Effective Date: June 29th 2012
Terms Of Service
§ 1 Applicability
1.1 The following Terms of Service (ToS) govern the access to and the use of the services provided by Foundd GmbH (FOUNDD) to the users of its services (Users). These services are referred to as the FOUNDD Services. FOUNDD will not accept ToS other than these ToS unless explicitly agreed upon in writing.
1.2 By using the FOUNDD Services you agree to be bound by the ToS.
FOUNDD reserves the right to modify its ToS at any time, particularly in order to implement legal requirements or functional changes. FOUNDD will notify its Users about the changes. By the continued use of the Services you agree to be bound by the revised ToS.
You can view, download and print the current version of the ToS at FOUNDD.com/terms.
§ 2 Services offered by FOUNDD
2.1 FOUNDD operates a Discovery Platform that suggests items that are of interest to the User. On this platform you can rate items (referred to as Rating) and receive personalized recommendations (referred to as Recommendations) based on the Ratings.
2.2 Users have access to the Discovery Platform via the website FOUNDD.com or after downloading the application which is offered for certain mobile telephones or other mobile devices (the FOUNDD App).
2.3 FOUNDD may provide its Users with administrative messages regarding the FOUNDD Services. These communications are part of the FOUNDD Services.
§ 3 Registration and User Account
3.1 A prerequisite for the use of the FOUNDD Services is the Users registration. The User may register by giving his name, email address and choosing a password or by using the Facebook Connect, Twitter Signup button or any other third pary authentication provider FOUNDD may choose, which allows FOUNDD to receive directly from these authentication providers additional data which the User has provided to these providers. In the course of registration, the User shall accept FOUNDDs ToS of Service. The registration and the FOUNDD Services are free of charge.
3.2 Only natural persons of unlimited legal capacity over 13 years of age, legal entities and partnerships are allowed to register.
3.3 When registering, the User shall provide true, complete and correct data. If the given data changes after registration, the User shall correct the data in his User Account. FOUNDD may check or have checked the data provided by the User for plausibility and refuse or revoke the registration.
3.4 During the registration, the User selects his email address and password (the Access Data), which he will need to access the Services. The User shall ensure that the Access Data will not become known by a third party. Should third parties receive access to FOUNDD Services, through the abuse of Access Data due to fault of the User, the User shall be responsible for any activities or actions which take place under his User name. FOUNDD shall not be liable for loss or damages, which result from the abuse or loss of the Access Data.
3.5 The User may delete his User Account at any time. The User’s Ratings will remain with FOUNDD but only in an anonymized format (meaning they cannot be connected to the identity of the user). They and the License granted according to section 6 of these ToS remain unaffected from any deletion of the User Account.
§ 4 Information posted on the Discovery Platform
4.1 The user may opt to make his submitted FOUNDD Ratings public. The FOUNDD Ratings of this user may then be distributed on the Discovery Platform. A User should only set his profile to public if he wants his FOUNDD Ratings to be made public.
The ratings and profile picture of a user will be visible to the people the user is connected with on Facebook.
4.2 FOUNDD does not guarantee that the FOUNDD Recommendations are complete, truthful, accurate or reliable and does not endorse any Recommendation. Under no circumstances is FOUNDD liable for any FOUNDD Recommendation or any consequences thereof.
§ 5 Legality of Content
5.1 The User is solely responsible for any FOUNDD Rating that he posts on the Discovery Platform and for any consequences thereof.
5.3 The use of FOUNDD Services for commercial, self-promotional or advertising purposes is prohibited. The User agrees not to post advertising or automated messages with the same or similar content (Spam) or to invite people to take part in competitions, snowball schemes, chain letters, pyramid schemes and similar promotions. The User also agrees not to post any information which, given its type or nature (e.g. viruses), size or reproduction (e.g. spamming, overloading, flooding the Services), could interfere with the operation of FOUNDD Services.
