Terms of Use itembase.com.

Terms of Service Logo
  1. Purpose of Participation- and Terms of Use

    1. itembase GmbH z.Hd. Datenschutzbeauftragter Wilhelmstraße 118 10963 Berlin, Germany (hereinafter called „Service Provider“) introduces www.itembase.de, (hereinafter called "itembase "), over which the duly registered users can collect their purchases and retrieve data in one location. Users can create a personal profile, filter content contained in their itembase account, and use the other available services in the framework of available service provided by itembase. More information on the services can be found in paragraph 8 of the service description.

    2. The presented Participation- and Terms of Use govern the provision of the services provided by the service provider and the use of these services by the duly registered user.

  2. Changes in Participation- and the Terms of Use

    The service provider reserves the right to effectively alter the participation- and terms of use within the existing contractual relationship. The service provider will notify you at least 14 calendar days before the alteration is planned to take effect. If you do not contradict the suggested alteration within 14 calendar days and continue to use the service, the changes will be deemed effective after the said term of notification. Should you choose to oppose the changes, the contract will return to applying the original terms of use. The service provider will notify you should there be the intention to change the terms of use and will alert you about your rights to object the change accordingly.

  3. Login Permissions

    1. The use of the services provided by itembase is entitled to you as a user. You cannot make a claim about these services. The service provider reserves the right to reject login applications without providing a reason.

    2. The registration is only allowed if you are of full age and you are contractually capable. The registration of minors without approval of the guardian(s) will not be approved. A legal entity must make the registration through an unlimited legal contract and be followed with the registration of an authorized representative.

  4. Your registration with itembase

    1. Registering with itembase is free of charge.

    2. The questions asked during the registration procedure by the service provider must be answered fully and completely to the best of your knowledge. In the case of a legal entity registering, an additional authorized representative of the entity must also become registered.

    3. You have the opportunity to share your contact details and additional information through the use of a plugin installed on the websites of the service providers’ partner webshops. In this case, the service provider will create a user account as the platform through which the data can be shared.

    4. After declaring or submitting all of the requested data, the service provider will establish your personal account and will notify you by email. This email constitutes the acceptance of your application for website use. After receiving the email, you are entitled to use itembase as provided by the framework of these terms and conditions. The email also contains a link, which allows you to review your information and/or correct it if necessary. You can change your data at any time by logging into your personal preferences on the itembase website.

  5. Login Data

    1. During the registration process you will be asked to enter a user name and password. After you have received confirmation that your account is activated you can log into your itembase account. It is your responsibility as a user not to infringe the rights of third parties, not to violate any names or brands, and not to violate morality.

    2. The login data, including your password, are for you to keep secret and unaccessible to unauthorized third parties.

    3. It remains your responsibility to ensure that your access to itembase and the use of the services at itembase is accesible only by you or by the persons you have authorized. If you speculate that a third party has gained unauthorized access to your data, you should inform the service provider immediately.

      You will be held liable for any use and/or other activity operating under your access, as stated under the statutory provisions.

  6. Updating User Data

    It is your responsibility to keep your data (including your contact details) up to date. Should there be a change in the data you have provided during your use of the itembase service, you are requested to immediately modify these details in your settings. Should complications persist in updating your information, please send an email or telefax with the necessary changes to itembase immediately.

  7. Termination of the User Agreement

    1. You can cancel your account with itembase anytime by choosing to log off of the itembase service provider.

    2. As soon as your account was successfully terminated, this contractual agreement is no longer valid and you will no longer be able to access your itembase account. The service provider is entitled to lock your username and password once the termination has taken effect.

    3. The service provider is entitled to delete all of the details provided in the account within 30 calendar days and to thereafter terminate your account within the legally required retention period.

