musterbrand... A member of the otto group

musterbrand... is a global licensing and merchandising company. Our
global vertical integration provides solutions for IP owners that allow
them to not only extend the reach of their brands into the real world
but can also create valuable opportunities for new product categories.

musterbrand... is a member of the Otto Group, a leading trading and
services corporation. We operate a direct to consumer business in all
relevant markets and maintain relations to the leading global retailers.

musterbrand... operates in New York, Tokyo and Hamburg allowing us
to cover all relevant markets.

Terms & Conditions|Imprint

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last updated at 11 October 2010

Please read this Terms and Conditions agreement (the “Agreement”) carefully.

Your use of the Site (as defined below) constitutes your consent to this Agreement.

This Agreement is between you (“you”) and musterbrand… LLC (“Company,” “we,” “us”) concerning your use of the online site currently located at www.musterbrand.com (together with any successor site(s) and all Services (as defined below), the “Site”). We provide Site users with access to community functionality and related content and services (such content and services, collectively, the “Services”).

1. Acceptance of Terms.
By using the Site, you agree to the terms of this Agreement and to any additional rules and guidelines that we post on the Site.

We may make changes to this Agreement from time to time; we may notify you of such changes by any reasonable means, including by posting the revised version of this Agreement on the Site.

You can determine when we last changed this Agreement by referring to the “LAST UPDATED” legend above.

Your use of the Site following changes to this Agreement will constitute your acceptance of those changes; provided, however, any material change to this Agreement shall not apply retroactively to any claim or dispute between you and us in connection with this Agreement that arose prior to the “LAST UPDATED” date applicable to that version of this Agreement in which we included such material change.

We may, at any time, modify or discontinue all or part of the Site; charge, modify or waive fees required to use the Site; or offer opportunities to some or all Site users.

We reserve the right, at any time and from time to time, temporarily or permanently, in whole or in part, to: modify or discontinue the Site, with or without notice; charge fees in connection with the use of the Site; modify and/or waive any fees charged in connection with the Site; and/or offer opportunities to some or all users of the Site.

You agree that neither we nor any of our affiliates (collectively, “Affiliated Entities”) shall be liable to you or to any third party for any modification, suspension or discontinuance of the Site, in whole or in part, or of any Service, content, feature or product offered through the Site.

Your continued use of the Site after such changes will indicate your acceptance of such changes.

2. Jurisdictional Issues.
We are based in, and this Site is operated from, the United States.

In choosing to access the Site, you do so on your own initiative and at your own risk, and you are responsible for complying with all local laws, rules and regulations.

As we are based in the United States, you may be subject to United States export controls and are responsible for any violations of such controls, including any United States embargoes or other federal rules and regulations restricting exports.

We may limit the Site's availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.

3. Information Submitted Through the Site.
Your submission of information through the Site is governed by Company's Privacy Policy, which is located at www.musterbrand.com (the “Privacy Policy”), and which is hereby incorporated into this Agreement by this reference.

Further, to the extent that you submit any information to any third party (for example, including any third party providing services for us in connection with this Site or any Purchases), such third party’s collection, use and disclosure of such information may be governed by its own privacy policy, and not by our Privacy Policy (in any event, we are not responsible for the information collection, usage and disclosure practices of third parties).

You represent and warrant that any information you provide in connection with your use of the Site is and shall remain true, accurate, and complete, and that you will maintain and update such information regularly.

You agree that if any information you provide is false, inaccurate, obsolete or incomplete, we may terminate your use of the Site and/or any of the Services.

4. Rules of Conduct.
While using the Site you will comply with all applicable laws, rules and regulations. In addition, we expect users of the Site to respect the rights and dignity of others.

Your use of the Site is conditioned on your compliance with the rules of conduct set forth in this section; your failure to comply with such rules may result in termination of your access to the Site pursuant to Section 14 below.

You agree that you will not:

• Post, transmit, or otherwise make available, through or in connection with the Site:
o Anything that is or may be (a) threatening, harassing, degrading, hateful or intimidating; (b) defamatory; (c) fraudulent or tortious; (d) obscene, indecent, pornographic or otherwise objectionable; or (e) protected by copyright, trademark, trade secret, right of publicity or other proprietary right without the express prior consent of the owner of such right.
o Any material that would give rise to criminal or civil liability; that encourages conduct that constitutes a criminal offense; or that encourages or provides instructional information about illegal activities or activities such as "hacking," "cracking," or "phreaking."
o Any virus, worm, Trojan horse, Easter egg, time bomb, spyware, or other computer code, file, or program that is harmful or invasive or may or is intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment.
o Any unsolicited or unauthorized advertising, promotional material, "junk mail," "spam," "chain letter," "pyramid scheme" or investment opportunity, or any other form of solicitation.
o Any material, non-public information about a company without the proper authorization to do so.

