Terms & Conditions (German version)
As of January 2018
1.1 Operator of the mobile applications “combyne” (hereinafter “App”) is
combyne GmbH, Balanstr. 73
Retailtech Hub, Haus 19 A
81541 Munich (hereinafter “combyne”).
1.2 combyne allows users of the App to consume and share various media-based fashion news in a simple and straightforward manner. Such materials are stored by different hosting platforms or by combyne directly. The App is made available to users of different mobile end devices (e.g. iOS, Android, etc.) and can currently be used worldwide in English and German language in a fast and user-friendly way. As a fashion community, combyne provides a platform that enables users to follow their favourite brands and bloggers, share news with friends and follow them, and present fashion items, outfits, videos and other functions on a variety of channels.
2.1 These terms and conditions apply to the App and include all online services, content, features and offers within the App in the offered operating systems. By using the App, you agree to the terms and conditions’ validity and accept them as binding. Please read them carefully.
2.2 The terms and conditions are applicable for both consumers and businesses. They are always available online and apply to all one-time and on-going services, unless specific rules apply. Opposing or deviating terms and conditions of the user are not binding, unless they are expressly agreed upon in writing.
2.3 combyne reserves the right to change these terms and conditions or to adapt them in the future, e.g. due to legal changes, in order to take into account changes in services or loopholes. In that case, users will be informed in an appropriate manner.
3.1 Subject of this contract is the free-of-charge use of the App.
3.2 The contractual relationship between you and combyne becomes effective by clicking the “install” button on the product description page of the respective app store and, if applicable, typing your respective password.
3.3 The service of combyne is addressed to users who are 15 and older. Users under 18 years (“minors”) require the consent of their parent or guardian.
3.4 In the free-of-charge version of the App, advertising may be displayed and may take the form of banners, full-screen pictures or logos of sponsors, and may need to be closed by clicking a box to go back to the App. Users of the App are not allowed to edit, remove or obscure any advertisements.
3.5 combyne reserves the right to cease rendering services that are free of charge at any time without prior notice. In this case the user is not entitled to claim continuation of the service.
3.6 combyne reserves the right to extend, modify or delete services or to make improvements, especially if these serve the technical progress, appear to be necessary or prevent abuse. The changes can alter the appearance, design, navigation or features of the App. In this case combyne does its best to consider the user experience.
3.7 Both users and combyne may terminate this contract with immediate effect at any time. In this case, you are no longer bound by these terms and conditions. Denunciation shall be effective by deleting the App from the respective mobile device.
4.1 You may use the App only with registration.
4.2 combyne offers various ways of registration, from which you can make your choice (e.g. Facebook , Twitter, e-mail). For a registration within the App you have to specify the necessary data truthfully and completely if these are not marked as voluntary. You have to choose a username and a valid e-mail address.
4.3 If maintenance is required and therefore the App is not available, you will be informed in advance if possible. combyne is not responsible for internet-/network caused downtime and especially not for downtime in which the App is not available due to technical or other problems, which are not within the sphere of influence of combyne (e.g. force majeure, third party, etc.).
5.1 In your profile you have the option to upload a profile picture. Before uploading any photos, you are responsible for ensuring that you own or are entitled to use the photo. You must ensure that the image or other uploaded content does not violate any legal regulations or third-party rights. You are solely responsible for the data, images, and content you provide. combyne checks neither their accuracy nor for viruses.
5.2 You are not allowed to publish and/or upload texts and/or images with violent, pornographic, discriminatory, abusive, racist, defamatory or otherwise illegal content or images. Pictures showing another person than yourself may only be uploaded on the App if you have the person’s consent.
5.3 In the App, content provided by combyne (e.g. pictures) may not be copied, distributed or otherwise made publicly available without permission of the copyright holder – unless permitted by law.
5.4 It is forbidden to carry out attacks on the functionality of the App, such as the mass sending of e-mails (SPAM), hacking attempts, brute force attacks, the use or the sending of spyware, viruses and worms.
