AGREEMENT WITH OUR LEGAL TERMS AND CONDITIONS

We are Studyxymelarida GmbH (‘Company’, ‘we’, “us” or ‘our’).

We operate the website studyxymelarida.com (the ‘Website’) and all related products and services that refer to or are linked to these legal terms and conditions (the ‘Legal Terms’) (collectively, the ‘Services’).

Our Services provide educational resources and support for individuals who want to learn more about investing in cryptocurrencies.

You can contact us by email at [email protected] .

These Legal Terms constitute a legally binding agreement between you, whether personally or on behalf of an entity (‘you’), and Studyxymelarida GmbH regarding your access to and use of the Services. You agree that by accessing the Services, you have read, understood and accepted these Legal Terms and are bound by all of these Legal Terms. IF YOU DO NOT AGREE TO ALL OF THESE LEGAL TERMS, YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND MUST DISCONTINUE USE IMMEDIATELY.

We will notify you in advance of any planned changes to the services you use. The amended Legal Terms will take effect upon publication or notification by email to [email protected] as specified in the email message text. By continuing to use the Services after such changes become effective, you agree to the revised terms.

We recommend that you print a copy of these Legal Terms for your records.

1. OUR SERVICES 2. INTELLECTUAL PROPERTY 3. USER REPRESENTATIONS 4. USER REGISTRATION 5. PRODUCTS 6. PURCHASES AND PAYMENT 7. RETURN/REFUND POLICY 8. SOFTWARE 9. PROHIBITED ACTIVITIES 10. USER-GENERATED CONTENT 11. LICENCE FOR CONTRIBUTIONS 12. GUIDELINES FOR REVIEWS 18. TERM AND TERMINATION 19. CHANGES AND INTERRUPTIONS 20. APPLICABLE LAW 21. DISPUTE RESOLUTION 28. USERS AND RESIDENTS OF CALIFORNIA 29. MISCELLANEOUS

1. OUR SERVICES

The information provided when using the Services is not intended for distribution or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or would subject us to registration requirements in such jurisdiction or country. Accordingly, access to the Services from other locations is at the initiative of the individuals concerned, who are solely responsible for compliance with local laws, if any.

The Services are not designed to comply with industry-specific regulations (e.g., the Health Insurance Portability and Accountability Act (HIPAA), the Federal Information Security Management Act (FISMA), etc.). If your interactions are subject to such laws, you may not use the Services. You may not use the Services in any manner that violates the Gramm-Leach-Bliley Act (GLBA).

2. INTELLECTUAL PROPERTY

Our intellectual property

We are the owner or licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photos and graphics contained in the Services (collectively, the ‘Content’) and the trademarks, service marks and logos contained therein (the ‘Trademarks’).

Our Content and Trademarks are protected by copyright and trademark laws (as well as various other intellectual property rights and unfair competition laws) and agreements in Germany and worldwide.

The Content and Trademarks are provided on or through the Services ‘AS IS’ solely for your personal, non-commercial use or for internal business purposes.

Your Use of Our Services

Subject to your compliance with these Legal Terms, including the ‘PROHIBITED ACTIVITIES’ section below, we grant you a non-exclusive, non-transferable, revocable licence to access the Services and to download or print one copy of any content that you have properly accessed, solely for your personal, non-commercial use or for internal business purposes.

Except as set forth in this section or elsewhere in our Legal Terms, no part of the Services, Content or Trademarks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed or otherwise exploited for commercial purposes.

If you wish to use the Services, Content or Trademarks in a manner not set forth in this section or elsewhere in our Legal Terms, please direct your request to: [email protected] . If we ever grant you permission to publish, reproduce or publicly display any of our Services or Content, you must identify us as the owner or licensor of the Services, Content or Trademarks and ensure that all copyright or other proprietary notices are visible or appear with the publication, reproduction or display of our Content.

We reserve all rights not expressly granted to you in relation to the Services, Content and Trademarks.

Any violation of these intellectual property rights constitutes a material breach of our Legal Terms and your right to use our Services will immediately terminate.

Please read this section and the ‘PROHIBITED ACTIVITIES’ section carefully before using our Services to understand (a) the rights you grant us and (b) the obligations you have when you post or upload content through the Services.

