This Privacy Policy describes how Entity Creative GmbH, Im Tale 37, 20251 Hamburg, Germany (“Entity Creative”, “we”, “us”, “our”) collects, uses, stores, processes, and protects your personal information when you use our website www.entity.eu and all associated subdomains, services, features, and pages (the “Site”). By accessing or using the Site, you consent to the collection, use, and processing of your personal information as described in this Privacy Policy, which forms an integral part of the Terms and Conditions. All matters relating to data protection and the processing of personal information are governed by the laws of the Federal Republic of Germany, including the General Data Protection Regulation (“GDPR”), as well as any other applicable data protection regulations. We collect and process various categories of personal data, including but not limited to your email address, username, password, current occupation (as provided by you), daily rate, services offered (as provided by you), portfolio URL, uploaded portfolio documents (including PDFs or similar files), any additional information you provide during registration, account modification, communication with us, or through the use of our Site and services. We may also process technical data, such as your IP address, browser type, device information, and data relating to your use of the Site, including but not limited to session cookies, authentication tokens, analytics, and performance data necessary for providing our services, securing your account, and optimizing the Site’s functionality. Your personal information will be used exclusively for the purposes of account creation and management, enabling access to restricted Site areas, participation in submission opportunities, contact for operational or marketing purposes, analysis and improvement of our services, security monitoring, fraud prevention, and compliance with legal obligations. If you submit entries, portfolios, or other materials, the data associated with these submissions will be processed and stored indefinitely for the purposes outlined in our Terms and Conditions, including review, evaluation, selection, reward distribution, and archiving. Your personal data may be stored and processed in Germany, within the European Economic Area (EEA), or in other countries outside the EEA, including the United States. By using the Site, you acknowledge and consent to the possible transfer and processing of your personal information in jurisdictions that may not provide the same level of data protection as your home country or the EEA. In such cases, we will take all reasonable and legally required steps to ensure that adequate safeguards are in place, such as entering into EU Standard Contractual Clauses or ensuring that our service providers are certified under frameworks recognized by the European Commission, in order to protect your personal data against unauthorized access, loss, or misuse. We use reputable third-party hosting and technology providers, including but not limited to Heroku and Amazon Web Services (AWS), which may process or store data in the United States or other jurisdictions. Despite differences in data protection laws, we are committed to maintaining the highest possible standards of security and confidentiality for your personal information in all locations. We may share your personal data only with trusted service providers who assist us in hosting, operating, analyzing, or securing the Site, and only to the extent necessary for fulfilling the stated purposes. These third parties are contractually bound to observe strict confidentiality and data protection requirements. We do not sell or lease your data to any third parties. You have the right to request information about your stored personal data, to correct or update any inaccuracies, to restrict or object to the processing of your data, and to request deletion of your account and personal information, subject to legal retention requirements. You may also withdraw your consent to receive marketing emails at any time by following the instructions in such emails or contacting us at contact@entity.eu. Please note that operational and security-related communications are essential for your account and cannot be opted out of as long as your account is active. The Site uses session cookies and similar technologies to manage user authentication, secure your session, monitor technical performance, and analyze user behavior in order to improve our services. By using the Site, you consent to the use of such cookies and tracking technologies. You may adjust your browser settings to limit or block cookies; however, some Site features may not function properly if you do so. This Privacy Policy may be updated or revised from time to time. Any changes will be posted on this page, and your continued use of the Site following such updates constitutes your acceptance of the revised Privacy Policy. For all inquiries regarding data protection, or to exercise your rights under the GDPR or other applicable law, please contact us at contact@entity.eu.
By accessing, browsing, or using the website www.entity.eu or any of its subpages, services, features, or associated domains (hereinafter collectively referred to as the “Site”), or by creating an account, registering, or submitting any material, information, or content to the Site, you acknowledge, represent, and agree that you have read, understood, and are legally bound by these Terms and Conditions of Use (the “Terms”), as well as by the Privacy Policy incorporated herein. You expressly acknowledge that these Terms and all Site-related documentation, communication, support, and legal notices are provided exclusively in the English language and that you voluntarily consent to conduct all matters relating to your use of the Site exclusively in English, with the understanding that no translation or alternative language version will be provided. These Terms apply fully and without limitation to all sections, pages, subdomains, services, and functionalities of the Site, including but not limited to any future or renamed sections, features, or submission opportunities, regardless of their designation or URL. If you do not agree to be bound by every provision of these Terms, or if you are unable to provide legally binding consent to the entirety of these Terms, you must not use the Site and must immediately discontinue all use of the Site and its services. Your continued use of the Site constitutes ongoing acceptance of these Terms, including any future amendments, modifications, or updates as may be made and published by Entity Creative GmbH at its sole discretion.
