TERMS OF SERVICE
These Terms of Service (“Terms of Service”) are a legal agreement between you and We are Childfree OÜ (“we,” “our” and “us”) for access to and use of our platform and other services as well as the purchase of goods through our websites (collectively the “Services”).
Our Services currently comprise the following
- Social Media Platform “We are Childfree community,” at www.community.wearechildfree.com (“Platform”)
- Website “We are Childfree,” at www.wearechildfree.com (“Website”)
- Events (“Events”)
- Social Media Accounts, Instagram @wearechildfree_; Twitter @wearechildfree; Facebook @wearechildfree; YouTube @We are Childfree (collectively, “Socials”)
- Shop, at www.wearechildfree.com/shop (“Shop”)
- Newsletter, at www.wearechildfree.com/newsletter (“Newsletter”)
Each part, specific feature, or subdomain of our Services may have different rules governing use and access thereof. In the event of different rules, the specific rules governing only a part of the Service will supersede and govern the Terms of Services. We will, collectively, refer to the aforementioned special rules together with these Terms of Service as the “Agreement.”
Our Services and this Agreement may change from time to time. If they do, we will provide you with an update, as further described in Section 9.1. Some parts of our Services may require that you create an account and some parts may require that you make payment to use or access these. Your access will be contingent thereon.
You must be at least thirteen years of age to use the Service, unless indicated otherwise for subdomains or features of our Service, which may require you to have reached the age of eighteen or of majority in your state of residency
1. ACCESS TO AND USE OF OUR SERVICES
1.1 Access and use. Your access and use of our Service is regulated by this Agreement and your continuous access and use in the future is subject to your compliance to the terms and conditions hereunder and, if applicable, to any provisions from an additional agreement for any part of the Service. We reserve the right to restrict or temporarily or permanently prohibit your access or use of any part of or the entire Service.
1.2 Availability. The Service may be not accessible at a given time for a certain period of time that we can perform maintenance work on the Services. We will use commercially reasonable efforts to perform these outside of business hours on Central European Time. You acknowledge that we do not give a guarantee to continuous and uninterrupted performance of the Service. Further, you understand that access to our Services may be limited or interrupted as a result of circumstances beyond our control, which include internet connections and devices used to access the Services, for which we are not responsible and any unavailability arising thereof is not considered non-provision of our Services.
1.3 Support. In the event that you encounter an error in access or use with the Service, you can reach out to firstname.lastname@example.org. We will reply within a reasonable time. We cannot promise to resolve your support request, but promise to use commercially reasonable efforts.
1.4 Personal use. The Platform and the Service are provided to you by us for your personal use.
1.5 Newsletter. We will only send you updates to your email if you have signed up for an Account or our Newsletter. You can opt out or unsubscribe from our Newsletter anytime sending an email to email@example.com.
2. YOUR ACCOUNT
2.1 Setting Up An Account. If access to features of our Services requires an Account, you will be able to set up an account (“Account”) if you complete our sign-up form, accept this Agreement and, if applicable, any additional agreement necessary for your use of our Service, and provide the required information in the sign-up form. If you have not registered before accessing and using any part of our Service that requires an Account, you will be prompted to the sign-up form for registration at the respective website.
2.2 Information Provided By You. The information you provide has to be information about you as well as accurate, truthful and shall not be in violation of our Code of Conduct. We are not responsible for any error in the provision of our Service if this error is based on inaccurate or false information that you provide. You will be able to change your username, password, and your personal information. Such changes can result in a temporary restriction of your Account access and we reserve the right in the event of such changes to request payment of a fee, but only after we give you prior notice to such action.
2.3 Account Rules. If your access to our Service requires an Account the following rules apply to you in addition to such stipulated throughout this Agreement. You can only register one Account per unique email address and person and you can only access this Account with your email address and or username and password. You are responsible to keep your password confidential, for any activity performed by the Account, and it constitutes a breach of this Agreement if you sell, transfer or allow any other person to access your Account or offer to do so. If you become aware of an unauthorised access to your account by another party, you are prompted to immediately inform us.
