Last amended: March 2016
Please note that in order to register and become a member of the trnd community, and to take part in trnd Projects, you must be aged 18 or over.
(1) In order to use the trnd Platform and the Services offered on it, and take part in trnd Projects, you must be a member of the trnd community. To become a member, you need to register on the trnd Platform and create an account (the “trnd Account”).
(2) Your registration is governed by the following terms and conditions:
(2) Use of the trnd Platform and of the Services is limited to private, non-commercial purposes only (i.e. to purposes which can, for the most part, be regarded as being outside the User‘s commercial or self-employed professional activities).
(3) All Users have an obligation to abide by applicable law, to respect the rights of third parties and to be courteous and respectful to other Users in using the trnd Platform and the Services offered on it and in all interactions with other Users.
(2) As a rule, trnd Projects are not run by trnd but by the trnd Group Company locally in charge of the trnd Project concerned. If the application of a User is successful, that trnd Group Company will be his or her contracting partner for running the trnd Project concerned.
(3) Participation in trnd Projects is voluntary and free of charge.
(4) Each trnd Project is open to a limited number of Users only who must meet certain criteria set for the respective target group by the Campaign Partner whose products are tested in the trnd Project concerned. Therefore, the selection of Participants will be based inter alia on these criteria, but is otherwise at the free discretion of trnd or the trnd Group Company in charge of the trnd Project concerned. There is no entitlement to participation in a particular trnd Project. Legal remedies are excluded.
(6) You can apply for a trnd Project via the trnd Platform; as a rule, you will be able to apply only if you have received an invitation (an “application ticket”) from trnd, or from the trnd Group Company in charge of the trnd Project concerned, to apply for the specific trnd Project.
(10) In a trnd Project, the selected group of Participants will be provided with products of a specific Campaign Partner for testing or certain specific product information will be made available to them. Participants are encouraged to test, rate and recommend the products and/or to familiarise themselves with the product information. In no way are the selected Participants obliged to use or rate the test product.
(13) Test products provided to a Participant as part of a trnd Project by trnd or the Campaign Partner are specimens and are not for sale. The sale of these test products, particularly through platforms such as eBay, is prohibited. You are advised that unauthorised resale may infringe the trademark rights of the Campaign Partner because the Campaign Partner did not put these test products on the market to be resold.
(1) If you use the Services offered on the trnd Platform (i.e., for example, take part in surveys, submit contact reports, etc.), trnd may award bonus points referred to as trnd “Wombats”. Wombats show how active you are as a member of the trnd community. This may be one of the factors in selecting the Participants for future trnd Projects.
(2) trnd awards the trnd Wombats at its own discretion and is not bound by any guidelines when doing so. Wombats are currently awarded for contact reports submitted, for participation in surveys, for toptrnds submitted and published, and for successful referral of friends. As a rule, you will be awarded 3 Wombats for any of these activities. However, the award of Wombats in recognition of contact reports submitted by you will also be based on how extensive or detailed your reports are.
(3) trnd Wombats have no monetary value and cannot be paid out in cash. They are non-transferrable.
(4) trnd reserves the right to change, extend or reduce the trnd Wombat program for the future at any time without prejudice to the Wombats that have already been awarded to you.
(1) All content of the trnd Platform made available to you by trnd or the Campaign Partners, including text, designs, graphics, logos, icons, images, audio files, downloads, interfaces, codes and software and any part or combination of the foregoing, and all other documents and materials (hereinafter collectively referred to as “Material”) are protected by copyright and/or trademark laws and other applicable laws in favour of trnd and/or its licensors and may be used only in accordance with the terms and conditions laid down by trnd and in compliance with applicable law.
(2) You may download or print the Material on the trnd Platform for the purpose of obtaining information about products and services of trnd, and use and process such Material in line with the requirements and guidelines applicable to your participation in a specific trnd Project, provided that you do not change or delete any copyright, trademark or other proprietary notices from the Materials you view, download or print. trnd may restrict or revoke this right of use at its sole discretion at any time. Any commercial use of the Material – including, without limitation, its reproduction, transformation, distribution, communication or making it publicly available for commercial purposes – without the consent of the relevant rights holder is expressly prohibited. All other rights in the Material, including all intellectual and industrial property rights associated therewith, remain with trnd and/or its licensors.
(4) trnd reserves all rights in and to the trnd Platform and its content not expressly mentioned herein.
a. Grant of rights in User-submitted content
(1) As part of your use of the trnd Platform, specifically your participation in trnd Projects, you may submit different types of content, such as contact reports, reports, images, audio and video files, comments or blog contributions (hereinafter collectively referred to as “Content”), to trnd and publish them.