The provider and operator of the Site is Entity Creative GmbH, a limited liability company incorporated and registered under the laws of the Federal Republic of Germany, with its registered office at Im Tale 37, 20251 Hamburg, Germany, listed with the Handelskammer Hamburg under the direction of Managing Director Jonas Rupert Bolzenius, and identified by VAT number DE368649029. All official correspondence, legal notices, and data protection inquiries should be addressed to contact@entity.eu. For the purpose of these Terms and throughout all related legal documents, the following definitions shall apply: “Entity Creative GmbH”, “Entity Creative”, “we”, “us”, or “our” refer exclusively to the aforementioned company. “You”, “your”, “user”, or “participant” refer to any natural person accessing, registering for, using, or interacting with the Site or any of its services, regardless of the specific subpage or functionality utilized. The term “Site” shall encompass the domain www.entity.eu, all subpages, subdomains, associated platforms, and any future iterations, rebrandings, or changes in designation. The term “Submission” shall refer to any content, material, idea, document, portfolio, file, text, image, creative work, concept, suggestion, communication, or other information submitted, uploaded, transmitted, or otherwise provided by a user to the Site, including all versions, drafts, or updates thereof, whether or not such Submission is visible to other users or to the submitting user after further changes or modifications. The term “Brief”, “Open Brief”, “Challenge”, “Contest”, “Opportunity”, or any similar designation shall refer to any call for creative input, proposal, idea, work, or solution posted by Entity Creative GmbH on the Site, regardless of the name, structure, or intended purpose of such a request, including but not limited to submissions intended for commercial, promotional, or internal purposes. Any reference to “reward”, “prize”, “payment”, “compensation”, or “remuneration” shall mean a discretionary, non-guaranteed financial or non-financial benefit that may be offered by Entity Creative GmbH at its sole and exclusive discretion to users whose Submissions are selected or recognized by the company in accordance with these Terms. Unless otherwise expressly stated, all defined terms apply equally to their plural and singular forms.
In order to create an account, register for access, participate in any aspect of the Site, or submit any content or information, you must be at least eighteen (18) years of age and must also have attained the legal age of majority in both your country of citizenship or permanent residence and in the Federal Republic of Germany, whichever is higher. By registering an account or using the Site, you represent and warrant that you are a natural person acting in your own name and not on behalf of, or as an agent, employee, or representative of, any business, agency, organization, legal entity, or third party. You further represent and warrant that all information you provide during account creation, registration, profile updates, or in any communication with Entity Creative GmbH is true, complete, accurate, and not misleading in any respect, and that you will promptly update any information in the event of any change. The creation of an account, registration for Site access, or use of any Site functionality is strictly prohibited for persons or entities who do not meet these eligibility criteria or who are acting on behalf of a company, competitor, collective, or other organization with the intention to access confidential, proprietary, or competitive information. The sale, transfer, gifting, leasing, licensing, or other means of account or access credential transfer to any third party is strictly forbidden, whether for consideration or without consideration, and whether as part of a business arrangement, private agreement, or any other purpose. You are solely and fully responsible for maintaining the security and confidentiality of your account credentials, including your password, and you acknowledge that any use of your account or access to the Site through your credentials, whether authorized or unauthorized, shall be deemed to have been made by you. In the event that you suspect or become aware of any unauthorized use, access, or disclosure of your account or credentials, you are obligated to notify Entity Creative GmbH immediately and take all reasonable steps to prevent further unauthorized access. You acknowledge and accept that you remain fully liable for all activities and consequences arising from the use of your account, whether such access was intentional, accidental, negligent, or otherwise, and that failure to secure your credentials or to promptly notify us of unauthorized access constitutes a breach of these Terms.
