Welcome to hospitality-startup.eu (together with its subdomains) and services (the “Site” / the “platform”).
Please read the following Terms of Use carefully before using this Site so that you are aware of your legal rights and obligations with respect to hospitality-startup.eu ("we", "our" or "us"). By accessing or using the Site, you expressly acknowledge and agree that you are entering a legal agreement with us and have understood and agree to comply with, and be legally bound by, these Terms of Use, together with the Privacy Policy (the "Terms").
1. Background. The Site is intended to strengthen the European hospitality industry by creating a central resource for information about European startup companies ("Startups") with relation to the hospitality industry.
2. Modification. We reserve the right, at our discretion, to change these Terms at any time. Such change will be effective fifteen (15) days following the posting of the revised Terms on the Site, and your continued use of the Site (including, without limitation, keeping your Content available on the Site) thereafter means that you accept those changes.
3. Site Access. For such time as these Terms are in effect, we hereby grant you permission to visit and use the Site provided that you comply with these Terms and applicable law.
4. Liability for content. The content of our Site was created with the greatest of care. However, we cannot guarantee that this content is correct, complete or up to date. Pursuant to §7 par. 1 of TMG (German Telemedia Act), we, as service provider, are responsible under the general laws for our own content on this website. However, according to §§ 8 to 10 of TMG, we, as service provider, are not obligated to monitor any third-party information transmitted or stored on our website or to investigate circumstances indicating an illegal activity. This does not affect the obligations under the general laws to remove or block the use of information. However, liability in this respect is only possible from the time we become aware of an actual infringement of law. Once we become aware of such legal violations, we shall remove the respective contents immediately.
5. Liability for links. Our service includes links to external websites but we have no influence over their content. Therefore, we cannot accept responsibility for these third-party contents. In each case, it is the respective provider or operator of the linked websites who is responsible for their contents. Continuous monitoring of the contents of the linked pages cannot be reasonably expected unless there are concrete reasons for suspecting legal violations. Once we are aware of illegal content, we shall remove the respective links immediately.
6. Start-up Submissions
a. Responsibility. The Site permits the submission and publishing of content (company name, address data, contact data, descriptions, pictures, logos, documents, founding date, etc.) by European start-up companies not older than 5 years and offering products and services to hospitality enterprises. Start-ups are solely responsible and liable for their submissions and the consequences of posting, publishing or uploading them. We have complete discretion whether to publish or reject Start-Up submissions and we reserve the right in our sole discretion and without further notice to the start-ups, to monitor, relocate on the site, edit or delete any and/or all Content at any time and for any reason. Start-ups older than 5 years (date of foundation) are automatically removed from the site.
b. Ownership. The Start-up / the submitter represent and warrant that he/she solely own or have the necessary rights and permissions to permit the submissions without restrictions, and without the consent of any third party. The Start-up / the submitter authorizes us to use all Intellectual Property Rights (defined below) in and to the submissions, and to enable inclusion and use thereof as contemplated by the Site.
"Intellectual Property Rights" means any and all rights, titles and interests, whether foreign or domestic, in and to any and all copyrights, service marks, trademarks, know-how, database rights, or similar intellectual property rights, as well as any and all moral rights, rights of privacy, publicity and similar rights of any type under the laws or regulations of any governmental, regulatory, or judicial authority, foreign or domestic. The Start-ups retain all of their ownership rights in and to their User Submissions.
c. Prohibited Content. The Start-up / the submitter agrees that he/she will not display, post, submit, publish, upload or transmit a Submission that: (i) is incorrect, out-of-date, inaccurate, or is unfair or deceptive under the consumer protection laws of any jurisdiction; (ii) is copyrighted or protected by trade secret or other Intellectual Property Rights, unless the submitter is the owner of such rights or has permission to use the relevant content ; (iii) is otherwise subject to or violates third party proprietary rights, including database, privacy or publicity rights; (iv) creates a risk to a person’s safety or health, creates a risk to public safety or health, compromises national security, or interferes with an investigation by law enforcement officials; (v) impersonates another person or entity; (vi) illegal products and services, violates export control laws, relates to illegal gambling, or illegal arms trafficking; (vii) is unlawful, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, gives rise to civil liability, violates any law, or is inappropriate; (viii) involves theft or terrorism; (ix) contains malicious code or is intended to disrupt or interfere with the operation of the Site; or (x) is otherwise malicious or fraudulent.
d) Privacy. The submitter agrees that we may use personal information that he/she provide or make available to us, or which we may collect or obtain in connection with the Site, in accordance with our privacy policy, which is available at Privicy Policy.
