Yes, we know - here comes the unpleasant stuff. But, as we all know: unpleasant does not mean unimportant, so let's get it over and done with! After all, you need to be on the safe side, and so do we.

Version: December 15th, 2009

This page states the Terms under which you may use our site. Please read it carefully. Terms may be updated and revised by us from time to time, so please visit this page periodically to review them. By using this site, you signify that you agree with these Terms of Use. If you do not accept the following terms and conditions, do not use this Website or our service.

1 - Scope

1.1 The provisions of these General Terms and Conditions (GTC) govern the entire legal relationship between the validly registered user (“User”) and Vitra Design Stiftung gGmbH and are applicable to all services provided to the User or offered on the Vitra Design Stiftung gGmbH Websites (“Service(s)”) and also to all the User’s actions, contents, or other material relating to the Vitra Design Stiftung gGmbH Websites. No conflicting terms of use or conditions of the User shall be applicable and are hereby rejected. The complete and valid GTC are available in a printable form on each Vitra Design Stiftung gGmbH Website under “Terms and Conditions”.

1.2 The User enters into this agreement on the use of Services with Vitra Design Stiftung gGmbH, Charles Eames Str. 2, 79576 Weil am Rhein, Germany. In so far as these GTC also mention other users of the Vitra Design Stiftung gGmbH Websites, these GTC shall also govern the relationships between users. However, no user shall claim rights under this agreement against other users without prior consent of Vitra Design Stiftung gGmbH.

1.3 Vitra Design Stiftung gGmbH reserves the right to amend these GTC at any time insofar as these amendments are not unreasonable for the User. Vitra Design Stiftung gGmbH shall give due notice of any amendments of these GTC to the User via the User’s email address. The amendments to the GTC shall be effective from that point in time unless the User objects within two (2) weeks after receipt of said notice by sending a fax or letter to Vitra Design Stiftung gGmbH, provided that Vitra Design Stiftung gGmbH has explicitly informed the User about the consequences of such non-objection.

2 - Services

2.1 Vitra Design Stiftung gGmbH provides the User with an Internet platform which incorporates technical applications that allow the User to establish contact and share information with other users. This Service made available via the Vitra Design Stiftung gGmbH Websites includes upload, download, and posting options regarding materials and information, which Vitra Design Stiftung gGmbH, the User, or other users want to share on the Vitra Design Stiftung gGmbH Websites (“Content(s)”). The Services are described in detail on the Vitra Design Stiftung gGmbH Website.

2.2 Vitra Design Stiftung gGmbH does not take part in any communication between Users and is not responsible for or party to any agreements that Users engage in by communicating over Vitra Design Stiftung gGmbH Websites.

2.3 Users who want to take advantage of the Services provided on Vitra Design Stiftung gGmbH Websites have the option to register for free membership.

2.4 Vitra Design Stiftung gGmbH reserves the right to modify the Services or to offer services different from those offered at the time of the User’s registration at any time unless this is unreasonable for the User. Vitra Design Stiftung gGmbH shall give due notice of any amendments of Services to the User via the User’s email address or by placing a notice in the User’s personal inbox on the Vitra Design Stiftung gGmbH Website. The amendments to the Services shall be effective from that point in time unless the User objects within two (2) weeks after receipt of said notice by sending a fax or letter to Vitra Design Stiftung gGmbH, provided that Vitra Design Stiftung gGmbH has explicitly informed the User about the consequences of such non-objection.

2.5 The User understands that it is technically impossible to offer or warrant 100% availability of the Vitra Design Stiftung gGmbH Websites. Vitra Design Stiftung gGmbH will use reasonable efforts to keep the Vitra Design Stiftung gGmbH Websites available without unplanned interruption. However, maintenance, security or other planned actions, and/or events beyond Vitra Design Stiftung gGmbH’s reasonable control (e.g. disruptions in public communication networks, power failures), may cause temporary interruptions or other failures of the Services.