Submissions: By directly sending us questions, comments, suggestions, ideas, feedback or other information via the Services (‘Submissions’), you agree to transfer to us all intellectual property rights in such Submissions. You agree that we are the owner of such Submissions and are entitled to use them without restriction for any lawful purpose, commercial or otherwise, without recognition or compensation to you.

Contributions: The Services may invite you to chat, contribute to or participate in blogs, message boards, online forums and other features during which you may create, submit, post, display, transmit, publish, distribute or send content and materials, including, but not limited to, text, writing, videos, audio, photos, music, graphics, comments, ratings, suggestions, personal information or other material (‘Contributions’). Any submission that is publicly posted shall also be treated as a Contribution.

You understand that Contributions may be viewed by other users of the Services and possibly through third-party websites.

When you post Contributions, you grant us a licence (including the use of your name, trademarks and logos): By posting Contributions, you grant us an unrestricted, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully paid, worldwide right and licence to use, reproduce, distribute, sell, republish, transfer, rename, store, publicly perform, publicly display, reformat, translate, extract (in whole or in part) and use your contributions (including, without limitation, your image, name and voice) for any purpose, whether commercial, promotional or otherwise, to create derivative works or incorporate them into other works, and to sublicense the licenses granted in this section. Our use and distribution may be in any media format and through any media channels.

This licence includes our use of your name, company name and franchise name, if applicable, as well as any trademarks, service marks, trade names, logos and personal or commercial images you provide. You are responsible for what you post or upload: By submitting and/or posting any submissions through any part of the Services, or by making any submissions available through the Services by linking your account through the Services to any of your social media accounts, you confirm that you have read and and that you will not publish, send, upload or transmit any Submissions or Contributions via the Services that are unlawful, harassing, hateful, harmful, defamatory, obscene, intimidating, abusive, discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, misleading or deceptive; to the extent permitted by law, you waive all moral rights in any Submissions and/or Contributions; you warrant that all Submissions and/or Contributions are your own work or that you have the necessary rights and licences to submit such Submissions and/or Contributions, and that you have full authority to grant us the above rights in relation to your Submissions and/or contributions; and you warrant and represent that your submissions and/or contributions do not constitute confidential information. You are solely responsible for your submissions and/or contributions and expressly agree to indemnify us for any losses we may incur as a result of your breach of (a) this section, (b) the rights of third-party intellectual property rights or (c) applicable law.

We may remove or edit your content: Although we are not obligated to monitor posts, we have the right to remove or edit posts at any time without notice if we believe, in our reasonable discretion, that such posts are harmful or violate these Legal Terms. If we remove or edit such posts, we may also suspend or disable your account and report you to the authorities.

3. USER REPRESENTATIONS AND WARRANTIES

By using the Services, you represent and warrant that: (1) all registration information you submit is true, accurate, current and complete; (2) you will maintain the accuracy of this information and promptly update such registration information as required; (3) you have the legal capacity to enter into these Legal Terms ; (4) you are not a minor in the jurisdiction in which you reside; (5) you will not access the Services through any automated or non-human means, whether through a bot, script or otherwise; (6) you will not use the Services for any illegal or unauthorised purpose; and (7) your use of the Services will not violate any applicable laws or regulations.

If you provide any information that is untrue, inaccurate, not current or incomplete, we shall have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).

4. USER REGISTRATION

You may be required to register to use the Services. You agree to keep your password confidential and are responsible for all use of your account and password. We reserve the right to remove, reclaim or change a username you have chosen if we determine, in our sole discretion, that such username is inappropriate, obscene or otherwise objectionable.

5. PRODUCTS

We strive to display the colours, features, specifications and details of the products available through the Services as accurately as possible. However, we do not guarantee that the colours, features, specifications and details of the products are accurate, complete, reliable, current or free from other errors, and your electronic display may not accurately reflect the actual colours and details of the products. All products are subject to availability, and we cannot guarantee that items are in stock. We reserve the right to discontinue products at any time and for any reason. Prices for all products are subject to change.

6. PURCHASES AND PAYMENT

We accept the following payment methods:

Visa
Mastercard
American Express
PayPal

You agree to provide current, complete and accurate purchase and account information for all purchases made through the Services. You also agree to promptly update your account and payment information, including email address, payment method and payment card expiry date, so that we can complete your transactions and contact you if necessary. Value added tax will be added to the price of purchases at our discretion. We may change prices at any time.