(a) Your use of your Account is subject to this Agreement and a breach of the Agreement can be reason for us to terminate your Account. In particular, your use of your Account has to comply with our Code of Conduct.
2.4 Term. Your Account is effective until terminated by us or you. We can terminate your Account any time without prior notice and without limitation, in particular when you breach our Code of Conduct. You can terminate your Account any time by sending an email to firstname.lastname@example.org.
(c) We caution you, and you agree and acknowledge, that in the event of termination, any access to features of our Services or promises by us reliant on your Account access, for example access to your profile and our network, are non-retrievable or non-refundable, or made accessible for your by us, unless agreed to otherwise in an additional agreement.
(d) If your Account is required to access paid Services, refund of payments made is subject to the specific terms and conditions for such purchase or subscription.
3. CODE OF CONDUCT
3.1 Code of Conduct. The following rules (“Code of Conduct”) regulate your use of the Service, and prescribe certain rules for conduct between users. It is our goal to provide you with a friendly environment. Participation in our community is at its best when users treat the fellow users with respect and courtesy. Therefore, we ask that you conduct yourself in a civilised manner when using and accessing our Services. The list of prohibited behaviour below is not exhaustive and may not address all manner of offensive behaviour. Therefore, keep in mind that a breach of this Code of Conduct and beyond can lead to the cancellation of your Account and us blocking your use and access of our Services entirely, which is in our sole discretion and we reserve the right to evaluate each incident on a case by case basis, and to a deletion of any and all of your Content and communication that constitutes that breach. If you encounter a breach of this Code of Conduct, you are prompted to immediately inform us.
3.2 Prohibited Behaviour. The following is a list of prohibited behaviour. The prohibition extends to clear, but also masked violations, uploads and links to websites containing prohibited behaviour.
(a) Racial / Ethnic: Language that (a) promotes racial/ethnic hatred; (b) is recognised as a racial/ethnic slur; (c) alludes to a symbol of racial/ethnic hatred.
(b) Extreme Sexuality / Violence: Language that (a) refers to extreme and/or violent sexual acts; (b) refers to extremely violent real life actions; (c) is pornographic.
(c) Real-Life Threats: Language that refers to violence in any capacity that is not directly related to the Service.
(d) Sexual Orientation: Language that insultingly refers to any aspect of sexual orientation pertaining to themselves or other users.
(e) Hacks, Trojan Horses or Malicious Programs: Posting links to hacks, or malicious viruses / programs.
(f) Obscene / Vulgar: Language that is an inappropriate reference to human anatomy or bodily functions or is pornographic in nature.
(g) Inappropriate Language: Language that is a mildly inappropriate reference to human anatomy or bodily functions; is otherwise considered objectionable.
(h) Harassing or Defamatory: Language that insultingly refers to other users or groups of people; results in ongoing harassment to other users or groups of people.
(i) Major Religions or Religious Figures: Language that negatively portrays major religions or religious figures.
(j) National: Language that promotes national hatred; that is recognised as national slur; that alludes to symbols of national hatred.
(k) Illegal Drugs or Activities: Language that refers to abusing illegal drugs or to performing illegal activities.
(l) Spamming or Trolling: Excessively communicating the same phrase, similar phrases, or pure gibberish; Creating threads for the sole purpose of causing unrest on the forums; Causing disturbances in forum threads, such as picking fights, making off topic posts that ruin the thread, insulting other posters; Making non-constructive posts.
(m) Creating Duplicate Threads: Creating threads about existing topics; Creating a separate thread about an existing topic for further discussion in more than one forum.
(n) Cross Linking Threads: Linking to threads from other forums; Creating threads with the sole purpose of linking another post.
(o) Advertising: This category includes advertisement of any non-beneficial, non Service related businesses, organisations, or websites.
