- You have read, understand, and agree to be bound by this Agreement and any future amendments and additions to this Agreement as published from time to time at this link or through the Services;
- You are sixteen (16) years old or older;
- You are of the legal age required in your jurisdiction to access or offer any alcohol, tobacco, or other age-restricted products in connection with our Services; and
- You have the authority to enter into the Agreement personally. Except as otherwise provided herein, if you do not agree to be bound by the Agreement, you may not access or use the Services. In addition, if you have been previously prohibited from accessing the Services, you are not permitted to access our Websites or the Services.
(c) Confidentiality. In your use of the Services, you may have (or have been given) access to information that is designated as confidential or that reasonably should be considered to be confidential given the nature of the information and/or the circumstances of disclosure (collectively, “Confidential Information”). Confidential Information includes items such as Customer/Brand lists or directories, messages transmitted through the Services, and the non-public aspects of the Services. Confidential Information does not include information that: (i) is in the public domain at the date of disclosure (and did not fall into the public domain as a result of your breach of this policy or any other confidentiality agreement); (ii) was rightfully in your possession before you gained access to it through the Services (and you can prove this fact by admissible, written evidence); or (iii) was rightfully received from a third party (who was in lawful possession of it) without any confidentiality or non-use restrictions. You will not use the Confidential Information other than for purposes of your authorized use of the Services. Further, you will maintain as confidential and not disclose any Confidential Information. Nothing shall prevent you from disclosing information obtained through the Services if compelled to do so by a court of law or government agency, on the condition that you provide advance notice to us and allows us a reasonable opportunity to intervene in the proceeding to protect the confidentiality of the Confidential Information. 5. Advertising Policy for Affiliate Links and Branded ContentWe may provide you with opportunities to advertise brands, partner brands, and influencers through affiliate links, referral links, product reviews, and social media content. When you post this information, you agree to comply with applicable advertising laws and social media advertising guidelines.We reserve the right to modify, suspend or terminate your access to the Services for any violations of our Advertising Policy.To comply with Federal Trade Commission (FTC) Guidelines, this means:
- You will only use the Services for lawful purposes, and not for deceptive or fraudulent purposes; you will not impersonate or misrepresent your affiliation with any person or entity; you will not send or store any unlawful material.
- You will not use the Services to cause nuisance, annoyance or inconvenience, including by sending any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation.
- You will not copy or distribute any content displayed through the Services, nor use, display, mirror or frame the Services or any individual element within the Services, STORME’s name, any STORME trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without STORME’s express written consent. You will not attempt to reverse engineer, disassemble, decompile, decode or otherwise attempt to derive or gain improper access to any software component of the Services (such as the source code), in whole or in part, or use access to the Services to develop any competing offering. You will not use any such materials for any purpose other than the permitted use of the Services.
- You will not in any way use, or use any means to gain access to, the Services or any Confidential Information (as defined in Section 4(c)) for benchmarking or competitive analysis with respect to competitive or related products or services, or to develop, commercialize, license or sell any product, service or technology that could, directly or indirectly, compete with the Services.
- You will not create or compile, directly or indirectly, any collection, compilation, or other directory from any content displayed through the Services except for your own personal use consistent with the permitted use of the Services. This includes, without limitation, any listing of Brands or other users of the Services that may be available.
- You will not collect or store any personally identifiable information from the Services from other users of the Services without their express permission, and you will timely inform us of any such permission received.
- The information you provide to us or otherwise communicate with us is complete and accurate.
- You will not use the Services in any way that could damage, disable, overburden or impair any of our servers, or the networks connected to any of our servers, or interfere with, or disrupt the integrity or performance of, the Services, or any data or content contained therein or transmitted thereby.
- You will not attempt to gain unauthorized access to any part of the Services (including non-public areas of the Services) and/or to any service, account, resource, computer system, technical delivery systems and/or network connected to any of our servers, including by avoiding, bypassing, removing, deactivating, impairing, descrambling or otherwise circumventing any technological measure implemented by us or any of our providers or any other third party (including another user) to protect the Services.
- You will not deep-link to the Services or access or search the Services or download, scrape, copy, monitor, or record any portion of the Services or any data or content contained within or transmitted by the Services, manually or with any engine, automated program, software, tool, agent, device, mechanism (including robots, spiders, web crawlers, extraction software, data mining tools, automated process and/or other devices), or any other method of screen scraping, unless we have provided tools expressly for such purposes.
- You will report any errors, bugs, unauthorized access methodologies or any breach of our intellectual property rights that you uncover in your use of the Services.
- You will not use the Services, or any portion thereof, for the benefit of any third party or products competitive with STORME or otherwise in any manner not permitted by this Agreement. For the avoidance of doubt, you will not use any portion of data or content contained within or transmitted by the Services, for any commercial use apart from the use of the Services for the purposes intended in our offering of them.
- You will not encourage or enable any other third party to take any action prohibited by this Agreement.
