1. Basic Terms
These Terms of Service („Terms“) govern your access to and use of our Services, including our websites, email notifications and applications (the „trus.tt Services“) and any information, text, graphics, photos or other materials uploaded, downloaded or appearing on the Services (collectively referred to as „Content“). Your access to and use of the Services are conditioned on your acceptance of and compliance with these Terms. By accessing or using the Services you agree to be bound by these Terms.
You are responsible for your use of the Services, for any Content you post to the Services, and for any consequences thereof. Most Content you submit, post, or display through the trus.tt Services is public by default and will be able to be viewed by other users and through third party services and websites. You should only provide Content that you are comfortable sharing with others under these Terms.
Hint: What you say on the trus.tt Services may be viewed all around the world instantly. You are what you trus.tt!
You may use the Services only if you can form a binding contract with trus.tt and are not a person barred from receiving services under the laws of Germany or other applicable jurisdiction. If you are accepting these Terms and using the Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so. You may use the Services only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations.
The Services that trus.tt provides are always evolving and the form and nature of the Services that trus.tt provides may change from time to time without prior notice to you. In addition, trus.tt may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally and may not be able to provide you with prior notice. We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you.
2. Privacy
Any data that you or other users provide to trus.tt are subject to our Privacy Policy, which regulates collection and usage of your data by trus.tt. By using the Services, you acknowledge that this information is collected and used in accordance with the Privacy Policy. These communications are part of the services and your trus.tt account that you can not unsubscribe from.
3. Passwords
You are responsible for safeguarding the password that you use to access the Services and for any activities or actions under your password. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. trus.tt cannot and will not be liable for any loss or damage arising from your failure to comply with the above.
4. Content on the Services
All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. We may not monitor or control the Content posted via the Services and, we cannot take responsibility for such Content. Any use or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk.
We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse any opinions expressed via the Services. You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will trus.tt be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Services or broadcast elsewhere.
5. Your Rights
You retain your rights to any Content you submit, post or display on or through the Services. By submitting, posting or displaying Content on or through the Services, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods (now known or later developed).
Hint: This license is you authorizing us to make your content provided on trus.tt Services available to the rest of the world and to let others do the same.
You agree that this license includes the right for trus.tt to provide, promote, and improve the Services and to make Content submitted to or through the Services available to other companies, organizations or individuals who partner with trus.tt for the syndication, broadcast, distribution or publication of such Content on other media and services, subject to our terms and conditions for such Content use.
Such additional uses by trus.tt, or other companies, organizations or individuals who partner with trus.tt, may be made with no compensation paid to you with respect to the Content that you submit, post, transmit or otherwise make available through the Services.
We may modify or adapt your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media.
You are responsible for your use of the Services, for any Content you provide, and for any consequences thereof, including the use of your Content by other users and our third party partners. You understand that your Content may be syndicated, broadcast, distributed, or published by our partners and if you do not have the right to submit Content for such use, it may subject you to liability. trus.tt will not be responsible or liable for any use of your Content by trus.tt in accordance with these Terms. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content that you submit.
6. Your License To Use the Services
trus.tt gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software that is provided to you by trus.tt as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by trus.tt, in the manner permitted by these Terms.
7. trus.tt Rights
All right, title, and interest in and to the Services (excluding Content provided by users) are and will remain the exclusive property of trus.tt and its licensors. The Services are protected by copyright, trademark, and other laws of both Germany and foreign countries. Nothing in the Terms gives you a right to use the trus.tt name or any of the trus.tt trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding trus.tt, or the Services is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.
8. Restrictions on Content and Use of the Services
Please review the trus.tt Rules (which are part of these Terms) to better understand what is prohibited on the trus.tt Services. We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any Content on the Services, to suspend or terminate users, and to reclaim usernames without liability to you. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of trus.tt, its users and the public.
Hint: trus.tt does not disclose personally identifying information to third parties except in accordance with our Privacy Policy.
You may not do any of the following while accessing or using the Services: (i) access, tamper with, or use non-public areas of the Services, trus.tt’s computer systems, or the technical delivery systems of trus.tt’s providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by trus.tt (and only pursuant to the applicable terms and conditions), unless you have been specifically allowed to do so in a separate agreement with trus.tt (NOTE: „crawling “ the Services is permissible if done in accordance with the provisions of the robots.txt file, however, „scraping“ the Services without the prior consent of trus.tt is expressly prohibited); (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information; or (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services.