By creating an account, registering, submitting content, or otherwise using the Site, you acknowledge and agree that Entity Creative GmbH will collect, process, and retain a range of personal data and information, including but not limited to your email address, chosen username, current occupation or job title as entered by you, your stated daily rate or freelance compensation expectation, services or skills described in your profile, links to any portfolio or external website you provide, and any files, documents, or portfolio materials you choose to upload, such as but not limited to PDF documents, images, or similar files. In addition to the foregoing, we may collect technical information such as your IP address, browser type, device identifiers, location data, usage statistics, analytics, session cookies, authentication tokens, and any other technical or functional information necessary for Site performance, security, user session management, and improvement of our services. All communications, messages, or data provided by you through forms, profile updates, account modifications, contact with our support team, participation in Briefs, submissions, or any other interaction with Entity Creative GmbH, whether on the Site or via direct correspondence, are subject to collection, processing, retention, and review in accordance with our Privacy Policy and these Terms. You expressly acknowledge and consent that all data, content, or materials you provide, whether during initial registration, profile updates, participation in Briefs, or any other use of the Site, may be stored, processed, and utilized by Entity Creative GmbH for the purpose of account management, performance of contractual obligations, marketing and communication, evaluation of submissions, legal compliance, or any other legitimate business purpose as determined by Entity Creative GmbH. You further acknowledge that any data or materials you provide must be your own original work or information, and you accept full and sole responsibility for the content, accuracy, legality, and appropriateness of all information, files, or submissions made through your account. Any attempt to provide false, misleading, unauthorized, infringing, or unlawful information constitutes a material breach of these Terms and may result in account suspension, deletion, reporting to authorities, or legal action at the sole discretion of Entity Creative GmbH.
By creating an account on the Site, registering for any services, or providing your contact details to Entity Creative GmbH in any form, you expressly consent to being contacted by Entity Creative GmbH via email or other electronic communication channels for all purposes relevant to the operation, maintenance, security, or administration of your account, as well as for notifications regarding updates, submissions, briefings, account changes, system alerts, or any other operational matters deemed necessary by Entity Creative GmbH. In addition to essential operational communications, you expressly agree that Entity Creative GmbH may, at its sole discretion, send you newsletters, marketing communications, promotional offers, invitations to participate in new features, or informational messages about the Site, Entity Creative GmbH’s services, or any affiliated projects or opportunities. You retain the right to withdraw your consent to receive marketing or promotional communications at any time, either by following the unsubscribe instructions included in any such communication or by contacting us directly at contact@entity.eu, and we will promptly process any such request in accordance with applicable law. Notwithstanding any opt-out from marketing or promotional communications, you acknowledge and agree that Entity Creative GmbH retains the right to contact you for essential operational, legal, compliance, or account-related purposes as long as your account remains active or any unresolved matters, including but not limited to payment, legal claims, or ongoing projects, persist. By providing your contact details, you represent and warrant that such information is accurate, current, and owned or controlled solely by you, and that you are not using a false identity, a third party’s contact details, or any method intended to mislead, defraud, or circumvent these Terms. You further acknowledge that Entity Creative GmbH may maintain internal records, including but not limited to a list of users, freelancers, or participants, for the purposes of business administration, legal compliance, and future project engagement, and that your opt-out from marketing communications does not affect your inclusion in operational or administrative records maintained by Entity Creative GmbH in accordance with its legitimate business interests and legal obligations.
By registering an account, gaining access to any restricted or non-public area of the Site, or otherwise receiving information, content, materials, or communications from Entity Creative GmbH that are not expressly designated as public or intended for general disclosure, you unconditionally agree to maintain strict confidentiality with respect to all such information, regardless of the specific section, designation, or functionality through which it is accessed. This confidentiality obligation applies, without limitation, to any and all data, briefs, challenges, submissions, client or project information, business strategies, creative content, specifications, concepts, ideas, technical information, communications, or any other materials made available to you as a consequence of your access to the Site or your participation in any feature, service, or opportunity offered by Entity Creative GmbH. You agree not to copy, record, transmit, distribute, disclose, share, publish, discuss, or otherwise make available, in whole or in part, any confidential information obtained through the Site to any third party, including but not limited to employers, colleagues, clients, business partners, or the general public, whether during your period of registration or at any time thereafter, without the prior express written consent of Entity Creative GmbH. This obligation of confidentiality extends beyond the termination, deletion, or deactivation of your account and remains binding in perpetuity, unless and until such information is expressly and publicly released by Entity Creative GmbH. You further agree not to create accounts, register, or access the Site on behalf of any other person, entity, company, agency, or organization, for any purpose whatsoever, including but not limited to the purpose of testing, investigating, competing with, or gathering information from Entity Creative GmbH or its clients, except with prior written authorization from Entity Creative GmbH. If you are employed by, contracted with, or otherwise affiliated with another organization or business, it is solely your responsibility to ensure that your access to the Site and your receipt of confidential information does not violate any employment contract, policy, code of conduct, or other agreement, whether written or oral, formal or informal, that governs your activities or obligations with such third parties. You acknowledge and agree that any breach, circumvention, or attempted violation of this confidentiality obligation may result in immediate termination of your account, legal action for injunctive relief, damages, or contractual penalties, and may expose you to claims by Entity Creative GmbH or its clients for any losses, damages, or consequences arising from unauthorized disclosure, whether actual, potential, or threatened. You further accept that the confidentiality obligations herein are fundamental to the business operations and reputation of Entity Creative GmbH, and that any breach, regardless of measurable damages, may be subject to substantial contractual penalties and the obligation to indemnify Entity Creative GmbH for any and all resulting harm.