You agree to pay all charges at the prices applicable to your purchases, as well as any applicable shipping charges, and you authorise us to charge such amounts to your account through your chosen payment provider when you place your order. We reserve the right to correct any pricing errors or mistakes, even if we have already requested or received payment.

We reserve the right to refuse orders placed through the Services. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders with the same billing or shipping address. billing or delivery address. We reserve the right to limit or prohibit orders that, in our sole discretion, appear to be placed by merchants, resellers or distributors.

7. RETURN/REFUND POLICY

Please review our return policy posted on the Services before making a purchase.

We may provide software for use in connection with our Services. If such software is accompanied by an end user licence agreement (‘EULA’), the terms of the EULA govern your use of the software. If the software is not accompanied by an EULA, we grant you a non-exclusive, revocable, personal and non-transferable licence to use such software solely in connection with our Services and in accordance with these Legal Terms. Any software and related documentation are provided ‘AS IS’ without any warranty, express or implied, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose or non-infringement. You assume all risks arising from the use or performance of the software. You may only reproduce or redistribute the software in accordance with the EULA or these Legal Terms.

9. PROHIBITED ACTIVITIES

You may use the Services only for the purposes for which we make them available and not for any other purpose. The Services may not be used in connection with any commercial endeavour unless expressly supported or authorised by us.

As a user of the Services, you agree not to:

Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database or directory without our written permission.li>
Deceive, defraud or mislead us or other users, particularly in attempts to obtain confidential account information such as user passwords. li>
Bypass, disable or otherwise interfere with any security-related features of the Services, including features that prevent or restrict the use or copying of content or enforce limitations on the use of the Services and/or the content contained therein.
Degrade, damage or otherwise impair us and/or the Services in our sole discretion.li>
Use information obtained from the Services to harass, abuse or harm others. li>
Abuse our support services or submit false reports of abuse or misconduct.li>
Use the Services in a manner that is inconsistent with applicable laws or regulations. li>
Engage in unauthorised framing or linking to the Services. Upload or transmit (or attempt to do so) viruses, Trojan horses or other material, including excessive use of capital letters and spam (continuous posting of repetitive text), that interferes with the uninterrupted use and enjoyment of the Services by others or alters, impairs, disrupts or interferes with the use, features, operation or maintenance of the Services. interfere with, disrupt, alter or impair the Services.
Engage in automated use of the Services, such as using scripts to send comments or messages, or data collection, robots or similar data collection and extraction tools.
Remove copyright or other proprietary notices from content.
Upload or transmit (or attempt to) any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, clear graphic exchange formats (‘GIFs’), 1x1 pixels, web bugs, cookies or similar devices (sometimes referred to as “spyware” or ‘passive collection mechanisms’ or ‘PCMs’).
Disrupt, interrupt or impose an unreasonable load on the Services or the networks or services connected to the Services.
Harass, annoy, intimidate or threaten our employees or agents involved in providing any part of the Services.
Circumvent measures designed to prevent or restrict access to the Services or any part of the Services.
Copy or adapt the software of the Services, including, without limitation, Flash, PHP, HTML, JavaScript or other code.
To the extent permitted by applicable law, decrypt, decompile, disassemble or reverse engineer any software that is part of or comprises the Services.
Except as resulting from the standard use of search engines or Internet browsers, use, launch, develop or distribute automated systems, including, without limitation, spiders, robots, cheat utilities, scrapers or offline readers that access the Services, or use or launch unauthorised scripts or other software.
Use a purchasing agent or purchasing agent to make purchases through the Services.
Use the Services indefinitely to collect user names and/or email addresses of users by electronic or other means to send unsolicited emails, or to create user accounts in an automated manner or under false pretenses.
Use the Services as part of a competition with us or otherwise use the Services and/or Content for profit-making ventures or commercial enterprises.li>
Use the Services to advertise or offer goods or services for sale. li>

10. USER-GENERATED CONTENT

The Services may invite you to chat, contribute to or participate in blogs, message boards, online forums and other features, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute or broadcast content and materials to us or through the Services, including, but not limited to, text, writings, videos, audio, photos, graphics, comments, suggestions or personal information or other material (collectively, ‘Contributions’). Contributions may be viewed by other users of the Services and through third-party websites. Therefore, any Contributions you transmit may be treated as non-confidential and non-proprietary . If you create or make available any Contributions, you warrant and represent that:

