Terms of Service

1. Description of Service

1.1 What drops now offers users the opportunity of creating want-lists of products or trademarks on Titel Media GmbH (in the following “Titel Media”) websites and liking and following them. This includes in particular the following services: -Registration with protected account administration; -Online platform with possibilities of following, wanting and liking products/trademarks; -Newsletter; -Facebook-integration. What drops now is operated by Titel Media.

1.2 The user has no claims to the availability of the functions named in No. 1.1 of these Terms of Use. Titel Media is entitled to limit, cease or change its services completely or partially at any time.

1.3 These Terms of Use apply solely to the use of the What drops now account. Supplementary General Terms of Use/Data protection provisions may be accessible on the Titel Media Websites.

2. Registration and User Account

2.1 In order to use the functions named under No. 1.1 users must register with What drops now. This can take place either through entering user data or using the Facebook login. For data protection questions regarding the registration process, see No. 5 of the Terms of Use. There is no entitlement for users to be able to register with What drops now.

2.2 Only natural adult persons may become users of What drops now.

2.3 The user data requested by What drops now is to be submitted completely and correctly. This includes first and last names, a valid email address and user name. The use of a temporary email address is prohibited.

2.4 If there are any changes in the user’s data, the user is obliged to correct the information in the user account with immediate effect.

2.5 Upon registration users choose a user name and a password. The user name must not consist of an email or internet address, nor affect third party rights in any way nor violate the principles of public decency.

2.6 Users must keep their password secret and take care to prevent access to their user account. Users undertake to inform Titel Media now immediately if there is evidence of unauthorized use of their data.

2.7 Titel Media will under no circumstances pass on a user’s password to third parties and will never ask for a password via email or per telephone.

2.8 Users are liable for all activities which take place under their user account. If the user has not, however, breached his/her duty of care, the user will not be held liable.

3. Sanctions, Locking and Termination

3.1 Titel Media can delete a user account if he/she breaches any statutory provisions, third party rights (in particular intellectual property rights) or general terms and conditions of use. 3.2 Furthermore Titel Media reserves the right to terminate a user account if the user has been inactive for 6consecutive months or if the account contains obviously incomplete or inaccurate data. 3.3 Users can terminate their account at any time. Notification in writing or via email to info@whatdropsnow.com will suffice for the notice of termination. The deletion of an account is also possible in the user menu.

4. User Duties

4.1 Every user is responsible for any contents he/she has placed on What drops now, Facebook or any other social networking site. He/she undertakes to place no contents on to What drops now which breach statutory rights, these Terms of Use, the principles of public decency or which infringe any third party rights (regarding in particular copyright law, trademark law, personal rights and rights to names).

4.2 The user indemnifies Titel Media of any claims made by third parties against Titel Media because of content he/she has submitted. This includes costs for reasonable legal proceedings.

4.3 In particular it is prohibited, within the framework of the use of What drops now to: - submit pornographic or other content which infringe the youth protection laws; - submit any content without ownership of the necessary copyright; - enter defamatory, offensive, racist, insulting, slanderous content or content containing any other unlawful information; - send chain letters outside your own group of friends; - upload any data which may contain damaging programmes (e. g. virus programmes or spyware); - intercept or attempt to intercept messages; - advertise products or companies unfairly or misleadingly; - advertise other online shops or trademarks - send/post messages for commercial purposes.

5. Data Protection

5.1 Within the framework of the registration and use of What drops now, Titel Media will collect and process the following personal data: user name, Christian name and surname, email address, currency and products/brands which users follow and which they like or would like to own, in order to offer a personalized stream of products.

