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TERMS & BEDINGUNGEN
Please review the complete terms of the Agreement carefully. If you do not agree to the Agreement in its entirety, you are not authorized to use the Services and/or Website in any manner or form. WE SPECIFICALLY DENY ACCESS TO THE WEBSITE AND/OR OUR SERVICES BY ANY INDIVIDUAL THAT IS COVERED BY THE CHILDREN’S ONLINE PRIVACY PROTECTION ACT OF 1998, AS AMENDED (“COPPA”), AND RESERVE THE RIGHT TO DENY ACCESS TO THE SERVICES AND/OR WEBSITE TO ANY INDIVIDUAL, IN ITS SOLE AND EXCLUSIVE DISCRETION.
SCOPE AND MODIFICATION OF THE AGREEMENT
You hereby agree to the terms and conditions outlined in the Agreement with respect to your use of our Website. The Agreement constitutes the entire and only agreement between you and us with respect to your use of the Website and supersedes all prior or contemporaneous agreements, representations, warranties and/or understandings with respect to the Website.
Please note that these Terms may change from time to time. If we change these Terms, we will advise you of the choices you may have as a result of such changes. We will also post a notice that these Terms have changed. Your continued use of the Website and/or our Services, imply that you fully agree to comply with all of the terms and conditions contained within the Agreement effective at that time. It is your responsibility to frequently check this page for updates and/or changes.
The Website and our Services are only available to individuals who can enter into legally binding contracts under applicable law. The Website and Services are not intended for use by individuals under the age of eighteen (18). If you are under the age of eighteen (18), you do not have the permission to use and/or access the Website and/or Services.
DESCRIPTION OF THE SERVICES
Subject to the terms and conditions of the Agreement, by registering on the Website and receiving approval from us, you can obtain, or attempt to obtain, for a fee or for no fee, the Subscription Services. The Subscription Services will provide you with e-mail content, text and other materials (“Subscription Content”) relevant to online marketing provided by us and third party partners (“Third Party Providers”). This is NOT investment advice. If you would like to discontinue receipt of the Subscription Content, simply email us. By using the Subscription Content and/or any Subscription Services, You hereby understand and agree that we are not responsible or liable in any manner whatsoever for the accuracy, completeness or appropriateness of the Subscription Content, the Subscription Services or your inability to use the Subscription Services and/or Subscription Content. You hereby understand, agree and confirm that we shall not be liable to you, any end-users or any third party, for any claim in connection with any of the Subscription Services.
Vendor and Third Party Services
By completing the applicable purchase order forms you can obtain, or attempt to obtain, certain products and/or services from the Website. The products and/or services featured on the Website may contain descriptions that are provided directly by the Third Party Provider manufacturers or distributors of such items. We do not represent or warrant that the descriptions of such items are accurate or complete. You hereby understand and agree that we are not responsible or liable in any manner whatsoever for your inability to obtain products and/or services from the Website or for any dispute with the product’s seller, distributor and end-user consumers. You understand and agree that we shall not be liable to you or any third party for any claim in connection with any of the products and/or services offered on the Website.
The information that you must supply in connection with registering for the Services may include, without limitation, some or all of the following: (a) your full name; (b) company name; (c) e-mail address; (d) mailing address (and billing address if different); (e) home telephone number; (f) work telephone number; (g) fax number; (h) credit card information; and/or (i) any other information requested on the applicable registration form (“Service Registration Data”). You agree to provide true, accurate, current and complete Service Registration Data. We have the right to reject any Service Registration Data where it is determined, in our sole and exclusive discretion, that: (i) you are in breach of any portion of the Agreement; and/or (ii) the Service Registration Data that you provided is incomplete, fraudulent, a duplicate or otherwise unacceptable. We may change the Registration Data criteria at any time, in our sole discretion.
Unless explicitly stated otherwise, any future offer(s) made available to you on the Website that enhance(s) the current features of the Website shall be subject to the Agreement. You understand and agree that we are not responsible or liable in any manner whatsoever for your inability to use and/or qualify for the Services. You understand and agree that we shall not be liable to you or any third party for any modification, suspension or discontinuation of any Services or other product, service or promotion offered by us and/or any of our Third Party Providers. You understand and agree that refusal to use the Website is your sole right and remedy with respect to any dispute that you may have with us.
