GENERAL BUSINESS TERMS AND CONDITIONS
1. General (Preface)
The FKC Business Services GmbH, Buchholzer Str. 2, 10437 Berlin, a limited liability company, certificate of registrationg: AG Charlottenburg HRB 132067 B, VAT-ID: DE277156594, CEO: Christoph Jost, (hereinafter “FKC”) exclusively signs contracts which are subject to these General Terms and Conditions (hereinafter “Terms”). The use of FKC Internet platforms (founderskiteclub.com) is subject to these Terms. Any other Terms and Conditions— except those of Amiando (see #4. FKC Events) — are explicitly excluded.
2. Application and Registration on the FKC websites and/or web platforms (founderskiteclub.com)
2.1 Entrepreneurs and companies may apply for participation in events and for a club membership, as well as register as users of the FKC platform. When registering, the user selects a password. The user is obligated to treat this password as confidential. FKC will neither divulge the password to any third party, nor at any time ask the user for the password. The user guarantees that all of the data supplied during registration is accurate.
2.2 Each user may register once only and create only one user profile.
2.3 Technically, FKC cannot determine with certainty whether a logged-on user of the FKC website de facto represents the person/company that the user/the company purports to be. FKC therefore shall not assume any liability whatsoever for the actual identity of a user. Each and every user is solely responsible for personally verifying the authenticity of other users.
2.4 The user commissions FKC to present his/her/its data (profile, see #3.Data Privacy Protection) as a profile within the framework of the different types of account(s) and functions of the platform and to convey the data to other registered users and companies that participate in the platform. Thereby, depending on user input or participation in an event, references will be appended to the profile (for example, but not limited to, associated mentors/judges, team membership). Further, apposite registered users and both registered and non‑registered companies (investors, start-ups) will be ascertained by FKC within the framework of the FKC matchmaking process and profile data for the purpose of establishing contacts will be transferred. The full functionality of the platform will continue to be available to the user after participation in an FKC event.
2.5 FKC is not liable for external links and content entered by users on the platform.
2.6 FKC may close user account(s) at any time without providing any indication of reason(s).
2.7 User(s) promise and guarantee not to post falsehoods, racist, discriminatory, inflammatory or other harmful content.
2.8 From the data either entered or uploaded (for example, but not limited to, pictures, logos, etc.) the user transfers FKC the spatio-temporal unlimited exclusive licensing rights (e.g. for print, web, etc.)
3. Data Privacy Protection
3.1 The user agrees that within the context of his/her/its contract (registration), data (including, but not limited to, information such as surname, first name, date of birth, year of company founding, company name, address, email address, telephone number, websites, country of origin, if applicable: industry, Twitter ID, company/University, LinkedIn ID, Facebook ID, profile picture, etc. — for profile, see #3.) and any other data provided, as well as retrievable public data required by FKC to fulfill the contract, will be saved and further processed through automated support for the following purposes:
- Market research for internal purposes
- Sending information (on/offline, e.g. per email/post)
- Anonymous statistics
- Compilation of publications by FKC
- Automated creation of public online profiles (whereby the FKC website provides features and/or functions)
- Matchmaking — including, but not limited to — (between participants and members, participants and companies), based on data entered by the user (see #3.1)
- Incorporation of personalised third-party overlays superimposed on FKC pages, (including, but not limited to, Facebook, Twitter, etc. see #2.4 Registration)
Further, the customer agrees that publicly retrievable data (e.g. telephone book, etc.) will be collected and merged with data accumulated within the framework of the contract and processed by FKC for the aforementioned purposes. This consent may be revoked at any time per letter, fax or email to FKC.
3.2 At any time, users can view their data on the FKC websites (founderskiteclub.com) or on request and may notify FKC of cancellation per email (email address: email@example.com) (insofar as the data is no longer necessary in order to fulfil the contract).
3.3 The user agrees to receive and/or accept both written and electronic (email, Twitter messages or other) newsletters and other information from FKC.
