Terms of use Pinspire (Pinspire GmbH)

1. Scope; Changes to terms of use

1.1 This is a product offering of Pinspire GmbH. Pinspire GmbH makes its product offering to you as the user, (“you” or “user“) on the basis of these terms of use. By registering for or using our services, you declare yourself to be in agreement with the terms of use.

1.2 These terms of use apply to (a) use of the online product offering and (b) mobile applications of the product offering used on mobile end devices.

Pinspire GmbH reserves the right to change these terms of use with future effect. In such a case, Pinspire GmbH will inform you in advance about the changes to these terms of use and will advise you that the changes will be considered to be in effect if you do not appeal the changes within a period of six weeks.

2. Product offering, registration, conditions of participation

2.1 The users of the product offering may post product preferences and/or recommendations to their “virtual bulletin board” and compare notes about them with other users of the product offering, and post photos to their virtual bulletin board from a variety of sources for this purpose, (for example from their hard drive, social networking sites such as Facebook and other internet sites) combine them in various albums, view other users' albums, and comment on and follow other users' activities.

2.2 The condition for the use of the product offering in accordance with number 2.1 is proper registration on the website. In order to register, the user must have a valid e-mail address and must also choose a user name and password. Alternatively, the user may register to use the product offering with the user information required to access social networking sites (e.g. Facebook), which are identified by their appropriate identification symbols on the product offering homepage.

2.3 By registering, the user acknowledges the existing terms of use and declares himself/herself to be of legal age.

2.4 The user must provide true, accurate, current and complete information in accordance with the specifications on the registration form, and keep his/her information in the user account correct and up-to-date. Multiple registrations under different names are forbidden.

2.5 After completing the registration, the user will receive an e-mail confirming successful registration.

3. General user obligations

3.1 The user must ensure that he/she uses the account solely by himself/herself and that his/her password in particular is kept secure for this purpose. As the holder of the user account, the user acknowledges that he/she is fully responsible for all activities that transpire through his/her user account. For instance, should the user allow a minor to use his/her account without the permission of the parent or legal guardian, the user therewith acknowledges that he/she is fully responsible for the acts of said user, for monitoring access to the account, for use of the product offering by said user and the consequences resulting from any misuse.

3.2 The user must refrain from acts that negatively affect or could negatively affect the product offering of Pinspire GmbH from functioning properly (e.g. by software or other scripts). This applies in particular to the application of “robot,” “spider,” or “offline-reader” software, which automatically trigger user internet inquiries. The user must also refrain from modifying, writing over, copying or disseminating sections of the website that the Pinspire GmbH has not made available to the user, including site sections of other users, especially when bypassing technical protective measures, e.g. measures meant to prevent downloading.

3.3 The user must report any misuse of his/her password or user account as well as any other violation of security regulations immediately to Pinspire GmbH by e-mail at contact@pinspire.com, and is liable to Pinspire GmbH for any misuse of his/her user account that he/she has caused.

3.4 The user may not use the product offering of Pinspire GmbH or portions of it for commercial purposes of any kind, e.g. may not imitate it, sell it, or lease it, or use it or offer it for his/her own commercial purposes, or for extraneous commercial purposes, without our prior written consent.

4. Responsibility, forbidden content and appropriate behavior

4.1 Any information, data, texts, photos, graphics, news reports or other content and material (“content”), saved, posted or transmitted by you or other users when using the product offering of Pinspire GmbH, is the exclusive and unlimited responsibility of the party that is the source of said content; which is to say, for example, that you bear exclusive and unlimited responsibility for content that you have created by yourself, but also for content that you have received from other sources and that you have saved, posted, and/or transmitted in our product offering while using our product offering.

4.2 Pinspire GmbH does not monitor content that you or other users have saved, posted, or transmitted through our product offering, and is thus not liable for the accuracy, appropriateness, or quality of such content.

4.3 Even though Pinspire GmbH does not monitor or screen user content, we still reserve the right to reject, block, delete or, if necessary, post to another location within the product offering, any contents accessible through our product offering, especially content that has come to our attention from users who are in breach of these terms of use, without giving reasons and with immediate effect.