The creation, distribution, transmission, public display or performance, as well as the access, downloading or copying of your Contributions, do not and will not infringe any proprietary rights, including, but not limited to, copyrights, patents, trademarks, trade secrets or moral rights of any third party.
You are the creator and owner or have the necessary licences, rights, consents, releases and permissions to allow us, the Services and other users of the Services to use your contributions in any manner provided by the Services and these Legal Terms.
You have the written consent, release and/or permission of each and every person identifiable in your Submissions to use the name or likeness of each such person to enable the inclusion and use of your Submissions in any manner contemplated by the Services and these Legal Terms.
Your contributions do not constitute unsolicited or unauthorised advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings or other forms of advertising. Your Contributions are not obscene, offensive, violent, harassing, defamatory, libellous or otherwise objectionable (as determined by us).
Your contributions do not mock, ridicule, disparage, intimidate or abuse anyone.li>
Your contributions are not used to harass or threaten other people (in the legal sense of these terms) or to promote violence against a specific person or group of people. li>
Your contributions do not violate any applicable laws, regulations or rules.li>
Your contributions do not violate the privacy or personality rights of third parties. li>
Your contributions do not violate any applicable laws regarding child pornography or the protection of the health or welfare of minors. li>
Your contributions do not contain offensive comments relating to race, national origin, gender, sexual orientation or physical disability.li>
Your contributions do not otherwise violate any provisions of these Legal Terms or applicable laws or regulations, or link to material that does so. li>

Any use of the Services that violates the foregoing violates these Legal Terms and may result in, among other things, termination or suspension of your rights to use the Services.

11. LICENCE FOR CONTRIBUTIONS

By posting your Contributions in any part of the Services or by making Contributions available to the Services by linking your account through the Services to any of your social media accounts, you automatically grant and warrant and represent that you have the right to grant to us an unrestricted, irrevocable, perpetual, non-exclusive, transferable, free, fully paid, worldwide right and licence to host, use, copy, reproduce, disclose, sell, resell, publish, transmit, rename, archive, store, cache, publicly perform, publicly display, reformat, translate, transfer, extract (in whole or in part) and distribute (including, without limitation, your image and voice) for any purpose, whether commercial, promotional or otherwise, and to create derivative works from or incorporate such contributions into other works, and to grant and authorise sublicences for the foregoing. The use and distribution may be in any media format and through any media channel.

This licence applies to any form, medium or technology now known or developed in the future and includes our use of your name, company name and franchise name, as applicable, and all trademarks, service marks, trade names, logos and personal or commercial images provided by you. You waive all moral rights in your contributions and warrant that moral rights in your contributions have not been otherwise asserted.

We do not claim ownership of your contributions. You retain full ownership of all your contributions and all associated intellectual property rights or other proprietary rights. We are not responsible for statements or representations made in your contributions that you provide in any area of the Services. You are solely responsible for your contributions to the Services and expressly agree to indemnify us from any liability and to refrain from taking any legal action against us in relation to your contributions.

We have the right, in our sole and absolute discretion, to (1) edit, redact or otherwise modify any Contributions; (2) recategorise Contributions to place them in more appropriate locations within the Services; and (3) pre-screen or delete any Contributions at any time and for any reason without notice. We have no obligation to monitor your Contributions.

12. REVIEW POLICY

We may provide areas on the Services for you to post reviews or ratings. When you post a review, you must comply with the following criteria: (1) You must have personal experience with the person/entity being reviewed; (2) Your reviews must not contain offensive, profane, abusive, racist, offensive or hateful language; (3) Your reviews must not contain any discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation or disability; (4) Your reviews must not contain any content that is illegal or that encourages illegal activity; (5) Your reviews must not contain any content that is defamatory, libellous or false; (6) Your reviews must not contain any content that is obscene, pornographic or sexually explicit; (7) Your reviews must not contain any content that is threatening language; (3) Your reviews must not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation or disability; (4) Your reviews must not contain references to illegal activities; (5) You must not be affiliated with competitors when posting negative reviews ; (6) You may not draw conclusions about the legality of conduct; (7) You may not publish false or misleading statements; and (8) You may not organise a campaign to encourage others to submit reviews, whether positive or negative.