3 - Registration

3.1 In order to sign up for membership, must apply for registration by completing the registration procedure on the Vitra Design Stiftung gGmbH Website. By completing the registration procedure, the User consents to enter into this agreement to use the Services and Vitra Design Stiftung gGmbH accepts this offer by activating the User’s membership and personal account.

3.2 The User warrants and represents that the User has fully and truthfully submitted the information required by Vitra Design Stiftung gGmbH for registration and does not use pseudonyms or nicknames. The User shall keep data in his/her profile up-to-date, in particular any changes to his/her e-mail address. The User shall ensure that Vitra Design Stiftung gGmbH can establish contact with him/her via the contact details provided by him/her in the personal profile on the Vitra Design Stiftung gGmbH Websites at all times.

3.3 Vitra Design Stiftung gGmbH reserves the right to refuse registration of any user for any or no reason.

3.4 The User hereby confirms that the User is of legal age at the time of registration and has not already registered with Vitra Design Stiftung gGmbH, i.e. only maintains one (1) user account.

3.5 With registration the User has to define a password which the User will use to identify himself/herself in order to access the Website(s), the Services, and the User’s personal account. The User is responsible for keeping the password secret and preventing other persons from accessing the User’s account via this password. The User agrees to notify Vitra Design Stiftung gGmbH of any unauthorized use of the User’s password or account or any other breach of security immediately through the contact form available on each Vitra Design Stiftung gGmbH Website under “Contact”. The User promises to immediately inform Vitra Design Stiftung gGmbH if there is any indication that the password is being used by third parties. Vitra Design Stiftung gGmbH will not be liable for any loss or damage arising from the User’s failure to comply with this section.

3.6 In so far as the User is in breach of the obligations agreed in this section 3, Vitra Design Stiftung gGmbH shall be entitled to terminate this agreement with immediate effect, to block the User’s account and to prevent further use of the Services and the Website(s) by the User.

4 - User’s Obligations

4.1 The User shall only provide true and accurate personal, social and professional information and shall not use any nicknames or pseudonyms to identify himself/herself.

4.2 The User shall not use, upload, post, email, transmit, or otherwise make available any Contents, or have other make the same available on the Vitra Design Stiftung gGmbH Websites, or send other users messages with Contents that violate laws and statutes in any manner (“Illegal Contents”), such as, but not limited to: a) Contents breaching third-party rights – e.g. copyright, performance and commercial property rights such as brands, patents, registered designs, design rights, and also other rights, for example name and personality rights; b) Contents which are insulting or defamatory, regardless of whether said contents are directed at Vitra Design Stiftung gGmbH personnel or other companies or another user; c) Contents and actions violating criminal law, promoting anti-constitutional organizations or insignia of such organizations; Contents glorifying violence; racist, pornographic, sexist Contents; Contents harmful to young persons; Contents trafficking in narcotics, inciting or downplaying the consumption of narcotics, inciting criminal offenses, gambling, insult or slander, defamation etc.; d) Contents promoting any commercial practices considered unfair competition, including progressive customer acquisition practices (such as chain distribution systems, multilevel selling or pyramid sales) or Content unreasonably annoying any other user (cf. section 7 of the German Unfair Competition Act; e.g. spam, chain letters; multi-level marketing or multi-level network marketing); e) Contents which include information for which the User has no right to disclose or make available under any law or under contractual or fiduciary relationships (such as proprietary and confidential information or insider information etc.); f) Contents intended to disrupt, destroy, limit, or impair services on the Vitra Design Stiftung gGmbH Websites or the functionality of any computer software or hardware or telecommunications equipment, in particular through robots, spiders, spamming, DOS attacks, chain mail, junk mail, scripts etc..

