Terms of Use and License

Terms of Use and License
for using the fabidoo platform of

fabidoo GmbH
Company with a limited liability, represented by its managing directors
Jens Rusitschka, Steffen Rusitschka, Marc Schlichte, Michael Himmel

Weissenburgerplatz 6b
81667 München
E-Mail: info(at)fabidoo(dot)com
Phone: +49 89 12476244

Business license number and registration location: Amtsgericht München HRB 168702
USt-IdNr. DE814858624

1. General Regulations

(1) The company fabidoo GmbH (in the following „fabidoo“) provides consumers subject to § 13 of the German Civil Code (BGB), entrepreneurs subject to § 14 BGB and legal entities under public law (in the following “users”) with the option of

  • transmitting to the fabidoo platform designs of their own in the form of wording, colors, patterns, pictures and shapes for the making of articles,
  • and / or providing fabidoo with these designs for sale to a third party and for further use,
  • submitting contents of your own in the form of commentaries in forums, web logs etc.

(2) These Terms of Use and License (in the following “TUL”) govern in a concluding way the contractual relationship between fabidoo and the users which transmit designs and / or provide a third party with designs under www.fabidoo.com and submit contents of their own in the form of commentaries in forums, web logs etc.

(3) fabidoo reserves the right to modify these TUL at any given time and without stating reasons. In case the terms are modified, the user will be notified by fabidoo in written form via fax or email. If the user does not object to these changes within 2 weeks after the notification, the changes will be effective. The user will be informed in specific writing of the power of revocation and the legal consequences of not objecting.

2. Definitions

The following definitions apply to the TUL:

Account denominates a customer account granting the user access to fabidoo after registration and acceptance and which is administered by the user on “My page”.

User denominates any individual or legal person providing on the fabidoo platform designs of their own for the making of articles on the fabidoo platform and / or submitting contents of their own in the form of commentaries in forums, web logs etc.

Articles denominate the entire range of products offered for purchase on the fabidoo platform.

Valid Sale denominates every order of articles carried out by a purchaser via www.fabidoo.com or via internet-presence of an allied company. The purchase is considered closed as soon as the purchaser’s order is paid for, sent and received, and is not revoked within the 2-week granted period of revocation. In the case of a purchase outside the internet by fabidoo or an allied company, the purchase is considered closed as soon as the purchaser pays for the article and the article is handed to him and ownership passes onto him. fabidoo then decides on the validity of the sale at its sole discretion.

Design denominates all of the user’s wordings, colors, patterns, pictures and shapes he provides for the fabidoo platform for the making of articles.

Original design denominates a design which stems directly from the user and is provided by him for the fabidoo platform.

Modified design denominates any processing and / or reshaping of the user’s original design carried out by a third party.

Community denominates web logs, forums and other technical options provided by fabidoo on the fabidoo platform enabling the user to submit contents of their own, contributions and commentaries.

3. Subject-matter of the Contract

(1) fabidoo’s services include the provision of technical options enabling the user to

  • make designs for his own purposes and transmit them to www.fabidoo.com.,
  • provide fabidoo with designs of his own, whereby fabidoo can put up these designs for sale to a third party on the fabidoo platform on fabidoo’s behalf and for fabidoo’s account,
  • process, reshape and further develop designs by a third party,
  • set up a personal account for the administration of his personal data and designs,
  • participate in the community on the fabidoo platform by submitting contents of his own and commentaries.

(2) If the user provides a third party with his designs for the purpose of making and sales of articles on the fabidoo platform, he will receive in return a license fee according to the provisions of article 5 of the TUL.

(3) fabidoo reserves the right to change or enlarge the content and structure of the fabidoo platform as well as the corresponding user interfaces warranting that the intended purpose of the contract with the user is not or not substantially impaired. fabidoo will notify the users about any changes accordingly.

