General Terms of Use

Paul Karnowka
- YDL Fashion Network -
Albrecht-Achilles Str. 5
10709 Berlin, Germany

-  hereafter referred to as the provider -

1.  Purview

(1)  The provider operates www.ydlfn.com, a portal for creative people in the field of fashion. Designers, stylists, photographers, models and other creatives can register on the platform, use and access the platform’s free and chargeable information and functions, as well as upload content and display an online profile.

(2)  The platform is divided into a free user space and a chargeable user space, the details of which are regulated in a separate Overview of Services. Some of the platform’s areas and functions are only accessible to paying members. The use of the platform for members is only permitted so long as the legal provisions or these terms and conditions are not breached.

(3)  Conditions deviating from these terms and conditions are not valid unless explicitly accepted by the provider.

2.  Service Description

(1)  The provider supplies the technical platform for the operation of the portal www.youngdesignerslounge.com. The goal of the platform is to connect creative people and to act as a mediator to enable clients and contractors to seek, bid for and access project offers.

(2)  The platform can be used to search for project proposals. Certain functions on the platform can be used for free. You can find the details of the chargeable functions and services as well as the prices in the Overview of Services when the contract is concluded.

(3)  The provider is not the contracting party in contracts that are closed between the users after making contact. The fulfillment of contracts which are closed following contact between users takes places exclusively amongst the users.

(4)  The uploading of profiles, project proposals and project searches on the provider’s platform do not represent an offer of any legally binding contracts. The provider’s platform merely offers the possibility of making contact with other users advertising project offers. The closing of contracts amongst users is not possible on the platform itself.

(5)  The use of the platform for members is only permitted so long as the legal provisions or these terms and conditions are not breached.

3. Opening of an Account

(1)  The member is required to open an account in order to use certain functions and services.

(2)  Upon completion of registration, by the acceptance of the general terms and conditions and the activation of the membership by the provider, the users agree to a license agreement between themselves as a member and the provider.

(3)  There is no legal entitlement to opening an account. The provider reserves the right to refuse the conclusion of a contract on an individual case. The provider will inform the user of this immediately.

(4)  Independent contractors with a minimum age of eighteen (18) and any legal entity may register as a user. An authorised representative must complete the registration on behalf of a legal entity.

(5)  The provided data required for the registration must be complete and accurate. Changes to the data supplied must be reported and corrected by the member immediately. This duty applies particularly to businesses or freelancers, as well as to the bankruptcy or liquidation of a company.

4.  Registration / Username

(1)  To become a member, the user chooses a username. This may not consist of a third party copyrighted name. The member is responsible for ensuring that their chosen username does not contravene the rights of a third party, in particular trademarks, copyrights or naming rights.

(2)  During registration, the members must supply all the necessary data in complete and accurate form. The member’s data can be edited on the member profile. The provider cannot verify the validity of the information and is only liable for false or incomplete data from the point of acknowledgement. The provider will investigate indications of false or incomplete member data immediately thereafter.

(3)  Members must treat data confidentially and ensure that it is not accessed by unauthorised third parties. In particular, the disclosure of data to third parties without the consent of the provider is prohibited. If a member is notified of misuse of data or unauthorised use by third parties, he or she is to inform the provider immediately. The user account is non-transferable.

5.  Chargeable Services

(1)  The use of the platform to search for projects proposals is free of charge. Uploading project proposals and project advertisements requires a fee. You can find the details of the chargeable functions and services as well as the prices in the Overview of Services when the contract is concluded.

(2)  The fee-based services will be billed by email as well as in the client’s user profile. Payment is due immediately upon invoicing unless there is a prior agreement. The payment is made via the Paypal services or by bank transfer to the provider’s account.

6.  Length of Contract

(1)  The contract for chargeable services depends on the selected contract period. The contract is automatically extended by the selected time period if the member does not cancel 4 weeks prior to the expiration of the contract. The termination must be in writing and can be made via email or letter.

(2)  The right to exceptional termination remains unaffected for both sides. The provider has justified cause to terminate the contract if a member violates the principles of the platform presented in No. 8, or if a paying member of the contracted services is more than one month in arrears of their invoice.

7.  Closing Contracts Between Members

(1)  Users can publish profiles, project proposals and search for projects on the provider’s platform on the basis of these terms and conditions. Uploading project proposals does not represent a legally binding contract but is merely an unbinding invitation to initiate a contract.

(2)  Members may use the data on the provider’s platform for the purpose of contacting each other. The provider is not the contractual party for contracts between users after initial contact. The processing, fulfillment and completion of contracts between members are not part of the contract between the provider and the member regarding the use of the platform.

8.  Proposal Descriptions and Forbidden Content

(1)  The project proposals should be written correctly and in full. Members are exclusively responsible for uploading project proposals that do not breach legislation, the rights of third parties or good moral conventions.

(2)  The provider expressly points out the legal provisions to combat illegal employment and the protection of minors. Members are responsible for ensuring that jobs do not breach legal regulations and are not concluded having used the platform. The provider also cautions members to comply with the relevant social security and tax requirements of their country of residence.

