(1) FABUSCO UG (in the following: „provider”) provides on the internet the social shopping platform “Fabusco” (in the following: “platform”) under the domain www.fabusco.com.
(2) For the usage of this platform the following terms and conditions shall exclusively apply unless the provider and the user agree on deviating terms and conditions in an additional agreement. Conflicting, deviating or additional general terms and conditions of the user do not become a part of the contract even in case of the provider’s knowledge of such user’s terms conditions unless the provider explicitly agrees to them in writing. As far as the user objects the application of FABUSCOs terms and conditions referring to the users own general terms and conditions, FABUSCO herewith explicitly objects the users own general terms and conditions.
(3) The provider reserves for itself, to change and/or to amend clauses of this terms and conditions. The provider is only going to make such changes and/or amendments for good reasons particularly due to technical evolution, legislative changes or changes in jurisdiction. In case a change of and/or amendment to the terms and conditions are made during a current contractual relationship the provider shall communicate the modified version of the terms and conditions to the user per email highlighting the changes and/or amendments. If the user does not object the application of the modified terms and conditions within four (4) weeks after receiving the email, the modified terms and conditions shall be deemed to have been accepted. The provider shall point out the possibility to object and the significance of the 4-week-period.
§ 2 Definitions
Platform: „Fabusco-services“ comprising of all functions and services we provide on (1) our web-page “www.Fabusco.com and all other web-pages equipped with the Fabusco-brand or commonly marketed web-pages (including sub-domains, international and mobile-versions as well as widgets) and (2) other already existing or in the future to be developed media, brands, products, services, software (like a toolbar), devices or webs.
Registered user: User, who has opened an account using name and email-address with Fabusco.com
Non-registered user: User, who has not opened an account with Fabusco.com
Retailer: Retailer, who intends to offer and sell prodcuts via Fabusco.com.
Personal data: Particulars on personal or material relationships of a determined or determinable natural person.
§ 3 Purpose of the platform
Purpose of the platform is a social network based Online-Stylebook which offers inspiration on how to wear fashion in a new way. Fabuso.com offers registered user the opportunity to upload images of their own fashion style and to share them with the network. Additionally Fabuso.com offers access for retailers to tag pictures of own products to uploaded user-images. Registered and non-registered users are able to click through uploaded user-images to purchase products offered by the retailer on their own internet-platform. Fabusco.com therefore provides a platform for clothing trade und connects retailer and potential buyers. Fabusco.com itself neither sells any clothing nor becomes a contractual party in any sales contract between retailer and user.
§ 4 Service Description
(1) On Fabusco.com registered user are able to upload images of themselfes and their fashion style. Moreover registered user have the opportunity to *heart* other users images, to collect those *hearted* images of other users in the section *my favourites* and to collect the own uploaded images in the section *my outfits*. It is also possible to follow the activities of other users are to leave comments on uploaded images. Registered users are able to sort images regarding cities or categories.
(2) Retailers have the opportunity to upload product pictures into their own account, leave respective product information and link to their own internet-platform. The product pictures are registered in a data base by Fabusco.com and tagged to uploaded user images by the retailer and/or Fabusco. Fabusco user have the opportunity to buy the viewed products from the respective retailer.
(3) Non-registered users are able to display uploaded images and sort those regarding cities and categories. As far as uploaded images are tagged to retailer product pictures non-registered user are able to access the respective retailer’s internet-platform.
§ 5 User Registration
(1) Every user can only open one account. The user must not allow third persons to use the own user-profile.
(2) The use of the platform is only allowed to over 18 years old and contractually capable natural persons.
(3) The user assures that the personal data entered is correct. The user is obligated to keep the data during the full contractual period true and complete for all applications used.
(4) After a full registration and acceptance of the present terms and conditions the user is going to receive an email in the indicated email-account. The email contains authentication link. Registration is completed after the user has confirmed the link.
(5) After registration the user receives an initial password which has to be changed as soon as possible for safety reasons.
(6) The user is obliged to keep the selected password secret. Fabusco.com is not going to forward the password the third persons, use the password only for the log in and will never – except for the login-process - ask about the password. To avoid misuse and due to safety reasons Fabusco.com recommends the change the password on a regularly basis.
(7) The user contract is concluded with the activation of the user access. User access activation takes place after the user has been enabled by the provider. The user will be informed respectively by the provider via email.
§ 6 User-Account
The provider permits registered users in the context of these terms and conditions to publish “fashion pictures” on the platform. The account is visible for all registered and unregistered Fabuso.com users. No restrictions are in place.
