Terms of use

for the trnd company website https://company.trnd.com

Last amended: 01 March. 2015

The following terms of use of trnd AG, Winzererstr. 47d, D-80797 Munich, a company registered at the Local Court [Amtsgericht – AG] of Munich under company registration number HRB 171131 (hereinafter referred to as “TRND”), govern the legal relationship between TRND and you as user of the TRND company website https://company.trnd.com, including any web pages (hereinafter referred to as the “WEBSITE”). References on this WEBSITE to “WE”, “US”, “OUR”, etc. are references to TRND. TRND offers this WEBSITE, including all INFORMATION, applications and services available on this WEBSITE to you, the user, subject to the terms, conditions, policies and other information stated here (the “TERMS OF USE”). This WEBSITE and TRND’S offer to enter into a contract to use this WEBSITE are aimed only at users of legal age who use this WEBSITE, and enter the contract for use, for purposes relating to their professional or business activity. If this does not apply to you, but you are a consumer and wish to join one of OUR campaigns, please click here.

1. Data protection/personal data

TRND is aware of the sensitivity of your personal data and is dedicated to protecting your privacy in collecting, processing and using users’ personal data. WE collect, process and use personal data in compliance with applicable laws. More details can be found in our Privacy Policy.

2. Use of material on this WEBSITE

All content of this WEBSITE, including text, designs, graphics, logos, icons, images, audio files, downloads, interfaces, codes and software and any part or combination of the foregoing, and all other documents and materials you receive from TRND (hereinafter collectively referred to as “MATERIAL”) are protected by copyright and/or trademark laws and other applicable laws in favour of TRND and/or its licensors and may be used only in accordance with the terms and conditions laid down by TRND. You may download or print the MATERIAL on this WEBSITE for the purpose of obtaining information about products and services of TRND, provided that you do not change or delete any copyright, trademark or other proprietary notices from the MATERIALS you view, download or print. TRND may restrict or revoke this right of use at its sole discretion at any time. Any other use of the MATERIAL – including, without limitation, its reproduction, distribution, communication or making it publicly available – without the consent of the relevant rights holder is expressly prohibited. All other rights in the MATERIAL, including all intellectual and industrial property rights associated therewith, remain with TRND and/or its licensors.

All trademarks, logos and other marks shown on this WEBSITE are registered and unregistered marks of TRND, its licensors and, if applicable, other third parties. All rights in these trademarks, logos and other marks are the exclusive property of their respective owners. The grant of rights to use any trademarks, logos and other marks used on this WEBSITE requires the prior written consent of the respective owners, and nothing on this WEBSITE should be construed as granting any licence or right to use any trademarks, logos or other marks used on this WEBSITE.

TRND reserves all rights in and to the WEBSITE and its content not expressly mentioned herein.

3. Rules of use; user-submitted CONTENT

All users have an obligation to abide by applicable law and to be courteous and respectful to other users in using the WEBSITE and the TRND services offered on the WEBSITE and in all interactions with other users.

a. Grant of rights in user-submitted CONTENT

By posting and/or submitting any contributions (including, without limitation, blog and discussion posts) and/or other content (hereinafter collectively referred to as “CONTENT”) on or to the TRND newsblog, you grant TRND, for the entire term of their protection, a non-exclusive, irrevocable and royalty-free right of use, unlimited in territory, transferrable and sublicensable to companies affiliated with TRND , in such posted and/or submitted CONTENT, which allows TRND to distribute, reproduce, publish, translate, make publicly available or otherwise communicate such CONTENT to the public on Internet websites of TRND (including any webpages), to adapt or otherwise modify such CONTENT and to publish or use the CONTENT so adapted or modified accordingly on Internet websites of TRND (including any webpages). If you submit CONTENT in your capacity as a director, officer, employee or other member of a company giving the name of that company, you have to make sure that TRND has the right to mention the company in connection with its use of the CONTENT submitted. Your moral rights will not be affected by this provision. All personal data communicated via the WEBSITE will be treated in compliance with the privacy provisions of this WEBSITE.

b. Guidelines for user-submitted CONTENT; Indemnity

The user is solely responsible for any CONTENT he or she posted and/or submitted, including, without limitation, for its accuracy and completeness. By submitting CONTENT to TRND, you undertake and warrant to TRND to comply with the following content guidelines:

Moreover, you undertake and warrant that you will not submit any CONTENT

As user of the WEBSITE and in particular of the comment function of the newsblog, you indemnify TRND (and its directors, officers and employees) and all companies affiliated with TRND against all claims, demands and losses – including any legal and court fees – arising from any breach of your warranties and obligations referred to above.

TRND reserves the right to edit, abridge or delete without prior notice any CONTENT on the WEBSITE which TRND, at its sole discretion, deems to infringe the content guidelines above or any other provisions of these TERMS OF USE or applicable law or which has been ruled by any competent court as such.

In any event, TRND reserves the right to remove submitted CONTENT without prior notice or to refuse to publish it.

4. Amendment of TERMS OF USE

TRND reserves the right to amend these TERMS OF USE at any time with effect for the future. The amended terms will be published on this WEBSITE. It is your responsibility to check at regular intervals whether there is an amended version of these TERMS OF USE and, if so, what amendments have been made. Your use of this WEBSITE is governed by the published current version of these TERMS OF USE at all times.