9. Copyright Policy
trus.tt respects the intellectual property rights of others and expects users of the Services to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide us with the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
We reserve the right to remove Content alleged to be infringing without prior notice, at our sole discretion, and without liability to you. In appropriate circumstances, trus.tt will also terminate a user’s account if the user is determined to be a repeat infringer.
10. Ending These Terms
The Terms will continue to apply until terminated by either you or trus.tt as follows:
You may end your legal agreement with trus.tt at any time for any or no reason by requesting to deactivate your accounts and discontinuing your use of the Services. If you stop using the Services without deactivating your accounts, your accounts may be deactivated due to prolonged inactivity under our Inactive Account Policy.
We may suspend or terminate your accounts or cease providing you with all or part of the Services at any time for any or no reason, including, but not limited to, if we reasonably believe: (i) you have violated these Terms or the trus.tt Rules, (ii) you create risk or possible legal exposure for us; or (iii) our provision of the Services to you is no longer commercially viable. We will make reasonable efforts to notify you by the email address associated with your account or the next time you attempt to access your account.
In all such cases, the Terms shall terminate, including, without limitation, your license to use the Services, except that the following sections shall continue to apply: 4, 5, 7, 8, 10, 11, and 12.
Nothing in this section shall affect trus.tt’s rights to change, limit or stop the provision of the Services without prior notice, as provided above in section 1.
11. Disclaimers and Limitations of Liability
Please read this section carefully since it limits the liability of trus.tt and its parents, subsidiaries, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors (collectively, the “trus.tt Entities”). Each of the subsections below only applies up to the maximum extent permitted under applicable law. Some jurisdictions do not allow the disclaimer of implied warranties or the limitation of liability in contracts, and as a result the contents of this section may not apply to you. Nothing in this section is intended to limit any rights you may have which may not be lawfully limited.
A. The Services are Available „AS-IS“
Your access to and use of the Services or any Content are at your own risk. You understand and agree that the Services are provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, to the maximum extent permitted under applicable law, THE trus.tt ENTITIES DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
The trus.tt Entities make no warranty or representation and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Services or any Content; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services or any Content; (iii) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services; and (iv) whether the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from the trus.tt Entities or through the Services, will create any warranty or representation not expressly made hereint.
B. Links
The Services may contain links to third-party websites or resources. You acknowledge and agree that the trus.tt Entities are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by the trus.tt Entities of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
C. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE trus.tt ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.
THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE trus.tt ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
12. General Terms
A. Waiver and Severability
The failure of trus.tt to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.
B. Controlling Law and Jurisdiction
These Terms and any action related thereto will be governed by German law. All claims, legal proceedings or litigation arising in connection with the Services will be brought solely in the federal or state courts located in Munich, Germany, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.
C. Entire Agreement
These Terms, including the trus.tt Rules for the trus.tt Services, and our Privacy Policy are the entire and exclusive agreement between trus.tt and you regarding the Services (excluding any services for which you have a separate agreement with trus.tt that is explicitly in addition or in place of these Terms), and these Terms supersede and replace any prior agreements between trus.tt and you regarding the Services. Other than members of the group of companies of which trus.tt, Inc. is the parent, no other person or company will be third party beneficiaries to the Terms.
We may revise these Terms from time to time, the most current version will always be at trus.tt/terms-of-use. If the revision, in our sole discretion, is material we will notify you via e-mail to the email associated with your account. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.
The trus.tt Rules
Why trus.tt Rules?
We believe that everyone should have the power to create and share ideas and information instantly, without barriers. In order to protect the experience and safety of people who use trus.tt, there are some limitations on the type of content and behavior that we allow. All users must adhere to the policies set forth in the trus.tt Rules. Failure to do so may result in the temporary locking and/or permanent suspension of account(s).
Please note that we may need to change these rules from time to time and reserve the right to do so. The most current version will always be available at trus.tt/terms-of-use.
Content Boundaries and Use of trus.tt
In order to provide the trus.tt service and the ability to communicate and stay connected with others, there are some limitations on the type of content that can be published with trus.tt.
Trademark: We reserve the right to reclaim usernames on behalf of businesses or individuals that hold legal claim or trademark on those usernames. Accounts using business names and/or logos to mislead others may be permanently suspended.
Copyright: We will respond to clear and complete notices of alleged copyright infringement. Our copyright procedures are set forth in the Terms of Service.
Graphic content: You may not use pornographic or excessively violent media in your profile image or header image. When content crosses the line into gratuitous images of death, trus.tt may ask that you remove the content out of respect for the deceased.
