General Terms and Conditions
- Through the use of this website, the user declares his agreement with the applicability of all the following General Terms and Conditions of Business for the Use of todayimade.co (hereinafter: “GTC”).
- All websites on which the services of todayimade.co are made available are hereinafter together called the “todayimade.co Websites”.
- The operator of the todayimade.co Websites is Yay! Productions Beholz & Wopperer GbR. Further information and contact data can be found in the About section of this site.
Object of contract and membership
- todayimade.co offers registered users a platform for the non-commercial presentation and discussion of self made objects.
- Membership in this platform is free of charge (hereinafter: “Free Membership”).
- In order to become a member, and thus to take advantage of the services associated therewith, the user must register himself beforehand.
- The user warrants that all details given by it for the purpose of registration are correct and complete.
Obligations of the user
- The user undertakes only to give accurate and non-misleading details, both in his profile and in communications with other users. The user guarantees to todayimade.co that he will not utilise the todayimade.co Websites for any purpose which is illegal or prohibited under these GTC.
- The user is strongly recommended also to save on his own equipment all pictures and contributions which he uploads onto the todayimade.co Websites, since todayimade.co accepts no liability, either for the saving of the data or for possible loss of data (see below).
The user furthermore undertakes, in using the todayimade.co Websites, to comply with the applicable statutes, and not to infringe the rights of third parties. In particular, the user undertakes
- to use the todayimade.co Websites and services offered thereon only in order to exchange information and data in reasonable form and quantity;
- not to use any offensive, defamatory or slanderous contents, and not to infringe any general rights of personality;
- not to use any pornographic contents, or contents in breach of young person protection laws;
- not to cause nuisance to other users, and not to dispatch or forward any spam mail;
- not without authorisation to use any contents protected by statute (e.g. under copyright, trademark or patent law), and not without authorisation to advertise, offer or market such protected goods or services or to carry out or promote other acts in breach of competition law provisions, including progressive canvassing of customers (such as chain, snowball or pyramid systems).
The user further undertakes to refrain from the following:
- the addition of logos and other branding material to uploaded content with the purpose of promoting commercial offerings;
- the implementation, advertisement or promotion of structural distribution measures (such as multi-level marketing or multi-level network marketing);
- the forwarding of chain letters;
- the loading of files (uploading) containing viruses, corrupted files or other similar software which may damage the operation of a computer;
- the deletion or forging of attributions of the author, legal notices or proprietary references in a file;
- the dissemination or public reproduction of contents of the todayimade.co Websites or of other users without proper attribution;
- any improper use of the todayimade.co Websites.
Rights to the contents of the todayimade.co Websites
- The user hereby guarantees that he is the sole holder of all proprietary rights, copyrights and rights of use of the pictures, graphics, photographs, paintings, reproductions, videos, texts etc. (hereinafter “Contents of the User”) uploaded onto the todayimade.co Websites, and also that the Contents of the User and the use of the same within the scope of this Contract do not infringe any contracts or rights of third parties and/or laws, and in particular do not infringe any copyrights, trademarks, licences, personality rights or rights of ownership or possession of third parties.
- Through the loading of the Contents of the User onto the todayimade.co Websites, the user grants todayimade.co an unrestricted and assignable right of use of the Contents of the User for the purposes of the platform. todayimade.co shall specifically be entitled to the permanent holding available of the Contents of the User on the todayimade.co Websites and to using it in marketing of the platform.
- A user shall only be authorised to use and/or disseminate contents of other users if use of these contents is permitted by their creators, if they are properly attributed to their creators and if hyperlinks to these contents as available on todayimade.co are provided.
- The entire other contents of the todayimade.co Websites, including all data, pictures, graphics, videos, texts, software, programming and other elements are the property of todayimade.co, and are protected by proprietary rights, copyright and possibly trademark rights, even where no express notice of this has been posted in relation to the respective contents. The infringement of these rights is a criminal offence. No reproduction, modification or use of the above-mentioned contents of the todayimade.co Websites is permitted.