7. Account. In order to use the services of the Site, Start-ups may be required to create an account, including a contact person ("Account"). When creating an Account, the submitter / the start-up must provide accurate and complete information. The submitter / the start-up must keep your Account secure and must notify us immediately of any breach of security or unauthorized use of the Account. As between the start-up and the Site, the start-up is solely responsible and liable for the activity that occurs in connection with the Account. If the start-up wishes to delete the Account it may send an email request via the contact form on the site.
8. Fees. Start-ups currently access and use the Site free of charge, but we may in the future charge a fee for certain features or usage of the Site. If we begin to charge a fee to access or use the Site, you will not be charged for any such access or use unless you first agree to such charges.
9. Copyright. The contents and works created by the page operators on these pages are subject to German copyright law. The duplication, editing, dissemination and all kinds of utilisation beyond the constraints of copyright law require written approval by the respective author or creator. Downloads and copies of these pages are only for private and not for commercial use. Insofar as the contents on this website were not created by the operator, third-party copyrights are respected. In particular, third-party contents will be marked as such. Should you nevertheless notice a copyright infringement, please inform us accordingly. Once we become aware of violations of rights, we shall remove the respective contents immediately.
10. Disclosure. We reserve the right to access, read, preserve, and disclose any information that we obtain in connection with the Site, as we reasonably believe is necessary to: (i) satisfy any applicable law, regulation, legal process, governmental request, (ii) enforce these Terms, including to investigate potential violations of them, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of finder.startupnationcentral.org, its users, affiliates or the public.
11.Indemnity. Start-ups agree to defend, indemnify and hold us and the other Released Parties harmless from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney's fees) arising from: (i) the use of, or inability to use, the Site; (ii) the User Submissions; (iii) the interaction with any Site user, through the Site or otherwise; or (iv) a violation of these Terms. We reserve the right but not the obligation, at our expense, to monitor and participate in, or to assume the control of, any such claim.
12. Term and Termination. These Terms are effective until terminated by us or the start-up (when it ceases to access and use the Site). We have the right to terminate these Terms and/or the access to and use of the Site, or any part thereof, immediately at any time and with or without cause (including, without any limitation, for a breach of these Terms). We shall not be liable to the start-up or any third party for termination of the Site or any part thereof or for termination of any use or access of the Site. If the start-up objects to any term or condition of these Terms, or any subsequent modifications thereto, or become dissatisfied with the Site in any way, its only recourse is to immediately discontinue use of the Site. Upon termination of these Terms, the start-up shall cease all use of the Site.
13. Independent Contractors. The Start-ups and we are independent contractors. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between the Start-up and us. The Start-ups must not nor do have any authority to, under any circumstances, make, or undertake, any warranties, representations, commitments or obligations on our behalf.
14. General. We reserve the right to discontinue or modify any aspect of the Site at any time. These Terms and the relationship and any disputes in relation to the Site between you and us shall be governed by and construed in accordance with the laws of Germany, without regard to its principles of conflict of laws. You agree to submit to the personal and exclusive jurisdiction of the courts located in Berlin and waive any jurisdictional, venue, or inconvenient forum objections to such courts, provided that we may seek injunctive relief in any court of competent jurisdiction. These Terms shall constitute the entire agreement between you and us concerning the Site. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and a party's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. YOU AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Note:
The European Commission offers the possibility for online dispute resolution on a online platform operated by their own. This platform can be reached via the external link: http://ec.europa.eu/consumers/odr/.