As a user of the Website, you are granted a non-exclusive, non-transferable, revocable and limited license to access and use the Website, Content and associated material in accordance with the Agreement. We may terminate this license at any time for any reason. You may use the Website and Content on one computer for your own personal, non-commercial use. No part of the Website, Content, and/or Services may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical. You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer the Website, Content, and/or Services or any portion thereof. We reserve any rights not explicitly granted in the Agreement. You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the Website. You may not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. Your right to use the Website, Content, and/or Services is not transferable.
The content, organization, graphics, design, compilation, magnetic translation, digital conversion, software, services and other matters related to the Website, Content, and Services are protected under applicable copyrights, trademarks and other proprietary (including, but not limited to, intellectual property) rights. The copying, redistribution, publication or sale by you of any part of the Website, Content, and/or Services is strictly prohibited. Systematic retrieval of material from the Website, Content, and/or Services by automated means or any other form of scraping or data extraction in order to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from we is prohibited. You do not acquire ownership rights to any content, document, software, services or other materials viewed at or through the Website, Content, and/or Services. The posting of information or material on the Website, or by and through the Services, by us does not constitute a waiver of any right in or to such information and/or materials. Our name and logo, and all associated graphics, icons and service names, are our trademarks. All other trademarks appearing on the Website or by and through the Services are the property of their respective owners. The use of any trademark without the applicable owner’s express written consent is strictly prohibited.
Confidential information means all confidential and proprietary information of a party, whether oral or in writing, which is designated or identified as confidential or that reasonably should be understood to be confidential given the nature of the information and surrounding circumstances, but shall not include information that is (1) generally known to the public without breach hereunder; (2) was known prior to disclosure hereunder without restriction on disclosure; (3) independently developed without breach hereunder; or (4) is rightfully received from a third party without any restriction on disclosure. The parties shall only use confidential information for the purposes of performing the obligations hereunder. We will not sell first party data without consent.
The duty to protect Confidential Information shall expire one (1) year from the date of termination of the Agreement.
HYPERLINKING TO THE WEBSITE, CO-BRANDING, "FRAMING" AND/OR REFERENCING THE WEBSITE PROHIBITED
Unless expressly authorized by us, no one may hyperlink the Website, or portions thereof (including, but not limited to, logotypes, trademarks, branding or copyrighted material), to their website or web venue for any reason. Furthermore, "framing” the Website and/or referencing the Uniform Resource Locator (”URL”) of the Website in any commercial or non-commercial media without our prior, express, written permission is strictly prohibited. You specifically agree to cooperate with the Website to remove or cease, as applicable, any such content or activity. You hereby acknowledge that you shall be liable for any and all damages associated therewith.
EDITING, DELETING AND MODIFICATION
We reserve the right in our sole discretion, without prior notice, to edit and/or delete any documents, information or other content appearing on the Website.
THE WEBSITE, SERVICES, CONTENT, ANY THIRD PARTY PRODUCTS THAT YOU MAY RECEIVE FROM ONE OF OUR THIRD PARTY PROVIDERS, AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH THE WEBSITE ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS AND ALL WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS FOR A PARTICULAR PURPOSE). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE MAKE NO WARRANTY THAT: (A) THE WEBSITE, SERVICES, CONTENT, ANY THIRD PARTY PRODUCTS THAT YOU MAY RECEIVE FROM ONE OF OUR THIRD PARTY PROVIDERS, AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH THE WEBSITE WILL MEET YOUR REQUIREMENTS; (B) THE WEBSITE, SERVICES, CONTENT, ANY THIRD PARTY PRODUCTS THAT YOU MAY RECEIVE FROM ONE OF OUR THIRD PARTY PROVIDERS, AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (C) YOU WILL QUALIFY FOR THE SERVICES; OR (D) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE, SERVICES, CONTENT, ANY THIRD PARTY PRODUCTS THAT YOU MAY RECEIVE FROM ONE OF OUR THIRD PARTY PROVIDERS, AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH THE WEBSITE WILL BE ACCURATE OR RELIABLE. THE WEBSITE, SERVICES, CONTENT, ANY THIRD PARTY PRODUCTS THAT YOU MAY RECEIVE FROM ONE OF OUR THIRD PARTY PROVIDERS, AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH THE WEBSITE MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE WILL NOT BE LIABLE FOR THE AVAILABILITY OF THE UNDERLYING INTERNET CONNECTION ASSOCIATED WITH THE WEBSITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM WE, ANY OF ITS THIRD PARTY PROVIDERS OR OTHERWISE THROUGH OR FROM THE WEBSITE, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.