(2) Except with respect to comments, you may at your own discretion choose whether you want the Content you submit to trnd to be for internal information of the trnd staff (in which case trnd will use your Content for internal evaluation of completed trnd Projects and your activities), or whether you want the Content to be public (in which case others will be able to see your Content).
(3) You grant trnd the following rights of use in all Content you submit to trnd:
(4) Moreover, you agree that trnd may publish the user name you have chosen, which is transmitted to trnd together with the Content, when using your Content as approved by you. Your moral rights will not be affected by this provision.
(5) All Content you share for publication is generally accessible via the trnd Platform without time limit as long as the trnd Project concerned, in the context of which your Content was published, is accessible via the trnd Platform. However, you may request for justified reasons (e.g. in case of termination of your membership of the trnd community) that trnd delete the Content you published.
(6) When sharing your Content, you may also be offered to optionally consent that
(i) trnd may use your Content to advertise the trnd community and trnd’s WOM offering (advertising use by trnd). By agreeing to this, you grant trnd a non-exclusive, sublicenseable, worldwide, royalty-free right, for the duration of its protection under applicable law, to reproduce, distribute, publish, make publicly available and otherwise communicate publicly the Content or any part of it in any form (e.g. in printed material, such as flyers, trade fair banners and brochures, or in digital form, such as email newsletters, presentations, online banners, etc.) for the advertising purposes referred to above, in any form or medium, and the right to adapt, transform or modify the Content to the extent required for these purpose for technical or legal reasons (taking into account the creative uniqueness of the Content and any moral rights that may apply);
(ii) trnd may make your Content available to the Campaign Partner whose products you tested in the trnd Project concerned to enable the latter to use your Content to advertise the products you tested (advertising use by Campaign Partners). By agreeing to this, you grant trnd the right to grant the respective Campaign Partner a non-exclusive, sublicenseable, worldwide, royalty-free right, for the duration of its protection under applicable law, to reproduce, distribute, publish, make publicly available and otherwise communicate publicly your Content or any part of it in any form or medium (e.g. in printed material including flyers and brochures, or in digital form through email newsletters, presentations, online banners, etc.) for the advertising purposes referred to above, and the right to adapt, transform or modify the Content to the extent required for these purpose for technical or legal reasons (taking into account the creative uniqueness of the Content and any moral rights that may apply).
(7) Your consent to the use described above is voluntary and you may withdraw it with effect for the future use at any time, unless trnd or the Campaign Partner concerned would be unreasonably affected by such withdrawal. Your right of withdrawal is in particular restricted in cases where trnd or the Campaign Partner would be unreasonably impaired in their exploitation of any advertising material already produced or ordered. Please note that Content once published (e.g. on the trnd Platform) in principle remains accessible or publicly available if you subsequently withdraw your consent. However, subject to the conditions set out above, you may request that such Content be subsequently deleted.
b. Guidelines for User-submitted Content; Indemnity
(1) The User is solely responsible for any Content he or she submitted to trnd, including, without limitation, for its accuracy, completeness and lawfulness.
(2) You agree to submit Content to trnd only if you are confident that all the Content you submit meets the following requirements:
(4) You indemnify trnd (and its directors, officers and employees) against all claims, demands and losses – including any reasonable legal and court fees– arising from any culpable breach of your obligations referred to above.
(6) In any event, trnd reserves the right to remove submitted Content without prior notice or to refuse to publish or distribute it.
a. Availability of the trnd Platform and of the Services
(1) The trnds Platform is provided by trnd free of charge and at its sole discretion. You have no right to claim access to the trnd Platform or any of the Services or functions of the trnd Platform.
(2) trnd has the right to alter and/or to discontinue (in whole or in part) the trnd Platform or Services offered on the trnd Platform at its sole discretion at any time.
(3) The trnd Platform or any of the Services may be temporarily unavailable due to technical issues. Even as participants in a trnd Project, Users have no claim to permanent availability of the trnd Platform and the Services of trnd. trnd is not responsible, and accepts no liability, for uninterrupted and fault-free access to the trnd Platform and/or the Services.
(4) Users must ensure themselves at their own cost that they have the necessary technical requirements to use the trnd Platform and the Services of trnd, including, without limitation, the necessary hardware and software (e.g. an Internet browser) as well as access speed and data transmission speed. trnd accepts no liability for the compatibility of the trnd Platform and of the Services offered on the trnd Platform with your specific hardware and software environment.
b. Accuracy, completeness, lawfulness and up-to-dateness of information and Content on the trnd Platform
(1) trnd is not responsible, and accepts no liability, that the statements, data and/or other information provided through the trnd Platform (hereinafter referred to as “Information”) are at all times accurate, complete and up-to-date. The Information provided on the trnd Platform is for general information only and should neither be regarded as a reliable source nor as the sole basis for decisions. If you rely on Information on the trnd Platform, you do so at your own risk. Please note that Information on the trnd Platform may be obsolete. We reserve the right to amend the Information on the trnd Platform at any time, but have no obligation to verify or update the Information on the trnd Platform. It is your responsibility to monitor any changes to the Information on the trnd Platform.
