Terms of Service

Provider Information (Impressumspflicht gem. § 5 ECG):

FOOH.com is operated by:

FOOH FlexCo
Walling 12,
4300 St. Valentin,
Austria

Email:hello[ät]fooh.com
Company Registration Number (Firmenbuchnummer): FN 649844 d
VAT Identification Number (UID-Nummer): ATU81952601

According to § 5 E-Commerce-Gesetz (ECG), this constitutes the mandatory provider information (Impressumspflicht).

1. Scope, Applicability, and Contract Language

1.1 These General Terms and Conditions (AGB) govern the use of the website FOOH.com and all related free and paid services offered by FOOH FlexCo (hereinafter “FOOH”) to its users.

1.2 Users are primarily business entities (Unternehmer) such as Agencies and Freelancers. If users are consumers (Verbraucher) according to the Austrian Consumer Protection Act (KSchG), specific consumer rights mentioned herein or mandated by law apply.

1.3 By registering or using the services, the user agrees to these T&Cs. Deviating user terms are not accepted unless expressly agreed upon in writing.

1.4 The contract language is English.

1.5 These Terms and Conditions comply with Austrian law, in particular with the provisions of the E-Commerce Act (E-Commerce-Gesetz, ECG), the Distance Selling Act (Fern- und Auswärtsgeschäfte-Gesetz, FAGG), the Consumer Protection Act (Konsumentenschutzgesetz, KSchG), and the General Civil Code (Allgemeines Bürgerliches Gesetzbuch, ABGB), as applicable.

1.6 These Terms and Conditions constitute a framework agreement that governs all contractual relationships between FOOH and its users.

2. Services Offered FOOH offers the following services:

2.1 Free Services:

a. Browse the curated “FOOH Library” of videos.

b. Claiming creative work displayed in the library, subject to validation by FOOH, resulting in free crediting on the work’s page. Users can request corrections to credits.

2.2 Paid Services:

a. Profile Page: A subscribable profile page for portfolio, texts, and contact details.

b. Paid Placements: Custom placements (logos, texts, articles) on the website, newsletter and/ or blog, subject to individual offer and agreement via email.

c. FOOH Award Participation: Registration for the FOOH Award allows users to submit works based on the selected fee package displayed on the ordering page. Each fee package clearly indicates the number of eligible submissions (single or multiple works). The award process includes shortlisting by a jury and public voting for final rankings. Registration fees cover submission evaluation only and do not guarantee shortlisting or winning an award.

3. Registration, User Account, User Obligations, and Submission Rules

3.1 Registration may be required for certain services (e.g., Award submission, claiming work, voting for awards). Users must provide accurate and complete information and keep it updated. In accordance with § 9 E-Commerce-Gesetz (ECG), FOOH will make these Terms and Conditions available in a reproducible form that can be stored and printed by users. Technical steps to conclude a contract are clearly indicated during the registration process.

3.2 Users are responsible for maintaining the confidentiality of their account credentials.

3.3 Claiming Work: When claiming work, users assert they have the right to do so and provide necessary information for validation. FOOH validates claims before granting credit.

3.4 User Conduct: Users agree not to:

a. Misuse the platform or submit false information

b. Infringe third-party rights (especially intellectual property)

c. Upload illegal, defamatory, or infringing content

d. Disrupt the service

e. Submit work created by others without authorization or proper credit

f. Spam comments or use the platform for unsolicited advertising

g. Misrepresent credentials or portfolio work on profile pages

3.5 User-Generated Content (UGC): For any content submitted (e.g., award submissions, profile information, claims), the user grants FOOH a non-exclusive, worldwide, royalty-free license to use, display, reproduce, and distribute the content on FOOH.com and for related promotional activities. The user warrants they hold all necessary rights to grant this license and that the content does not violate any laws or third-party rights.

3.6 Submission Eligibility and Content Requirements:

a. Type of Work Accepted:

1. Fake Out Of Home content typically blends real-world footage with computer-generated imagery (CGI) to create surprising, surreal, or hyper-realistic moments. We accept short-form video content ranging from 5 to 30 seconds, usually featuring 1–5 scenes. While a user-generated content (UGC) style is common, polished or cinematic styles are also welcome, as long as the work maintains the playful, imaginative spirit of Fake Out Of Home.
2. Digital Out Of Home (DOOH) or 3D Digital Out Of Home (3D DOOH) content. DOOH work includes digital video or animated content created for public screens, billboards, or installations. 3D DOOH typically uses visual illusions to create depth, scale, or interaction with the physical environment. We accept short- or mid-form video content (5 to 30 seconds). Both photorealistic and stylized approaches are welcome, as long as the work highlights creativity, innovation, and inherits 3D elements.

b. Publication/Launch Date:

For Library Submissions: Works submitted to the FOOH Library for general display and crediting have no time restrictions regarding their creation or publication date.