The provider makes the platform available for users free of charge within its technical and economical capabilities. The provider will make every effort to keep the content available. The provider does not bear any further obligations. In particular the user is not entitled to a services permanent availability.
The provider does not assume any liability regarding correctness, completeness, reliability, timeliness and usability of the offered content.
§ 7 Retailer-Account
The provider permits registered retail users in the context of these terms and conditions to present the same or similar clothing and accessoires shown on the uploaded images by linking to their internet platform.
For opening a retailer account the contacting occurs via email to email@example.com. After review and approval by Fabusco.com a retailer account can be opened in a separate login-area. This separate login-area is made available at http://fabusco.com/partnership. Retailer upload pictures and descriptions for products which they want to market via Fabusco.com and link those uploads to their respective internet platform.
Further rights and obligations between retailer und Fabusco.com are determined in an individual agreement
§ 8 User Obligations
(1) The user shall use the domain www.fabuso.com only for the specific purpose of the portal.
(2) The user shall design all content uploaded by him/her onto the portal lawfully and not violate third party rights.
(3) The user shall not upload and publish images or content (hereinafter: “content”) on the platform which are not compliant with the existing legislative framework. In particular, the user shall not upload content:
· Promoting offensive or discriminating content, irrespective if this content relates to other user, Fabusco employees or other individuals or companies.
· Promoting content or advertising which is pornographic, abusive, immoral or glorifies violence or violates the German Protection of Young Persons Act or offer and/or market products or services which are pornographic, abusive, immoral or glorify violence or violate the German Protection of the Young Persons Act.
· Promoting content constituting an unacceptable harassment of other user, in particular by Spam (cf. §7 law against the unfair competition UWG).
· Promoting content that is legally protected (e.g. by copyright law, trademark law, patent or design patent or utility patent) without being entitled to do so or promote, offer and/or market products or services legally protected also without being entitled to do so.
· Undertaking or encouraging unfavourable competitive negotiations including progressive customer canvassing (such as chain, snowball or pyramid systems)
· Publishing content, which constitutes a criminal or an administrative offence.
In the event of a breach of the foregoing obligation the provider is entitled to change of delete the respective content and to block the user’s account. The user shall reimburse the provider for the damage caused by the violation of duty
(5) The provider is entitled to delete content in case it could contain an infringement of provisions of law.
(6) The provider has the right to be indemnified by the user against the claims of third parties due to a violation of their rights through the user The user shall support the provider in the defense against such claims. The user shall further bear the costs of the provider’s reasonable legal defence and lawsuit.
§ 9 Right of use for uploaded content
(1) The copy right for the uploaded content remains with the respective user. The user assures that he/she is entitled to upload the content onto the portal and to use it respectively.
(2) With the upload of an image or content onto the platform, the user grants the simple, worldwide effective, open-ended and unlimited right to the provider to keep the image/content ready for retrieval and make them publicly available. The provided is entitled to move images/content within the platform and to link it to other content. The provider is also entitled to edit images/content as far as this is necessary for the use of the platform with regard to technology or content.
(3) The User has no right to demand the deletion or adjustment of content created by him/her.
§ 10 Providers liability against the user
(1)The provider does not accept any responsibility for the permanent availability of the platform.
(2)A liability of the provider – regardless of the legal reason – shall only take effect if the damage is attributable to intent or gross negligence.
§ 11 Druation and Cancellation
(1)The duration of the contract for the use between the user and Fabusco.com is not limited.
For the users protection against unauthorized deletion of the user profile by third parties Fabusco is entitled to submit an establishment of identity in case of a termination of a profile e.g. by queries for the user name and the email registered with Fabusco. Also in case of special provision regarding term and termination both parties are entitled for good cause to terminate the contractual relationship without notice.
(2) Amongst other Fabusco regards the following as good causes:
Non-compliance with legal prescriptions by the user
Breach of the terms of these Regulations by the User
§ 12 Data backup
The provider does not provide any data backup for the content uploaded by the user
§ 13 Data protection
The protection of personal data is of great importance for the provider – as the same time the collecting, processing and usage of such data is an indispensable prerequisite for operation the platform. The provider collects, processes and personal data exclusively in compliance with the applicable statutory provisions governing the protection of data.
The collection, processing and use of the users personal data are detailed in the data protection directive.
§ 14 Final provisions
Legal venue is the location of our company's registered office
For the legal relationship between user and provider applicable law shall be exclusively the law of the FederalRepublic of Germany.
Should individual provisions of these conditions for use be deemed invalid, the validity of the remaining provisions of the contract shall hereby not be affected. The invalid provision will be replaced with a provision that comes closes to what the Parties would have intended.The same applies to eventual gaps in the contract.