(p) Your Content must be credited to the author and creator of that content, unless the author and creator is you.
(q) Violation of our Community Guidelines, which you can find at www.wearechildfree.com/community-guidelines.
4. CONTENT OWNERSHIP THROUGHOUT OUR SERVICES
4.1 Ownership and License of Materials. All materials contained in our Services (including, without limitation, text, design, graphics, logos, icons, images, audiovisual clips, downloads, interfaces, code, and software, as well as the selection and arrangement thereof, interview, portfolio photo, if commissioned or created by us), is our property (including its subsidiaries), our licensors’ or of third parties, such as but not limited to materials on websites linked to by the Services or materials by other users of the Services, and is protected by copyright, trademark, and other applicable laws. By default, you may access, copy, download, print, publicly display, and distribute the material contained in our Services for your personal and non-commercial use, unless we expressly grant you either more extensive rights or restrict these rights. Any other use of material contained in the Services, including but not limited to any commercial use, and the modification, distribution, transmission, performance, broadcast, publication, uploading, licensing, reverse engineering, transfer or sale of, or the creation of derivative works from, any content, information, or software obtained from the Services is prohibited.
4.2 We, our licensors and third parties, such as but not limited to websites linked to by the Services or other users of the Services, retain full and complete title to the material provided on the Services, including all associated intellectual property rights, and provide this material to you under a license solely for your use of the Services and which is revocable at any time in our sole discretion. We neither warrant nor represent that your use of materials contained in the Services will not infringe rights of third parties.
You may not use contact information, and any other personal information (as defined here), provided through the Services for unauthorised purposes, including marketing.
4.3 Trademarks. Trademarks, logos, and service marks displayed through Services are our registered and unregistered trademarks, or of our subsidiaries, our licensors or content providers, or of other third parties. All of these trademarks, logos, and service marks are the property of their respective owners. Nothing on this site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo, or service mark displayed on the site without the owner’s prior written permission, except as otherwise described herein.
4.4 Your Content. You are responsible for any communications, images, sounds, or other material and info that you upload or transmit through our Service or transmitted through third party websites to our Service (your “Content”). Unless expressly stated otherwise, the following rules govern our use of your Content.
(a) You grant us, from the time of uploading or transmission of your Content, a worldwide, perpetual, irrevocable, sub-licensable, transferable, assignable, non-exclusive and royalty-free right and license to use, reproduce, distribute, adapt, modify, translate, create derivative works of, publicly perform, publicly display, digitally perform, make, have made, sell, offer for sale and import your Content, including, all copyrights, trademarks, trade secrets, patents, industrial rights and all other intellectual and proprietary rights related thereto, in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise, including, giving your Content to others, without any compensation to you. You waive any moral rights you may have in your Content to the maximum extent permitted by the laws of your jurisdiction.
(b) We reserve the right to modify and moderate your Content. You are aware and acknowledge that your Content that is hosted by third party services (for example, YouTube, Imgur etc.) will not be stored on our hosts but embedded as in-line link. You are aware and acknowledge that your Content will be made publicly available through our websites and other users of the Services will be granted a license to your Content pursuant to Section 4.1 of these Terms of Service.
4.5 Third Party Links. Our Services may contain links to other websites, which may be operated by us or its affiliates or third parties (e.g. Instagram, Linkedin, or other portfolio platforms). We are not responsible for the content of those or any other websites or any products or services that may be offered through those or any other websites. A link to another website does not constitute an endorsement of that site, or of any product or service offered on that website, by us or our licensors. If you encounter a link that does not comply with this Agreement, you are prompted to immediately inform us.
5. PLATFORM TERMS
5.1 Use of Platform. Membership. If you have created an Account you may become a member (“Membership”) of and subscribe to our Platform, which is subject to our review of your Membership application and your payment of the Platform Dues. For the avoidance of doubt, the Account rules set for in Section 2 of these Terms of Service apply to this Section 5.