Reservation of the right to make changes
- todayimade.co reserves the right to change or discontinue the services offered on the todayimade.co Websites without notice, provided the user can reasonably be expected to accept the same.
- todayimade.co shall further be entitled, in the event of a breach of these GTC or the applicable law, to remove any contents, including the Contents of the Users, from the todayimade.co Websites without any announcement and without specifying the reasons, and to block the user access as well as all member accounts attributable to the respective user. However, no obligation exists on the part of todayimade.co to check, edit, delete or block any pictures or contributions. No claim exists on the part of the user to publication of pictures or contributions on the todayimade.co Websites.
- todayimade.co has the discretion to update these GTC at any time. When we do, we will revise the updated date at the bottom of this page. We encourage users to frequently check this page for any changes. You acknowledge and agree that it is your responsibility to review these GTC periodically and become aware of modifications.
Exclusion of warranties
- The todayimade.co Websites, as well as their contents, are made available “as they are”. todayimade.co gives no warranty, in particular in respect of the topicality, correctness, completeness, marketability, suitability for a specific purpose or in respect of the quality of the todayimade.co Websites or the information provided. The contents of the website do not represent any warranty or representation.
- todayimade.co likewise gives no warranty in respect of the contents, data and/or information provided by the users of the todayimade.co Websites, in respect of the actual identity of the user or in respect of any contents on linked external websites.
- todayimade.co will endeavour as far as possible to hold the todayimade.co Websites continuously available during the term of the Contract. For technical reasons, no warranty can be given, either for this or for the saving of data.
Limitation of liability
- todayimade.co, its representatives, employees and vicarious agents (in the following provisions, together designated as “todayimade.co”) shall, regardless on which legal grounds, be liable exclusively in accordance with the following provisions.
- todayimade.co shall be liable neither for any interruptions or errors of the todayimade.co Websites, nor for ensuring that the contents of the todayimade.co Websites are free from errors, omissions, defects or viruses, nor for the accuracy or legality of the contents. Exclusively the respective users shall be liable for the Contents of the Users. todayimade.co shall not be liable for any loss of data.
- todayimade.co shall only be liable, regardless on which legal grounds, for actions arising from deliberate intent or gross negligence, except in the case of breach of fundamental contractual duties.
- Except in the case of deliberate breach of contract, todayimade.co shall not be liable for any loss of profit, loss of savings, indirect damage and/or consequential damage.
- The liability of todayimade.co shall, except in the case of deliberate breach of contract, be limited in any case to the damage reasonably foreseeable at the time of conclusion of the contract.
- Liability on account of culpable injury to life, limb or health shall remain unaffected by the above-mentioned limitations on liability.
Indemnification from liability by the user
- The user shall indemnify todayimade.co, its representatives, employees and vicarious agents from all claims which may be asserted against todayimade.co on account of any breach of the obligations laid down and any guarantees given by the user in these GTC and or otherwise in the course of the performance of this Contract. This shall also include the reimbursement, the defence and the exemption from all costs, including legal and court costs. Further-reaching claims for damages by todayimade.co remain reserved.
- The provisions relating to indemnification from liability shall also remain applicable following the end of the Contract.
- The user shall not be entitled to assign his claims against todayimade.co to third parties.
- The user may only exercise a right of set-off against claims of todayimade.co if the counterclaim of the user is undisputed or has been judicially decided and is final and legally binding. The user may only assert a right of retention in so far as the same is based on claims arising from the same contractual relationship.
- Should individual provisions of these Terms and Conditions be or become ineffective, the effectiveness of the remaining provisions shall not be affected thereby. In place of the ineffective provision, a substitute arrangement shall apply which most closely corresponds to the purpose sought to be achieved with the ineffective provision.
This document was last updated on April 23, 2013.
(Thanks to Jochen Hein of ARTDOXA for helping us draft these terms!)