DISCLAIMER FOR HARM CAUSED BY DOWNLOADS
Visitors download information from the Website at their own risk. We make no warranty that such downloads are free of corrupting computer codes including, but not limited to, viruses and worms.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), TO THE FULLEST EXTENT PERMISSIBLE BY LAW FOR: (A) THE USE OR THE INABILITY TO USE THE WEBSITE, SERVICES, CONTENT, ANY THIRD PARTY PRODUCTS THAT YOU MAY RECEIVE FROM ONE OF OUR THIRD PARTY PROVIDERS, AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH THE WEBSITE; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION AND/OR SERVICES PURCHASED OR OBTAINED FROM, OR TRANSACTIONS ENTERED INTO THROUGH, THE WEBSITE; (C) THE FAILURE TO QUALIFY FOR THE, SERVICES OR THIRD PARTY PRODUCTS FROM ANY OF OUR THIRD PARTY PROVIDERS, OR ANY SUBSEQUENT DENIAL OF THIRD PARTY PRODUCTS FROM SAME; (D) THE UNAUTHORIZED ACCESS TO, OR ALTERATION OF, YOUR REGISTRATION DATA; AND (E) ANY OTHER MATTER RELATING TO THE INABILITY TO USE THE WEBSITE, SERVICES, CONTENT, ANY THIRD PARTY PRODUCTS THAT YOU MAY RECEIVE FROM ONE OF OUR THIRD PARTY PROVIDERS, AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH THE WEBSITE. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS AND ANY AND ALL OTHER TORTS. YOU HEREBY RELEASE US AND ALL OF OUR THIRD PARTY PROVIDERS FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATION STATED HEREIN. IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATION, OUR MAXIMUM LIABILITY TO YOU UNDER ANY AND ALL CIRCUMSTANCES WILL BE FIVE HUNDRED DOLLARS ($500.00). THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND US. THE INABILITY TO USE THE WEBSITE, SERVICES, CONTENT, ANY THIRD PARTY PRODUCTS THAT YOU MAY RECEIVE FROM ONE OF OUR THIRD PARTY PROVIDERS, AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH THE WEBSITE WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS.
You agree to indemnify and hold us, our parents, subsidiaries and affiliates, and each of their respective members, officers, directors, employees, agents, co-branders and/or other partners, harmless from and against any and all claims, expenses (including reasonable attorneys’ fees), damages, suits, costs, demands and/or judgments whatsoever, made by any third party due to or arising out of: (a) your use of the Website, Services, or Content; (b) your breach of the Agreement; and/or (c) your violation of any rights of another individual and/or entity. The provisions of this paragraph are for our and the benefit of, each of our parents, subsidiaries and/or affiliates, and each of their respective officers, directors, members, employees, agents, shareholders, licensors, suppliers and/or attorneys. Each of these individuals and entities shall have the right to assert and enforce these provisions directly against you on its own behalf.
THIRD PARTY WEBSITES
The Website may provide links to and/or refer you to other Internet websites and/or resources including, but not limited to, those owned and operated by Third Party Providers. Because we have no control over such third party websites and/or resources, you hereby acknowledge and agree that we are not responsible for the availability of such third party websites and/or resources. Furthermore, we do not endorse, and are not responsible or liable for, any terms and conditions, privacy policies, content, advertising, services, products and/or other materials at or available from such third party websites or resources, or for any damages and/or losses arising therefrom.
Any attempt by any individual, whether or not our customer, to damage, destroy, tamper with, vandalize and/or otherwise interfere with the operation of the Website, is a violation of criminal and civil law and we will diligently pursue any and all remedies in this regard against any offending individual or entity to the fullest extent permissible by law and in equity.
CHOICE OF LAW AND VENUE
This Agreement shall be governed by and construed in all respects in accordance with the laws of the UK. The Parties will attempt in good faith to negotiate a settlement to any claim or dispute between them arising out of or in connection with this Agreement. If the Parties fail to agree on the terms of settlement, the Parties will submit the dispute exclusively to confidential arbitration proceedings by a sole arbitrator under the ICC rules in London whose decision shall be final and binding. Neither party shall be allowed to file a claim with its local court of domicile or any other forum.
Data Protection Addendum
This Data Protection Addendum ("Addendum") forms part of our Terms and Conditions ("Principal Agreement").