5.4 FOUNDD will respond to notices of alleged violation against these ToS if they have been properly provided. At all times and at its sole discretion, FOUNDD reserves the right to remove FOUNDD Ratings alleged to be violating any of these ToS from the Discovery Platform without prior notice, the right to refuse to distribute any FOUNDD Rating on the Discovery Platform, to terminate User Accounts with immediate effect and refuse a new registration of the respective User. The User shall be liable for any damage to FOUNDD due to a posting inconsistent with these ToS.
§ 6 License regarding the FOUNDD Ratings
By submitting a Rating on the Discovery Platform, the User grants FOUNDD and its subsidiaries and affiliates the royalty-free, perpetual, irrevocable, non-exclusive, worldwide, transferable right and license (including a waiver of any moral rights) to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform, display and otherwise exploit the Ratings (in whole or in part) and to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such Ratings. The User also permits any other User of the Site to access, display, view, store and reproduce such Ratings for personal use. Subject to the foregoing, the owner of such Ratings placed on the Site retains any and all rights that may exist in such Ratings.
§ 7 Liability
7.1 FOUNDD shall only be liable for willful intent or gross negligence. FOUNDD shall not be liable for slight negligence, if no essential contractual obligation is violated, as far as no guarantee has been agreed upon for the quality of a service, as far as there is no maliciously concealed defect, default or impossibility for which FOUNDD is responsible. In case of slightly negligent violation of essential contractual duties, the fulfillment of which is required for the due execution of a contract and the observance of which the User relies on and may rely on, the claim for damages shall be limited to the amount of typically predictable damage. The above limitation of liability does not apply to claims for damages that result from injury to life, body or health. The liability according to the German Product Liability Act (Produkthaftungsgesetz) remains unaffected.
7.3 As far as FOUNDDs liability is excluded or limited, the same applies for the personal liability of FOUNDDs officers, employees, representatives and agents.
7.4 Liability for subsequent damage, for instance loss of earnings and similar indirect damage and compensation for useless expenditures is excluded.
7.5 Under the current state of technology, due to maintenance work or interference with communication networks of third parties, data transfer via open networks such as the Internet cannot be completely guaranteed to be available any time and error-free. Therefore, FOUNDD does not ensure and is not liable for constant and uninterrupted availability, accuracy, security and reliability of its Discovery Platform. FOUNDD will not be liable for any harm to the Users computer system, technical failure, data loss or other harm resulting from the User's access to FOUNDD Services or from any FOUNDD Recommendation. FOUNDD cannot guarantee that its website is virus-free. The User shall take all necessary safety measures and install the latest security updates in order to prevent viruses.
7.6 The User is solely responsible for any FOUNDD Rating that he submits to the Discovery Platform and for any consequences thereof. FOUNDD does not control the ratings submitted on the Discovery Platform and cannot take responsibility for these. FOUNDD is therefore neither liable for any FOUNDD Rating nor for any link to a third partys website, or availability, accuracy, content or services from such websites.
§ 8 Copyrights
FOUNDD reserves all copyrights and similar rights with regard to the FOUNDD Services. The User is obliged to recognize and comply with the copyrights.
§ 9 Data Protection
9.1 FOUNDD strives to handle all personal User data (such as name and email address) (the Personal Data) in strict confidence according to statutory provisions and to collect, process, store and use the Personal Data only for the purpose of executing the contract, unless the User expressly consents to other uses. The Personal Data are collected, used and processed electronically. Please see the separate Data Privacy Statement for more detailed information.
9.2 The User consents explicitly to the collection, use and processing of his or her Personal Data according to the Data Privacy Statement.
§ 10 Venue and Applicable Law
10.1 For these ToS and all legal relations between the User and FOUNDD, German Law shall apply without the provisions of the German Conflict of Laws and the International Sale of Goods. If the User is a consumer, the legal provisions and rights in the country of the User's residence remain unaffected.
10.2 Jurisdiction over any disputes arising in connection with FOUNDD shall lie with the courts in Berlin, Germany, as far as legally admissible
§ 11 Severability Clause
Should individual provisions of these ToS shall be or become void, the validity of the remaining provisions hereof shall in no way be affected. The parties will undertake to replace the invalid provision in mutual consent by a valid provision, which approximates the economic purpose of the invalid provision as closely as possible. The same shall apply if the provisions are found to be incomplete.