3.4 Service provider: FKC will provide its data processing using service providers. The customer expressly agrees to the relinquishment and usage of the data collected from users. (see #3 including to service providers based outside of the EEA (European Economic Area) for the purpose of data processing for FKC and respectively, or as the case may be, to service providers with Safe Harbor Certification (seehttp://safeharbor.export.gov/list.aspx). This consent may be revoked per letter, fax or email to FKC. The following service providers outside the EEA participating in the Safe Harbor Certification can be used:
- Facebook, Inc., 1601 Willow Road, Menlo Park, California- 94025 (see http://safeharbor.export.gov/companyinfo.aspx?id=15175)
- Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043 (Safe Harbour certified, see http://safeharbor.export.gov/companyinfo.aspx?id=13346)
- Instagram, Inc., c/o Facebook, Inc., 1601 Willow Road, Menlo Park, California‑ 94025
- KISSmetrics, 407 Morning Lane, Redwood Shores, California- 94065 (see http://safeharbor.export.gov/companyinfo.aspx?id=13163)
- LinkedIn Corporation, 2029 Stierlin Court, Mountain View, California- 94043 (see http://safeharbor.export.gov/companyinfo.aspx?id=15263)
- Mixpanel , 589 Howard St. Floor 4, San Francisco, CA 94105
- Twitter, Inc., 1355 Market Street, Suite 900, San Francisco, California- 94103 (seehttp://safeharbor.export.gov/companyinfo.aspx?id=15209)
- Uservoice Inc, 121 2nd St Fl 4, San Francisco, California- 94105 (see http://safeharbor.export.gov/companyinfo.aspx?id=15508)
- Vimeo, LLC, 555 West 18th Street, New York, New York 10011
- YouTube, LLC, 901 Cherry Ave., San Bruno, CA 94066
4. Events organized by FKC
4.1 All prices shown on the FKC websites exclude VAT.
4.2 Registration for FKC events and ticket sales are carried out through XING EVENTS GmbH, Sandstr. 33, 80335 München (http://de.amiando.com/, hereinafter “Amiando”) Thereby, the terms and conditions to be applied for the subscriber are the Amiando General Business Terms and Conditions, available at http://www.amiando.com/legal/gtc/xing-terms-and-conditions/.
4.2 The registration for an event does not become binding for FKC until the full purchase price of the ticket(s) has been paid. In the case of default, the participant is obliged to provide compensation for default interest and all other procedural and non-procedural costs of recovering the debt incurred.
4.5 In the case of either the event date or location (event venue) being changed, in general tickets remain valid.
4.6 In the case of rescheduling an event, the cardholder’s ticket may be returned by a deadline to be determined by FKC, preferably immediately after the announcement of the new event date. After the deadline has expired, any claims for reimbursement will expire.
4.7 A refund without returning the original ticket is not possible. On returning the ticket, the customer should specify his bank account details and will then receive a refund of the price paid. If the ticket is not returned within the time limit, no refund is possible. Additional claims (e.g. postage, travel expenses, etc.) are excluded.
4.8 In the event of a no-show (the cardholder does not show up at the event), there will be no refund of the ticket price.
4.9 The purchase of tickets for commercial resale is prohibited.
4.10 Discounted tickets are only valid in combination and/or in conjunction with an authorized identification qualifying for discount. This must be presented when purchasing the ticket and shown on request to gain admission to the event venue.
4.11 For the events, participants’ data (see #3.) will be stored on smart cards (NFC cards).
4.12 FKC reserves the right to exclude persons from their events. Any payments made by a person who was decided to be excluded will be refunded by FKC.
5. Recordings during FKC events
Within the framework of FKC events, audio, picture and video recordings of the individual participants and the event will be created free of charge. The participants in these events agree that the recordings and images/photographs submitted by participants, and the unlimited spatio-temporal use can be used free of charge for press reports, advertising posters, calendars, brochures, commercial products and manuals, and on FKC websites and third party websites (e.g. right of use for YouTube, Vimeo, Facebook, etc.) and these rights of use may be given to third parties by FKC, both free of charge and also against payment.
6.1 FKC is not responsible for personal items that are lost or damaged during events.
6.2 Each participant must make provision for their own insurance. There is no coverage either through the organizer and/or FKC.