• Use the Site for any fraudulent or unlawful purpose.

• Use the Site to defame abuse, harass, stalk, threaten or otherwise violate the legal rights of others, including without limitation others\' privacy rights or rights of publicity, or harvest or collect personally identifiable information about other users of the Site.

• Impersonate any person or entity, including without limitation any representative of Company; falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Site; or express or imply that we endorse any statement you make.

• Interfere with or disrupt the operation of the Site or the servers or networks used to make the Site available; or violate any requirements, procedures, policies or regulations of such networks.

• Restrict or inhibit any other person from using the Site (including without limitation by hacking or defacing any portion of the Site).

• Use the Site to advertise or offer to sell or buy any goods or services without Company’s express prior written consent.

• Reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Site.

• Modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Site.

• Remove any copyright, trademark or other proprietary rights notice from the Site or materials originating from the Site.

• Frame or mirror any part of the Site without Company’s express prior written consent.

• Create a database by systematically downloading and storing Site content.

• Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, "scrape," "data mine" or in any way gather Site content or reproduce or circumvent the navigational structure or presentation of the Site without Company’s express prior written consent. Notwithstanding the foregoing, Company grants the operators of public search engines limited revocable permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. Company reserves the right to revoke these exceptions either generally or in specific cases.

Additionally, you acknowledge and agree that you (and not Company) are responsible for obtaining and maintaining all telecommunications, broadband, and computer hardware, equipment, and services needed to access and use the Site, and paying all charges related thereto.

5. Purchases.
Unless we expressly provide otherwise, all purchases made through the Site (each such purchase, a “Purchase”) are subject to our applicable Terms of Sale which are posted on the page applicable to your region (the “Terms of Sale”).Please choose the appropriate webpage for your country and follow the link to the applicable Terms of Sale located at the bottom of such webpage.

6. Registration; User Names and Passwords.
You may need to register to use any part(s) of the Site. We may reject, or require that you change, any user name, password or other information that you provide to us in registering. Your user name and password are for your personal use only and should be kept confidential; you are responsible for any use of your user name and password (including, without limitation, all Transactions (as defined below)), and you agree to promptly notify us of any confidentiality breach or unauthorized use of your user name and password, or your Site account.

7. Submissions.
a. Generally: The Site may contain areas where you can post information and materials, including, without limitation, product reviews, text, links and other materials (each, a “Submission”). For purposes of clarity, you retain ownership of any Submissions that you post, subject to the terms and conditions of this Agreement (including the license grant below).

b. License Grant: For each Submission that you post, you hereby grant to us a world-wide, royalty-free, fully paid-up, non-exclusive, perpetual, irrevocable, transferable, and fully sublicensable (through multiple tiers) license, without additional consideration to you or any third party, to: (i) reproduce, distribute, transmit, communicate to the public, perform and display (publicly or otherwise), edit, modify, adapt, create derivative works from and otherwise use such Submission, in any format or media now known or hereafter developed, on or in connection with the Site or any of our services or products (including, without limitation, any websites); (ii) exercise all trademark, publicity and other proprietary rights with regard to such Submission; and (iii) use your Submission (including the contents thereof) for promotional purposes related to the Site or any of our services or products. You hereby acknowledge and agree that you are not entitled to, and we are not obligated to provide, any compensation for any use or other exploitation of such Submission by us or any other party. IF YOU DO NOT WISH TO GRANT THE RIGHTS GRANTED HEREIN, PLEASE DO NOT POST ANY SUBMISSIONS ON THE SITE.

c. Disclaimers: It is possible that Site visitors will post information or materials on the Site that are wrong or misleading or that otherwise violate this Agreement. We or our Affiliated Entities do not endorse and are not responsible for any information or materials made available through the Site or your use of such information or materials. All Submissions will be deemed to be non-confidential and may be used by us (i) on an unrestricted basis and (ii) without attribution to you or any third party. We reserve the right, in our sole discretion and at any time, to set limits on the number and size of any Submissions that may be posted on the Site or the amount of storage space available for Submissions.