  8. Services and availability of services

    1. The service provider provides various information and services to you on itembase. This includes:

      • the ability to track your purchases and to manage them in on one platform,

      • the collection and storage of receipts, invoices and manuals of your purchases,

      • track and manage your warranty terms,

      • the possibility to connect and communicate with your friends on itembase,

      • the ability to communicate information (including reviews, tips, hints, etc.) to refer to products from the community and,

      • to provide information to the community and even at partner shops,

      • the opportunity to submit the data of your purchases to partner web shops of the service provider so they collect, store, organize, and keep your purchase information available,

      • to receive notifications when new and relevant products are available for you (eg. manuals, software updates, additional products, new models, accessories and similar products to your previous purchases) or when price changes of other relevant information is available (eg. product testing, new tips and tricks, common problems and solutions, meetings in specialized media and product recalls),

      • to receive notifications about products and purchases of friends and to review questions, answers, and comments from friends,

      • to receive notifications of trendy products, accessories and additional products from the community.

    2. The services are provided "as is" without any representations or warranties. The user fee is free, unless the user agrees to additional services which indicate a fee.

    3. Included in the available itembase services can include the services of third parties, to which solely the service provider mediates the accounts.

    4. For the use of these services– which are respectively identified as third party services – different or additional provisions apply to the participation and terms of use, which the service provider will indicate.

    5. The user is entitled to use the technical and operational services as provided by itembase. The service provider aims to provide an uninterrupted usability of their services, however, due to technical errors (such as interruption of power supply, hardware and software errors, technical problems in the data lines) temporary limitations or interruptions may occur.

  9. Service Amendments/Changes

    The service provider is entitled to change current services on the portal, which are currently free of charge, to offer new services free of charge or charged and is also entitled to discontinue offering a free service. The service provider will take legitimate user interest into account in respect of the changes.

  10. Content

    1. The content available on itembase is protected by copyright, or other trademarks, and belongs the property of the service provider, the subscribers and other third parties who have made content available. The compilation of content as such is protected as a database or database work [i.S.d. §§ 4 Abs. 2, 87a Abs. 1 UrhG]. You may use this content only in accordance with these terms of use and the provisions supplied by itembase.

    2. The content provided on the portal is provided partly by the service provider and partly by other users, for example third parties. Content of subscribers, for example third parties, will hereinafter be called “third party content”. The service provider does not check on completeness, correctness and legality of third-party content and therefore takes no responsibility or warranty for the completeness, correctness, legality and timeliness of third-party content. This is true, also with regard to the quality of third-party content, and it’s suitability for a particular purpose, and also as far as dealing with third-party content linked to external websites. All itembase content is third-party content, except those which are marked with a copyright notice of the service provider.

  11. Scope of permitted use

    1. Your user rights are limited to the access to itembase and the use of the available services provided by itembase and stated within the provisions of these terms of use.

    2. You are responsible to carefully monitor the technical device(s) used to access the itembase services in accordance with the terms of use. The service provider is not responsible to provide consultation in the occasion of a technical failure in this case.

    3. The service provider indicates that your user activities can be monitored as permitted by the law. This includes logging the IP connection data and conversation courses and permission to evaluate this information provided there is legitimate suspicion that these terms of use are being violated or if there is suspicion of a crime or other illegal activity.

  12. Creation of User accounts

    1. You can configure your user account according to your preferences provided the account takes these terms of use into consideration during configuration.
    2. The service provider as a rule does not check the identity or information provided in the user profile. Therefore the service provider does not warrant that each user profile is the same person or who the respective user profile claims to be.
  13. Personal configured content

    1. In accordance with the following terms, you may set your own content on itembase and make it available to third parties.

    2. By posting content, you grant the service provider a gratuitous, transferable right to use the relevant content, especially

      • for storing the content on the server of the service provider and their publication, especially its public accessibility (eg. by displaying the contents on itembase)

      • for editing and duplicating, if necessary, for the provision or publication of that content, and

      • to grant – and remunerate - usage rights to the content by third parties in accordance with paragraph 15.

