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trnd Terms of Use and Participation

trnd Terms of Use and Participation

The following terms of use and participation of trnd AG, Winzerstr. 47d, 80797 Munich, district court of Munich, HRB 171131 (hereinafter referred to as "trnd") govern the legal relationship between trnd and you as the user of the online platform trnd.com (hereinafter referred to as "online platform") or you as a participant in trnd projects.

Further below you will find the specifics of the trnd terms of use and participation (hyperlink).

This is a summary:

By registering with trnd you receive the opportunity to take part in trnd projects and test and rate products.

By registering, you also agree (opt-in) to receive information by e-mail on new trnd projects, surveys and activities as well as our feedback on your undertakings with trnd.

trnd will never disclose to third parties your personal data that you supply when registering. We care deeply about your privacy and the protection of your personal data. For details, please see our privacy policy (hyperlink).

If you decide to take part in a trnd project, you give us permission to analyse the results of your activities together with the results of other participating members, and to disclose these results to our customers. The report to our customers will be anonymised. This means that none of your personal information or data, such as your name and address, will be disclosed! Our customers are not interested in your personal data at all, and only want to know about your word of mouth activities and your opinion of their products.

You must be at least 18 years of age to register with trnd and take part.

This is the full version of the trnd terms of use and participation.

Preamble:

trnd provides registered users the opportunity to take part in trnd projects as so-called opinion leaders/trendsetters and to test and rate new products. Moreover, additional services offered through the website (such as voting on top trnds and similar) may be used. Registration does not constitute an obligation to take part in trnd projects.

1. Scope

These terms of use apply for all users registered with trnd as members.

2. Registration

(1) Registration as a member is required in order to take part as an opinion leader/trendsetter in trnd projects and to test and rate new products.
(2) Each trnd member may only create and use one trnd account. Multiple registrations are not permitted.
(3) Each registrant must supply accurate data and must make truthful statements. The member will receive a password during registration. The member must keep this password secret, and must ensure it is protected from unauthorised access by third parties. The member will immediately notify trnd of any unauthorised use of the trnd online platform undertaken using his or her user name and password. Once the account has been created, the user will receive an e-mail to verify the e-mail address.

3. Data protection/personal data.

trnd is aware of the sensitive nature of personal data, and takes steps to protect privacy when collecting and processing personal data of users. Personal data is collected, processed and used in compliance with the statutory provisions. For details, please see the data protection agreement (hyperlink!) (user consent to the handling of personal data).

4. Duration, cancellation.

(1) Registration as a trnd member does not constitute an obligation to take part in trnd projects.
(2) The user may cancel membership at any time by deleting his or her account.
(3) trnd may cancel the user agreement with 14 days' notice. The right to immediate cancellation for cause remains unaffected by this regulation. Cause for immediate cancellation by trnd may be given in particular if the user is in breach of the rules of use (Clause 5 of this document) or the copyright terms (Clause 7 of this document). Cancellation must be made in writing or by e-mail in each case. Any existing trnd project agreements will remain unaffected by a cancellation of the user agreement.

5. Rules of use, participation in projects, trnd points.

(1) Each member is obliged to observe applicable laws when using trnd services and interacting with other members, and must treat other members with respect and politeness.
(2) In a trnd project, products of a certain advertising company are provided to a select group of members for testing, or certain insider information is made available to them. The member will test, rate and recommend the products or inspect the insider information. In no way are the selected users obliged to use, test or rate the test product. If products or product information of advertising companies is recommended, the member must indicate that he or she is participating in a trnd project. The member will always be frank in their opinion of the product. Criticism is expressly permitted. Further aspects are governed in the respective product's terms of participation, which take precedence over these general terms in cases of doubt.
(3) There is no entitlement to participation in a particular project. trnd will select participants for a project at its own discretion. This decision is final.
(4) Participation in a project always presumes age of majority.
(5) trnd reserves the right to exclude members from a project who are in breach of these terms of use or the project's particular terms of participation.
(6) Goods or items provided to a member as part of a project by trnd or the advertising company are specimens and are not for sale. The sale of these products, particularly through platforms such as eBay, is prohibited. You are advised that the unauthorised resale may infringe the trademark rights of the advertising company, as the advertising company did not put these test products on the market for reselling.
(7) Some trnd projects require the test product(s) to be returned. trnd will explicitly advise you of any obligation to return the products prior to your application to participate in the trnd project. Test products that were made available to users for a limited time may be used by users for this time only, and must be sent back to trnd without delay after this period has ended. If the duration of use is not specified, the test product must be returned to trnd immediately on request. trnd will bear the costs for return shipping, unless expressly agreed otherwise within the scope of the trnd project agreement.
(8) If members take part in surveys, transmit conversation reports, etc., trnd may award rating points referred to as trnd "Wombats". Wombats show how active a trnd member is. trnd awards the trnd Wombats at its own discretion and is not bound to any guidelines when doing so. However, as a rule, the award of trnd Wombats is based on how extensive or detailed the reports are of certain product experiences, opinions and ideas in case of participation in a project. trnd Wombats have no monetary value and cannot be paid out in cash. trnd Wombats are non-transferrable. trnd is entitled to change, extend or abbreviate this rating scheme for the future at any time.

6. Changes to these terms of use.

trnd reserves the right to make changes to these terms of use. Members will be notified of such changes prior to their next use of the trnd services after signing in to the trnd online platform. If a member does not agree with the changes, he or she must terminate the membership in accordance with Clause 4. The changes enter into effect at the time indicated by trnd.