By submitting, uploading, transmitting, or otherwise providing any content, material, information, document, portfolio, file, creative work, concept, idea, draft, update, revision, communication, or other Submission to the Site, regardless of the section, form, or manner in which such Submission is made or subsequently edited, you expressly acknowledge and agree that all such Submissions—including all current, prior, or subsequently modified, updated, or replaced versions, whether visible to you or retained only by Entity Creative GmbH—become the sole and exclusive property of Entity Creative GmbH at the moment of submission and may be retained, reviewed, stored, used, or otherwise exploited by Entity Creative GmbH at its sole discretion, without restriction, limitation, or obligation to provide compensation, acknowledgment, or notification, except as may be expressly stated elsewhere in these Terms. You represent and warrant that each and every Submission is your own original work, that you are the sole and exclusive creator and rights-holder of all content included therein, and that no part of any Submission infringes, violates, misappropriates, or otherwise conflicts with the rights of any third party, including but not limited to copyright, trademark, trade secret, confidentiality, privacy, or contractual rights. You further represent and warrant that no Submission contains material that is unlawful, offensive, defamatory, fraudulent, deceptive, or otherwise contrary to applicable law or the legitimate business interests of Entity Creative GmbH. You acknowledge and accept that, should you edit, replace, or modify a Submission, only the most recent version may be visible to you on the Site; however, all prior versions, drafts, and iterations are retained by Entity Creative GmbH and shall be deemed irrevocably transferred to and owned by Entity Creative GmbH, with all associated rights, privileges, and interests, as set forth in Section 10 of these Terms. You further acknowledge that once submitted, no Submission, version, or related materials may be withdrawn, deleted, or restricted by you, and that Entity Creative GmbH has no obligation to remove, return, or destroy any Submission or material, regardless of your account status or any subsequent action taken by you. You expressly accept that any breach of these representations and warranties, including the submission of materials that are not your own original work or that infringe the rights of others, constitutes a material violation of these Terms and exposes you to legal liability, account suspension, termination, indemnification obligations, and potential claims for damages or contractual penalties by Entity Creative GmbH or any affected third party.
By making any Submission to the Site, you irrevocably assign, transfer, and grant to Entity Creative GmbH, effective immediately upon submission and without any geographic, temporal, or substantive limitation, all present and future rights, title, and interest of every kind and nature, including but not limited to all copyrights, neighboring rights, moral rights (to the fullest extent permitted by law), trademarks, trade secrets, patents, and all other intellectual property and proprietary rights in and to each Submission, as well as to every version, update, modification, or derivative thereof, regardless of whether your Submission is selected, published, displayed, or used by Entity Creative GmbH or any third party. This assignment and transfer is unconditional, irrevocable, and worldwide, and it covers all methods and forms of exploitation, including the right to use, copy, reproduce, display, publish, broadcast, perform, adapt, modify, translate, distribute, sublicense, sell, assign, license, archive, and otherwise exploit or dispose of each Submission and all associated rights for any purpose, whether commercial or non-commercial, now known or hereafter devised, in perpetuity, and in any and all media, formats, and technologies, whether existing or future. You expressly waive, to the extent permitted by law, any and all rights to attribution, integrity, paternity, or objection to derogatory treatment of your Submission, including any moral rights that may otherwise subsist in any jurisdiction. You further acknowledge and agree that Entity Creative GmbH may, at its sole discretion and without any obligation, credit, or compensation to you, make any alterations, edits, deletions, or adaptations of your Submission, combine it with other works, or use it as a basis for future creative or commercial endeavors, without notice or approval. This assignment and transfer of rights is made without any promise, guarantee, or obligation of payment, selection, publication, or use, and it remains effective regardless of your account status or any subsequent change in your relationship with Entity Creative GmbH. You represent and warrant that you have the full legal capacity, power, and authority to make such assignment and transfer, that your Submission is not subject to any encumbrance, lien, claim, or third-party interest, and that you shall defend, indemnify, and hold harmless Entity Creative GmbH against any and all claims, losses, damages, liabilities, costs, or expenses arising from any alleged or actual infringement, misappropriation, or violation of third-party rights relating to your Submission or your participation in any aspect of the Site.