4.3 The User shall not (i) disguise the origin of any communication via the Services or disguise his/her own identity while using the Services in any way; (ii) disobey any requirements, procedures, policies, or regulations set up for the use of the Services on Vitra Design Stiftung gGmbH Websites by Vitra Design Stiftung gGmbH; (iii) interfere with or disrupt the Vitra Design Stiftung gGmbH Websites, its servers or networks connected to Vitra Design Stiftung gGmbH, or conduct actions that impair the operability of Vitra Design Stiftung gGmbH’s infrastructure, particularly which may overload said infrastructure; (iv) block, overwrite, modify, or copy any Contents on Vitra Design Stiftung gGmbH Websites, unless said actions are necessary for the proper use of the Services. The use of any search engine technology is not necessary for proper use of the Services, and is therefore prohibited.

4.4 The User shall not send identical messages to more than one (1) user on the Vitra Design Stiftung gGmbH Websites.

4.5 Vitra Design Stiftung gGmbH will, in appropriate circumstances, terminate the accounts of users who infringe the intellectual property rights of others. If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on this site or on sites linked to this site, please provide us with notice containing: a) a physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest that is alleged to have been infringed b) a description of the copyrighted work or works that you claim have been infringed and identification of what material in such work(s) is claimed to be infringing and which you request to be removed or access to which is to be disabled c) a description of where the material that you claim is infringing is located on our site d) information sufficient to permit Vitra Design Stiftung gGmbH to contact you, such as your physical address, telephone number and e-mail address e) a statement by you that you have a good faith belief that the use of the material identified in your notice, in the manner complained of, is not authorized by the copyright owner, its agent or the law f) a statement by you that the information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner's behalf.

5 - Granting Rights of Use

5.1 The User grants Vitra Design Stiftung gGmbH all rights with respect to Contents as needed to fulfill the purpose of this agreement. In particular, the User grants the royalty-free, perpetual and irrevocable, non-exclusive, worldwide and unrestricted transferable and sublicensable license: a) to store all Contents (in particular images, videos, texts etc.) uploaded or posted during the use of the Vitra Design Stiftung gGmbH Websites in an electronic form, b) to make the same available to other users and to disseminate the same to other users upon demand by way of download, and also to permit other users to make virtual or physical copies of these Contents for their private use, c) to reproduce, disseminate, make generally available, and broadcast all uploaded Contents on all Websites or other platforms and services operated by Vitra Design Stiftung gGmbH (in particular TV, advertising, print media, radio, Internet, mobile Internet), d) to process the Contents in a user-friendly form, make the same amenable for research and process the same such that other users can access the same at any time. This includes converting the Contents into other data formats. Vitra Design Stiftung gGmbH shall have the right to combine the Contents or parts thereof with its own or third-party Contents, in particular to add links to the Contents or make the same available to third parties via links, e) to amend, shorten, block or suspend access to, and delete any Contents provided by the User.

5.2 The User may print a single copy of site content for his or her personal use, but must retain all copyright, trademark, service-mark and other proprietary notices contained in the original material on any copy you make. You may not sell or modify it, or reproduce, display, publicly perform, distribute, or otherwise use it in any way for any public or commercial purpose. Unauthorized use of any of the above may violate copyright, trademark, and other laws.

5.3 With respect to all Contents described above, the User hereby waives the exercising of all moral rights as far as legally possible, in particular with respect to infringements through changes to the Contents made by Vitra Design Stiftung gGmbH or third parties.

5.4 The User hereby warrants that with respect to the entire Contents furnished by the User, the User is the holder of the corresponding intellectual property rights or is entitled to use and transfer rights of use (in particular for publication, reproduction, and dissemination) to the extent necessary and required under these GTC and during the course of the Contents being used on the Vitra Design Stiftung gGmbH Websites without the infringement of any third-party rights.

5.5 Vitra Design Stiftung gGmbH grants the User full permission to link to our site using a text link, but not to frame our site or use any of trademarks or logos without our prior permission. We do not pay referral fees for such links. Vitra Design Stiftung gGmbH may from time to time provide links to third party sites or resources; these links are provided solely as a convenience to you and not as an endorsement by us. Because Vitra Design Stiftung gGmbH has no control over such sites and resources, the User acknowledges and agrees that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products or other materials on or available from them. If you decide to access linked third party Web sites, you do so at your own risk.