We may accept, reject or remove reviews at our discretion. We have no obligation to review or delete reviews, even if someone considers them offensive or inaccurate. Reviews are not expressly endorsed by us and do not necessarily represent our opinions or the views of our affiliated companies or partners. We accept no liability for reviews or for any claims, liabilities or losses arising from a review. By posting a review, you hereby grant us a permanent, non-exclusive, worldwide, royalty-free, fully paid, transferable and sublicensable right and licence to reproduce, modify, translate, transmit via media, display, perform and/or distribute all content related to the review. .

13. SOCIAL MEDIA

As part of the functionality of the Services, you may link your account to online accounts you have with third-party providers (each a ‘Third-Party Account’) by either: (1) providing your login credentials for your Third-Party Account through the Services; or (2) allowing us to access your Third-Party Account as permitted by the applicable terms and conditions governing your use of each Third-Party Account. You confirm and warrant that you are authorised to disclose your login credentials for Third-Party Accounts and/or grant us access to your Third-Party Account without violating the terms and conditions governing your use of the applicable Third-Party Account and without obligating us to pay any fees or impose any restrictions on our use of the Third-Party Account imposed by the Third-Party Account provider. By granting access to Third-Party Accounts, you understand that (1) we may access, make available, and use content that is available on or through such Third-Party Accounts, including any content that is accessible to you through your Third-Party Account, and (2) we may impose restrictions on your use of the Services that are imposed by the Third-Party Account provider. impose any restrictions on your use that are imposed by the third-party provider of the third-party account. By granting access to third-party accounts, you understand that (1) we may access, make available and store (if applicable) content that you have provided and stored in your third-party account (the ‘social media content’) so that it is available through your account on and through the Services, including, without limitation, friend lists; and (2) we may send and receive additional information from your third-party account, as notified to you when you link your account to the third-party account. Depending on the third-party accounts you choose and subject to the privacy settings you have set in those accounts , personal information you post on your third-party accounts may be available on the Services through your account. Please note that if a third-party account or the associated service is no longer available or our access to that third-party account is terminated by the third-party provider, the social media content may no longer be available on and through the Services. You may disable the connection between your account on the Services and your third-party accounts at any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENTS WITH THOSE THIRD-PARTY PROVIDERS. We do not make any effort to review social media content for any purpose, including, but not limited to, accuracy, legality or non-infringement, and we are not responsible for social media content. You acknowledge and agree that we may access your email address book associated with a third-party account and your contact list stored on your mobile device or tablet, solely for the purpose of identifying and informing those contacts who have also registered to use the Services. You may disable the connection between the Services and your third-party account by contacting us at the contact information provided below or through your account settings (if applicable) . We will attempt to delete any information retrieved from our servers via such third-party account, except for the user name and profile picture associated with your account.

14. THIRD-PARTY WEBSITES AND CONTENT

The Services may contain links to other websites (‘Third Party Websites’) as well as articles, photos, text, graphics, images, designs, music, sound, videos, information, applications, software and other content or materials that are owned or provided by third parties (‘Third Party Content’). We do not review, monitor or verify the accuracy, appropriateness or completeness, and we are not responsible for any third-party websites accessed through the Services or for any third-party content posted, made available or installed on the Services, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the third-party websites or third-party content. The inclusion of, linking to, or authorisation of the use or installation of third-party websites or third-party content does not imply any endorsement or sponsorship by us. If you decide to leave the Services and access third-party websites or use or install third-party websites or content, you do so at your own risk and should be aware that these Legal Terms no longer apply. You should review the applicable terms and policies, including the privacy and data collection practices, of any website you navigate to from the Services or in connection with applications you use or install from the Services. All purchases you make through third-party websites are made through other websites and from other companies, and we assume no responsibility for such purchases, which are solely between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on third-party websites and you indemnify us from any damage resulting from your purchase of such products or services. Furthermore, you indemnify us from any loss or damage incurred by you in any way in connection with third-party content or any contact with third-party websites .