Entity Creative GmbH may, at its sole and exclusive discretion, from time to time, publish or offer on the Site various Briefs, challenges, contests, opportunities, or other calls for submissions in which users may choose to participate by submitting their creative work, ideas, or other materials in accordance with these Terms. The terms, conditions, criteria, and deadlines for participation in any such Brief or opportunity shall be specified on the relevant page or announcement, but in all cases, the evaluation, selection, recognition, or reward of any Submission, as well as the number, type, and value of any prize, reward, payment, or other benefit, shall remain exclusively within the absolute discretion of Entity Creative GmbH. You expressly acknowledge and agree that participation in any Brief or submission opportunity does not entitle you to any compensation, reward, payment, or benefit of any kind unless and until Entity Creative GmbH has, in its sole judgment and by explicit written notification to you, selected your Submission and communicated to you the terms and amount of any reward or benefit. No provision of these Terms, nor any announcement, description, or communication on the Site, shall be construed as a promise, offer, warranty, or guarantee of payment or reward for any Submission, regardless of the content, effort, or quality of such Submission or the number of participants. You further acknowledge that Entity Creative GmbH is under no obligation to select or reward any Submission if, in its sole opinion, none are suitable, acceptable, or in line with its business objectives, or if it determines, for any reason or no reason, that no reward should be given. In cases where multiple similar or substantially identical Submissions are received, you agree that Entity Creative GmbH alone shall determine, at its discretion, which Submission or participant is selected, if any, and its decision shall be final and binding. Any reward, payment, or prize awarded shall be payable only after the selected participant has been notified by Entity Creative GmbH and has provided all information reasonably required for payment processing, including but not limited to valid bank account details and proof of identity, as requested. All payments shall be made by bank transfer or such other method as Entity Creative GmbH may determine, and you are solely responsible for ensuring that you are legally and practically able to receive such payments, including compliance with any local, national, or international laws, regulations, sanctions, insolvency proceedings, or restrictions that may apply. Entity Creative GmbH shall bear no responsibility or liability for any delays, costs, deductions, taxes, fees, or restrictions associated with payment processing, cross-border transfers, currency conversion, or legal limitations affecting you or your account, nor shall Entity Creative GmbH be responsible for any legal, tax, or reporting obligations arising from your receipt of a reward or payment. By participating, you acknowledge and agree that no employment, contract for work, partnership, joint venture, agency, or other legal relationship is created between you and Entity Creative GmbH by virtue of your participation, submission, or receipt of any reward, and that you are solely and fully responsible for any legal, tax, or regulatory consequences resulting from your activities on the Site.
You expressly acknowledge, agree, and understand that your creation of an account, registration, participation in any Brief, challenge, contest, or opportunity, and the submission of any content, material, idea, portfolio, or other work to Entity Creative GmbH or the Site does not create, establish, or imply any form of employment, contract for work, partnership, joint venture, agency, fiduciary relationship, or any other legal relationship between you and Entity Creative GmbH, except as expressly set forth in these Terms. Your use of the Site and participation in any opportunity is entirely voluntary, at your own discretion and risk, and does not entitle you to any compensation, benefit, insurance coverage, guarantee, severance, or other rights or privileges that may be associated with employment or contractual engagement. You acknowledge and accept that Entity Creative GmbH has no obligation or commitment to offer you any position, freelance assignment, further work, or future opportunity, whether related to a Submission or otherwise, regardless of any communication, feedback, or interaction that may occur through the Site or otherwise. If Entity Creative GmbH elects, at its sole discretion, to offer you a separate freelance contract or specific work assignment beyond the scope of these Terms, such engagement shall only be binding if it is made in writing, signed by an authorized representative of Entity Creative GmbH, and subject to a separate, duly executed agreement specifying the terms and conditions of such work. You are solely responsible for determining your own eligibility to participate in any opportunity or to accept any reward, for ensuring that your participation does not violate any agreement, contract, policy, or restriction with any third party (including, but not limited to, your employer or other contractual relationships), and for complying with all applicable laws, regulations, and contractual obligations that may apply to you. In the event you are not legally permitted to participate, submit work, or receive compensation under any applicable law, agreement, or circumstance, you assume all risks and consequences of your participation, and Entity Creative GmbH disclaims all responsibility and liability in this regard.