5.2 Platform Content. Notwithstanding Section 4 of these Terms of Service, you may not copy, share, publicly display, make derivatives of or use in any other form or manner outside of the Platform the Platform Content (see definition below in Section 5.6), this may include, without limitation, any posts, information and stories shared by other users or us, whether via your wall, a member’s profile or in direct messages unless expressly permitted by the member owning and or responsible for that Platform Content.
You and we understand the sensitive nature of the Platform and the Platform Content, and we as well as each member promise to keep the Platform and Platform Content private and confidential to the Platform and the Members, unless expressly stated otherwise in the Agreement.
However, we may share any of your Platform Content with your permission (email or sign up form deemed sufficient). In the event that you grant us permission, you grant us the rights set forth in Section 4 of these Terms of Service.
5.3 Subscription. Refunds. Platform Dues are payable as provided for here www.wearechildfree.com/join, and due at the start of your Membership as well as upon each renewal of your Membership. In the event that your Account or Membership is terminated, either by us or by you, you will not be awarded a refund for Platform Dues, unless expressly provided for elsewhere in the Agreement.
(a) In the event that you have not waived your right to withdraw and you give us notice that you are withdrawing from your subscription within fourteen days of your purchase of the Membership, sent by email to us under email@example.com, we will issue a refund of the payments made. See here for more information on how to give notice to us that you wish to withdraw.
(b) In the event that (i) we terminate your Membership or Account without cause prior to the end of its term, or (ii) you terminate your Account or Membership as set forth in Section 5.4, we will refund Platform Dues paid in advance pro rata for the remaining period of your then terminated Membership.
5.4 Termination. We may terminate your Membership at any time. If we terminate your Account, your Membership will terminate automatically, unless expressly stated otherwise by us.
You may terminate your account with one month’s notice by email to firstname.lastname@example.org, through our Platform or your Account to the end of the term of your Membership. If you are on an auto-renewal Membership, see Section 5.5, you may terminate your Membership at any time with thirty days’ notice.
Any other rights to terminate by you without cause are expressly excluded. Any right to terminate with cause by law is not excluded by the foregoing limitations.
5.5 Renewal. Unless you terminate as per Section 5.4 (this may include an opt out option in your account) or it is agreed upon otherwise, your Membership renews automatically at the end of its term for the same period as subscribe for immediately prior to the renewal.
5.6 Safe Harbor and Take Downs. We are not responsible for any content, material, information, documents, links to third party websites or other content (“Platform Content”) made public through the Platform by you or any other member of the Platform.
In the event that you believe that Platform Content infringes your rights, you may use this form to lodge a complaint, and we will use reasonable efforts to investigate and attend to your complaint.
6. EVENT TERMS
6.1 Tickets and Participation. We may offer in-person, online and/or digital video or audio events, during and through which we share information and content, such as news, education, advice, and stories and material to such content. Any Event that you purchase a ticket for is not for the specific Event, unless expressly agreed upon, but only to an Event of such type and nature, and format and length.
6.2 Cancellation and Refunds. Purchases are final and tickets for events are personal, non-refundable and non-transferable. Other purchase and refund terms are subject to the terms and conditions described here or other platforms through which you have purchased a ticket for an Event.
If an Event is terminated or postponed without reason, and we cannot provide a time and date within a reasonable period of time, but no more than 12 months of the date on the ticket for the occurrence of then Event, for this event or a comparable event to take place, we will issue a refund of the price paid for the ticket. Refunds are subject to your cooperation for a refund, in particular providing payment details within a reasonable time after our announcement of a refund.
If an Event is cancelled without fault of ours, we will use reasonable efforts to provide a replacement.
6.3 Content and Material. The License granted to you in Section 4.1 of these Terms of Service only apply to content, information, and documentation (“Event Content”) shared with and made available to you before, during, or after the Event in connection with the Event if made available and shared with the express purpose of use for your personal use.