5.5 If you violate these rules, combyne is entitled to warn you, temporarily block your account, and even completely suspend your use of the App, as well as assist law enforcement in the prosecution of criminal liability or assert a civil or criminal legal action with respect to content or use of the App that combyne reasonably believes is or might be in violation of these terms and conditions. Failure or delay in taking such actions does not constitute a waiver of its rights to enforce these terms. combyne is not obliged to give prior warning or notice of a removal of content or termination of a user account.
5.6 combyne assumes no responsibility for your or any other user’s texts, provided content, images, data or for the content of linked external websites. In particular, combyne does not guarantee that this information is true or fulfils a specific purpose.
6.1 You will hold combyne harmless against all claims, including claims for damages asserted by other users or third parties (including public authorities), for an infringement of third-party rights caused by your posted contents in the App. The user covers all reasonable costs, including costs for legal defence, arising for combyne owing to a violation of the rights of third parties caused by the user. All other rights, including damage claims by combyne remain unaffected.
6.2 The foregoing obligations shall only apply in so far as you are responsible for the infringement, you have acted knowingly or wilfully, or you have failed to exercise reasonable care.
6.3 It is technically not possible for combyne to determine with certainty whether a registered user actually has the identity that he pretends to have. combyne can therefore not accept any liability for the correct identity of users.
7.1 combyne provides several media content within the App. The provided content may also be copyrighted third party content. Such content does not belong to combyne and there is no way to change the content of third parties. combyne assumes no responsibility for the accuracy, legality, completeness and timeliness of contributions, in particular for the content and information contained on third party websites, which are referred to via links from the App. Therefore combyne is not liable for damages caused by the provision of third party content, such as infringement of copyright or other rights of third parties, and/or erroneous descriptions of items.
7.2 combyne is not obligated to improve, to update/upgrade the App, or to make available content and features in the respective App. combyne does not warrant certain functionalities of the App.
7.3 combyne refers to third parties websites via link, where users are able to buy fashion items. combyne is not involved in any transaction between the user and the third party and is not liable for any damages caused by any such transaction. Combyne is not responsible for the delivery of any items.
8.1 combyne is liable only for intent and gross negligence, including intent or gross negligence of its representatives or agents.
In cases of slight negligence combyne is only liable
a) in case of culpable injury to life, body or health
b) in case of culpable breach of an essential contractual obligation (a duty, whose fulfilment makes possible the purpose of the contract and the proper use of the Apps and on whose observance the user usually trust). The claim for damages is then limited to the foreseeable, typically occurring damage.
8.2 The above limitations do not apply if combyne fraudulently conceals a circumstance regarding the standard of the App or guarantees a certain functionality of the App. The same applies to any claims by the user according to the Product Liability Act.
Regarding the use of the App, you are generally entitled to a statutory right of revocation if you are a consumer who is ordinarily resident or resident in the European Union.
General – Right of revocation
You have the right to revoke this contract within fourteen days without providing a reason. The revocation period is fourteen days from the date of conclusion. To exercise your right of cancellation, you must inform combyne (letter, e-mail) of your decision to revoke this contract with a clear explanation. To comply with the revocation deadline, it is sufficient that you send the communication concerning the exercise of the right of withdrawal before this deadline.
Your right of revocation expires prematurely for contracts for the supply of digital content (such as the App) that are not saved on a tangible medium when combyne begins with the execution of the contract before the end of the revocation period after you explicitly agree and confirm that you will lose your right of revocation with the beginning of the contract’s execution.
The possible invalidity of one or more provisions of these terms and conditions shall not invalidate the remaining provisions.
Any use of the App or data, information, texts, text parts or images contained herein, and every action, toleration or omission related to the use of the App is exclusively subject to German Law. This also applies to the use or registration of users from other countries. The jurisdiction is determined by combyne’s location (Munich, Germany).