4. Acceptance, Use of the fabidoo Platform

(1) Uploading of designs of one’s own and participation in the community requires the user’s prior acceptance and registration by setting up a personal account. There is no entitlement to acceptance.

(2) Only legal persons and individuals of full legal capacity are eligible for registration with and participation in fabidoo.

(3) The user is accountable for disclosing to fabidoo any false or incomplete information. He commits himself to disclose to fabidoo immediately any future changes of details or – if possible – to update his account by himself accordingly.

(4) fabidoo, at any time and without stating reasons, is entitled to decline the uploading and the offering of designs or the publishing of contents or contributions within the community. fabidoo, in the case of a breach of article 6 of the TUL, is particularly entitled to block immediately the integration of a design or a content or contribution within the community submitted by the user and to remove from the platform respectively the design or the contribution made. fabidoo is also entitled to revoke a user’s acceptance and / or block his account temporarily or permanently if there is sufficient reason to assume that agreements of this contract have been violated. The user can avert these measures by providing sufficient evidence at his own expense gainsaying the claims made. Notification about the blocking of an account may be carried out informally.

(5) All logins are individualized and may solely be used by the appropriately entitled user. The user is obliged to keep login and password secret and to protect them from unauthorized access of a third party. If abuse by a third party is suspected, the user will inform fabidoo about this immediately. As soon as fabidoo acquires knowledge of the unauthorized use, it will block the user’s account. fabidoo reserves the right to change a user’s login and password; if such is the case, fabidoo will inform the user about this immediately.

(6) All intents of will executed when using the respective user’s login take effect for and against this user, unless the recipient of this intent is aware of the declaring person’s inadequate authorisation of procuration.

5. Right to Use, License Fee

(1) By providing designs on the fabidoo platform for the making of articles the user in regard to the transmitted design grants fabidoo the right – non-exclusive, without limitation concerning time and content, and transferrable -

  • to utilize, reproduce, spread and distribute the design as well as the related and manufactured articles within and outside the internet,
  • to change and shape the original design regarding wording, color, pattern, pictures and shape (processing and reshaping),
  • to utilize, reproduce, spread and distribute the modified design as well as the related and manufactured articles within and outside the internet,
  • o advertise articles, related to and manufactured according to the original design and the modified design, within and outside the internet on packaging, in catalogs, in brochures, in fliers and other documents or in electronic form,
  • to grant sublicenses and to grant to a third party the right to utilize, reproduce, spread and distribute the original design and the modified design as well as the related and manufactured articles within and outside the internet.

(2) The user denounces his right to acknowledgement of creatorship concerning his design and abstains from labelling the original design or the modified design with a creator’s denomination.

(3) By providing his designs on the fabidoo platform for a third party to use, the user will automatically be credited in return for each article, which is sold and related to his original design, a license fee of

  • 1,00 EUR for the sale of a standard size fabidoo,
  • 0,75 EUR for the sale of a mini-fabidoo,
  • 0,50 EUR for the sale of a nano-fabidoo,

including statutory VAT for citizens of the EU, as soon as a valid sale according to article 2 of the TUL has become effective. There is no entitlement to license fees for modified designs. Payment for current license fees will be carried out provided that the purchaser in question has himself paid fabidoo the according price for the article.

(4) Sales, that have been recorded in writing, but not yet verified, will be registered as prospective turnover, but will not be credited ultimately. Stating a non-verified sale in the user’s account on „My page“ does not constitute acknowledgement of a fully registered, valid sale.

(5) There is no interest yield for money on account.

(6) The settlement of license fees is carried out once a month. The user is enabled at any given time to check his balance on “My page” of his personal account. Any objections to the monthly settlement must be declared in written form to fabidoo within 6 weeks after receipt of invoice. After the deadline the settlement is considered agreed upon on behalf of the user. fabidoo will specifically point out to the customer the significance of his actions when sending the invoice.

(7) The account of the user must indicate a minimum balance of 20.00 EUR. Pay-off of balance is carried out via bank transfer to a bank designated by the user.