5. Accuracy, completeness and up-to-dateness of information on the WEBSITE

TRND accepts no responsibility for the accuracy, completeness or up-to-dateness of the statements, data and/or information provided on the WEBSITE (hereinafter referred to as “INFORMATION”). The INFORMATION provided on the WEBSITE is for general information only and should neither be regarded as a reliable source nor as the sole basis for decisions. If you rely on INFORMATION on this WEBSITE, you do so at your own risk. Please note that INFORMATION on this WEBSITE may be obsolete. WE reserve the right to amend the content of this WEBSITE at any time, but have no obligation to verify or update the INFORMATION on this WEBSITE. It is your responsibility to monitor any changes to the INFORMATION on this WEBSITE.

Neither does TRND accept any responsibility for the CONTENT submitted by users of the WEBSITE, whose accuracy and completeness is the sole responsibility of the user concerned.

6. Liability for links

Our offer includes links to external websites of third parties whose content is outside OUR control. We can therefore not accept any responsibility for such third-party content. These links are offered to you as a service and provided merely as a reference to third-party websites which may contain further relevant information. However, all content on linked sites is the sole responsibility of the party offering such content or the operator of the linked website at all times. TRND does not monitor or control all the information available on such third-party websites. TRND is also unable to review the content of linked websites on a regular basis. TRND provides these links for reference only and does not endorse or adopt the content on these websites. TRND expressly dissociates itself from any views and opinions expressed on these websites; users are expressly advised that views and opinions expressed on these websites do not necessarily reflect the views of TRND. TRND is not liable for any loss, damage or other harm resulting from the use of linked websites.

7. Description of services/availability of WEBSITE and services; limitations of liability

This WEBSITE is provided to you free of charge and at the discretion of TRND. You have no claim to access to this WEBSITE or any of the functions of this WEBSITE.

TRND has the right to alter and/or to discontinue this WEBSITE or services offered on this WEBSITE (or any part thereof) at its sole discretion at any time and may also terminate a user’s access to this WEBSITE at any time. Moreover, this WEBSITE or other services may be temporarily unavailable due to technical issues. Users have no claim to permanent availability of this WEBSITE and the services of TRND. TRND accepts no responsibility or liability for uninterrupted and fault-free access to this WEBSITE.

TRND is not responsible for ensuring (i) that the INFORMATION, CONTENT and MATERIALS on this WEBSITE is complete, accurate and up to date at all times, or (ii) that any CONTENT provided by third parties, including users of this WEBSITE, complies with applicable laws and is free of any third-party rights which could curtail any manner of use provided for under these TERMS OF USE. TRND therefore accepts no liability in this regard.

You are solely responsible for any damage to your computer system or loss of data that results from downloading INFORMATION, CONTENT and MATERIAL from the WEBSITE. Moreover, you have to ensure at your own cost that you that you have the necessary technical requirements to use the services of TRND, including, without limitation, the necessary hardware and software (e.g. an Internet browser) as well as access speed and data transmission speed. TRND accepts no liability for the compatibility of the WEBSITE and the services offered on the WEBSITE with your specific hardware and software environment.

Apart from that, TRND accepts unlimited liability only in cases of (i) injury to life, limb or health or if statutory liability under the German Product Liability Act [Produkthaftungsgesetz – ProdHaftG] applies, (ii) intent or gross negligence and (iii) if a guarantee has been given (if this is the case, the provision of the guarantee shall apply if the guarantee contains a provision to this effect). Liability for simple (slight) negligence shall be excluded.

This limitation on liability shall also apply to claims for damages against directors and officers, executives, employees or vicarious agents [Erfüllungsgehilfen] of TRND. Unless otherwise specified in these TERMS OF USE, any claims of the user for compensation for damage of any kind are excluded.

8. Severability, jurisdiction, final provisions

If any provision(s) of these TERMS OF USE are or become invalid or unenforceable, in whole or in part, or if there is a lacuna in these TERMS OF USE, this shall not affect the validity of the remainder of these TERMS OF USE.

The contract for use including these TERMS OF USE shall be governed by the substantive laws of the Federal Republic of Germany to the exclusion of the CISG (United Nations Convention on Contracts for the International Sale of Goods).

All disputes arising from and/or relating to the contract for use including these TERMS OF USE shall be subject to the courts of Munich (Germany) if the user is a merchant [Kaufmann], a legal entity under public law or a separate estate created under public law. However, in deviation from the foregoing, TRND always has the right to bring action against a user in the courts of his or her general place of jurisdiction.

9. How to reach us

If you have any questions or suggestions regarding these TERMS OF USE, please do not hesitate to contact us. We can be reached as follows:

trnd AG, Winzererstrasse 47d-e, D-80797 Munich. Email: info@trnd.com

Registered office: Munich – Registry Court: Munich – Commercial register no.: HRB 171131, Local Court [Amtsgericht – AG] of Munich – VAT ID pursuant to Sec. 27a of the German Value-Added Tax Act [Umsatzsteuergesetz – UStG]: DE238390954 – Data Protection Officer: M. Plankemann, activeMind AG, Potsdamer Strasse 3, D-80802 Munich, Germany – Executive Board: Torsten Wohlrab, Guenter Lichtner, Robert Schlittenbauer. Chairman of the Supervisory Board: Arne Wolter.