6 - No Responsibility for User’s and Third-Party Contents

6.1 Vitra Design Stiftung gGmbH shall not be liable for any Contents provided or made available by any user, including the User’s content. In particular, Vitra Design Stiftung gGmbH does not warrant that any such Content is true or accurate, or that it fulfils or serves any particular purpose.

6.2 If the User finds Contents offensive or objectionable, or a breach of its or any third-party rights, or illegal in any other way, the User shall contact Vitra Design Stiftung gGmbH through the contact form, or by sending a fax or letter. Vitra Design Stiftung gGmbH will investigate the complaints and violations of its policies and may take any appropriate action, including, but not limiting to issuing warnings, removing or blocking the Content or terminating accounts and/or subscriptions.

6.3 The User acknowledges that the Vitra Design Stiftung gGmbH Websites include and provide Contents provided by third-party providers as well as links to websites of third parties (alltogether “Third-Party Contents”). Vitra Design Stiftung gGmbH shall not be liable for any such Third-Party Contents, but will comply with its obligations in accordance with the German Act for Telemedia Services (“Telemediengesetz”).

7 - Terms of Termination, Reimbursement of Advance Payments

7.1 This agreement shall remain valid and binding as long as the User uses the Services. The User may terminate this agreement without cause according to sections 7.2. and 7.3;. both parties may terminate this agreement for cause in accordance with section 7.5.

7.2 The User may terminate the membership at any time without cause.

7.3 A party may by written notice to the other party terminate this agreement for good cause in accordance with section 314 German Civil Code, taking into account all circumstances of the individual case and weighing the interests of either party against the other party, also considering any other adequate measures set forth in section 8.6. On Vitra Design Stiftung gGmbH's side, this is in particular the case, if a) the User, when using the Service, fails to comply with any applicable statutory legal requirements or substantial contractual obligations as set forth in these GTC; b) there is a cause in the person of the User or in his/her activities in relation to the Vitra Design Stiftung gGmbH Websites which may substantially impair the reputation of the Websites or Vitra Design Stiftung gGmbH.

7.4 In the event of a good cause in accordance with section 8.5 and notwithstanding Vitra Design Stiftung gGmbH’s right to terminate the agreement, Vitra Design Stiftung gGmbH is entitled to: a) delete or block the Contents posted by the User, b) send the User a notice detailing the cause and claiming remedy of the cause, or c) block the User's access to the Services.

7.5 The User shall not be entitled to claim reimbursement of any advance payments made by the User if Vitra Design Stiftung gGmbH has terminated the agreement or blocked the User’s access for good cause pursuant to section 7.3 and 7.4.

7.6 You agree that Vitra Design Stiftung gGmbH may terminate your password, account or use of our service immediately, without prior notice, and remove and discard any content within our service, if we believe that you have violated or acted inconsistently with the letter or spirit of the Terms of Use; if you infringe third party intellectual property rights; for lack of use; or if we are unable to authenticate any information that you have provided to us. Further, you agree that Vitra Design Stiftung gGmbH shall not be liable to you or any third-party for any termination of your access to our service.

8 - Privacy

8.1 Vitra Design Stiftung gGmbH acknowledges that any personal data provided by the User to Vitra Design Stiftung gGmbH is extremely important to the User. Vitra Design Stiftung gGmbH shall comply with all applicable legal provisions regarding data protection (German Data Protection Laws, European Data Protection Directives, and any other applicable data protection legislation). In particular, Vitra Design Stiftung gGmbH shall not provide or otherwise disclose any personal data of the User to any third party without consent, unless stated explicitly in these Terms and Conditions, or Vitra Design Stiftung gGmbH is required by statutory applicable law to reveal the data to third parties, in particular government or regulatory bodies. Details on Vitra Design Stiftung gGmbH’s handling and processing of the User’s personal data are set forth in Vitra Design Stiftung gGmbH’s Privacy Policy.