You hereby acknowledge and agree that you bear sole and absolute responsibility for all activities, communications, Submissions, and actions undertaken through your account or as a result of your use of the Site, regardless of whether such activities were intentional, negligent, reckless, or the consequence of unauthorized access resulting from your failure to safeguard your credentials. You accept full responsibility for ensuring that all information, content, and materials you submit, provide, or communicate to Entity Creative GmbH or through the Site are truthful, lawful, original, and do not infringe, violate, or misappropriate the rights of any third party, including but not limited to copyright, trademark, trade secret, confidentiality, privacy, or contractual rights. You further acknowledge and accept that you are solely responsible for ensuring that your participation in any Brief, challenge, or opportunity, your receipt of any reward or payment, and your use of any confidential information is lawful and does not violate any agreement, policy, or obligation binding upon you, including those imposed by your employer, contractor, or other third party, whether written or unwritten. In the event that your actions, omissions, or Submissions cause, result in, or contribute to any damage, loss, liability, cost, claim, demand, investigation, or proceeding against Entity Creative GmbH or any of its directors, officers, employees, clients, partners, affiliates, or agents, you agree to fully defend, indemnify, and hold harmless Entity Creative GmbH and all related parties from and against any and all claims, demands, losses, damages, liabilities, judgments, costs, and expenses (including, without limitation, reasonable attorney fees and court costs), whether direct or indirect, actual or consequential, arising out of or relating to your use of the Site, your breach of these Terms, your violation of any law or third-party right, or your failure to comply with any representation, warranty, or obligation set forth herein. This indemnification obligation is in addition to, and not in limitation of, any other rights or remedies available to Entity Creative GmbH at law, in equity, or by contract, and shall survive the termination, expiration, or cancellation of your account or your relationship with Entity Creative GmbH.
You expressly acknowledge and agree that the Site, including all its services, features, functionalities, content, and communications, is provided by Entity Creative GmbH on an “as is” and “as available” basis, without any express or implied warranty, guarantee, or representation of any kind, whether statutory, contractual, or otherwise, including, but not limited to, any warranties of merchantability, fitness for a particular purpose, title, non-infringement, security, accuracy, reliability, continuity, accessibility, or availability. Entity Creative GmbH does not warrant or guarantee that the Site will be uninterrupted, error-free, secure, or free of defects, viruses, or harmful components, nor does it guarantee that any functionality, feature, or service will remain available in the future or operate as described. You acknowledge and accept that Entity Creative GmbH reserves the absolute right, at any time and without notice or liability, to suspend, discontinue, modify, or remove any aspect, functionality, or part of the Site, either temporarily or permanently, for any reason or no reason, at its sole discretion. To the maximum extent permitted by law, Entity Creative GmbH disclaims all liability for any direct, indirect, incidental, consequential, punitive, special, exemplary, or other damages, losses, or injuries (including, but not limited to, loss of data, loss of profits, loss of opportunity, loss of reputation, business interruption, or damage to hardware or software) arising out of or in connection with your access to, use of, inability to use, or reliance upon the Site, its services, or any content, communication, or submission, whether such liability is based in contract, tort (including negligence), strict liability, statute, or otherwise, and whether or not Entity Creative GmbH has been advised of the possibility of such damages. This limitation of liability extends to all actions, omissions, and interactions, whether occurring online or offline, and regardless of whether Entity Creative GmbH is deemed to have been negligent or otherwise at fault. Without limiting the generality of the foregoing, you acknowledge and agree that your sole and exclusive remedy for any dissatisfaction with the Site, its services, or these Terms is to discontinue your use of the Site and to close your account. In jurisdictions where the exclusion or limitation of liability for certain types of damages is not permitted by law, Entity Creative GmbH’s liability shall be limited to the fullest extent permitted by applicable law.