Audio, video, and or audio-video recordings or photographs of the Events are expressly prohibited. If you would like to use and or share Event Content, please contact us. You understand, however, that what we may share or make available during the Event personal and sensitive content.
7. SHOP TERMS
7.1 Purchase of Goods. You may, either with an Account or, if available at time of your purchase, as Guest, purchase goods and other items (“Goods”) on display in our Shop. Any Goods displayed are subject to availability and our confirmation of receipt and acceptance of your offer to purchase. Your offer to purchase through our Shop may not be withdrawn prior to our acceptance, but for under the rules for withdrawal for a refund under Section 7.3.
7.2 Security and Collateral (“Eigentumsvorbehalt”). Your Goods will not be processed and fulfilled until fully paid for. In the event that Goods are shipped prior to full payment, we either, as permitted and required by law, retain ownership in the Goods until receipt of full payment or you grant us a security interest in the Goods, which prevails over any other interest, encumbrance, liens, or claims against the Goods. In the event that we have a security interest, you authorize us to submit such documentation with the relevant and respective authorities to perfect the securities on your behalf.
7.3 Refunds. A purchase of Goods is final and non-refundable, unless expressly agreed otherwise or required by law.
You may withdraw from the purchase of the Goods within fourteen days of receipt of the Goods. See here for instructions on your withdrawal. A withdrawal will entitle you to a refund of the purchase price only.
7.4 Gift Card. A gift card (“Gift Card”) and the value or promise inherent in the Gift Card become invalid and we may not honour either upon the third anniversary of the date when the Gift Card was purchased.
8. REPRESENTATIONS, WARRANTIES, DISCLAIMER, INDEMNIFICATION
8.1 Representations and Warranties. You warrant that
(a) you have the full right and power to enter into this Agreement and perform any of the actions mentioned throughout our Services;
(b) you comply with the entire Agreement and, if applicable, any additional agreement;
(c) you comply with all applicable federal, state, and local laws, ordinances, and regulations, as they relate to the Agreement;
(d) you do not undertake any action which infringes third party rights or constitutes a breach of any contractual obligation to a third party, in particular any third party service providers, such as but not limited to social media platforms(i.e. Instagram and Linkedin);
(e) any and all information you submit or communicate to us through our Services is truthful, not false, misleading, inaccurate, or constitutes a deceptive or fraudulent act;
(f) you omit any action designed to interfere with the proper function of any software, hardware, or equipment of ours, such as but not limited to uploading software viruses, malware, code, or programs; and
(g) none of your Content will be subject to any obligation, whether of confidentiality, attribution or otherwise, on our part and we won’t be liable for any use or disclosure of your Content, and that your Content shall not violate any third-party rights; and
(h) you do not undertake any of the following actions: (a) damage or get unauthorised access to any system, data, password, or other information on; (b) impose an unreasonable load on our infrastructure, or on our third-party providers, whereas we reserve the right to determine what’s reasonable; (c) use any kind of software or device, whether it’s manual or automated, to “crawl” or “spider” any part of the Site; (d) take apart or reverse engineer any aspect of the Service, if applicable in an effort to access things like source code, underlying ideas, or algorithms.
8.2 DISCLAIMER. THE PLATFORM, THE SERVICE, AND THE GOODS ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OR REPRESENTATION OF ANY KIND MADE BEYOND THE TERMS AND CONDITIONS OF THE AGREEMENT.
(a) WITHOUT LIMITING THE FOREGOING AND TO THE FULLEST EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, QUALITY, AND/OR FITNESS FOR A PARTICULAR PURPOSE.
(b) TO THE FULLEST EXTENT PERMITTED BY LAW, WITHOUT LIMITING THE FOREGOING, AND IN CONFORMANCE WITH SECTION 9.3, WE DO NOT WARRANT THE ACCURACY, RELIABILITY OR COMPLETENESS OF ANY INFORMATION PROVIDED BY US; THAT THE PLATFORMS AND THE SERVICE ARE NONINFRINGING; THAT ACCESS TO THE PLATFORM AND SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE PLATFORM AND THE SERVICE WILL BE SECURE; THAT THE SERVER THAT MAKES THE PLATFORM AVAILABLE WILL BE VIRUS-FREE. IF YOU DOWNLOAD ANY MATERIALS FROM THE PLATFORM, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIALS. ANY GOODS PURCHASED AND SHIPPED ARE SHIPPED AT YOUR EXPENSE AND RISK.