15. ADMINISTRATION OF THE SERVICES

We reserve the right, but not the obligation, to (1) monitor the Services for violations of these Legal Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Legal Terms, including, without limitation, reporting such users to law enforcement authorities; (3) to refuse, restrict, limit or disable access to your submissions or any part thereof, at our sole discretion and without limitation (to the extent technologically feasible); (4) to remove or otherwise disable all files and content from the Services, at our sole discretion and without limitation, notice or liability, that are excessively large or that in any way burden our systems; and (5) to otherwise manage the Services in a manner that protects our rights and property. or otherwise disable any files or content from the Services that are excessively large or in any way burden our systems; and (5) otherwise manage the Services in a manner that protects our rights and property and facilitates the proper functioning of the Services.

16. PRIVACY POLICY

We value your privacy and security. Please review our Privacy Policy . By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Legal Terms. Please note that the Services are hosted in Germany. If you access the Services from another region of the world with laws or other requirements regarding the collection, use or disclosure of personal data that differ from those in Germany, you are responsible for complying with those laws. By continuing to use the Services, you agree that any personal data you submit to us will be transferred to Germany and processed in accordance with the laws of Germany. data that differ from the laws applicable in Germany, your continued use of the Services constitutes your transfer of your data to Germany and your express consent to the transfer of your data to Germany and its processing there.

17. NOTICE AND POLICY REGARDING THE DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA)

Notices

We respect the intellectual property rights of others. If you believe that any material available on or through the Services infringes a copyright that you own or control, please notify our designated copyright agent immediately using the contact information below (a ‘Notice’). A copy of your Notice will be sent to the person who posted or stored the material addressed in the notice. Please note that you may be liable for damages under federal law if you make material misrepresentations in a notice. If you are unsure whether material linked to or through the Services infringes your copyright, you should first consider contacting a lawyer.

All notices must comply with the requirements of DMCA 17 U.S.C. § 512(c)(3) and include the following information: (1) A physical or electronic signature of a person authorised to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Services are covered by the notification, a representative list of such works on the Services; (3) 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 sufficient information to enable us to locate the material; (4) Sufficient information to enable us to contact the complaining party, such as an address, telephone number and, if available, an email address at which the complaining party may be contacted; (5) A statement that the complaining party has a good faith belief that the use of the material in the manner complained of is not authorised by the copyright owner, its agent or the law; and (6) A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorised to act on behalf of the owner of an exclusive right that is allegedly infringed.

Counter-notification

If you believe that your own copyrighted material has been removed from the Services due to mistake or misidentification, you may send a written counter-notification to [us/our designated copyright agent] at the contact information provided below (a ‘Counter-Notification’). To be effective, your counter-notice must contain the following information: (1) Identification of the material that has been removed or disabled and the location where the material appeared before it was removed or disabled; (2) A statement that you consent to the jurisdiction of the federal district court in which your address is located or, if your address is outside the United States, for each judicial district in which we are located; (3) A statement that you will accept service of process from the party who submitted the notice or their agent; (4) Your name, address and telephone number; (5) A statement under penalty of perjury that you have a good faith belief that the material in question was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and (6) Your physical or electronic signature.

If you send us a valid written counter-notice that meets the requirements described above, we will restore your removed or disabled material unless we first receive a notice from the party that submitted the notice informing us that such party has filed a lawsuit seeking to restrain you from engaging in infringing activities related to the material in question. Please note that you may be liable for damages, including costs and attorneys' fees, if you materially misrepresent that the removed or disabled content was removed due to a mistake or misidentification. Submitting a false counter-notice constitutes perjury.

Designated Copyright Agent

Attn: Copyright Agent
[email protected]

18. TERM AND TERMINATION

These Legal Terms will remain in full force and effect during your use of the Services. WITHOUT LIMITING ANY OTHER PROVISIONS OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, TO REFUSE ACCESS TO AND USE OF THE SERVICES (INCLUDING THE BLOCKING OF CERTAIN IP ADDRESSES) TO ANY PERSON FOR ANY REASON OR NO REASON, INCLUDING, WITHOUT LIMITATION, FOR VIOLATION OF ANY REPRESENTATION, WARRANTY OR AGREEMENT IN THESE LEGAL TERMS OR FOR VIOLATION OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR YOUR ACCOUNT AND DELETE ANY CONTENT OR INFORMATION YOU HAVE POSTED AT ANY TIME WITHOUT NOTICE IN OUR SOLE DISCRETION.

If we terminate or suspend your account for any reason, you are prohibited from registering under your name, a false or borrowed name, or the name of a third party and creating a new account, even if you are acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal including, without limitation, civil, criminal and injunctive remedies.