You acknowledge and agree that all rights, title, and interest in and to the Site, including but not limited to its overall design, structure, navigation, user interface, visual appearance, codebase, algorithms, features, business model, creative concepts, proprietary processes, documentation, logos, trademarks, service marks, trade names, copyrights, databases, all content or materials developed or provided by Entity Creative GmbH, and all Submissions or contributions made by users and assigned to Entity Creative GmbH in accordance with these Terms, are and shall remain the exclusive property of Entity Creative GmbH and its licensors, and are protected by applicable intellectual property and unfair competition laws in Germany and internationally. You are strictly prohibited from, and you expressly agree not to, copy, imitate, reproduce, modify, adapt, create derivative works from, translate, reverse engineer, decompile, disassemble, attempt to reconstruct, extract, or otherwise misuse, exploit, or appropriate any aspect of the Site, its concept, design, code, or content, in whole or in part, for any purpose whatsoever, including but not limited to the creation of a competing service or the unauthorized use or disclosure of confidential information, business processes, or creative concepts belonging to Entity Creative GmbH. You further agree not to use any robot, spider, scraper, or other automated means or manual process to access, monitor, copy, or harvest any part of the Site or its content without our express prior written consent. Any attempt to copy, misappropriate, or otherwise infringe upon the proprietary rights or business interests of Entity Creative GmbH, including the open briefing process, underlying code, design, or user experience, constitutes a material breach of these Terms and may result in immediate account termination, legal action, the pursuit of all available remedies, and the imposition of contractual penalties or damages as provided herein or under applicable law.
You expressly acknowledge and agree that any breach by you of the confidentiality, non-disclosure, intellectual property, or non-circumvention provisions of these Terms, including but not limited to the unauthorized disclosure, sharing, or exploitation of any information concerning Entity Creative GmbH, its clients, client projects, internal briefings, business models, proprietary processes, or any Submission or material belonging to Entity Creative GmbH, shall entitle Entity Creative GmbH, in addition to any other remedies available under law or equity, to demand and recover from you a contractual penalty (Vertragsstrafe) in the minimum amount of seventy thousand euros (€70,000) per breach, without prejudice to the right of Entity Creative GmbH to claim further actual damages or losses, including but not limited to any consequential, reputational, or business damages, and without the need to demonstrate the precise amount of harm caused by your violation. You further acknowledge and agree that you shall be solely and fully liable for all damages, losses, costs, or liabilities incurred by Entity Creative GmbH or any of its clients, business partners, affiliates, or other third parties as a result of your actions, omissions, or breaches of these Terms, including any damages arising from the unauthorized disclosure or misuse of confidential information, infringement of intellectual property, or any act or omission that leads to a loss of business, reputation, or client relationships for Entity Creative GmbH or its clients. If any damage, claim, or liability arises from your actions and Entity Creative GmbH is held responsible in whole or in part, you agree to fully indemnify, defend, and hold harmless Entity Creative GmbH and all related parties for the entire amount of such damages, costs, and expenses, including, but not limited to, attorney fees, expert costs, and legal expenses. The contractual penalty set forth herein is intended as a genuine pre-estimate of damages for breach of essential obligations and shall not be construed as an exclusive remedy; Entity Creative GmbH expressly reserves the right to pursue additional or alternative remedies, including claims for actual, special, indirect, or punitive damages, and the right to seek injunctive or equitable relief as may be necessary to prevent further harm or unauthorized conduct. You acknowledge that this provision is necessary and reasonable to protect the legitimate interests and business of Entity Creative GmbH, and that the imposition and enforcement of contractual penalties as described herein is valid and enforceable to the maximum extent permitted under applicable law.
These Terms, including the Privacy Policy and any documents, notices, or communications referenced or incorporated herein, as well as all rights, obligations, claims, or disputes arising out of or relating to your use of the Site or your relationship with Entity Creative GmbH, shall be governed exclusively by and construed in accordance with the laws of the Federal Republic of Germany, without regard to any conflict of law principles or the United Nations Convention on Contracts for the International Sale of Goods (CISG). You expressly agree that the exclusive place of jurisdiction for any and all disputes, claims, proceedings, or legal actions arising out of or relating to these Terms, your use of the Site, your Submissions, your relationship with Entity Creative GmbH, or any matter involving the enforcement or interpretation of these Terms shall be the competent courts of Hamburg, Germany, to the exclusion of all other venues, regardless of your country of residence or the location from which you accessed the Site. Nothing in this section shall limit the right of Entity Creative GmbH to seek injunctive, equitable, or interim relief in any court of competent jurisdiction if such relief is deemed necessary to protect its intellectual property, confidential information, business interests, or enforce the provisions of these Terms. You further acknowledge and agree that, to the extent permitted by applicable law, any claim or cause of action against Entity Creative GmbH must be brought within one (1) year after the facts giving rise to the claim first arose, or such claim shall be forever barred, regardless of any statute or law to the contrary. If any provision of these Terms is held to be invalid, unlawful, or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remaining Terms, which shall remain in full force and effect.