8.3 LIMITATION OF LIABILITY. IN NO EVENT, AND TO THE FULLEST EXTENT PERMITTED BY LAW, SHALL WE BE LIABLE TO YOU, OR ANY OTHER PERSON OR ENTITY FOR ANY PERSONAL INJURY OR DAMAGES TO PROPERTY, DAMAGES FOR LOSS OF BUSINESS PROFITS OR OTHER PECUNIARY LOSS, INCLUDING ANY DIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR SIMILAR DAMAGES, ARISING OUT OF YOUR OR ANOTHER USERS ACCESS OR USE OF THE WEBSITES OR SERVICE, YOUR USE OF THE WEBSITE, AND SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
WE INSTRUCT YOU THAT IN CERTAIN JURISDICTIONS, THE LAW MAY NOT PERMIT THE LIMITATION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU. IN THE EVENT THAT ALL OR PART OF THE FOREGOING LIMITATIONS DO NOT APPLY TO YOU, OUR LIABILITY IS LIMITED TO OUR GROSS NEGLIGENCE WITH A FULL EXCEPTION FOR DEATH, HEALTH AND BODILY HARM.
8.4 Indemnification. Subject to the terms, conditions, express representations and warranties provided in the Agreement, you agree to indemnify, save and hold us harmless from any and all damages, liabilities, costs, losses or expenses (including reasonable attorneys’ fees and costs) which may be incurred as the result of any claim, suit or proceeding brought or threatened against us (each a “Claim”) based on allegations which are inconsistent with any of your representations and warranties made herein, except in the event any such Claims, damages, liabilities, costs, losses or expenses arise directly as a result of gross negligence or wilful misconduct of us.
8.5 Disclaimer for Health Statements. We and our Services do not provide medical advice. Any and all statements made or opinions given through our Services, whether by us, our guests, users, experts, or other third parties are not medical advice, and we do not take responsibility for any statements and opinions. Therefore, the information and material provided are of general nature only, may not be complete or comprehensive, and are not intended to address the specific circumstances of any particular individual. If you have health problems or need medical counselling or assistance, we advise you to contact your doctor or a specialist at all times. The information and material provided through our Services is in no way a substitute for professional medical advice, diagnosis or treatment.
9.1 Amending this Agreement. This Agreement and this Section 9.1 cannot be modified by you. We may amend this Agreement at any time for the future. An amendment will come into effect with your receipt of our notice of the change and your continuous use of the Services or part of the Services.
9.2 Whole Agreement. This Agreement represents the entire understanding between the parties, superseding all prior and outside agreements between the parties with respect to the subject matter contained herein, unless expressly stated otherwise.
9.3 Assignment. Any rights granted hereunder are intended for the benefit of the parties to this Agreement and shall not be exercisable by any person who is not a party to this Agreement. You may not assign this Agreement; we may freely assign this Agreement without your consent and at our discretion.
9.4 Jurisdiction. Any dispute under the Agreement, and your relationship with us under the Agreement, shall be governed by the laws of Germany without regard to its conflict or choice of laws provisions.
9.5 Severability. If any provision in the Agreement is invalid or unenforceable or contrary to applicable law, such provision shall be construed, limited, or altered, as necessary, to eliminate the invalidity or unenforceability or the conflict with applicable law, and all other provisions of this Agreement shall remain in effect.
9.6 Responsible Party. The following Party is the holder of the Services and responsible for your use and access of the Services pursuant to the terms and conditions of these Terms of Service; and you can reach us at
We are Childfree OÜ
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