(1) We, the company
Startnext Crowdfunding GmbH, Hüblerstrasse 1, 01309 Dresden, Federal Republic of Germany (hereinafter also referred to as “We“, “Platform Operator“ or “Startnext“)
operate the Community Portal “Startnext“ through which natural persons and legal entities as well as bodies of persons with legal capacity are able to plan Projects, have them financed by third parties, support them themselves and present them to the public.
(2) The use of our platform is exclusively subject to these General Terms and Conditions of Use, unless otherwise provided for in contracts in individual cases. Deviating terms and conditions of use of Users are expressly excluded.
(3) If you act as entrepreneur (Section 14 of BGB [German Civil Code]), legal person under public law or special fund under public law, these General Terms and Conditions of Use will also apply to all future legal transactions on our platform, even if such are not expressly agreed upon again.
(4) The legal relations between Users and Starters are subject to the separate contracts to be concluded between them.
The following terms have the following meanings in these General Terms and Conditions of Use:
§ 3 Our Services
(1) We provide the technical preconditions for using our platform, pursuant to the provisions below and in the scope described therein.
(2) We provide the Participant with an account and perform public relations work for the platform in general and – at our discretion – more specifically for the relevant Projects. Type and scope of the public relations work for our Platform and/or the Project are subject to our discretion.
(3) You will start your data communication with our Platform through an independent online access – for example, by using a web browser or a relevant App.
(4) Details regarding the process of registration and use of other services are described at appropriate locations on the Internet pages of our Platform. We are entitled to independently perform updates and expansions of our scope of services on our Platform, at any time, insofar as such are reasonable for Participants.
(5) We are entitled to have our services rendered by third parties.
(6) For as long as the use of our Platform is free of charge for you (e.g. registration or provision of information on crowdfunding offers) and if you are not the Starter of a Project in the Financing Phase, you have no claim against us for maintaining the service. We reserve the right to cancel the cost-free offer pursuant to sentence 1, at any time, without a notification in advance, where no termination shall be required pursuant to Art. 14.
(1) Precondition for any use of the Closed Area (e.g. for project presentation, pin wall, self-portrayal, images and/or video upload) of our Platform (e.g. for selecting Projects, receiving more information or for setting up a Project) is a permanent registration. Registration for participants is for free. Please enter the required data in the Registration Form available in the Open Area of our website for registering. When you complete the registration process, you give us a binding offer for the conclusion of a contract on the use of the services of our Platform.
(2) After your data were successfully transmitted in the context of the registration, you will immediately receive a confirmation by email. This confirmation of receipt does not constitute a binding acceptance of your application for registration. It is rather a verification of your email address. We will only accept your offer regarding the account implicitly by releasing you as Participant for our website – unless we expressly declare the acceptance in an individual case. You are no longer bound by your offer for registration, if more than three work days have passed without an acceptance by us.
(3) With your support, we save - regardless of whether you have one account or not - your name and email address associated with each supported project. As long as you don't create an account, you get emails from our platform with a link to register. Making a registratin with your e-mail address with which you have already supported projects, you can see these previous fundings after activation of your account within your user profile.
(4) Only those persons are entitled to a right of use who are legally competent and those who act with the consent of their legal representatives. The minimum age is, however, 14 years in each case.
(5) If you already are a Participant, you cannot become a Participant again (exclusion of a “dual membership“).
(6) Even if you meet all prerequisites for an acceptance as Participant, we reserve the right to reject your registration without stating reasons.
(7) We point out expressly that each Funding you make will result in the conclusion of a separate contract with the relevant Starter and that an independent contract applies to such.
With regard to the conclusion of individual contracts on Fundings (e.g. depending on the type of the contract with regard to ordering or acquiring of the thank you notes) or investments, the Starter of the Project shall alone be responsible for informing about any rights of revocation, the legal prerequisites necessary for such and their exercise. Insofar, we are a third party, from a legal point of view.
(1) During the initiation of the contract, Starter may promise to the Supporters so-called thank you notes for their Fundings (e.g. mentioning of name in the booklet of a CD, in the credits of a film or other services of Starter).
(2) With their Funding, Supporters make an offer to Starter for the conclusion of a contractual relationship which is independent from us (e.g. for Fundings without thank you note, purchase contract or service contract).
(3) Any type of agreements between Starter and Supporter within the meaning of paragraphs 1 and 2 are subject to the condition precedent that the maturity for disbursement has been achieved.
(4) In the event of a successful end of the Financing Phase, we will provide the involved persons with the necessary data to perform the agreements concluded between them. Supporter and Starter agree that data will be forwarded when they make a Funding or Start the Project.
(1) As Supporter, the payment methods described in more detail on our Internet pages in the context of the relevant Project are available to you for making your Funding. If the relevant Funding Threshold is not achieved within the Project’s Financing Phase, any payments already made to you will be reimbursed. You will see the sequence of the repayment in the payment overview.
(2) The relevant terms and conditions of business and the charges of the providers apply with regard to the payment methods made available. If the payment methods of immediate transfer and prepayment are used, Fundings will be paid directly to a account of Fidor Bank AG or secupay AG where Startnext Network GmbH will check the payments as to whether such were properly received. If Supporter selects PayPal, direct debit or credit card for payment, Supporter‘s payment will be transferred to the above mentioned account, when the funding treshold has been achieved.
