Terms of Use
for Brands

I am a brand

I am a content creator

Zalando Media Services GmbH and its affiliates (“we”, “us” or “COLLABARY”) provide online features and other products and services (“Services”) to Brands (“you”, “your” or “Brands”) subject to the following conditions (“Terms of Use” or “Terms”).

By using the Services and accepting these Terms, you conclude a binding agreement with us and you agree to comply with and be bound by these Terms in addition to COLLABARY’s other possible guidelines.

We reserve the right to modify the Terms, in order to reflect changes we made to our Services or to reflect legal changes. These Terms are always available to you online, so please review the Terms periodically.

The Service we are providing to you is a beta-service. This means that there may still be changes to the Service and that the Services may not always function properly.

The Services

COLLABARY acts as an intermediary platform to allow Brands to connect to Content creators (“Service” or “Services”). We only act as an online platform facilitating the connection between our Members and we are not involved in the agreements that Brands and Content creators might reach or services which Content creators may offer.

Such Content creator services might consist in brand promotion, posting in social media, reviews of products, or any other form of Collaboration agreed between Brands and Content creators. Content creators are free to provide services to Brands or to reject a collaboration. As a result, COLLABARY has no control over the quality, safety, morality or legality of any aspect of a possible collaboration, the ability of Content creators to provide services or the ability of Brands to pay for services.

Since the Service is a beta-service, we will improve and change the scope of the Service from time to time.

COLLABARY reserves the right to suspend or terminate your account for violations of any laws or COLLABARY Terms.

Profiles and Obligations

Information about Content creator Profiles: Content creator Profiles are the sites, within the online platform, where all the Content creator information may be found. Such profiles may include, for example, pictures, information about Content creators activities, etc. Depending on the respective Content creators’ profile, the information given in the Content creator Profiles will either be provided by the Content creator or the information will be collected by us from publicly available sources.

Information about Brand Profiles: Brand Profiles are the sites, within the online platform, where every Brand can upload information on itself. Such profiles may include, for example, pictures, information about the Brand’s activities, etc. Brands are responsible for providing accurate information. Honesty is important to COLLABARY. We ask Brands to represent themselves, their business, and their activities accordingly. COLLABARY’s team may reach out to Brands Profiles in violation of these Terms.

Member account: To be eligible to use the Services, you will need to register and, if accepted by COLLABARY, set up an account on the COLLABARY platform (“Account”). In order to register you will have to provide us with certain data and submit this data to us via the registration form on our platform. In case we accept your application you will receive an email from us confirming your acceptance. COLLABARY reserves to right to refuse any application within its sole discretion.Right to Access the Service: Since the Service is a beta-service and you are granted free access to it, COLLABARY reserves the right to stop rendering the services either to you or completely at any given time.

By creating an Account and logging on to our Services you consent to your personal data being transferred to our service provider Intercom who is located in the United States. More information on the Intercom Service can be found here: www.intercom.com/privacy

Password: Keep your password secure. You are fully responsible for all activity, liability and damage resulting from your failure to maintain password confidentiality. You agree to immediately notify COLLABARY of any unauthorized use of your password or any breach of security. You also agree that COLLABARY cannot and will not be liable for any loss or damage arising from your failure to keep your password secure. You agree not to provide your username and password information in combination to any other party other than COLLABARY without COLLABARY’s express written permission.

Information: You must keep your Brand Profile up-to-date and accurate at all times, including a valid email address and a telephone number.

Account Transfer: You may not transfer or sell your Brand Profile and username to another party. If you are registering as a business entity, you personally guarantee that you have the authority to bind the entity to this Agreement.

Right to Refuse Service: COLLABARY’s services are not available to temporarily or indefinitely suspended COLLABARY members.

Right to Terminate: The Parties have the right to terminate this agreement at any given time with two weeks previous notice.

COLLABARY reserves the right to refuse service to anyone, for any reason, at any time.

Fees and billing: Joining as a Member and setting up a Brand Profile on COLLABARY, contacting Content creators is free during the Beta. In case of ordering managed services by Member the managed services will have to be paid in accordance with what has been agreed upon.

Liability

Liability Limit: This clause prevails over all other clauses and sets forth our entire Liability, and your sole and exclusive remedies, for:

  1. a) the performance, non-performance, purported performance or delay in performance of these Terms of Use or a service or the site (or any part of it or them); or
  2. b) otherwise in relation to these Terms of Use or the entering into or performance of these Terms of Use.
  3. a) we do not warrant and we exclude all liability in respect of the accuracy, completeness, fitness for purpose or legality of any information accessed using the site; and we exclude all liability of any kind for the transmission or the reception of or the failure to transmit or to receive any material of whatever

We do not accept and hereby exclude any liability for breach of duty other than any such liability arising pursuant to the provisions of these Terms of Use.