You agree to review the FTC Endorsement Guides andFacebook’s Advertising Policies. If you choose to advertise on other platforms, you agree to review the advertising and content guidelines of these other platforms. You agree to indemnify and hold us harmless for any violations of the Advertising Policy in accordance with Section 14 of this Agreement.6. Food, Drug, and Export Controls.(a) If products are provided by third parties through the Services, those third parties may separately provide representations and/or warranties regarding their products. If nutrition, ingredient, allergen, and other product information is provided through the Services, we do not represent or warrant that such information is accurate or complete. On occasion manufacturers may modify their products and update their labels. We recommend that you do not rely solely on the information presented on our Services and that you consult the product’s label or contact the manufacturer directly if you have a specific dietary concern or question about a product.(b) Additional terms and conditions may apply to purchasers and resellers of food and drug products. If you purchase products for resale through the Services, you represent and warrant that the items you purchase for resale will be sold or distributed by your organization and that with respect to such items you will comply with the applicable laws governing the export, import, and provision of goods and services in Germany and in the jurisdictions in which the end user of your products resides, operates, or will receive shipments.(c) Software related to or made available by the Service may be subject to export controls of Germany or other jurisdictions as applicable. To the extent permissible under applicable domestic laws, no software from the Service may be downloaded, exported, or re-exported: (i) into (or to a national or resident of) any country or other jurisdiction to which Germany and/or the EU has embargoes and/or ongoing sanctions; (ii) to anyone individually sanctioned by Germany and/or the EU, as well as other countries, if such sanctions legally restrict corresponding operations. You are responsible for complying with all applicable trade regulations and laws both foreign and domestic. Except as authorized by law, you agree and warrant not to export or re-export the software to any county, or to any person, entity, or end-user subject to applicable export controls or sanctions, including as set forth in subsections (i) – (iii) above.(d) STORME does not perform sales of products directly to the consumer. By using STORME’s Website and/or Services you certify and guarantee that all products sold by you, in the event you sell products, are in full compliance with all applicable laws and regulations. In no case shall STORME be responsible for the quality of products, for the compliance of the products with the laws, regulations and specific guidelines, including but not limited to certification, licensing, insurance, rules of storage and sale of such products. You shall resolve all requests, claims, lawsuits regarding the products you sell, sold in the past or shall sell in the future with no involvement of STORME. If you intend to perform sales of products with the help of Services, you are solely responsible for the products sold by you. If you intend to perform cross-store sales of products with the help of our Services, you are solely responsible to make sure selling such products does not violate any laws and/or regulations. STORME does not and shall not guarantee that products from your store and from stores other than yours are free of faults, errors; that such products comply with the applicable laws and regulations; that selling of such products does not violate the rightsholder’s rights and legitimate interests; that you are legally allowed sell such products to consumers of any age and/or geographical location. You understand and agree that STORME may verify the products and/or sellersand request any documents and/or information from you regarding your store and/or products and/or your legal entity, as well as remove certain products and/or block sellers from using the Services in the event of any suspected violations of rights of STORME, consumers and/or third parties’ interests, but STORME is under no obligation to perform such verification. For the avoidance of doubt, STORME is not a marketplace, marketplace facilitator, online shopping platform, remote seller or any other entity performing sales or providing opportunity to purchase products from STORME. You are solely responsible to make sure the products you intend to sell are in compliance with the all applicable policies and restrictions of the platform, marketplace, website etc., where such products are to be sold by you. (e) STORME does not warrant that the quality of Services will meet yourexpectations, or that any errors in the Services will be corrected. (f) STORME has the absolute discretion to impose restrictions on products to be sold with the use of Services, including forbidding certain products and/or certain categories of products to be sold with the use of Services, without any explanation, effective immediately. STORME does not and shall not provide any representations and/or warranties that your products may and or/will be sold with the use of Services.7. User Submissions and Content.(a) Permissions to Your User Content. We may provide you with interactive opportunities through the Services, which may allow you to store or share content such as text (in posts or communications with others), files, documents, graphics, images, music, software, audio and video. Anything (other than Feedback) that you post or otherwise make available through the Services is referred to as “User Content”. We do not claim any ownership rights in any User Content and nothing in this Agreement will be deemed to restrict any rights that you may have to your User Content. You hereby grant us a perpetual, irrevocable, transferable, fully paid, royalty-free, non-exclusive, worldwide, fully sublicensable right and license to use, copy, display, publish, modify, remove, publicly perform, translate, create derivative works, distribute and/or otherwise use the User Content in connection with our business and in all forms now known or hereafter invented (“Uses”), without notification to and/or approval by you, except as otherwise required by law.