(2) trnd further does not accept any responsibility that the Content generated and submitted by Users of the trnd Platform is accurate, complete and up-to-date; this is the sole responsibility of the User concerned. In particular, trnd is not responsible for ensuring that the Content generated by Users of the trnd Platform complies with applicable laws and is free of any third-party rights. trnd is unable to fully control and regularly review all User-submitted Content on the trnd Platform. trnd does not adopt such Content as its own and expressly dissociates itself from any views and opinions expressed in such Content which may not necessarily reflect the views of trnd.
c. Links to external websites
Our offer includes links to external websites of third parties whose content is outside our control. We can therefore not accept any responsibility for such third-party content. These links are offered to you as a service and provided merely as a reference to third-party websites which may contain further relevant Information. However, all Content on linked sites is the sole responsibility of the party offering such Content or the operator of the linked website at all times. trnd does not review all the Information made available on such third-party websites. trnd is also unable to monitor the Content of linked websites on a regular basis. The reference to those websites does not mean that trnd adopts the Content on these websites as its own. trnd expressly dissociates itself from any views or opinions expressed on these websites which may not necessarily reflect the views of trnd. trnd is not liable for any loss, damage or other harm resulting from the use of linked websites.
(1) trnd shall be liable for damages without limitation in cases of intent or gross negligence.
(2) Moreover, trnd shall be liable for damage caused by simple negligence which are due to a material breach of duty which endangers the achievement of the objective of the contract with you, or to a failure to comply with duties the very discharge of which is a prerequisite for the proper performance of the contract and on the observance of which you can rely. Any further liability of trnd in cases of simple negligence is excluded.
(3) The limitations on liability set out above apply to all claims for damages irrespective of their legal basis, except for claims for damages (i) in the case of injury to life, limb or health, (ii) if a guarantee has been given (if this is the case, the liability provision of the guarantee shall apply, provided the guarantee contains a provision to this effect), (iii) if defects were fraudulently concealed, and (iv) in cases of violation of the German Product Liability Act [Produkthaftungsgesetz – ProdHaftG].
(4) The above limitations on liability shall also apply in case of any claims for damages that may be asserted against directors, officers, employees, representatives or vicarious agents [Erfüllungsgehilfen] of trnd.
(1) You may terminate your membership of the trnd community at any time by terminating your User Agreement with us. To do this, please follow the instructions for termination of your trnd Account under “mytrnd” in "Settings". If you are involved in a current trnd Project at the time of your termination, please note that any obligations that may arise from your participation in the project (e.g. the obligation to return test products) continue to apply.
(2) trnd may terminate the User Agreement with you for convenience at any time by giving 14 days’ notice to you. The right to extraordinary termination for good cause shall remain unaffected.
(4) Termination of the User Agreement for convenience shall not affect the validity of any Project Agreement for participation in a trnd Project which may be in place at the time notice is given. Any reason justifying extraordinary termination of the User Agreement by trnd shall, at the same time, constitute a good cause for trnd or the trnd Group Company concerned to terminate all Project Agreements in place at the time notice is given. However, trnd or the trnd Group Company concerned is under no obligation to terminate the agreements in this case. Extraordinary termination of a Project Agreement shall be without prejudice to any obligations of the User which are to continue to apply after termination of the Project Agreement (e.g. the obligation to maintain confidentiality or to return test products).
If the User is a consumer and has his or her habitual residence in a country other than the Federal Republic of Germany at the time when he or she uses the trnd Platform and/or participates in a trnd Project, the choice of law made above shall be without prejudice to the applicability of mandatory provisions of the law of his or her habitual residence. A consumer is any individual entering into the User Agreement and/or the Project Agreement for purposes which can, for the most part, be regarded as being outside the User‘s commercial or self-employed professional activities. Consumers shall always be entitled to file a claim against trnd in the courts of the place where the consumer is domiciled.
trnd International GmbH, Winzererstrasse 47d-e, D-80797 Munich, Germany
Registered office: Munich – Registry Court: Munich – Commercial register no.: HRB 226897, Local Court [Amtsgericht – AG] of Munich – VAT ID pursuant to Sec. 27a of the German Value-Added Tax Act [Umsatzsteuergesetz – UStG]: DE238390954 –
Data Protection Officer: M. Plankemann, activeMind AG, Potsdamer Strasse 3, D-80802 Munich, Germany
Managing Directors: Torsten Wohlrab, Günter Lichtner.