d. Representations and Warranties: You hereby represent and warrant that (i) you have the legal right and authority to enter into this Agreement; (ii) you solely own, or otherwise have the full right and permission to exploit, all of the rights in, to, and under any Submission that you post and to grant the rights and licenses set forth herein, and with respect to any third party materials that appear in or are otherwise incorporated or embodied any Submission that you post, you have obtained express, written clearances from all owners of and rights holders in such third party materials as necessary to grant the rights and licenses set forth herein; (iii) you have obtained the written consent, release, and/or permission of every identifiable individual who appears in any Submission that you post, to use such individual’s name and likeness for purposes of using and otherwise exploiting such Submission(s) in the manner contemplated by Agreement, or, if any such identifiable individual is under the age of eighteen (18), you have obtained such written consent, release and/or permission from such individual’s parent or guardian (and you agree to provide to us a copy of any such consents, releases and/or permissions upon our request); (iv) any Submission that you post, and the use thereof by us and our designees do not and shall not infringe upon or violate any patent, copyright, trademark, trade secret, or other intellectual property rights or other rights of any third party; and (v) any Submission that you post is not confidential and does not contain any confidential information.

e. No Obligation to Use: For the purpose of clarification, it shall be in our sole discretion whether or not to exercise any right granted to us under this Agreement, and we shall have no obligation to use or otherwise exploit any Submission.

8. Monitoring.
You acknowledge and agree that we reserve the right (but have no obligation) to do any or all of the following, at our discretion: (a) monitor, evaluate or alter Submissions before or after they appear on the Site (including, without limitation, through the use of automated filtering software); (b) seek to verify that all rights, consents, releases and permissions in or relating to such Submission have been obtained by you in accordance with your representations above; (c) refuse, reject or remove any Submission at any time or for any reason (including, without limitation, through the use of automated filtering software or if we determine, in our sole discretion, that all rights, consents, releases and permissions have not been obtained by you despite your representations above); and (d) otherwise monitor use of and access to the Site.

9. Company's Proprietary Rights.
We, the Affiliated Entities, and our and their respective licensors and suppliers own the information and materials made available through the Site. Such information and materials are protected by copyright, trademark, patent and/or other proprietary rights and laws. Except as expressly authorized in advance by us, you agree not to reproduce, modify, rent, lease, loan, sell, distribute or create derivative works based on, all or any part of the Site or any information or materials made available through the Site.

We, the Affiliated Entities and/or our and their respective licensors or suppliers own the trade names, trademarks and service marks on the Site and any associated logos. All trademarks and service marks on the Site not owned by us, the Affiliated Entities and/or our and their respective licensors or suppliers are the property of their respective owners. You may not use our trade names, trademarks and service marks in connection with any product or service that is not ours, or in any manner that is likely to cause confusion. Nothing contained on the Site should be construed as granting any license or right to use any trade names, trademarks or service marks without express prior written consent of the owner.

PLEASE NOTE THAT UNAUTHORIZED USE OF THE SITE AND ANY SERVICES, INCLUDING, WITHOUT LIMITATION, ANY SOFTWARE USED BY THE SITE, MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, (INCLUDING, WITHOUT LIMITATION, POSSIBLE MONETARY DAMAGES), INCLUDING, WITHOUT LIMITATION, FOR COPYRIGHT INFRINGEMENT.

10. Links.
The Site may provide links to or feeds from other web sites and online resources. We and our Affiliates are not responsible for and do not endorse such external sites or resources. Other sites may link to the Site with or without our authorization, and we may block any links to or from the Site. YOUR ACCESS TO AND USE OF THIRD PARTY WEB SITES, CONTENT AND RESOURCES IS AT YOUR OWN RISK.

11. Promotions.
In addition to the terms and conditions of this Agreement, any contests, sweepstakes, surveys, games or similar promotions (collectively, "Promotions") made available through the Site may be governed by specific rules that are separate from this Agreement. By participating in any such Promotion, you will become subject to those rules, which may vary from the terms and conditions set forth herein. Company urges you to review any specific rules applicable to a particular Promotion, which will be linked from such Promotion, and to review our Privacy Policy which, in addition to this Agreement, governs any information you submit in connection with such activities. To the extent that the terms and conditions of such rules conflict with this Agreement, the terms and conditions of such rules shall control.