7. Copyright.

(1) The content of the trnd website as well as other surveys and materials provided by trnd to the member are generally protected by copyright laws and may only be utilised in accordance with the conditions and requirements of trnd. Any other reproduction, distribution or performance thereof, or making them available to the public, is not permitted without the rights holder's consent.
(2) If trnd offers software for downloading, then you will only have the right to use this software for the intended purpose on one computer.
(3) trnd members who publish or submit articles/content on trnd web blogs or the online platform grant trnd a non-exclusive, gratuitous right of use throughout the universe in perpetuity to the published content (in particular blog and discussion contributions as well as submitted articles, images and videos), which entitles trnd to distribute, reproduce and make this content available to the public.
(4) By submitting content to trnd you represent and warrant the following: • You are the sole author and owner of the intellectual property rights thereto;
• All content supplied by you is accurate;
• You are at least 18 years of age;
• The use of the content supplied by you does not infringe these terms of use.

Moreover, you agree and warrant that you will not submit any content • that you know to be false, inaccurate or misleading;
• that infringes the copyright or other rights of third parties;
• that is in breach of statutory provisions or official orders;
• that is defamatory, libellous, insulting or discriminatory toward an individual or company.
• for which you have received payment or other consideration from a third party;
• that contains information about other websites, addresses, e-mail addresses, contact details or telephone numbers;
• that contains computer viruses, worms or other potentially malicious computer programmes or files.
(5) As a trnd user you indemnify trnd – or trnd AG – (as well as its official representatives, executives, directors, agents, joint ventures, employees and external service providers) against all claims, demands and losses, including any accruing lawyer and court fees, resulting from a violation of your agreements and obligations stated above.
(6) trnd reserves the right to change, summarise or delete any and all content on the trnd websites, which trnd believes is in breach of the content guidelines or any other provision of these terms of use.
(7) In any event, trnd reserves the right to remove submitted contributions or to refuse publication thereof. In the internal relationship with trnd, you are responsible for the content of your contributions.

8. Availability of the trnd website and services.

(1) trnd is entitled to discontinue its website and services at any time, and to terminate the user relationship at any time.
(2) Futhermore, the website and other services may be temporarily unavailable due to technical errors. The member is not entitled to uninterrupted availability of the trnd website and services.

9. Limitation of liability

(1) The user is obliged to provide at their own expense the technical conditions required to use the services of trnd, in particular the required hardware and software (such as an Internet browser) as well as access and transmission services. trnd makes no warranty for the compatibility of the services with the user's individual hardware and software equipment.
(2) trnd will be liable for damages only in the following cases:

• For damage resulting from loss of life, physical injury or loss of health caused by a deliberate or negligent breach of obligations by trnd, a legal representative or vicarious agent of trnd;
• For other damage caused by a deliberate or negligent breach of obligations by trnd, a legal representative, executive or vicarious agent of trnd;
• For damage caused by a deliberate or negligent breach of material obligations (cardinal duty) by trnd, a legal representative, executive or vicarious agent of trnd; Material obligations (cardinal duties) are obligations, the fulfilment of which is essential for performing the agreement, and on observance of which the user regularly relies;
• For damages that fall into the scope of a guarantee given by trnd (assurance) or a guarantee of properties and durability.

Insofar as no other agreement is made in these terms of use and participation, all claims for replacement of losses of any kind by the user are excluded. This does not apply to claims for damages arising out of a legally mandated liability, such as the Product Liability Act.

In the event of a breach of a material obligation due to ordinary negligence, liability will be limited to the amount of damage typically foreseeable. This excludes damages resulting from loss of life, physical injury or loss of health. Material obligations (cardinal duties) are obligations, fulfilment of which is essential for performing the agreement and on observance of which the buyer regularly relies;

10. Severability clause, legal venue, final provisions

(1) If one or more provisions of these terms of use and participation are, or become, invalid in whole or in part, or if these terms of use and participation contain an omission or if a specified deadline is in breach of the statutory standard, the remaining terms of use and participation will remain unaffected.
(2) The user agreement and these terms of use and participation are subject to the substantive law of the Federal Republic of Germany excluding the United Nations Convention on Contracts for the International Sale of Goods. Insofar as the user is a consumer, the choice of law will not affect special further rights of the country in which the consumer is habitually resident. A consumer is a natural person who has concluded the user agreement for a purpose that cannot be attributed to their professional or commercial activities.
(3) The sole legal venue for all disputes arising out of and/or in the context of the user agreement, including these terms of use and participation, is Munich if the user is a business person, legal entity under public law or special fund under public law. In departure thereof, trnd is always entitled to institute action against the user at his or her general legal venue. A business person is any entrepreneur who is entered into the register of companies or who undertakes trading activities and requires a business set up in a businesslike manner.

trnd AG, Winzererstraße 47d, 80797 Munich Email: info@trnd.com Registered in Munich - Munich Registration Court - Company register no.: HRB - 171131 - Munich District Court - VAT number pursuant to Sec. 27(a) VAT Act: DE238390954 - Data Protection Officer: Andreas Eiweleit, Laimer Platz 1b, 80689 Munich - Management Board: Rob Nikowitsch, Torsten Wohlrab, Guenter Lichtner, Robert Schlittenbauer. Chairwoman of the Supervisory Board: Bettina Bosse.

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