1 / 01 Welcome to www.orwhat.cc (the “Website”). The Website is provided to you by Or What UG (“Or What”, “us”, “we” or “our”). Our registered office is at Schlesische Strasse 29, Berlin, 10997 and our registered company number is 01945230. Our VAT number is 791256154.
1 / 04 If you purchase goods and/or services made available on our Website then the purchase of such goods and/or services may be subject to separate terms.
2 Use of the website
2 / 01 You should read these Terms and Conditions prior to using the Website. You should also save and/or print out a copy of these Terms and Conditions for your future reference.
2 / 02 We may from time to time vary the Terms and Conditions. The revised Terms and Conditions will be available via the Website. Please check our Terms and Conditions regularly to ensure you are aware of any variations we may make. If you continue to use our Website, you will be deemed to have accepted such variations. If you do not agree to such variations, you should not use our Website.
3 Access to our website
3 / 01 You must not interfere with or disrupt, the Website or any servers or networks connected to the Website, including by transmitting any worms, viruses, malware, spyware or any other code of a destructive, malicious or disruptive nature. You may not inject content or code or otherwise alter or interfere with the way in which any page of the Website is rendered or displayed in a user’s browser or device.
3 / 02 You must not access the Website or any Materials (defined below) via a means not authorised in writing in advance by us, including but not limited to, automated devices, scripts, bots, spiders, crawlers or scrapers (except for standard search engine technologies).
3 / 03 You must not attempt to restrict another user of the Website from using or enjoying the Website and you must not encourage or facilitate the breach of these Terms and Conditions by others.
3 / 04 You agree not to use the Website for any illegal or unauthorised purpose. You agree to comply with all laws, rules and regulations applicable to your use of the Website, including, but not limited to copyright and other intellectual property laws.
3 / 05 You must not change, modify, adapt or alter the Website or change, modify or alter another website so as to inaccurately imply an association with the Website or with us.
3 / 06 If you breach any of these Terms and Conditions, or any of the other terms and policies referred to in these Terms and Conditions, your ability to access and use the Website may be terminated by us immediately by giving written notice to you using the contact details made available to us.
3 / 07 We may withdraw your access to our Website and/or your account at any time and for any reason and we will not be liable for any resulting loss or damage to the fullest extent permissible in law.
3 / 08 You are not permitted to use or cause others to use, any automated system or software to extract content or data from our Website except in cases where you or any applicable third party has entered into a written agreement with us that expressly permits such activity.
4 Availability of our website
4 / 01 Access to our Website is permitted on a temporary basis. We update the Website regularly so we may change the content at any time. We reserve the right to withdraw or amend the Website without notice. We will not be liable to you for any reason if the Website is unavailable at any time for any period.
4 / 02 You are responsible for making all arrangements necessary to access our Website. You are also responsible for ensuring that all persons accessing our Website through your internet connection are aware of these Terms and Conditions.
4 / 03 Please note that use of the Website is subject to your computer and/or device complying with our minimum standard technical specifications and compatibility requirements. See Section 17 below for further information. You are advised to check this specification to ensure that your computer and/or portable device is compatible with our Website and we shall not be liable for any failure arising in the Website which arises from incompatibility (including, without limitation, minimum storage and memory requirements from time to time).
4 / 04 You acknowledge that we cannot guarantee that our Website will:
(a) be compatible with all or any hardware or software which you may use;
(b) be available all the time or at any specific time;
(c) be accurate and up to date; or
(d) be error-free or free of viruses, electronic bugs, Trojan horses or other harmful components and you must take your own precautions accordingly.
4 / 05 You also acknowledge that:
(a) we may be required to remove certain content from the Website from time to time;
(b) we cannot guarantee the speed or security of our Website; and
(c) we will not be responsible for any damage or loss you may suffer directly or indirectly as a result of any virus attack that can be traced to our Website to the fullest extent permissible by law.
4 / 06 We will also have no liability to you for any failure to maintain the Website.