4.4 Please be aware that by using this product offering, you may be exposed to content that is libelous, offensive or otherwise objectionable if the user responsible for that content is in breach of the provisions in these terms of use or of applicable laws.

4.5 When using this product offering, users categorically may not:

• Save, post and/or transmit content that violates the rights of third parties, in particular copyright laws or ancillary copyright laws, patents, trademarks, trade secrets, personality rights or property rights;
• Save, post and/or transmit pictures, text, data, data files, links or other content that in accordance with applicable legal provisions or in the view of Pinspire GmbH is unlawful, hurtful, threatening, abusive, harassing, defamatory or libelous, vulgar, obscene, gruesome, perverse, hate-mongering, racist, deceptive or otherwise objectionable, or that could be damaging to minors in some way, especially content that is pornographic, glorifies violence or is otherwise harmful to young people;
• Save, post and/or transmit content that you do not have the right to disseminate;
• Save, post and/or transmit material that contains software viruses or other information, data files or programs that are conceived for the purpose of, or are capable of interrupting, destroying or limiting the functioning ability of computer software and hardware or telecommunications equipment;
• Represent themselves as another person in the product offerings of Pinspire GmbH, e.g. as a representative of Pinspire GmbH or as a party responsible for the product offering in some other way, or pretend to have a non-existent relationship to such persons;
• Falsify headlines or manipulate identification symbols in any other way in order to obscure the source of specific content that is transmitted through the product offering;
• Save, post and/or transmit unsolicited advertisements, promotional material, junk- or mass mailings, e-mails and/or SMS (“spam”), chain letters, snow ball systems or other advertising;
• Violate national or international laws including stock exchange regulations (e.g. the New York Stock Exchange, the American Stock Exchange, NASDAQ or the Frankfurt Stock Exchange) when making use of our product offering;
• Harass, libel, threaten, defame, cause distress or embarrassment to anyone, whether it be a natural person or legal entity or a corporation, or cause that person distress in any other way, or maintain or disseminate falsehoods about a natural person or a legal entity or corporation;
• Collect, save or transmit personal data about other users, unless the affected parties are in agreement;
• Provide legal advice and/or make postings that could be construed as legal advice.

5. Services, rights to content, guarantee

5.1 Pinspire GmbH permits you to use our product offering in accordance with legal regulations and the provisions in these terms of use, in order to save, post, and transmit content and share it with other users. Pinspire GmbH does not monitor you when doing this and does not lay claim to possession of your content.

5.2 When using our product offering, you authorize us to save your content within our product offering and make it accessible to the public in accordance with the provisions of these terms of use. By sending content or sharing a posting, you declare yourself solely in this regard to be in explicit agreement with the posting, saving and subsequent processing of your content or posting.

5.3 You guarantee to Pinspire GmbH that you possess all required rights in regard to content that you save, post and/or transmit by using our product offering and that you will not violate the rights of third parties, regardless of their nature, nor violate any legal regulations and any of the provisions of these terms of use, in particular the provisions laid out in number 4.5. In the event that you do not possess the rights to content that you have entered, you guarantee that you have obtained all effective necessary transfers of right, licenses, permissions, consents and the like. In the event that you should violate these guaranties, you release us from any liability to third parties in accordance with number 11, and indemnify us completely.

5.4 Pinspire GmbH has the right to save content and disseminate it to third parties as long as this is legally required or necessary in accordance with duty-bound discretion and legally permissible, in order to (a) fulfill legal regulations or judicial or official ordinances, (b) to implement these terms of use (c) to respond to the claim of a legal violation by a third party, or (d) to protect the rights, property or personal safety of Pinspire GmbH, its users or the public.

6. Termination, blocking of a user account

6.1 You can delete your account at any time.

6.2 You agree that the Pinspire GmbH, also has the right, at its own discretion, to delete your password, your user account (or portions and/or specific content contained therein) or any other use of our product offering by you and has the right to delete any of your content. This applies in particular to cases in which you have not used the product offering for a long period of time, if Pinspire GmbH believes that you have violated these terms of use or key elements of the terms of use have not been adhered to, perhaps because multiple postings or content needed to be deleted.