For Award Submissions: Works entered into the FOOH Award competition must have been created within the calendar year prior to the award year for which they are submitted (e.g., work submitted for the 2025 Award must have been created in 2024, work for the 2026 Award must have been created in 2025, and so on)."

c. Content Originality: All submitted work must be original or the submitter must have secured all necessary rights and permissions for any elements used in the submission. The submitter guarantees that they possess all required rights to the submitted content and that the submission does not violate any third-party rights, particularly copyright (Urheberrecht), trademark rights (Markenrechte), or personal rights (Persönlichkeitsrechte).

d. Prohibited Content: Submission of illegal, defamatory, or infringing content is strictly prohibited. In particular, content that violates Austrian law, including but not limited to content prohibited under the Austrian Criminal Code (Strafgesetzbuch - StGB), the Prohibition Act (Verbotsgesetz), or data protection laws (Datenschutzgesetz - DSG) is not permitted.

3.7 Submission Process:

a. Submitters will be notified about their submission status through email. Users must ensure they have access to the email address provided during submission.

3.8 FOOH reserves the right to remove content or suspend/terminate accounts for breaches of these terms, following appropriate warnings where applicable by law.

4. Conclusion of Contract, Pricing, Payment, and Award Process

4.1 Contracts for paid services are concluded upon successful registration/order and payment confirmation. For placements, the contract is formed upon acceptance of FOOH’s offer.

4.2 Pricing: All prices for services are clearly displayed on the respective checkout pages for each service (Award registration, Profile subscription, etc.). Each checkout page explicitly indicates whether the displayed prices include Value Added Tax (VAT/Umsatzsteuer) or if VAT will be added during the payment process. The applicable VAT rate is determined based on the user’s location and current Austrian tax regulations. For custom services such as paid placements, pricing will be provided in individual written offers that similarly specify VAT treatment.

4.3 Payment Methods: Users must ensure sufficient funds and authorization.

4.4 Billing Cycles & Auto-Renewal:
Award registration involves a one-time payment for the chosen amount of entries. This service is not subject to automatic renewal. Profile pages or other subscriptions may have different billing cycles as specified during purchase.

In general users will be notified at least 4 weeks in advance of a renewal date. The renewal price, and the users right to cancel the renewal before it occurs, is according to Austrian law (§ 6 Abs 1 Z 2 KSchG). The notification will be sent via email to the user’s registered email address. Users may cancel the auto-renewal at any time before the renewal date by sending an email to the contact address specified in the provider information section or through their account settings on the website.

4.5 Award Process

a. Timelines for the award process will be according to the schedule displayed on the dedicated award page.

The award process follows a phased approach:

Phase 1 - Selection of qualified Nominees

Phase 2 - Shortlisting by FOOH Team - (see 4.5.b.)

Phase 3 - Top 10 & public vote

b. Judging Criteria: Submissions will be shortlisted by an independent jury based on creativity, execution, strategic relevance, and overall quality relevant to the FOOH-concept. Based on the same criteria + FOOH Impact Score the jury will whittle down nominations to the top 10, with final ranking decided by public vote.

c. Voting Integrity: Any attempt to manipulate the public voting process through fraudulent means (including, but not limited to, the use of bots, vote farms, vote exchange schemes, or coercion) is strictly prohibited and may result in disqualification of the relevant submission(s) and potential account termination.

d. Jury Selection and Contingencies: FOOH will appoint an independent jury of industry experts to evaluate submissions. In the event that the planned jury cannot be assembled or is insufficient in number, FOOH reserves the right to:

1. Appoint alternative qualified jurors;
2. Modify the jury composition;
3. In exceptional circumstances, have the FOOH team act as jury if necessary to maintain the award timeline;
4. Adjust the judging process while maintaining fair evaluation standards.

e. Submission Volume and Category Adjustments:

1. FOOH reserves the right to adjust the number of shortlisted entries based on submission volume and quality. While the standard is 10 shortlisted entries per category, this may be reduced to a minimum of 5 entries per category if the number or quality of submissions necessitates this change.
2. Categories receiving fewer than 10 qualified submissions may be subject to a proportional reduction in shortlisted entries.
3. Categories receiving fewer than 5 qualified submissions may be:
   1. Combined with related categories;
   2. Suspended for the current award cycle (with submission fees refunded or transferred to another category at the submitter’s choice);
   3. Maintained as planned if the quality of submissions warrants proceeding.
4. FOOH reserves the right to cancel the entire award cycle if the total number of submissions across all categories is insufficient to maintain the integrity and prestige of the awards. In such case, all submission fees would be refunded.