Rechtswidrige Nutzung:You may not use our service for any unlawful purposes or in furtherance of illegal activities. International users agree to comply with all local laws regarding online conduct and acceptable content.
Abusive Behavior
We believe in freedom of expression and in speaking truth to power, but that means little as an underlying philosophy if voices are silenced because people are afraid to speak up. In order to ensure that people feel safe expressing diverse opinions and beliefs, we do not tolerate behavior that crosses the line into abuse, including behavior that harasses, intimidates, or uses fear to silence another user’s voice.
Any accounts and related accounts engaging in the activities specified below may be temporarily locked and/or subject to permanent suspension.
Violent threats (direct or indirect)::You may not make threats of violence or promote violence, including threatening or promoting terrorism.
Harassment: You may not incite or engage in the targeted abuse or harassment of others. Some of the factors that we may consider when evaluating abusive behavior include:
- if a primary purpose of the reported account is to harass or create abusive discoveries, comments, sharings or campaigns;
- if the reported behavior is one-sided or includes threats;
- if the reported account is inciting others to harass another account; and
- if the reported account is creating harassing discoveries, comments, sharings or campaigns from multiple accounts.
Hateful conduct: You may not promote violence against or directly attack or threaten other people on the basis of race, ethnicity, national origin, sexual orientation, gender, gender identity, religious affiliation, age, disability, or disease. We also do not allow accounts whose primary purpose is inciting harm towards others on the basis of these categories.
Multiple account abuse: Creating multiple accounts with overlapping uses or in order to evade the temporary or permanent suspension of a separate account is not allowed.
Private information: You may not publish or post other people's private and confidential information, such as credit card numbers, street address, or Social Security/National Identity numbers, without their express authorization and permission. In addition, you may not post intimate photos or videos that were taken or distributed without the subject's consent. Read more about our private information policy here.
Impersonation:You may not impersonate others through the trus.tt service in a manner that is intended to or does mislead, confuse, or deceive others. Read more about our impersonation policy here.
Self-harm: You may encounter someone considering suicide or self harm on trus.tt. When we receive reports that a person is threatening suicide or self harm, we may take a number of steps to assist them, such as reaching out to that person expressing our concern and the concern of other users on trus.tt or providing resources such as contact information for our mental health partners.
Spam
We strive to protect people on trus.tt from technical abuse and spam. Any accounts engaging in the activities specified below may be temporarily locked or subject to permanent suspension.
Username squatting: You may not engage in username squatting. Accounts that are inactive for more than six months may also be removed without further notice. Some of the factors we take into consideration when determining what conduct is considered to be username squatting are:
- the number of accounts created;
- creating accounts for the purpose of preventing others from using those account names;
- creating accounts for the purpose of selling those accounts; and
- using third-party content to update and maintain accounts under the names of those third parties.
Invitation spam: You may not use trus.tt's functionalities to send repeat, mass invitations.
Selling usernames: You may not buy or sell trus.tt usernames.
Malware/Phishing: You may not publish or link to malicious content intended to damage or disrupt another person’s browser or computer or to compromise a person’s privacy.
Spam: You may not use the trus.tt service for the purpose of spamming anyone. What constitutes “spamming” will evolve as we respond to new tricks and tactics by spammers. Some of the factors that we take into account when determining what conduct is considered to be spamming are:
- if you have created a large amount of discoveries, hits, sharings, campaigns or following in a short time period, particularly by automated means
- if you repeatedly create and delete a large amounts of activities, to garner more attention for your profile;
- if a large number of spam complaints have been filed against you;
- if you post duplicate content over multiple accounts or multiple duplicate updates on one account;
- if you add multiple unrelated description or comments to a discovery
- if you repeatedly create false or misleading content;
- if you are randomly or aggressively creating discoveries, hits, sharings, campaigns or following
- if you repeatedly post other people’s account information as your own
- if you post misleading links (e.g. affiliate links, links to malware/clickjacking pages, etc.);
- if you are creating misleading accounts or account interactions;
- if you are selling or purchasing account interactions (such as selling accounts with high competence); and
- if you are using or promoting third-party services or apps that claim to get you more competence for your account.
Accounts created to replace suspended accounts will be permanently suspended.
Accounts under investigation may be removed from search for quality. trus.tt reserves the right to immediately terminate your account without further notice in the event that, in its judgment, you violate these Rules or the Terms of Service.
Effective: January 1st, 2019