responsibility. Halbnerd does not owe you any advice in this regard.
(3) Halbnerd warns that your usage activities may be monitored to the extent permitted by law. This may also involve, if necessary, the logging of IP connection data and conversation histories as well as their evaluations in case of a concrete suspicion of a breach of these Conditions of Registration and Use and/or in case of a concrete suspicion of any other unlawful act or criminal offense.
(4) As a user of youtrendit you can report behavior and content that you consider to be a violation of youtrendit’s Terms of Service. Violations include: Spam, Nudity or Pornography, Graphic Violence, Actively promotes self-harm, Attacks a group or individual, Hateful Speech or Symbols or Other. The best way to report abusive content or spam on youtrendit is by using the Report link that appears near the content itself. When something gets reported to youtrendit, we'll review it and remove anything that doesn't follow the youtrendit’s Terms of Service. Please keep in mind that reporting something to youtrendit doesn't guarantee that it will be removed. You may see something you don't like on youtrendit that doesn't violate youtrendit’s Terms of Service.
§ 12 Creation of User Profiles
(1) Insofar as it is available as a function on youtrendit, you can customize your user profile according to your preferences within the framework of these Conditions of Registration and Use. We ask you to strictly observe the restrictions under § 15.
(2) Halbnerd usually does not perform any checks on the identity of the profile holder and the information contained in the profiles. Halbnerd therefore does not guarantee that each profile holder corresponds to the person whom that profile holder claims to be.
§ 13 Posting your own content
(1) Insofar as it is available as a function on youtrendit, you may post content on youtrendit and thereby make it available to third parties.
(2) By posting content, you grant Halbnerd a free of charge and transferable right to use the respective content, in particular:
– To store the content on Halbnerd's server as well as to publish it, in particular to make it publicly accessible (e.g. by displaying the content on youtrendit),
– To process and reproduce the content, to the extent necessary for the provision or publication of such content
– Granting rights to use for your contents to third parties – possibly in return for payment – in accordance with § 15.
Insofar as you remove the content you have posted on youtrendit, this shall void the right of use and exploitation previously granted to Halbnerd. However, we will retain the right to keep copies created as backups and/or for compliance purposes. The rights of use already granted to the users for the content already posted by you shall also remain unaffected.
(3) You shall be fully responsible for the content posted by you. Halbnerd will not perform any checks on the content for completeness, correctness, legality, updates, quality and usage suitability for a particular purpose. You declare and warrant to Halbnerd that you are the sole holder of all the rights to the content posted by you on youtrendit, or that you are otherwise authorized (e.g. with the effective permission of the copyright holder), to post content on youtrendit and to warrant the rights of use and exploitation according to the foregoing paragraph (2).
(4) Halbnerd reserves the right to refuse the posting of content and/or to process, block or remove content already posted (including private messages and guest book entries), without prior notification, insofar as the posting of content by the user or the posted content itself has resulted in a breach of § 15 or insofar as there is concrete evidence to suggest that a serious breach of § 15 will occur. Halbnerd will, however, take your legitimate interests into consideration and choose the least drastic means of defense against the breach of § 15.
§ 14 Right to Use for Contents Available on the Platform
(1) Unless it is not expressly permitted under these Terms of Service or unless any extended use is not expressly permitted on youtrendit or unless corresponding functionality (e.g., a download button) is not available on youtrendit,
– You may prompt and display the contents available on youtrendit online exclusively within youtrendit and for personal purposes.
– you are prohibited from editing, changing, translating, producing, presenting, publishing, exhibiting, copying or distributing the contents available on youtrendit in their entirety or in part. Likewise, you are prohibited from removing or changing copyright notices, logos and other trademarks or proprietary notices.
(2) You may download and print out contents only as far as the functionality of youtrendit provide downloading (e.g., a download button) and printout options. For each of your properly downloaded contents and/or proper printouts thereof, you are granted an unlimited non-exclusive right to use for your own, non-commercial purposes. Apart from that, any and all rights to the contents remain with the original rights owner (Halbnerd or the respective third party).
(3) Your statutory rights (including copying for private and other personal use according to Sec. § 53 German Copyright Act) shall remain unaffected thereof.
§ 15 Prohibited Activities
(1) Services available on youtrendit are exclusively designated for non-commercial purposes for its users. You are prohibited from using any of these services directly for commercial purposes or in connection thereto, unless you have been expressly granted written permission by Halbnerd for such use. Prohibited use for commercial purposes specifically includes the following:
– Any offers and promotions of contents, services and/or products against payment, including both your own and those of third parties,
– Any offer, promotion and implementation of activities with a commercial background such as promotional contests, raffles, swaps, ads or pyramid schemes, and
– Any electronic or other collection of identity and/or contact data (including e-mail addresses) of members (e.g., for spamming purposes) or any other data available on the platform.