(b) Your Responsibility for User Content. You are solely responsible for all your User Content and you represent and warrant that you are the owner of, or otherwise have the right to provide, all User Content that you submit, post and/or otherwise transmit through the Services. You represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Services, nor any use of your User Content by STORME on or through the Services will: (i) infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy; (ii) violate, or encourage any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) be fraudulent, false, misleading or deceptive; (iv) be defamatory, obscene, pornographic, vulgar or offensive; (v) promote discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) be violent or threatening or promote violence or actions that are threatening to any person or entity; (vii) promote illegal or harmful activities or substances; or (viii) otherwise result in the violation of any applicable law or regulation.(c) Removal of User Content. You can remove your User Content by specifically deleting it. You should know that in certain instances, some of your User Content (such as posts or comments you make) may not be completely removed and copies of your User Content may continue to exist on the Services. To the maximum extent permitted by law, we are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.(d) Feedback. You agree that any submission of any ideas, suggestions, and/or proposals to us through our suggestion, feedback, or similar pages (“Feedback”) is at your own risk and that we have no obligations (including obligations of confidentiality) with respect to such Feedback. If you choose to submit such Feedback, you agree that we are free to use it without any restriction or compensation to you. You represent and warrant that you have all rights necessary to submit the Feedback and you hereby grant to us a perpetual, irrevocable, transferable, fully paid, royalty-free, non-exclusive, worldwide, fully sublicensable right and license to use, copy, display, publish, modify, remove, publicly perform, translate, create derivative works, distribute and/or otherwise use such Feedback, except as otherwise required by law.(e) Ratings and Reviews. To the extent that you are asked to rate and post reviews of brands and/or companies (“Ratings” and “Reviews”), such Ratings and Reviews are considered User Content and are governed by this Agreement. Ratings and Reviews are not endorsed by us and do not represent our views. We do not assume liability for Ratings and Reviews or for any claims for economic loss resulting from such Ratings and Reviews.8. Good Samaritan Content Policy & Complaint Procedures.(a) Policy. It is the policy of the owners and operators of the Services to not tolerate any acts of intellectual property infringement or violations of U.S. law or to allow for any child pornography or obscene or defamatory material to be posted through the Services. We will do our best, in good faith, to purge or otherwise restrict the availability of material that is infringing, racist, sexist, obscene, harassing, or otherwise objectionable. The provisions of this Section 8 are intended to implement this policy but are not intended to impose a contractual obligation on the owners or operators of the Services to undertake, or refrain from undertaking, any particular course of conduct.(b) Complaint Procedures. If you believe that someone has posted material through the Services which infringes the intellectual property or other rights of third parties or which is in violation of U.S. law or which is racist, sexist, obscene, harassing, defamatory, or otherwise objectionable, or which constitutes child pornography, we ask you to promptly notify us by email at the following address: support@getSTORME.com. You must use this address if you want to ensure that your complaint is actually received by the appropriate person charged with responding to such communications.(c) Required Details for Complaints. In order to respond as quickly as possible to any complaint, please provide us with as much detail as possible, including: (i) the nature of the right infringed or violated (including the registration numbers of any registered copyrights, trademarks or patents allegedly infringed); (ii) all facts which lead you to believe that a right has been violated or infringed; (iii) the precise location where the offending material is located; (iv) any grounds to believe that the person who posted the material was not authorized to do so or did not have a valid defense (including the defense of fair use); and (v) if known, the identity of the person or persons who posted the infringing or offending material.(d) Indemnification/Waiver of Certain Rights. By lodging a complaint, you agree, at your own expense, to defend us and indemnify us against any liability which we may incur by our response to your complaint.(e) Waiver of Claims and Remedies. We expect Customers to take responsibility for their own actions, and, as set forth below in Sections 15 and 16, cannot assume liability for any acts of users or third parties which take place through the Services. By this Agreement, you acknowledge that in establishing a complaint procedure we are taking on the role of a Good Samaritan and, in order to allow us to do our best, in good faith, to purge or otherwise restrict the availability of material that is infringing, racist, sexist, obscene, harassing, or otherwise objectionable, you agree to waive any claims or remedies which you might otherwise be able to make against us under any theory of law (including, but not limited to, intellectual property laws) arising out of or relating in any way to the content of the Services or our response, or failure to respond, to a complaint.(f) Investigation/Right to Purge Postings. You agree that we have the right (but not the obligation) to investigate any complaint received and, at any time and for any reason, to remove any material which you post to the Services, with or without your permission, and with or without cause, in our sole discretion. By reserving this right, we do not undertake any responsibility in fact to remove content posted online, whether or not a complaint has been received.9. Intellectual Property Ownership.We (and our licensors, where applicable) shall own all right, title and interest, including all related intellectual property rights, in and to the Services. This Agreement is not a sale and does not convey to you any rights of ownership in or related to the Services, or any intellectual property rights owned by us. Our name, logo, and the product names associated with the Services are our trademarks or belong to third parties, and no right or license is granted to use them. You agree that you will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services.10. Impressum
- Including terms such as “(paid link)”, “#ad” or “#CommissionsEarned”.
- Placing these terms in or near any advertising in a location that customers will notice easily.
Innovation Technology Incubator GmbH
Company number: HRB 775252
VAT ID: DE334749974
Headquarter address: Heinz-Nixdorf-Strasse 6, 74172 Neckarsulm, Germany
Director: Eugen Geldt