5 Your privacy & cookies
6 Intellectual property rights
6 / 01 Our Website and all information, music, images, photographs, videos and other content displayed on our Website (“Material(s)>”) are protected by certain rights. These rights include all patents, rights to inventions, copyright, database rights, performer’s property rights, moral rights, trademarks and service marks, business names and domain names, goodwill and the right to sue for passing off or unfair competition, rights in designs and all other intellectual property and proprietary rights, in each case whether registered or unregistered (“Rights”). These Rights either belong directly to us or are licensed to us from their respective owners or licensors.
6 / 02 You may only view, print out, use, quote from and cite the Website and the Materials for your own personal, non-commercial use and on the condition that you give appropriate acknowledgement to us where appropriate.
6 / 03 We expressly reserve all Rights in and to our Website and the Materials and your use of our Website and the Materials is subject to the following restrictions. You must not:
(a) remove any copyright or other proprietary notices contained in the Materials;
(b) use any Materials in any manner that may infringe any of our Rights or the Rights of a third party;
(c) use the Materials in any way that might be illegal or breach the Terms and Conditions;
(d) reproduce, modify, edit, mix or remix, apply any voiceover or commentary, display, perform, publish, distribute, disseminate, broadcast, frame, communicate to the public or circulate to any third party or exploit our Website and/or the Materials in any way for any commercial purpose, without our prior written consent; or
(e) use the Website or Materials in any way that is in contravention of any applicable law or regulation or in any manner that will violate the privacy, publicity or personal rights of others or in any defamatory, obscene, threatening, abusive or hateful material including without limitation using the Website or any Materials in connection or association with any obscene, defamatory, illegal, pornographic material or in relation to products and services that relate to firearms, gambling, pharmaceuticals, pornography or tobacco or otherwise than in accordance with normal standards of decency.
6 / 04 Any use of our Website or the Materials in a manner not expressly permitted by the Terms and Conditions may constitute an infringement of our Rights and/or the Rights of our licensors. We and our licensors reserve the right to exercise all rights and remedies available in respect of any infringement of Rights in our Website or the Materials accessible on it.
7 User content
7 / 01 Whenever you make use of a feature that allows you to post content to our Website, or to make contact with other users of our Website, you must ensure that you do not say or do anything that may cause offense to other users. In particular, you must not post content that may be considered illegal, obscene, pornographic or sexually explicit, offensive, humiliating, threatening, violent, abusive, hateful, discriminatory, defamatory or harassment.
7 / 02 You must not post any content which contains material which it is unlawful for you to possess in the country in which you are resident, or which it would be unlawful for us to use or possess.
7 / 03 In particular, you represent, warrant and undertake that:
(a) you have and will continue to have all necessary licenses, rights, consents, and permissions which are required for you to make available any content posted by you on the Website in accordance with these Terms and Conditions and for us to use such content as anticipated by these Terms and Conditions;
(b) any content you post on the Website will not contain any third party copyright material, or material that is subject to other third party proprietary rights (including rights of privacy or rights of publicity), unless you have a formal licence or permission from the rightful owner, or are otherwise legally entitled, to post the content in question and grant us the licence referred to in paragraph 8 below; and
(c) you warrant that any such content you post complies with the standards set out in these Terms and Conditions.
7 / 04 Any content you post on our Website will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us and other users of the Site a limited licence to use, store and copy that content and to distribute and make it available to third parties. The rights you license to us are described in paragraph 8 (Rights you license).
7 / 05 We also have the right to disclose your identity to any third party who is claiming that any content posted by you to our Website constitutes a violation of their intellectual property rights, or of their right to privacy or their other legal rights.
7 / 06 We have the right to remove any post you make on our Website if, in our opinion, your post does not comply with the content standards set out in these Terms and Conditions.
7 / 07 We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of our Website.
7 / 08 You acknowledge that:
(a) the views expressed by other users on our Website do not represent our views or values; and
(b) that in using the Website, you may be exposed to content posted by other users that is factually inaccurate, offensive, indecent, or otherwise objectionable to you. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against us with respect to any such content.