6.3 You agree that any interruption to your access to the product offering of Pinspire GmbH may be carried out without prior notification in accordance with the provisions of these terms of use and that Pinspire GmbH has the right to block or delete all information and data files immediately and/or prevent any further access.

6.4 In the event that your user account is deleted or if you were already prevented from accessing the product offering, you may regain access to our product offering only with our prior express and written consent. You may not assist a user whose user account has been terminated or blocked to regain access to the product offering through your own member account or with the assistance of your own member account.

7. Indications of legal violations

7.1 Pinspire GmbH respects the intellectual property of third parties and requests that its users do the same.

7.2 If you believe that your copyrights or other intangible rights, e.g. trademark or personality rights, have been violated by content of another user who uses our product offering to save, post or transmit his/her content, please inform us of this by using the form located on the contact section of our website.

8. Date protection

For data privacy please see our data protection information in the Privacy section.

9. No guarantees

9.1 We make our product offering in the form that we consider best and with the proviso that we may interrupt or terminate it at any time. You make use of our product offering at your own risk. This applies especially to downloading content or using it in some other way, particularly content of other users.

9.2 Pinspire GmbH makes no guarantee to you or any other persons that the product offering will meet your needs nor that it will always be made available to you without interruption, in up-to-date form, securely and error-free. Pinspire GmbH makes no guarantee with respect to results that may be achieved as a result of using this product offering, or with respect to the accuracy and reliability of information within the product offering. Pinspire GmbH furthermore makes no guarantee that hardware or software used for our product offering will always operate in an error-free manner or that any errors in said hardware or software will be corrected.

9.3 Our product offering may contain links to other websites and services, including content that users of our product offering save to our servers when using our services. We do not monitor the targets of these links, do not lay claim to content that is made accessible on or through such product offerings or third party sources, and make no guarantee in this respect.

10. Liability and liability limitation

10.1 Pinspire GmbH is liable in the case of damages to the user (a) arising from death and injury to body and health which are due to a breach of obligation on the part of Pinspire GmbH, (b) under the provisions of the product liability law, resulting from the acceptance of a guarantee or due to willful deception (c) if Pinspire GmbH has intentionally caused the damage or caused it due to gross negligence, and/or (d) if the damage resulted from breach of Pinspire GmbH's obligations, fulfillment of which is made possible by proper implementation of the contract and adherence to which the user can at all times rely on and should have full confidence in (cardinal duty).

10.2 Pinspire GmbH has unrestricted liability as to amount, in cases of Paragraph 1, letters (a), (b) and/or (c). Furthermore, the damage is limited to foreseeable damage typical to the contract.

10.3 In all cases other than the ones mentioned in Paragraph 1, the liability of Pinspire GmbH is excluded regardless of legal reason.

10.4 The liability regulations in the previous paragraphs also apply to personal liability of agents, employees and vicarious agents of Pinspire GmbH .

11. Indemnification clause

The user indemnifies Pinspire GmbH and its affiliates upon first request from all claims that third parties make towards Pinspire GmbH claiming that content placed on the website by the user does injury to them with respect to their rights or constitutes a breach of legal regulations; included herein are the costs associated with a legal defense. The same applies to claims that are asserted on the basis of violation of the terms of use.

12. Trademarks and other industrial property rights of Pinspire GmbH

You acknowledge that all rights to the product offering of Pinspire GmbH and its identification symbol including any trademark, patent, copyright or licensing rights or other rights or comparable legal positions in relationship to you, are the exclusive property of Pinspire GmbH and that you will not make use of them or remove evidence of the proprietorship of Pinspire GmbH without express, prior written consent from Pinspire GmbH. The above clause does not apply to content of your own that you place in our product offering and for similar content of other users. In this respect, however, you must respect the rights of the other parties entitled to that content.

13. Final terms and conditions

13.1 These terms of use are governed by German law.

13.2 There are no additional agreements.

Effective: November 2011