We shall have no liability for:

  1. a) loss of revenue;
  2. b) loss of actual or anticipated profits;
  3. c) loss of contracts;
  4. d) loss of the use of money;
  5. e) loss of anticipated savings;
  6. f) loss of business;
  7. g) loss of operation time;
  8. h) loss of opportunity;
  9. i) loss of goodwill;
  10. j) loss of reputation;
  11. k) loss of, damage to or corruption of data; or
  12. l) any indirect or consequential loss; any indirect or consequential loss;

 

Indemnity: YOU AGREE TO INDEMNIFY AND HOLD COLLABARY AND (AS APPLICABLE) COLLABARY’S PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS’ FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THIS AGREEMENT OR THE DOCUMENTS IT INCORPORATES BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.

No Guarantee: The Services are provided on an “as is” basis. Use of the Services is at your own risk. To the extent permitted by law the Services are provided without warranties of any kind. To the extent permitted by law, in no event shall COLLABARY be liable for any damages for the loss of revenues, profits, goodwill or data resulting from the use of, unauthorized use of, or inability to use the App.

If you are reasonably suspected or found to be engaging in any fraudulent transactions or unlawful activity using the Services, you also agree that COLLABARY may decline your transactions, suspend or terminate your accounts with COLLABARY, and share your information with law enforcement.

Prohibited activities

You are solely responsible for your conduct and activities on and regarding to COLLABARY and any and all data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links (together, “Content”) that you submit, post, and display on COLLABARY.

Restricted Activities: Your Content and your use of COLLABARY shall not:

Be false, inaccurate or misleading

Be fraudulent or involve the provision of services

Infringe upon any third-party’s copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy

Violate this Agreement, COLLABARY’s Terms, or community guidelines, or any applicable law, (including, but not limited to unfair competition, anti-discrimination or false advertising)

Be defamatory, trade libelous, unlawfully threatening, unlawfully harassing, impersonate or intimidate any person (including COLLABARY staff or other Brands), or falsely state or otherwise misrepresent your affiliation with any person, through for example, the use of similar email address, nicknames, or creation of false account(s) or any other method or device

Be obscene or contain pornography, nudity, or adult material

Intellectual property

If COLLABARY determines (in its sole discretion) that you are infringing third party rights , you agree that, without limiting any of COLLABARY’s rights under this Agreement or at law, COLLABARY may (in its sole discretion) suspend or terminate your Member account.

License

COLLABARY grants you a non-exclusive, non-transferable, non-sublicensable, license to use the Services in accordance with the Terms. Without limiting any of those terms, you may not (a) modify, decompile or reverse engineer any software or hardware; (b) remove or alter any product identification, trademark, copyright or other notices; (c) use or allow the use of the online platform by or for the benefit of third parties, including by renting, leasing or lending the Services; or (d) reproduce, sell or distribute the online platform without COLLABARY’s permission.

By accepting these Terms you grant COLLABARY a free-of-charge, non-exclusive, worldwide right of use with regard to the content you upload to your Brand Profile (the “Content”), consisting in Pictures, information, Videos and other. This right of use is limited to the duration of your participation in the Services and to the purpose of this agreement. Additionally, we may also use your name and Trademarks in reference lists promoting the Collabary Platform.

Availability of the Services, security and accuracy

Whilst we endeavour to make the online platform and the Services available 24 hours a day, we cannot be liable if for any reason the online platform is unavailable for any time or for any period. We make no warranty that your access to the Services will be uninterrupted, timely or error-free. Due to the nature of the Internet, this cannot be guaranteed. In addition, we may occasionally need to carry out repairs, maintenance or introduce new facilities and functions. Additionally, we cannot be liable for the accuracy of any figures provided by us.

Access to your account may be suspended or withdrawn to or from you personally or all users temporarily or permanently at any time and without notice. We may also impose restrictions on the length and manner of usage of any part of the online platform for any reason. If we impose restrictions on you personally, you must not attempt to use the online platform under any other name or user.

Miscellaneous

Applicable Law and Legal Disputes: These Terms shall be governed by and construed in accordance with German law. You submit to the exclusive jurisdiction of the German courts to settle any dispute which may arise under these Terms.

Severability: If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties’ intention. All remaining provisions of this Agreement shall remain in full force and effect.

No Agency: You and COLLABARY are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created between the you and COLLABARY by this Agreement.