Terms of use
These general terms of use apply to any use of the trusted.de website (trusted.de) - hereinafter referred to as "website" - provided by:
trusted GmbHLevelingstr. 21
81673 Munich
e-mail: service@trusted.de
These terms of use govern the use of our website trusted.de, to which we refer here and which we publish on our website. We reserve the right to make occasional changes such as updating to the latest version. In addition to our General Terms of Use, this also applies to our User Guidelines and our Privacy Policy.
In the event of any conflict between the terms of use set forth herein and our User Guidelines, the latter shall prevail. By using our website trusted.de, you expressly agree to our Terms of Use, including our User Guidelines and our Privacy Policy. By registering as a user with a user profile on our website, you give us your express consent to these terms and conditions. If you do not agree with them, we ask you to stop using our website.
1. Personal Data
1.1 We collect various information for processing personal data in connection with the use of our website. The processing is always carried out in compliance with our guidelines on data protection.
1.2 By agreeing to our Terms of Use, you confirm that you have read and accept our Privacy Policy.
2. Registered Users
2.1 For unrestricted use of our website, you must create a profile with us and register as a user.
2.2 Only one profile per person is allowed on our website. This is personal and cannot be transferred to other persons.
2.3 To register on our website and get a user account, choose your own password and use it together with your email address to log in on our website. You should always keep your password in the best possible protection. You must also ensure that it does not fall into the hands of third parties. If you become aware that your password has been compromised or if it is used in violation of the Terms of Use, you are obliged to inform us as soon as possible. We will then immediately block it and replace it with a new one.
2.4 When registering on our website, you must also provide your first and last name. In order to create the greatest possible transparency for our users, the name of the author will always be displayed on our website next to his or her created User Generated Content (see point 3). This includes ratings and comments, for example. They can therefore be identified by other people at any time and expressly declare their agreement with this. You may therefore only use your own name. The use of fictitious names, as well as names of famous personalities or other personal names belonging to a third party and to which you have no rights, is not permitted. By registering on our website, you guarantee that you will only use your own name and that it does not infringe the rights of third parties or these terms of use.
2.5 In case of a violation of these Terms of Use or in case of a violation of applicable law, we are entitled to delete, block or change your profile at any time without prior notice. This also includes the User Generated Content (see point 3) created by you on our website. Should we have to delete your profile, you will also not be able to access any services on our website which are exclusively reserved for our registered users.
2.6 Furthermore, we reserve the right to remove your profile and the User Generated Content (see point 3) created by you from our website at any time and without prior notice or any explanation. In this case our disclaimer of liability applies without limitation.
2.7 If you are not a registered user of our website, you are not permitted to access or attempt to access parts of our website for which registration is required.
3. User generated Content from registered Users
3.1 All content such as comments, ratings, articles, notices, information or other materials and communications that a registered user creates on our website is referred to as User Generated Content or UGC for short. By creating any UGC on our website, the respective registered user grants trusted GmbH a non-exclusive right of use to the greatest extent permitted by law. The non-exclusive right is granted for free use, is unlimited in time, space and content, comprehensive, irrevocable, transferable and sublicensable. Also included are all intellectual property rights. A registered user has no claim to fees in connection with UGC, license payments or other compensation.
3.2 A registered user is liable for any UGC he publishes on our website.
3.3 Registered users guarantee the following when publishing any UGC on our website:
- It always refers to a company from which a product or service was actually purchased or used and that it can prove this
- All statements are true and based on facts
- All opinions expressed are sincere
3.4 A registered user must be able to prove that his published UGC on our website is based on an actual purchase experience with a real customer relationship with the company to which his UGC refers. Furthermore, we may at any time request information about the UGC that proves its content. This may include, for example, an invoice, proof of purchase or receipt or delivery note.
3.5 Registered users are not allowed to publish UGC about companies with which private or professional relationships exist.
3.6 Registered users are not allowed to publish the following content on our website through their UGC, the:
- violate the rights of others, including all intellectual property rights
- violate these terms of use, including the user guidelines
- are offensive or in any way violate applicable local, national or international laws or regulations serve or promote an illegal purpose
- is unlawful, misleading, deceptive, abusive, fraudulent, tortious, obscene, pornographic, defamatory, libellous, profane, harassing, abusive or threatening in any way
- are of an ethnic, political or sexist nature
- can cause technical damage, such as computer viruses, Trojan horses, worms, logic bombs, harmful data and components of any kind or other malicious software
- contain any form of advertising
3.7 Authors of UGC warrant that it is lawful in all respects and complies with these Terms of Use. Should the UGC violate any applicable law or otherwise cause damage, we reserve the right to delete it at any time and without notice. Depending on the nature of the violation, we will be relieved of our duty to protect privacy and will be forced to notify the violated party and inform the authorities. The right to remove UGC from our website at any time is independent of any justification. Rather, we will always endeavour to inform the respective registered user about a deletion and to inform him/her of the reasons.