(8) fabidoo is entitled to revise the user’s license fee no sooner than 2 months after contract conclusion. This modification is to be aligned with the cost increase affecting fabidoo due to the general development of prices. fabidoo will notify the user about the modifications of license fees in written form not later than one month before the modifications become effective. If the user does not agree to these modifications, he may cancel the contract. Contrary to the regular cancellation period, the contract is terminated the day the intended modification of license fees becomes effective. In case the user does not cancel the contract as of the date when the modification of license fee becomes effective, the modification will be considered accepted by the user. fabidoo will specifically point out to the user the anticipated significance of his actions when notifying him about the modification of license fees.

6. Third Party Rights, Release from Liability

(1) Users are not permitted

  • to transmit to the fabidoo platform and / or put up for offer there any designs in the form of wording, shapes, colours, pictures or patterns violating or infringing prescriptions by law, directives by authorities or morality or third party rights, in particular copyrights, trademark rights, name rights and personal rights;
  • to submit contents of their own, specifically in the form of commentaries in forums or web logs violating or infringing prescriptions by law, directives by authorities or morality or third party rights, in particular copyrights, trademark rights, name rights and personal rights.

(2) fabidoo will not adopt any third party contents or designs under any circumstances.

(3) fabidoo reserves the right to block any designs and contents liable to prosecution or apparently aiming at the preparation of felonies.

(4) The user will on first demand release fabidoo from all claims raised against fabidoo by a third party owing to the infringement of their rights or violations of laws due to designs and / or contents submitted by the user. In this regard the user will cover the legal costs for fabidoo including all attorneys’ and court’s fees.

7. Effectiveness of Contractual Relationships with fabidoo

By providing his designs to fabidoo and / or a third party for use and distribution according to article 5 of the TUL, the user will not become contractual party concerning the sale of the article manufactured by and related to his design.

8. Liability of fabidoo

(1) fabidoo is liable without restrictions in case of malicious intent and gross negligence, in case of negligence only when contractually significant obligations are breached. In case of negligent breach of a significant contractual obligation liability is limited to the average damage typical of contract, and whose occurring had to be anticipated by fabidoo due to the circumstances known at the time of conclusion of contract. Liability due to delay is not affected in this case.

(2) fabidoo assumes no liability for defects within the grid-type network not caused by fabidoo.

(3) fabidoo, in reference to above articles, assumes liability for the loss of data only if such loss could not have been prevented by the user’s employment of appropriate data securing measures.

(4) fabidoo assumes no liability for impairment of contractual use of services provided by fabidoo on its platform, if this impairment has been caused by the user’s non-appropriate and faulty utilization.

(5) Above limitations of liability are analogously applicable in regard to fabidoo’s auxiliary persons.

(6) Concerning the option of routing to third party data banks, websites, services etc. via, for instance, the adjustment of links and hyperlinks, fabidoo assumes liability for accessibility, data stock or security of these databanks or services, or the according content. In particular, fabidoo assumes no liability for the respective rightfulness, correctness of content, being exhaustive, being up to date etc.

(7) Due to occasionally necessary maintenance work on the fabidoo platform, fabidoo cannot warrant access to www.fabidoo.com at all times and without interruptions, We are striving, however, to provide access to the server during common business hours from 10:00 – 18:00.

9. Security of Data and Privacy Statement

(1) fabidoo’s servers are protected, especially by firewalls, according to the state of technology. However, the user is aware of the risk implied for both contractual parties that transmitted data, when being transmitted, may be tapped. This does not only apply to the exchange of information via email leaving the system, but also to further integrated communication applications and to all other transmittals of data. Therefore, the confidential treatment of data being transmitted while using the fabidoo platform cannot be warranted.