19. CHANGES AND INTERRUPTIONS

We reserve the right to change, modify or remove the content of the Services at any time or for any reason at our sole discretion without notice. However, we are not obligated to update any information on our Services. We also reserve the right to modify or discontinue the Services, or any part thereof, at any time without notice. or discontinue the Services in whole or in part at any time without notice. We shall not be liable to you or any third party for any changes, price changes, suspensions or discontinuance of the Services.

We cannot guarantee that the Services will be available at all times. We may experience hardware, software or other problems or perform maintenance on the Services that cause interruptions, delays or errors. We reserve the right to change, revise, suspend or otherwise modify the Services at any time or for any reason without notice. update, suspend, discontinue or otherwise modify the Services at any time or for any reason. You agree that we shall not be liable for any loss, damage or inconvenience caused by your inability to access or use the Services during any downtime or discontinuation of the Services. Nothing in these Legal Terms shall be construed as obliging us to maintain or support the Services or to provide corrections, updates or releases in respect thereof.

20. APPLICABLE LAW

These Legal Terms are governed by and construed in accordance with the laws of the United Kingdom, excluding the United Nations Convention on Contracts for the International Sale of Goods. If your habitual residence is in the EU, you also have the protection afforded to you by the mandatory provisions of the law of your country of residence. This means that you can assert claims to defend your consumer protection rights in relation to these Legal Terms in Germany or in the EU country where you reside.

21. DISPUTE RESOLUTION

Binding arbitration

If you are a resident of the European Union, any dispute arising out of or in connection with these Legal Terms will be settled by an arbitrator appointed in accordance with the arbitration and internal rules of the European Court of Arbitration, which is part of the European Arbitration Centre located in Strasbourg. The place for such arbitration proceedings will be Germany. The prevailing language of the proceedings shall be German. The applicable law for these proceedings shall be the law of the Federal Republic of Germany.

If you are a resident of the United States, disputes shall be settled by arbitration in the United States. The applicable law for these proceedings shall be the law of the United States.

For residents of other countries, the place and procedures of arbitration shall be as specified for residents of the European Union.

The parties agree that any arbitration shall be limited to the dispute between the parties individually. To the extent permitted by law, (a) no arbitration shall be joined to any other arbitration; (b) there shall be no right or authority for any dispute to be arbitrated on a class action basis or for class action procedures to be used; and (c) there shall be no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or other persons.

Exceptions to Arbitration

The parties agree that the following disputes shall not be subject to the above provisions on binding arbitration: (a) any dispute seeking to enforce or protect the intellectual property rights of a party or affecting their validity; (b) any dispute involving allegations of theft, piracy, violation of privacy or unauthorised use, or arising therefrom; and (c) any claim for injunctive relief. If this provision is deemed illegal or unenforceable, neither party shall elect to arbitrate any dispute that falls under that part of the provision deemed illegal or unenforceable, and any such dispute shall be decided by a court of competent jurisdiction within the courts listed above for jurisdiction, and the parties agree to submit to the personal jurisdiction of such court.

22. CORRECTIONS

There may be information on the Services that contains typographical errors, inaccuracies or omissions, including descriptions, prices, availability and various other information. We reserve the right to correct any errors, inaccuracies or omissions and to change or information on the Services at any time without prior notice.

23. DISCLAIMER

THE SERVICES ARE PROVIDED ‘AS IS’ AND ‘AS AVAILABLE’. YOU AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. TO THE EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING THE ACCURACY OR COMPLETENESS OF THE CONTENT OF THE SERVICES OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES, AND WE ASSUME NO LIABILITY FOR (1) ERRORS, MISTAKES OR INACCURACIES IN CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORISED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY PERSONAL DATA AND/OR FINANCIAL INFORMATION STORED ON THEM, WHICH ARE STORED THERE, (4) ANY INTERRUPTION OR DISCONTINUATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY ERRORS, VIRUSES, TROJAN HORSES OR SIMILAR, THAT MAY BE TRANSMITTED BY THIRD PARTIES TO OR VIA THE SERVICES, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND ARISING FROM THE USE OF ANY CONTENT PUBLISHED, TRANSMITTED OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. . WE DO NOT WARRANT, ENDORSE, SUPPORT OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE OF ANY THIRD PARTY THAT MAY BE OFFERED OR MADE AVAILABLE THROUGH THE SERVICES, ANY LINKED WEBSITES OR ANY WEBSITES OR MOBILE APPLICATIONS FEATURED, ADVERTISED OR OFFERED IN ANY BANNER OR OTHER ADVERTISEMENT, AND WE WILL NOT BE A PARTY TO NOR IN ANY WAY RESPONSIBLE FOR MONITORING ANY TRANSACTIONS BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGEMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