8 Rights you license
8 / 01 When you post content on our Website, you grant:
(a) to us, a worldwide, non-exclusive, royalty-free, transferable licence (with right to sub-license) to use, reproduce, distribute, prepare derivative works of, display, and perform that content in connection with our Website or otherwise in connection with our services and/or our business, including without limitation for promoting and redistributing part or all of our services in any media formats and through any media channels; and
(b) to each user of the Website, a worldwide, non-exclusive, royalty-free licence to access the content through the Website, and to use, reproduce, distribute, prepare derivative works of, display and perform such content to the extent permitted by the functionality of the Website and under these Terms and Conditions.
9 / 01 Or What is a pending trademark in the European Union.
9 / 02 We reserve all Rights we own in the name “Or What”, the www.orwhat.com domain name and all related domains and sub-domains, our logo and our service marks, brand names, trading names and/or trade marks appearing on our Website. Other trade marks, products and company names mentioned on our Website may be the trade marks of their respective owners or licensors and the Rights in such marks are reserved to their respective owners or licensors.
9 / 03 Nothing in the Terms and Conditions should be construed as granting any licence or right to use any such trade marks or our domain name.
10 Reliance on information posted
10 / 01 While we take steps to ensure that the Website and/or Materials do not contain inaccuracies and typographical errors, we cannot guarantee this and we do not warrant the completeness or accuracy of the Website and/or Materials.
10 / 02 Materials posted on the Website are not intended as advice and should not be relied upon as such. We therefore disclaim all liability and responsibility arising from any reliance placed on such information to the fullest extent permissible by applicable law.
11 Our liability to you
11 / 01 We will only be liable to you under or in connection with your use of our Website for losses which you suffer as a direct result of our breach of these Terms and Conditions.
11 / 02 We shall not be liable under these Terms and Conditions, howsoever caused for any business losses that you may incur, including but not limited to lost data, lost profits or business interruption or for any indirect, special, incidental or consequential damage or loss.
11 / 03 We do not exclude our liability (if any) to you for:
(a) personal injury or death resulting from our negligence;
(b) fraud or fraudulent misrepresentation; or
(c) any matter for which it would be illegal for us to exclude, or to attempt to exclude, our liability.
12 Your liability to us
12 / 01 You acknowledge that any use by you of the Materials or our Website in a manner not expressly permitted by these Terms and Conditions may mean that you are infringing our Rights and/or the Rights of our third party licensors and we and our licensors reserve all rights and remedies against you in respect of any such infringement.
12 / 02 You hereby agree to compensate us, our group companies, our clients, associates and affiliates from and against any loss, cost, damage, expense or liability we may suffer as a result of:
(b) your unauthorised use of the Materials and/or our Website.
13 Linking to our website
13 / 01 You may link to any page of our Website for non-commercial purposes provided that you do so in a way that is fair and legal and which does not damage our reputation or take advantage of it. For the avoidance of doubt, the linking site must not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable.
13 / 02 You must not link to our Website in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
13 / 03 You must not remove, obscure or modify in any way any advertisements, copyright notice, or other information on our Website. Our Website must not be framed on any other site.
13 / 04 If you would like to link to our Website for commercial purposes or any purpose not included above, please contact us using the details below.
13 / 05 We reserve the right to withdraw linking permission at any time and without notice.
14 Third party websites & services
14 / 01 Our Website and/or the Materials may contain links to third party websites and services. If you decide to visit any third party site or use a third party service, you do so at your own risk. We are not responsible for the content, accuracy or opinions expressed on such websites or services. Links do not imply that we are, or our Website are, affiliated to or associated with such sites or services.
14 / 02 Your browsing and interaction on any other website or your use of other services, including websites and services which have a link to our Website, is subject to that operator’s own rules and policies. Please read those rules and policies before proceeding.
15 General provisions & applicable law
15 / 01 You may not assign, sub-license or otherwise transfer any of your rights under these Terms and Conditions.
15 / 02 If any provision of these Terms and Conditions is found to be invalid for any reason, the invalidity of that provision will not affect the remaining provisions of these Terms and Conditions, which will remain in full force and effect.
15 / 03 Failure by either of us to exercise any right or remedy under these Terms and Conditions does not constitute a waiver of that right or remedy.
15 / 04 The German Courts will have exclusive jurisdiction over any claim arising from or related to our Website or these Terms and Conditions, including any purchases from the Website. German Law will apply to these Terms and Conditions.