f. Award Judging Process Modifications:

1. FOOH reserves the right to modify the judging process if circumstances require, including but not limited to:
   1. Extending submission, judging, or voting periods;
   2. Adjusting category definitions or evaluation criteria;
   3. Implementing alternative voting mechanisms if technical issues arise;
   4. Replacing public voting with jury selection in case of voting integrity concerns.
2. Any modifications to the judging process will be communicated to participants via email and the FOOH website.

g. Award Results and Disputes:

1. All judging decisions are final and binding.
2. In case of a tie in public voting, the jury’s evaluation will serve as the tiebreaker.
3. FOOH reserves the right to disqualify any submission at any stage if evidence emerges that the submission violates these Terms & Conditions, particularly regarding originality, prohibited content, or voting integrity.
4. Disputes regarding award results must be submitted in writing within 7 days of the announcement. FOOH will review disputes based on documented evidence only.

4.6 Refund Policy for Submissions:

a. General Submissions: Currently, submissions are free of charge. However, we reserve the right to introduce submission fees in the future. If fees are introduced, all future payments will be final and non-refundable. Any exceptions, will be handled individually.

b. Award Submissions: Fees paid for FOOH Award submissions are final and non-refundable, regardless of whether a submission is shortlisted or wins an award.

5. Right of Withdrawal (Widerrufsrecht) for Consumers

5.1 If the user is a consumer (Verbraucher) under Austrian law (KSchG/FAGG), they have the right to withdraw from contracts concluded online within 14 days without giving a reason. The withdrawal period starts from the day the contract is concluded.

5.2 To exercise this right, the user must inform FOOH via a clear statement (e.g., letter or email) about their decision to withdraw. A model withdrawal form will be provided separately (as required by law).

5.3 Consequences of Withdrawal: If a consumer withdraws, FOOH will reimburse all payments received, possibly excluding delivery costs, without undue delay and within 14 days from receiving the withdrawal notice. Reimbursement uses the same payment method as the initial transaction unless otherwise agreed.

5.4 Exceptions: The right of withdrawal may expire prematurely if FOOH begins providing the service with the consumer’s express consent and acknowledgement that they lose their right of withdrawal upon full performance of the service before the 14-day period ends (e.g., immediate access to a digital profile page). In accordance with § 18 Abs 1 Z 11 FAGG (Austrian Distance Selling Act), the right of withdrawal does not apply to digital content that is not delivered on a physical medium if the consumer has expressly consented to begin the performance before the withdrawal period expires and has acknowledged that they thereby lose their right of withdrawal.

6. Warranty (Gewährleistung) and Disclaimers

6.1 Statutory warranty rights under Austrian law (ABGB) apply to paid services. FOOH ensures services conform to the contract description.

6.2 For B2B transactions, the warranty period may be limited as permissible by law (UGB), and users must inspect services promptly and notify FOOH of any defects.

6.3 Free services are provided “as is” without warranty.

6.4 Award Outcome Disclaimer: FOOH makes no guarantee regarding the outcome of any award submission. Shortlisting and final award decisions are based on the processes outlined in 4.5 and are final.

6.5 Website Availability: FOOH strives to keep the website operational but does not guarantee uninterrupted access. Maintenance or technical issues may cause temporary downtime, for which FOOH accepts no liability beyond what is mandated by law.

7. Liability (Haftung)

7.1 FOOH’s liability for damages caused by slight negligence (leichte Fahrlässigkeit) is excluded, except for personal injury (Personenschäden) and breaches of essential contractual obligations (Kardinalpflichten).

7.2 Liability for gross negligence (grobe Fahrlässigkeit) remains unaffected for consumers. For B2B transactions, liability for lost profits (entgangener Gewinn) caused by slight or gross negligence may be excluded if legally permissible.

7.3 Liability under the Product Liability Act (Produkthaftungsgesetz) remains unaffected.

7.4 FOOH is not liable for the content provided by users or third parties, nor for damages arising from misuse of the platform.

7.5 For consumers (Verbraucher) according to the Austrian Consumer Protection Act (KSchG), the liability limitations in sections 7.1 and 7.2 apply only to the extent permitted by mandatory consumer protection laws. In particular, they do not apply to liability for gross negligence, intent, or personal injury.