Entity Creative GmbH reserves the absolute right, at any time and without prior notice or liability, to modify, amend, update, suspend, discontinue, or terminate any aspect, feature, section, functionality, or service of the Site, including but not limited to the availability of any Brief, opportunity, submission feature, user account, or any other element of the Site or its services, for any reason or no reason, at its sole discretion. Entity Creative GmbH further reserves the right to modify, revise, amend, or replace these Terms, the Privacy Policy, or any referenced documents, in whole or in part, at any time and without prior notice, by posting the updated Terms on the Site or providing other reasonable notice to users. Any such modifications or changes shall become effective immediately upon posting or notification, and your continued access to or use of the Site thereafter shall constitute your express and binding acceptance of the revised Terms. If you do not agree to any change, modification, or update to the Terms, you must immediately discontinue use of the Site and, if applicable, close your account by following the procedures set forth on the Site or by contacting Entity Creative GmbH. Termination, suspension, or deletion of your account, whether by you or by Entity Creative GmbH, shall not affect the validity, enforceability, or continuing effect of any provisions of these Terms that, by their nature or express language, are intended to survive, including but not limited to provisions regarding confidentiality, intellectual property, assignment of rights, indemnification, limitation of liability, contractual penalties, governing law, and dispute resolution. Entity Creative GmbH shall bear no liability to you or to any third party for the exercise of its rights under this section, and you acknowledge and accept that you have no expectation of ongoing access to the Site, your account, or any Site features, and that any rights or privileges granted to you under these Terms are revocable at any time in Entity Creative GmbH’s sole discretion.
These Terms and Conditions, together with the Privacy Policy and any other policies, notices, or documents expressly incorporated by reference herein, constitute the entire, final, and exclusive agreement between you and Entity Creative GmbH with respect to your access to and use of the Site, your account, your Submissions, and your relationship with Entity Creative GmbH, and supersede all prior or contemporaneous agreements, communications, representations, negotiations, or understandings, whether written or oral, relating to the subject matter hereof. No statement, promise, assurance, or undertaking not expressly set forth in these Terms shall be binding or enforceable against Entity Creative GmbH, unless made in a separate written agreement signed by an authorized representative of Entity Creative GmbH. In the event that any provision of these Terms is held to be invalid, illegal, void, or unenforceable by a court or authority of competent jurisdiction, such provision shall be severed from these Terms and the remaining provisions shall remain in full force and effect, with such invalid, illegal, void, or unenforceable provision being replaced by a valid, enforceable provision that most closely reflects the original intent and commercial purpose of the parties, to the maximum extent permitted by law. The failure or delay of Entity Creative GmbH to exercise or enforce any right, remedy, or provision of these Terms at any time shall not be construed as a waiver of such right, remedy, or provision, nor shall any single or partial exercise of any right or remedy preclude any other or further exercise of the same or any other right or remedy.
By registering an account, creating a profile, submitting any content, or otherwise using the Site, and by actively checking the box or taking any similar affirmative action indicating your agreement to these Terms and Conditions and the Privacy Policy, you expressly confirm, represent, and warrant that you have read, fully understood, and voluntarily accept all provisions of these Terms and Conditions and the Privacy Policy in their entirety. You acknowledge that you have had the opportunity to review these documents in detail, to seek independent legal advice if desired, and that you are entering into a legally binding agreement with Entity Creative GmbH by such action. You further acknowledge and accept that it is your sole responsibility to read, comprehend, and remain informed about the most current version of these Terms and Conditions and the Privacy Policy as posted on the Site, and that your continued use of the Site following any modification, revision, or update constitutes your binding acceptance of the revised documents. You expressly waive any right to claim lack of knowledge, misunderstanding, or lack of notice with respect to any provision, requirement, or change to these Terms and Conditions or the Privacy Policy, and you agree that your active acceptance and ongoing use of the Site shall serve as conclusive evidence of your assent to all terms and conditions set forth herein.
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