(2) You are prohibited from any activities on or in connection with youtrendit which are in breach of applicable law, which violate third party rights, or which are in breach of the principles of youth protection. In particular, you are prohibited from the following acts:
– Posting, distributing, offering and promoting pornographic content, services and/or products which are in breach of youth protection laws, data protection law and/or other laws and/or which are fraudulent in nature;
– Using content which causes other users or third parties to be offended or slandered;
– Using, supplying and distributing content, services and/or products which are protected by law or encumbered by third party rights (e.g. copyrights), without being expressly authorized to do so.
(3) Furthermore, independently of any possible breach of the law, when posting your own content on youtrendit and when communicating with other users (e.g. by sending personal messages, participating in discussion forums or writing guest book entries), you are prohibited from the following activities:
– Spreading viruses, Trojans and other harmful files;
– Sending junk or spam mail as well as chain letters;
– Spreading lewd, offensive, sexually explicit, obscene or defamatory content or communication, as well as such content or communication that is capable of promoting or supporting (either implicitly or explicitly) racism, fanaticism, hatred, physical violence or unlawful acts;
– Harassing other users, e.g. through repeated personal contact without or contrary to the reaction of the other user, as well as promoting or supporting such harassment;
– Exhorting other users to divulge passwords or personal data for commercial or illegal/unlawful purposes;
– Distributing and/or publicly communicating content available on youtrendit, insofar as this is not expressly permitted by the respective copyright holder or explicitly made available as a function on youtrendit.
(4) You are also prohibited from any act which is capable of impairing the smooth operation of youtrendit, particularly placing excessive strain on Halbnerd's systems.
(5) Should you become aware of a use of youtrendit which is illegal, abusive, in breach of contract or otherwise unauthorized, please contact Halbnerd. Halbnerd will then investigate the matter and, if necessary, take appropriate action.
(6) If there is a suspicion of unlawful or criminal acts, Halbnerd is authorized and possibly also obliged to check your activities and, if necessary, to initiate appropriate legal action. This may also involve filing a lawsuit to the public prosecutor’s office.
§ 16 Blocking Access
(1) Halbnerd can temporarily or permanently block your access to youtrendit if there is concrete evidence to suggest that you are in breach of, or have breached, these Conditions of Registration and Use and/or applicable law, or if Halbnerd has another legitimate interest in blocking your access. In deciding whether to block, Halbnerd will adequately take your legitimate interests into consideration.
(2) In case of temporary or permanent blocking, Halbnerd will block your access authorization and notify you of the same by e-mail.
(3) In case of temporary blocking, Halbnerd will reactivate the access authorization after expiry of the blocking period and will notify you of the same by e-mail. Permanently blocked access authorization cannot be restored. Permanently blocked persons shall be permanently excluded from youtrendit and may not re-register on youtrendit.
V. Processing of you personal data
§ 17 Data Protection
(1) The quality requirements of Halbnerd include handling users' personal data responsibly (this data is hereinafter referred to as “personal data”). The personal data resulting from your registration on youtrendit, as well as the use of available services, will only be recorded, filed and processed by Halbnerd to the extent necessary for contractual services and permitted by law or prescribed by the Lagislator. Halbnerd will treat your personal data confidentially and in accordance with the provisions of the applicable data protection law and will not disclose it to third parties.
(2) Apart from this, Halbnerd will use your personal data only to the extent to which you have expressively given consent to. You may, at any time, withdraw consent you have previously given.
§ 18 Limitation of Liability
Should you suffer loss or damage as a result of the use of services provided within youtrendit (including the retrieval of free content), Halbnerd shall only be liable if the loss or damage to you results from the contractual use of the free content and/or services, and only in case of intent (including fraud) and gross negligence on the part of Halbnerd.
§ 19 Exemption from third-party claims
Any infringement of a copyright design, trade mark, the right to use a name or image or any other infringement of third parties’ rights resulting from users use of youtrendit shall be borne by user. In case the user is responsible for the breach of duty the user shall indemnify Halbnerd from any claim or title. In this case the user shall indemnify Halbnerd from the entire costs of defense or any other losses damages costs and expensesresulting from the claims asserted against seller by third parties as a result of the infringement of the above mentioned rights. The consent may only be denied for important reason.
VII. Other provisions
§ 20 Requirement of Written Form
Except where expressly stated otherwise in these Conditions of Registration and Use, all declarations made in the context of registration on youtrendit must be submitted in written form or by e-mail. Halbnerd's e-mail address is firstname.lastname@example.org. Halbnerd's postal address is Halbnerd UG (limited liability), Vedran Jurincic, Theodorstieg 3b, 22761 Hambug, Germany. Changes to contact details shall remain reserved. In case of such a change, Halbnerd will inform you thereof in advance.
§ 21 Applicable Law
These Conditions of Registration and Use are subject to the laws of the Federal Republic of Germany to the exclusion of the UN Sales Convention (Convention of Contracts for the International Sales of Goods, CISG).
§ 22 Place of Jurisdiction
The exclusive place of jurisdiction for all disputes arising from these Conditions of Registration and Use shall, insofar as such jurisdiction agreement is legally allowed, be the seat of Halbnerd.