      As soon as you remove the information you have configured on itembase, you void the above granted rights and explotation of content to itembase. itembase is, however, entitled for safety- and/or compliance purposes, to keep a copy of the content. The users and third parties terminated content also remain under these rights and will not be affected.

    3. You are fully responsible for the content you provide. The service provider does not check the contents for completeness, accuracy, legality, timeliness, quality and suitability for a particular purpose.

      You represent and warrant to the service provider that you are the sole owner of the content and that it is posted by you on the portal, or/but are otherwise entitled to the content on the portal and the utilization and exploitation rights (e.g. through permission of the entitled person), according to paragraph 13.2.

    4. The service provider reserves the right to refuse posted content and/or to reprocess content that is already added without prior notification (including private messages and guestbook comments)- without distorting the meaning or disfiguring the content- or to lock or remove added content if there is evidence to believe that there is a violation or breach of the terms in accordance with paragraph 16. The service provider will however be considerate to your legitimate interest and choose the mildest means to avert of the violation of paragraph 16.

  14. Consent

    1. You agree that, in order for the service provider to provide the services in accordance with paragraph 8, they have the right to collect, read, record information about your purchases, assign, analyze and organize your email receipts or the receipts that you have loaded onto itembase (eg. invoices, shipment proof, etc).

    2. You agree that the data in your online purchases, made with the partner web shops of itembase after purchasing, are sent to and collected from itembase after you have made a separate confirmation by pressing the corresponding buttons on the website of the partner web shops in accordance with paragraph14.1. to make the service possible in accordance with paragraph 8.

  15. User Rights to Content Provided on the Portal

    1. As far as is allowed in these terms and conditions or if itembase expresses an additional use or if itembase offers a corresponding functionality (eg. download button),

      • users may retrieve the itembase available content online for viewing solely for personal purposes. This right is limited to the duration of your subscription with itembase terms of use.

      • users may not, wholly or in part, edit, change, translate, show/demonstrate, publish, exhibit, reproduce or disseminate the content available on itembase. It is also forbidden to remove or change the copyright notices, logos and other distinguishing marks or protective notices.

    2. You are allowed to download content (“Download”) or print content as long as there is the option to download or to print the content on the portal (for example with a “download button”).

    3. Your correctly downloaded or printed content receives temporary, permanent and the non-exclusive right to be used for non-commercial purposes.

    4. Your legal rights, including the duplication for private and other personal use according to § 53 UrhG, will remain unaffected.

  16. Forbidden Activity

    1. Any use of the available services as provided by itembase for or in connection with commercial purposes, as listed below, is prohibited, except in the case the service provider specifically authorizes or provides permission in writing to do so. Unauthorized commercial use includes

      • all offers and applications for paid content, services and/or products, both your own and that of third parties, providing you with the offer to hire or apply; This does not include the independent evaluation of products of third-party providers,

      • all offers, applications and execution of activities with a commercial intent such as contests, sweepstakes, barters, ads or pyramid schemes, and

      • any electronic or other collection of identity and/or contact information (including email addresses) of users with the purpose of sending unsolicited emails in a reckless manner or for commercial purposes (including "spamming").

    2. You are prohibited to violate the law, infringe third party rights or breach the principles of protection of minors in connection with your activities on itembase. Specifically, the following acts are prohibited:

      • Setting, distributing, offering or applying pornographic or other fraudulent content, services or products that violate data protection laws [Datenschutzrecht] and/or the Youth Protection Act [Jugendschutzgesetze];

      • The use of content that could be interpreted as an insult to other subscribers or third parties;

      • To use, deploy, and disseminate content, services and/or products, which are protected by law or third party rights, (eg. copyrights) that are charged without being expressly authorized for this purpose.