5.2 What drops now also offers users the possibility to register via the Facebook Login. Facebook is a social Network, operated by Facebook Ireland Ltd, Hanover Reach, 5-7 Hanover Quay, Dublin 2 Ireland. Regarding the Facebook account, the data protection terms and terms of use of Facebook Ireland Ltd. apply. When registering by Facebook Login, users log themselves in directly at the Facebook page. Titel Media therefore never learns of a user’s Facebook access information. The login is saved in the form of an anonymous key. For future visits users can then continue to use the Facebook login in order to log in to What drops now. If users log in via Facebook, Titel Media will process their public profile data. The nature of this data depends on the user’s privacy settings. The following data is always public: Facebook-ID, Christian and surname, link to profile, user name, sex, location and age range. If What drops now needs to access further information from Facebook, Facebook will ask the user for permission. Without consent of the user, Titel Media can therefore not process any further Facebook user data.

5.3 If, upon registration with What drops now, users have given their consent to receive the newsletter, then their email address, Christian name and surname will be used for this purpose.

5.4 Titel Media shall only process personal data if this is allowed by law or if users have given their consent. Titel Media will pass user data on to third parties only with the express consent of the user or if Titel Media is obliged to do so within the framework of contractual obligations.

5.5 Users may revoke their consent to the processing of their data under the following email address at any time: info@highsnobiety.com.

5.6 User data is not visible to third parties and cannot be researched by non-registered visitors to the website.

6. Unlawful Use

6.1 Every user is obliged to refrain from sorting, saving, processing, changing, passing-on or using commercially the contents, offers, lists, data-banks and other data from the What drops now Website through the use of manual or technical aids (Robot or Spider Software, Offline Readers or other software).

6.2 Technical or manual attacks with the goal of changing, abusing, deleting or in any other way damaging the data of individual users are prohibited.

6.3 Logins and personal passwords may not be passed on to or shared with third parties.

6.4 The What drops now content may not be used or communicated in any way which could damage its good name.

6.5 Users have the possibility to report any suspicion of infringement of the terms of use by another user under info@highsnobiety.com.

7. Disruption of the Website

7.1 Users may not engage in any activities which could result in unreasonable or excessive pressure being put on the What drops now infrastructure.

7.2 Users may not block, overwrite or modify any contents generated by What drops now or in any other way impair website functionality or processes.

8. Limitation of liability

8.1 Titel Media is only liable for wilful intent and gross negligence vis-à-vis its users. In the case of a breach of fundamental contractual obligations or non-fulfilment of contractual obligations, Titel Media is however liable for negligent conduct by its employees or vicarious agents.

8.2 In so far as Title Media is liable for wilful intent or gross negligence, liability shall be limited to claims that are typically foreseeable at the conclusion of the contract. Only in the case of wilful intent or gross negligence shall Titel Media be liable for the compensation of indirect damages and lost profits.

8.3 The aforesaid exclusions and limitations of liability do not apply to damages resulting from death, personal injury or harm to health nor in the case of other compelling legal provisions.

9. Written Form and Applicable Law

9.1 Only declarations provided in written form or by email shall be deemed legally relevant within this contractual relationship.

9.2 Titel Media communicates with its users using their postal and email address as supplied in the user profile.

9.3 The contractual relationship shall be governed by the law of the Federal Republic of Germany with the exclusion of UN commercial law. The legal venue is Berlin, Germany.

10. Amendments to the Terms of Use of What drops now, Severability Clause

10.1 Titel Media reserves the right to amend these Terms of Use at any time and without explanation. Users will be notified about changes in the Terms of Use by email no later than two weeks before the changes enter into force. If a user does not object to the validity of the new Terms of Use within two weeks after reception of the email, the amended Terms of Use shall be deemed as accepted. Titel Media will refer separately to the particular significance of this two-week period in the email containing the amended Terms of Use.

10.2 Should any provision of these Terms of Use or other Terms of Use referred to herein be invalid, the rest of the provisions shall remain unaffected. The invalid provision shall be replaced by a valid provision that comes closest to the economic aim and purpose of the invalid provision. Where there are any gaps in the provisions, the same shall apply

 

Status as of: 25.03.2014