7.6 Pursuant to § 19 ECG (E-Commerce-Gesetz), FOOH is not obligated to monitor transmitted or stored information or to actively seek circumstances indicating illegal activity. However, upon obtaining actual knowledge of illegal activity or information, FOOH will act expeditiously to remove or disable access to the information.

8. Intellectual Property and Rights for Winners

8.1 FOOH and its licensors retain all rights to the FOOH.com platform, its design, user interface, selection and arrangement of curated content, and branding. For clarity, while FOOH owns the platform and the curation itself (the selection, organization, and presentation of content), FOOH does not claim ownership of the underlying third-party creative works featured in the “FOOH Library” or elsewhere on the platform. The original creators retain their rights to their individual works as displayed on FOOH.com, subject to the limited licenses granted to FOOH for displaying and promoting such content on the platform.

8.2 Users retain ownership of their submitted content (UGC). The license granted to FOOH is specified in section 3.5.

8.3 Rights and Obligations for Award Winners:

a. Use of Badges/Titles: Winners (Gold, Silver, Bronze, Finalists, etc.) receive a non-exclusive license to use the corresponding official FOOH Award digital badges or titles for promoting their awarded work, subject to any usage guidelines FOOH may provide.

b. Promotional Rights for FOOH: Winners grant FOOH the right to use their name, company name, likeness, and details/images/videos of the awarded work for promotional purposes related to FOOH.com and the FOOH Award across any media, indefinitely and royalty-free.

9. Data Protection

9.1 FOOH processes personal data in accordance with applicable data protection laws (GDPR, Austrian DSG). Details are provided in the separate Privacy Policy available on the FOOH.com website.

9.2 When submitting work or claiming credits, users acknowledge that certain personal information may be displayed publicly on the FOOH.com website, including but not limited to name, company name, and professional role. This is necessary for proper attribution and is based on the legitimate interest of FOOH and the users in receiving proper credit for their work.

9.3 The user consents to receiving email communications directly related to their account, submissions, and the services they have signed up for. This includes notifications about award status, credit claims, and account-related information. For marketing communications, separate consent will be obtained in compliance with applicable laws.

9.4 Users have the right to access, rectify, delete, and restrict the processing of their personal data as detailed in the Privacy Policy and in accordance with the GDPR and the Austrian Data Protection Act (DSG).

10. Term and Termination

10.1 Contracts for subscriptions (e.g., Profile Page,…) run for the agreed term (e.g., 1 year) and may auto-renew unless cancelled according to the terms (see section 4.4).

10.2 Users can terminate their accounts or specific subscriptions according to procedures provided by FOOH.

10.3 Both parties have the right to terminate for cause (aus wichtigem Grund) according to statutory provisions. A material breach of these T&Cs constitutes cause.

10.4 Termination requires written form (Textform, e.g., email, sufficient).

11. Governing Law and Jurisdiction

11.1 These T&Cs and the contractual relationship are governed by Austrian law, excluding the UN Convention on Contracts for the International Sale of Goods (CISG) and conflict of law rules.

11.2 For disputes with businesses (Unternehmer), the competent court in Graz, Austria, shall have exclusive jurisdiction. For consumers, the jurisdiction rules under Austrian and EU law apply (usually the consumer’s place of residence).

12. Final Provisions

12.1 FOOH reserves the right to amend these T&Cs. Users will be notified of changes (e.g., via email) at least 4 weeks before they take effect. Changes are deemed accepted if the user does not object in writing within 4 weeks of notification. FOOH will specifically inform users of this consequence in the notification. Consumer rights to terminate remain unaffected. For significant changes to essential provisions of these T&Cs, including price increases, affected consumers have the right to terminate their subscription without penalty before the changes take effect, in accordance with § 6 Abs 2 Z 3 KSchG.

12.2 Should any provision be or become invalid, the validity of the remaining provisions remains unaffected. The invalid provision shall be replaced by a valid one that comes closest to the original economic purpose. This salvatory clause does not apply to consumers (Verbraucher) if it would be unreasonably disadvantageous to them.

12.3 No oral side agreements exist. All amendments, supplements, and additions to these T&Cs must be in writing to be valid (Textform is sufficient - email, web form). This also applies to any waiver of this writing requirement itself.

12.4 These T&Cs represent the entire agreement regarding the subject matter.

12.5 Pursuant to the EU Regulation on Online Dispute Resolution (ODR), FOOH notes that the European Commission provides a platform for online dispute resolution, which can be accessed at http://ec.europa.eu/consumers/odr/. FOOH is neither obligated nor willing to participate in dispute resolution procedures before a consumer arbitration board.