    3. Also the following activities related to setting personal content on the portal as well as communicating with other users, regardless of a possible violation of the law, (eg. by sending personal messages, by participating in discussion forums or writing guestbook entries) are prohibited:

      • the spread of viruses, Trojans and other malicious files;

      • the sending of junk or spam email and chain letters;

      • the distribution of suggestive, offensive, sexually distinct, obscene, or defamatory content or communication, and such content or communications that promote racism, bigotry, hatred, physical violence or illegal acts or to support (both explicitly or implicitly);

      • The harassment of other users, for example by repeatedly making personal contact without receiving reaction from the contacted user, and/or conveying or supporting such harassment;

      • Prompting other users to disclose passwords or personal information for commercial or unlawful or illegal purposes;

      • That this not expressed by the respective copyright permitted for distribution or public presentation of content available on the portal, you or the functionality on item base explicitly is made available.

    4. Also prohibited is any act, which is likely to interfere with the smooth operation of itembase, in particular the systems of the service provider.
    5. Should you notice an illegal, abusive, or otherwise unauthorized use of the portal, please immediately contact

      itembase GmbH
      z.Hd. Datenschutzbeauftragter
      Wilhelmstraße 118
      10963 Berlin, Germany

      The service provider will then check the operation and may take appropriate steps.

    6. If there is a suspicion of unlawful or criminal actions, the service provider is entitled and may also be obliged to review your activity and to initiate appropriate legal action if necessary. This may mean information must be shared with the Public Attorney [Staatsanwaltschaft].

  17. Blocking Account(s)

    1. The service provider may suspend your access to itembase temporarily or permanently if there is concrete evidence that you have violated or offended these terms and conditions or applicable law, or if the service provider has another legitimate reason to block your account. When deciding on blocking an account, the service provider will take your legitimate interests into consideration.

    2. In the event of a temporary or permanent blocking of your access authorization, the service provider will notify you about this via email.

    3. In the event of a temporary suspension, the service provider will reactivate your account after the lockout time has been achieved and notify you of this via email. A permanently locked account cannot be restored. Permanently blocked users are permanently excluded from itembase and must log on again via the portal.

  18. Data Protection

    1. Included in the quality framework of itembase, is that itembase handles the personal data of the user (hereinafter known as “personal information”) responsibly.

    2. itembase requires your personal information for your registration and the for the use of the itembase services, and therefore it must be known that the service provider will only collect, store and process the information required for the contracted services and that is permitted by applicable laws, or information which is ordered by legislature. The service provider will treat your personal data with confidentiality in accordance with the provisions applicable, as well as with data protection laws [Datenschutzrechts] and will not unwillingly distribute this information to third parties.

    3. Accordingly, the service provider will only use your personal data if you have expressly agreed to do this. You can revoke the consent granted by you at any time.

  19. Limitation of Liability 

    Should damage occur due to the gratuitous services made available by itembase (including the retrieval of free content), the service provider is liable only if your damage is due to the contractual use of free content and/or services, and only intent (including malice) and gross negligence of the service provider.

  20. Final Provisions

    1. Provided in these terms and conditions, unless otherwise specified, are all statements issued in connection with the use of itembase. Should there be something missing, you can submit this in writing or by email. The email address of the service provider is info (at) itembase.com. The postal address of the service provider is:

      itembase GmbH
      z.Hd. Datenschutzbeauftragter
      Wilhelmstraße 118
      10963 Berlin, Germany

      We reserve the right to change the contact information. In case of such a change the service provider will inform you about it.

    2. Should any provision of these terms and conditions be or become invalid, the validity of the remaining provisions remains unaffected. The invalid provision will be replaced by a provision which most meets the commercial needs of the partners.

    3. These terms and conditions are subject to the law of the Federal Republic of Germany [Recht der Bundesrepublik Deutschland] under exclusion of the UN purchase right (CISG) [UN-Kaufrechts (CISG)].

    4. The domicile of the service provider is the sole place of jurisdiction, as far as an agreement on jurisdiction is permitted, of all disputes arising from these terms and conditions.