(1) If the Funding Threshold is achieved before the expiry of the Financing Phase, Starter may achieve an excess financing if further Fundings are received. If Starter has determined a Funding Limit, the Project will end when the Funding Limit has been achieved, at the latest. The requirement for acceptance remains unaffected thereby.
(2) If at least the Funding Threshold is achieved during the Financing Phase and if any other conditions for reaching the maturity for disbursement (e.g. acceptance by Starter) are fulfilled, Starter will be given access to the amount of Funding, when the maturity for disbursement has been achieved. Depending on the type of the payment service provider it might happen that the total amount will be made available to Starter in partial payments and/or only after a waiting period.
(1) In order to ensure a proper performance of the use, you agree on the duties as to conduct set out below, where any non-compliance with those duties might result in disadvantages for you – in particular to a termination and the assertion of claims for damages on our part.
(2) You are obliged:
(3) As a User, you must not act in an unlawful, immoral manner or in violation of applicable laws and third party rights. That includes the following duties:
(4) If you infringe one of your incidental duties arising from paragraphs 2 and/or 3, we shall be entitled, at our choice, to temporarily block and/or delete affected contents with immediate effect and/or to exclude you, temporarily or permanently, from the offer and/or to declare our termination without notice. The same shall apply, if we are informed by third parties that you would infringe the duties contained in paragraph 3, unless the allegations of the third party are obviously incorrect.
(5) The contents contained within our Platform are subject to copyright protection. You are, therefore, not allowed to copy, edit and/or process the contents beyond the use as permitted by us or by any other owner of the rights for each individual case.
(6) If you infringe the duties above, you need to reimburse the damage resulting therefrom to us or release us of third party claims, unless you are not responsible for the infringement of the duty.
(1) In the event that you enter contents in our page through your account, to which you hold the copyrights and other property rights, we are entitled to those acts of exploitation which comply with the purpose of the individual services of the portal, for the term in which we render our services.
(2) In line with the purpose of our platform to provide an increasingly growing collection of information, your postings on pin walls, on the pages of the public area as well as on the pages of the Closed Area cannot be deleted even after the cancellation of your membership, apart from those on the project pages of the Starter. You irrevocably transfer all necessary rights to this information, even beyond the duration of your registration as Participant.
(3) The data contained in the Startnext internet offer is subject to copyright protection. The user is therefore not allowed to copy, edit and/or distribute this data beyond any use granted by the holder of the copyright in the individual case. This shall apply in particular also to the rights of Startnext as database vendor according to articles 87c et seqq. of the German Copyright Act. The repeated and systematic reproduction, distribution or public presentation of contents of our website conflicts with a normal analysis of our database and prejudices the legitimate interests of Startnext.
We will store and process your data exclusively for the purposes arising from the registration and in doing so will observe the applicable legal provisions of data protection (see also our Data Privacy Statement).
(1) We will pay damages or reimburse lost expenses regardless of the legal reason (e.g. for contractual or similar obligations, infringement of duties or tort) only to the extent set out below:
(2) We reserve the objection of contributory fault. You are obliged to back up your data according to the state of the art.
(3) Insofar as our liability is excluded or limited, that shall also apply to the personal liability of our employees, representatives and vicarious agents.
(4) The paragraphs of Art. 12 (Liability) above shall not apply in the event of an injury of life, body, health or to claims arising under the product liability act.
You may delete your account, at any time, and without stating reasons. That shall not apply, insofar as you are the Starter and your Project is in the Financing Phase, plus any times which are necessary for handling the Project after its end.
(1) The contract on the use of our platform will be concluded for an indefinite period of time. Either party may terminate it with a notice period of one month to the end of the calendar month. If, in an individual case – for instance if additional services are booked – a longer notice period was agreed, this period shall apply with regard to the additional services.
(2) If a Project is in the Financing Phase, the notice period of one month for ordinary terminations on the part of Starter will be extended by the duration of the Financing Phase, plus any periods necessary for handling the Project, on which we have, however, no influence.
(3) The right of termination for an important reason shall remain unaffected.
(4) Terminations shall be made in writing or by telefax.
(1) We are entitled to amend the contents of these General Terms and Conditions of Use.
(2) In that case, we will inform the Participant about the proposal for amendment by stating the reasons and the concrete scope, in writing (e.g. by email). Amendments shall be deemed to be approved if Participant fails to object to them at least in text form. We will specifically inform Participant about this consequence in the notification letter. We must receive the objection at least within six weeks after receipt of the notification. If Participant exercises their right to object, the proposal for amendment shall be deemed to be rejected. The contract will then be continued without the proposed amendments, but might be terminated by either part, without notice, at any time.
(1) The laws of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. Mandatory rules of the State in which the participant has his habitual residence, remain unaffected.
(2) Place of fulfilment and place of jurisdiction for all disputes arising from this contract shall be Dresden, Germany, for contracts with merchants, legal persons under public law or special funds under public law. Any other place of jurisdiction shall apply to actions or applications on our part.
Version: February 2015