(3)  Content that breaches criminal, trademark, copyright or competition law is prohibited. This includes:

•  Content which exploits or violates public rights, neighbouring rights or intellectual property rights (trademarks, registered designs and patents)

•  Photos or videos which contravene a third party’s right to their own image and name

•  Subjective criticism, humiliation, dishonor or insults

•  Programs containing viruses or trojans

(4)  Links to the company’s own website and social media profiles are permitted within the users’ profile and individual project descriptions. Links to other websites or services are only permitted by the provider’s agreement. The provider reserves the right to remove links immediately. This particularly refers to links to illegal content or links that violate the rights of third parties.

(5)  Setting up sham or spurious offers which advertise services beyond the ones offered by the provider’s platform are prohibited. Uploading advertising which is not directly related with the contact initiation amongst members – regardless in which format - is not permitted without the explicit agreement of the provider.

9.  Liability of the Provider

(1)  The provider is only liable for damages toward companies if the provider, its’ legal representatives or senior employees commit malice or gross negligence, except in case of contravention of fundamental contractual obligations. The provider is only liable for the intent of other vicarious agents if these fundamental contractual obligations are deliberately or grossly negligently breached.

(2)  The accountability of the provider, his legal representatives and senior employees is, except for in cases of malicious intent and gross misconduct, typically limited to damages in accordance with the contract.

(3)  The above limitations will not apply in the case of acquisition of explicit warranties by the provider as well as for damages resulting from injury to life, body or health.

10.  Liability for Content of Members

(1)  The provider is not liable for the accuracy, quality, completeness, reliability, type and credibility of the content uploaded by members. This content does not represent the opinion of the provider - in particular, the provider does not claim ownership of the members’ content.

(2)  The provider is not liable for the formation, implementation and execution of contracts amongst members. The provider merely provides the platform for the purpose of establishing contacts.

(3)  According to the relevant legal provisions of the Telemedia Act (TMG), service providers are not obligated to monitor the transmitted or stored third party information or to investigate circumstances indicating illegal activity without concrete evidence. Liability for third party content only comes into consideration if the provider is aware of the illegal activity or information.

(4)  After being notified of the abuse of rights by third parties, the provider will block or delete the illegal content and take appropriate action to prevent the violation of the law in the future.

11.  Indemnification

(1)  The members support the provider with the defense of claims by third parties against the provider arising from the member’s content by providing the necessary information for the defense.

(2)  The member is to reimburse the necessary expenses for legal action - in particular the necessary legal and court expenses incurred by the provider through legal claims by third parties arising from the member’s content. This does not apply if the member is not responsible for the infringement.

12.  Granting of Usage Rights

(1)  The members agree to a simple, unlimited, non-transferable, revocable license to publish the content on the provider’s website and on social networks such as but not limited to Facebook, and in the form of print of any scale and media. Any other use of member content by the provider is only by express agreement.

(2)  The provider reserves the right to edit members’ content, for instance by ensuring a unified format for publication. This concerns the content of proposals and appraisals in particular, no matter the format in which they are published. The user expressly agrees to this form of processing and editing of the content on the platform.

13.  Blocking of Accounts and Users

(1)  In cases of concrete indications of a member violating legal provisions and the restrictions mentioned in these terms and conditions, particularly the restraints in No. 8, the provider may terminate the proposals. In case of repeated violations, the provider can exclude a member from participating in or contributing to the platform. In choosing the appropriate measure, the provider considers the justified interests of the affected member, in particular whether the member has caused or acknowledged the breach.

(2)  If a member is permanently blocked, they are not entitled to restore the suspended account and its content. If a member is blocked, this member may not use the provider’s services nor the account under a different user name. The blocked member is also prohibited from registering a new account under a new name.

(3)  In the event of the closure of a member’s account, the member has a right to terminate the license agreement with the provider.

14.  Function Changes and Assumption of Contract

(1)  The provider reserves the right to continuously edit, update, expand, restrict or discontinue individual functions of the platform.

(2)  The provider is entitled to transfer his or her rights and obligations from this contract either completely or partially to a third party with a notice period of four weeks. In this case, the member is entitled to terminate the contract after notification of the contract assumption.

15.  Applicable Law / Jurisdiction

(1)  The law of the Federal Republic of Germany is applicable.

(2)  For all disputes arising from the user contract and terms and conditions, the location of the provider in Berlin shall have exclusive jurisdiction provided that company members constitute a legal entity under public law or a public separate estate.

16.  Changes to the AGB / Final Clause

(1)  The provider reserves the right to change the terms and conditions at any time without providing specific reason. The revised terms will be sent to members no later than 4 weeks before implementing the changed passages. The meaning of the deadline as well as the new terms will be pointed out to the members separately. This includes the legal consequences and revocation rights covered by the changes.

(2)  If the member does not object to the validity of the new terms and conditions within 4 weeks of receipt, the amended terms and conditions shall be considered accepted. Members will be informed of the 4 week deadline in the same email containing the amended terms.

(3)  Should any of the provisions of these terms and conditions become ineffective, the remaining conditions shall remain unaffected.