16 Enquiries & complaints
16 / 01 If you have an enquiry or complaint about our Website (including the Materials that appear on our Website), you should contact our customer services team at email@example.com and we will try to answer your enquiry or resolve any complaint as soon as possible.
16 / 02 If you have any suggestions for improvements or additions that you would like to see on the Website, please email us at firstname.lastname@example.org Our postal address is located at Section 1/01.
17 Technical specification
We support the following browsers:
-Mobile Safari for iOS 7.1 and above
-Chrome for Android (latest version)
-Chrome Desktop (latest version)
-Safari Desktop (latest version)
-Firefox Desktop (latest version)
-Internet Explorer 10, 11
We also provide limited support for:
-Firefox Mobile (latest version)
If you have any questions about how we collect, use and share your personal data, please email us at email@example.com
2 Or What is commitment to protecting your privacy
You can use some of the Website without providing Information. However Or What does need Information to provide parts of the Website.
3 Your consent
4 The information we collect
You may send us or we may ask you for the following Information:
your full name;
your address and postcode;
your contact information (such as your email address, telephone number and mobile telephone number);
your age and gender;
general information about yourself (such as your interests, your experience of our services and products or other services and products and your contact preferences); and
information relating to your use of our Website.
When you connect to our Website using Facebook, Disqus, Google, Twitter, Tumblr, they provide us with your “basic information”, which includes your relevant ID, name, username, gender, location and age range, as well as any other information you agree to share with us.
We may also collect certain Information about your mobile device, computer hardware and software, which may include the following:
IP address of device(s) used;
operating system and device type;
approximate location (e.g. London or New York);
access times and dates; and
referring website addresses.
5 How we use your information
Or What may use your Information in the following ways:
to ensure that the content on our Website is presented in the most relevant and effective manner for you and your device;
to enable you to use the interactive features of our Website;
to provide products and services that you have requested;
to develop and improve our Website;
for our internal record keeping;
to contact you to answer any queries you may have; and
to contact you or permit our group companies and/or partners to contact you for market research or marketing purposes where you have given us, our group companies and/or our partners permission to do so. For more information on how we may market products and services to you please see below.
Or What may disclose your Information to third parties in the following circumstances:
in the event that Or What sells or buys any business or asset we may disclose your Information to the prospective seller or buyer;
if Or What is under a duty to disclose or share your Information to comply with any legal obligation or in order to enforce or apply our terms and conditions and other agreements or protect the rights, property, or safety of our users, or others;
third party service providers to enable them to perform functions and process user data on our behalf, consistent with this policy; and with your consent.
6 How we handle data
We take great care to keep any data we hold in strictest confidence. We only save contact details of those who have accepted our invitation to join our database via our consent form. They understand that we will invite them to events, and send content originated by us or industry-relevant from time to time.
We do not share our database with any third parties, or indeed anyone outside Or What, and will only share individuals contact details with others in our network if we have their express permission to do so, or If they themselves have requested this.
7 Links to other websites & services
8 Storing your personal information
The Information that we collect from you may be transferred to and stored at a destination outside the European Economic Area (“EEA”). Information may also be processed by staff operating outside the EEA who work for us or for one of our suppliers.
9 Our retention of your personal information
We will take all reasonable steps to retain your Information only for as long as reasonably necessary. If you no longer want us to store your Information you may request for it to be removed from our records, please see below for details of how to request removal. Please note that such removal may prevent us from supplying certain services to you.
10 You can access, correct, update or remove your personal information
You have the right to ask us to provide a copy of the Information we hold about you by emailing us at firstname.lastname@example.org. Any access request may be subject to a fee of €10 to meet our costs in providing you with details of the Information we hold about you.
You also have the right to have Information removed or for any inaccurate Information about you to be corrected. If you would like your Information to be removed from our records or if your Information requires amending then we will endeavour to correct, update or remove your Information as swiftly as possible. This can be done by emailing us at email@example.com
Please note that while Or What will endeavour to make the updates as promptly as possible, communications may be sent using the original details until the changes have been processed.