12. Third Party Applications.
The Site may include software applications and services (or links thereto) that are made available by our licensors, marketing partners, service providers, or other third parties (“Third Party Applications”). Because we do not control Third Party Applications, you agree that neither we nor our Affiliated Entities are responsible or liable for any Third Party Applications, including the performance, accuracy, integrity, quality, legality, usefulness, or safety of, or intellectual property rights relating to, Third Party Applications or their use. We have no obligation to monitor Third Party Applications, and we may remove or restrict access to any Third Party Applications (in whole or part) from the Site at any time. The availability of Third Party Applications on the Site does not imply our endorsement of, or our affiliation with any third party provider of, such Third Party Applications. Further, your use of Third Party Applications may be governed by additional terms and conditions that are not set forth in this Agreement or our Privacy Policy (for example, terms and conditions that are made available by third party providers themselves in connection with Third Party Applications).

This Agreement does not create any legal relationship between you and third party providers with respect to Third Party Applications, and nothing in this Agreement shall be deemed to be a representation or warranty by us, or any of our Affiliated Entities, with respect to any Third Party Application.

13. Third Party Content.
The Site may incorporate certain functionality that allows the routing and transmission of, and online access to, certain digital communications and content made available by third parties (“Third Party Content”). By using such Site functionality, you acknowledge and agree that you are directing us to access and transmit to you Third Party Content associated with such functionality. Because we do not control Third Party Content, you agree that we are neither responsible nor liable for any Third Party Content, including the accuracy, integrity, quality, legality, usefulness, or safety of, or intellectual property rights relating to, Third Party Content. We have no obligation to monitor Third Party Content, and we may block or disable access to any Third Party Content (in whole or part) via the Site at any time. Your access to or receipt of Third Party Content via the Site does not imply our endorsement of, or our affiliation with any provider of, such Third Party Content. Further, your use of Third Party Content may be governed by additional terms and conditions that are not set forth in this Agreement or our Privacy Policy (for example, terms and conditions that are made available by the providers of such Third Party Content). This Agreement does not create any legal relationship between you and the providers of such Third Party Content with respect to such Third Party Content, and nothing in this Agreement shall be deemed to be a representation or warranty by us, or any of our Affiliated Entities, with respect to any Third Party Content.

14. Disclaimer of Warranties.
EXCEPT AS PROHIBITED BY APPLICBLE LAW, THE SITE IS MADE AVAILABLE TO YOU “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY. YOU AGREE THAT YOU MUST EVALUATE ALL RISKS ASSOCIATED WITH THE USE OF THE SITE, INCLUDING WITHOUT LIMITATION, ANY RELIANCE ON THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY MATERIALS AVAILABLE THROUGH THE SITE. COMPANY, THE AFFILIATED ENTITIES AND ITS AND THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, AFFILIATES, AGENTS, REPRESENTATIVES, LICENSORS, SUPPLIERS AND SERVICE PROVIDERS DISCLAIM ALL WARRANTIES WITH RESPECT TO THE SITE AND ANY SERVICES (INCLUDING WITHOUT LIMITATION, THIRD PARTY SERVICES) OBTAINED THROUGH THE SITE, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW.

15. LIMITATION OF LIABILITY.
COMPANY, THE AFFILIATED ENTITIES AND ITS AND THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, AFFILIATES, AGENTS, REPRESENTATIVES, LICENSORS, SUPPLIERS AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, USE, DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF INFORMATION YOU HAVE PROVIDED IN CONNECTION WITH YOUR USE OF THE SITE, OR UNAUTHORIZED INTERCEPTION OF ANY SUCH INFORMATION BY THIRD PARTIES, EVEN IF ADVISED IN ADVANCE OF SUCH DAMAGES OR LOSSES. THE MAXIMUM LIABILITY OF COMPANY FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR OTHERWISE, SHALL BE THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO COMPANY TO ACCESS AND USE THE SITE.

Notwithstanding the previous paragraph, nothing in this Agreement shall exclude or limit our liability (a) to the extent damages arise from our or our representatives’ or agents’ intentional or grossly negligent conduct, (b) for death or personal injury or damage to property caused by our defective products, (c) for death or personal injury caused by our or our representatives’ or agents’ negligence, or (d) to the extent our liability cannot validly be excluded under applicable law.