(2) By means of his registration the user agrees to the storing of stock data (e.g. name, address, email, phone number et.) and user data (e.g. user name, password) in a user database. This enables the user, when later accessing fabidoo, to log on with his user name and password, without having to enter his data again. This agreement can be revoked at any time, the revocation then becoming effective, by deleting the account in the member area.

(3) The user agrees to fabidoo storing the user’s data and information in anonymized form for marketing purposes and using them e.g. for statistics and presentations. Furthermore, fabidoo uses listed address information for advertising and market research and transmits these data, as the case may be, to selected user enterprises. With the user’s acceptance fabidoo submits offers matching the user’s individual interests and / or uses his email address for commercial messages. The user can revoke at any time the utilization of his data for advertising purposes and his acceptance respectively.

(4) fabidoo is entitled, during validity of contract, to process and store data received from the user in connection with this business relationship providing compliance to the applicable data protection regulations. The user agrees to fabidoo storing and processing all information given by the user in his application for admission regarding personal data, enterprise data, invoice data and user’s contact persons as well as according updates provided by the user.

(5) Furthermore, fabidoo will treat confidentially all user-related data designated as confidential by the user and only use these data subject to contractual intent. fabidoo reserves the right to infringe this principle, if, owing to legal or official regulations or directives, the user’s data must be disclosed.

(6) The user has the right to disclosure of his stored data free of charge and is entitled to the correction, blocking and deletion of these data.

10. Act of Transfer and Set Off of Counterclaims

(1) A partial or complete transferral of the user’s rights to a third party regarding this contract is excluded.

(2) The user is entitled to offset payment only if the counterclaim is undisputed and regarded as legally effective.

11. Duration of Contract

(1) The contract is closed for an indefinite period of time. It becomes effective with the user’s registration approval by fabidoo according to article 4 of the TUL.

(2) The user may, without stating reasons, cancel the contract at any time; fabidoo may, without stating reasons, terminate the contract with a notice period of two weeks. The right to block the user’s account remains effective in these cases.

(3) Should the user cancel the contract, fabidoo will only remove from the fabidoo platform within 5 business days the designs designated by the user as “private” or “public and copy-proof” respectively. In case a sublicense for distribution within third party internet presences has been granted regarding the design, fabidoo will, within three days after receipt of cancellation notice, instruct any third party to put up for sale or distribute neither the user’s original design nor the related and accordingly manufactured articles implementing a deadline of two weeks. Orders coming in before the design or related articles are removed will be fully completed.

(4) The user, in the event of cancellation, renounces his entitlement to removal of designs, which were, at any time, designated by the user as „copy-able“ and therefore eligible for further shaping, as well as all articles related to and manufactured according to these designs. Furthermore, the user renounces his entitlement to removal of contents, contributions and commentaries of any kind hitherto posted and disclosed by him in the community or on the fabidoo platform.

(5) Both contractual parties are entitled, when owing to significant reasoned, to cancel the contract without meeting a cancellation period deadline. A significant reason for fabidoo in particular may be:

  • a user’s violation of agreements of this contract, not amended within the given deadline;
  • a user’s felony or the attempt of such, e.g. fraud;
  • continuing disruption in operation beyond fabidoo’s power due to act of God, e.g. natural disasters, fire, breakdown of grid-type network not caused by fabidoo.

(6) Cancellation of contract must be in written form. Cancellation notices via fax or email meet this stipulation.

(7) At termination of contractual relationship a contingent balance will be paid out.

12. Form of Wording

Statements addressing fabidoo require at least the form of an email or a written statement. Oral statements of intent are invalid.

13. Final Clauses

(1) The legal relationship between us and the customer is subject to the German substantive law under exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG). If the customer is a merchant, the sole place of jurisdiction for all disputes resulting from this contract is Munich. In this case fabidoo may also nominate the court of the customer’s residence.

(2) If several provisions of this contract are or become completely or partially invalid, and / or are contrary to legal regulations, the contract’s general validity will not be affected.

Valid as of February 27, 2007