24. LIMITATIONS OF LIABILITY

IN NO EVENT SHALL WE OR OUR DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST REVENUES, DATA LOSS OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANY CONTRARY PROVISION HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, SHALL AT ALL TIMES BE LIMITED TO THE AMOUNT YOU HAVE PAID TO US, IF ANY, IN THE SIX (6) MONTHS PRIOR TO THE CAUSE OF ACTION ARISING. IF ANY, IN THE SIX (6) MONTHS PRIOR TO THE CAUSE OF ACTION ARISING. CERTAIN GERMAN LAWS AND INTERNATIONAL LAWS DO NOT ALLOW THE LIMITATION OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, NOT ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

25. INDEMNIFICATION

You agree to defend, indemnify and hold us, including our subsidiaries, affiliates and all of our respective officers, agents, partners and employees, harmless from and against any and all losses, damages, liabilities, claims or demands, including reasonable legal fees and costs, which are asserted by third parties arising out of or in connection with: (1) your contributions; (2) your use of the Services; (3) your breach of these Legal Terms; (4) your breach of your representations and warranties set forth in these Legal Terms; (5) your violation of the rights of third parties, including, without limitation, intellectual property rights; or (6) any apparent harmful action towards other users of the Services with whom you have come into contact through the Services. Notwithstanding the foregoing, we reserve the right to assume the defence and indemnification of any claim at our sole discretion. intellectual property rights; or (6) any apparent harmful action towards other users of the Services with whom you have come into contact through the Services. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of such claims at your expense. We will use reasonable efforts to notify you of any such claims, actions or proceedings subject to this indemnification as soon as we become aware of them.

26. USER DATA

We store certain data that you submit to the Services in order to manage the performance of the Services, as well as data related to your use of the Services. Although we perform routine data backups, you are solely responsible for all data that you submit or that is related to activities that you perform while using the Services . You agree that we shall not be liable to you for the loss or damage of such data, and you hereby waive any claims against us arising from such loss or damage to such data.

27. ELECTRONIC COMMUNICATIONS, TRANSACTIONS AND SIGNATURES

Visiting the Services, sending emails to us and completing online forms constitute electronic communications. You agree to receive electronic communications and agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and through the Services satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO THE ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR CONCLUDED BY US OR THROUGH THE SERVICES . You hereby waive any rights or requirements under any laws, regulations, rules, ordinances or other legal provisions in any jurisdiction that require an original signature or the delivery or retention of non-electronic records or payments or the granting of credit in a manner other than electronic.

28. USERS AND RESIDENTS OF GERMANY

If a complaint is not resolved satisfactorily by us, you can contact the consumer advice centre in your federal state. In Berlin, you can contact the Verbraucherzentrale Berlin e.V. in writing at Hardenbergplatz 2, 10623 Berlin, or by telephone on +49 (30) 21485-0.

29. MISCELLANEOUS

These Legal Terms and Conditions, as well as any guidelines or operating rules published by us on the Services or in relation to the Services, constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms and Conditions shall not constitute a waiver of such right or this provision. These Legal Terms apply to the maximum extent permitted by law. We may assign some or all of our rights and obligations to others at any time. We are not liable for any loss, damage, delay or failure to act caused by causes beyond our reasonable control. If any provision or part of any provision of these Legal Terms is deemed unlawful, void or unenforceable, that provision or part of the provision shall be deemed severable from these Legal Terms and shall not affect the validity and enforceability of the remaining provisions. No joint venture, partnership, employment or agency relationship between you and us based on these Legal Terms or your use of the Services. You agree that these Legal Terms will not be construed against us because we drafted them. You hereby waive any objection you may have based on the electronic form of these Legal Terms and the absence of a signature by the parties to execute these Legal Terms.