While we try to maintain the integrity and security of the Site and the servers from which the Site is operated, we do not guarantee that the Site will be or remain secure, complete or correct, or that access to the Site will be uninterrupted. The Site may include inaccuracies, errors and materials that violate or conflict with this Agreement. Additionally, third parties may make unauthorized alterations to the Site. If you become aware of any unauthorized third party alteration to the Site, contact us at serviceUK@musterbrand.com with a description of the material(s) at issue and the URL or location on the Site where such material(s) appear.

16. Indemnity.
You agree to defend, indemnify and hold harmless Company, the Affiliated Entities and its and their respective employees, officers, directors, shareholders, affiliates, agents, representatives, licensors, suppliers and service providers, from and against all claims, losses, costs and expenses (including attorneys fees) arising out of (a) your use of the Site; or (b) any violation of this Agreement by you.

17. Termination.
This Agreement is effective until terminated. Company, in its sole discretion, may terminate your access to or use of the Site, at any time and for any reason, including if Company believes that you have violated or acted inconsistently with the letter or spirit of this Agreement. Upon any such termination, your right to use the Site will immediately cease. You agree that any termination of your access to or use of the Site may be effected without prior notice, and that Company may immediately deactivate or delete your password and user name, and all related information and files associated with it, and/or bar any further access to such information or files. You agree that Company and the Affiliated Entities shall not be liable to you or any third party for any termination of your access to the Site or to any such information or files, and shall not be required to make such information or files available to you after any such termination. Sections 2, 8-9 11-15, and 19-20 shall survive any expiration or termination of this Agreement.

18. Governing Law; Jurisdiction.
This Agreement is governed by and shall be construed in accordance with the laws of the State of New York, USA, without regard to its principles of conflicts of law. To the extent permitted by applicable law, you agree to exclusive jurisdiction of the federal and state courts located in the State of New York, U.S.A., and waive any jurisdictional, venue or inconvenient forum objections to such courts. Notwithstanding the foregoing, any Purchases you make through the Site are governed by the applicable Terms of Sale and the law designated therein.

19. Contact Us.
If you have any questions regarding the meaning or application of this Agreement, please direct such questions to info@musterbrand.com. Please note that e-mail communications will not necessarily be secure; accordingly you should not include credit card information or other sensitive information in your e-mail correspondence with us. Our physical address and other information about us can be found by following the “About us” or “Contact” link found at the bottom of the Site(s).

20. Electronic Communications.
When you visit the Site, place an order, or send e-mails to us, you are communicating with us electronically. For contractual purposes, you consent to receive communications electronically from us and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. This condition does not affect your statutory rights related to electronic communications.

21. Filtering.
Pursuant to 47 U.S.C. Section 230(d), as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available on the two web sites GetNetWise (http://kids.getnetwise.org/) and OnGuard Online (http://onguardonline.gov/). Please note that Company does not endorse any of the products or services listed at such site.

22. Notice for California Residents.
Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Site, please send an e-mail to info@musterbrand.com. You may also contact us by writing to:

musterbrand... LLC
489, 5th Avenue
New York, NY 10017
USA

California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at +1 (916) 445-1254 or +1 (800) 952-5210.

23. Ability to Enter Into This Agreement.
By using the Site, you affirm that you are of legal age to enter into this Agreement or, if you are not, that you have obtained parental or guardian consent to enter into this Agreement.

24. Miscellaneous.
This Agreement does not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and Company. If any provision of this Agreement is found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provision. You may not assign, transfer or sublicense any or all of your rights or obligations under this Agreement without our express prior written consent. We may assign, transfer or sublicense any or all of our rights or obligations under this Agreement without restriction.

No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof.

This Agreement hereby incorporates by this reference any additional terms that we post on the Site (including, without limitation, our Privacy Policy and Terms of Sale) and, except as otherwise expressly stated herein, this Agreement is the entire Agreement between you and us relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and us relating to such subject matter. Notices to you may be made via posting to the Site, by e-mail, or by regular mail, in Company's discretion. The Site may also provide notices of changes to this Agreement or other matters by displaying such notices or by providing links to such notices. Without limitation, you agree that a printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Company will not be responsible for failures to fulfill any obligations due to causes beyond its control.

You may print or save a copy of this Agreement.

Site © 2010 musterbrand… LLC unless otherwise noted. All rights reserved.

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musterbrand... LLC
489, 5th Avenue
New York, NY 10017
USA

musterbrand... LLC is a registered Delaware limited liability company (file no. 4846818)

Phone +1 212 286 0240
Fax +1 212 286 0244
Mail info@musterbrand.com

A member of the

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