8.2 Vitra Design Stiftung gGmbH uses Google Analytics, a web analytics service provided by Google, Inc. (“Google”). Google Analytics uses “cookies”, which are text files placed on users' computers, to help the website analyze how users use the site. The information generated by the cookie about their use of the website (including users' IP addresses) will be transmitted to and stored by Google on servers in the United States. Google will use this information for the purpose of evaluating users' use of the website, compiling reports on website activity for website operators and providing other services relating to website activity and internet usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google’s behalf. Google will not associate users' personal IP address with any other data held by Google. Users may refuse the use of cookies by selecting the appropriate settings on their browsers, however users should note that if they do this, they may not be able to use the full functionality of this website. By using this website, users consent to the processing of data about  them by Google in the manner and for the purposes set out above.

9 - Liability of Vitra Design Stiftung gGmbH

9.1 Subject to the provisions set out in this section, Vitra Design Stiftung gGmbH shall only be liable for any damages, irrespective of the cause of action, including tort, which (i) are caused by negligent violation of an essential contractual obligation (“Kardinalpflichtverletzung”) which have to be duly fulfilled for the achievement of the contractual purpose and on which fulfillment the User can rely on under normal circumstances, or (ii) are caused by gross negligence or willful misconduct of Vitra Design Stiftung gGmbH.

9.2 If Vitra Design Stiftung gGmbH is held liable under the preceding paragraph, Vitra Design Stiftung gGmbH’s liability shall be limited to those typical damages which Vitra Design Stiftung gGmbH could reasonably foresee at the time of execution of the agreement, based on circumstances known to Vitra Design Stiftung gGmbH at that time, provided, however, that this limitation shall not apply if any damages are caused by Vitra Design Stiftung gGmbH’s gross negligence or willful misconduct.

9.3 Vitra Design Stiftung gGmbH shall not be liable for any consequential, incidental, or indirect damages unless those damages are caused by Vitra Design Stiftung gGmbH’s gross negligence or willful misconduct.

9.4 Nothing in this section 9 shall limit Vitra Design Stiftung gGmbH’s liability for personal injury and property damage claims based on the German Product Liability Act.

10 - Indemnity

10.1 The User shall indemnify and hold Vitra Design Stiftung gGmbH harmless for claims for breach of third-party rights for which the User is responsible or any damage which is caused by a breach of any contractual obligations by the User. The User shall in particular indemnify and hold Vitra Design Stiftung gGmbH harmless for claims by third parties resulting from any illegal acts by the User, in particular with respect to Contents provided by the User infringing third-party rights or otherwise Illegal Content. In so far as such infringement of rights result in court proceedings, the User shall also bear the costs incurred by Vitra Design Stiftung gGmbH as a result, in particular court and attorney costs.

11 - Miscellaneous

11.1 Unless otherwise stated in these GTC, the User may submit all notices to Vitra Design Stiftung gGmbH by fax, letter or email. Vitra Design Stiftung gGmbH may send notices to the User by placing a notice in the User’s personal inbox on the Vitra Design Stiftung gGmbH Website, email, fax, or post to the addresses given in the User’s current contact data in his/her user account.

11.2 If any provision of these GTC is, for any reason, invalid and/or unenforceable, the remaining provisions shall continue to be valid and enforceable to the fullest extent permitted by law.

11.3 The place of performance under these GTC shall be Vitra Design Stiftung gGmbH’s main place of business.

11.4 Place of jurisdiction, insofar as legally admissible, shall be Berlin, Germany. This shall not impair any consumer jurisdiction forum competent for a dispute.

11.5 These GTC and the contractual relationship shall be governed by German Law, excluding the provisions of the United Nations Convention on Contracts for the International Sale of Goods.