3.8 In the event of a violation of applicable national or international law, as well as these Terms of Use by the UGC of a registered user, we are entitled to take legal action against him if we consider it necessary.
3.9 A registered user indemnifies us against any liability that may be brought against us as a result of a violation of his UGC against national and international law or these Terms of Use. Any third party claims or losses arising from a registered user's UGC will always be addressed directly to the registered user and he will release us from any liability and any third party claims.
4. Content protected by Copyright and non-exclusive Rights
4.1 In addition to the intellectual property of the trusted.de website, all content and media such as texts, images, videos, logos, references, calculations and software are the property of trusted GmbH or a third party owner and are protected by German or international laws. This includes, for example, the German copyright law and the German trademark law. If you provide us with feedback such as ratings, comments, ideas or suggestions regarding our website, you also grant us permission to use them without restriction.
4.2 Unauthorized copying, representation, distribution or other use of our website or a part of it for any other purpose is a violation of applicable German and international law. Any unauthorised action can therefore be prosecuted under civil and criminal law.
4.3 By submitting UGC, you transfer to us the right of free use to the maximum extent permitted by law. This you grant us in the sense of §31 UrhG, unlimited in time, space and content, comprehensive, irrevocable, transferable and sublicensable.
4.4 Downloading and other digital reproduction of our website or parts thereof is only permitted for personal and non-commercial use. Anything else must be explicitly agreed with us and must be recorded in writing or must result from applicable, mandatory law.
4.5 All company names, trademarks and other business designations on our website are the property of trusted GmbH or a third party owner and may only be used after prior agreement and written consent from us or the respective third party.
5. Exemption and Exclusion of liability
5.1 Our entire website with any content and all services offered on it are offered by us without any guarantee of accuracy. Furthermore, we make no warranty as to the content or accuracy of the UGC and our website. Furthermore, we do not assume any liability for a deletion or blocking of the UGC by us or third parties. We may delete any content on our website at any time at our sole discretion and free of any liability. In addition, we expressly exclude any right, warranties and other terms otherwise granted by law, common law or equity.
5.2 We have no obligation to review or monitor UGC posted on our website. However, we reserve the right to review or edit UGC at any time if such action is required by, for example, a third party request, required by applicable law or necessary to comply with our Terms of Use.
5.3 We are free from any liability for the content in UGC on our website. Furthermore, our disclaimer applies to any UGC on our website, including that which is being processed by us. We do not accept any liability for links in the UGC that refer to third party websites. Nor do we accept any liability for the content of any linked website.
5.4 Comments, ratings, recommendations etc. relating to specific products, companies, services etc. on our website are for guidance only. In no case we are liable for the content on our website. The use of our website and all content such as overview pages, test reports, data sheets and cost overviews is the sole responsibility of the user in all respects. We assume no liability for the availability of our website.
5.5 We exclude any liability for damages resulting from the use of our website. This includes for example:
- Decrease of the company value
- loss of orders
- Missed profits
- Loss of sales
- Loss of earnings
- loss of business opportunities
- data loss or corruption
- Missed savings or revenue
- Any loss or damage incurred in connection with liabilities to third parties
- Indirect losses or consequential damages of any kind
- Security breaches caused by the failure of the Internet
5.6 The liability for fraudulent misrepresentation or deliberate misrepresentation about essential points, as well as the liability for other matters which cannot be excluded or limited under applicable German law, remains unaffected by these terms of use.
6. Other terms of use
6.1 We reserve the right to revise or change our terms of use at any time and without notice. As a user of our website, you are always subject to the current version, accept it and expressly declare your agreement with it. Any revision or update of our Terms of Use will be published on our website and can be viewed at any time. In addition, we make every effort to inform registered users by email about any changes to the Terms of Use. By continuing to use our website after the publication of the new version of our Terms of Use, registered users declare that they agree to the validity of these Terms of Use. Furthermore, we may change, completely redesign or even shut down our website at any time and without prior notice.
6.2 Should individual provisions of these Terms of Use violate applicable law or be found to be invalid and therefore not be able to be implemented, the validity and feasibility of the remaining provisions shall remain unaffected.
7. Term and Termination
7.1 Without liability whatsoever, we reserve the right to deny you access to and use of our website and the services offered there at any time and for any reason. In this case, or if we or you delete your profile, any right granted by us will be forfeited with immediate effect. All aspects of these Terms of Use will survive termination.
8. Applicable law and jurisdiction
8.1 These Terms of Use shall be governed by the laws of the Federal Republic of Germany and, unless otherwise provided, the general provisions of German law shall apply to any legal relationship between us and any user of our website. The place of jurisdiction for all disputes is the Regional Court of Munich, unless another place of jurisdiction is mandatory.