The terms used in this Addendum shall have the meanings set forth in this Addendum. Capitalized terms not otherwise defined herein shall have the meaning given to them in the Agreement. Except as modified below, the terms of the Agreement shall remain in full force and effect.
In consideration of the mutual obligations set out herein, the parties hereby agree that the terms and conditions set out below shall be added as an Addendum to the Agreement. Except where the context requires otherwise, references in this Addendum to the Agreement are to the Agreement as amended by, and including, this Addendum.
1.1. In this Addendum, the following terms shall have the meanings set out below and cognate terms shall be construed accordingly:
1.1.1. "Applicable Laws" means (a) European Union or Member State laws with respect to any Personal Data in respect of which the data subject is subject to EU Data Protection Laws; and (b) any other applicable law with respect to any Personal Data which is subject to any other Data Protection Laws;
1.1.2. "Controller" means the entity that determines the purposes and means of the processing of Personal Data.
1.1.3. "Data Protection Laws" means EU Data Protection Laws and, to the extent applicable, the data protection or privacy laws of any other country;
1.1.4. "EU Data Protection Laws" means EU Directive 95/46/EC, as transposed into domestic legislation of each Member State and as amended, replaced or superseded from time to time, including by the GDPR and laws implementing or supplementing the GDPR;
1.1.5. "GDPR" means EU General Data Protection Regulation 2016/679;
1.2. The terms, "Data Subject", "Member State", "Personal Data", "Personal Data Breach", and "Processing" shall have the same meaning as in the GDPR, and their cognate terms shall be construed accordingly.
2. Collection and Processing of Personal Data
2.1. we shall:
2.1.1. comply with all applicable Data Protection Laws in the Processing of Personal Data;
2.1.2. represents and warrants that it:
18.104.22.168. has all necessary permissions and consents from the relevant data subjects on behalf of we in accordance with the Applicable Laws to lawfully allow we to collect, process and share Personal Data via the Services for the purposes contemplated by the Agreement including this Addendum.
22.214.171.124. shall at all times make available a mechanism for obtaining such consent from data subjects and a mechanism for data subjects to withdraw such consent, all in accordance with the Applicable Laws.
126.96.36.199. shall maintain a record and notify of all consent and withdrawal of consent of data subjects in accordance with the Applicable Laws.
188.8.131.52. acknowledges not to provide the Services to children under the age of eighteen (18).
3.1. Taking into account the state of the art, the costs of implementation and the nature, scope, context and purposes of Processing as well as the risk of varying likelihood and severity for the rights and freedoms of natural persons, we shall implement appropriate technical and organizational measures to ensure a level of security appropriate to that risk, including, as appropriate, the measures referred to in Article 32(1) of the GDPR.
3.2. In assessing the appropriate level of security, we shall take account in particular of the risks that are presented by Processing, in particular from a Personal Data Breach.
4.1. Each Website User authorises us to appoint (and permit each Subprocessor appointed in accordance with this section to appoint) Subprocessors in accordance with this section and any restrictions in the Agreement.
4.2. With respect to each Subprocessor appointed by us, we shall ensure that the arrangement between us and the Subprocessor, is governed by a written contract including terms which offer at least the same level of protection for Personal Data as those set out in this Addendum and meet the requirements of article 28(3) of the GDPR;
5.Data Subject Rights
Taking into account the nature of the Processing, we shall assist wherever possible, to respond to requests to exercise Data Subject rights under the Data Protection Laws.
6. Personal Data Breach
6.1. We shall immediately inform the Data Subject without undue delay, upon becoming aware of a Personal Data Breach affecting the Data Subject's Personal Data, to inform Data Subjects of the Personal Data Breach under the Data Protection Laws. We shall also assist in the investigation, mitigation and remediation of each such Personal Data Breach.
7.1. The parties to this Addendum hereby submit to the choice of jurisdiction stipulated in the Agreement with respect to any disputes or claims howsoever arising under this Addendum, including disputes regarding its existence, validity or termination or the consequences of its nullity; and this Addendum and all non-contractual or other obligations arising out of or in connection with it are governed by the laws of the country or territory stipulated for this purpose in the Agreement.
7.2. Should any provision of this Addendum be invalid or unenforceable, then the remainder of this Addendum shall remain valid and in force. The invalid or unenforceable provision shall be either (i) amended as necessary to ensure its validity and enforceability, while preserving the parties’ intentions as closely as possible or, if this is not possible, (ii) construed in a manner as if the invalid or unenforceable part had never been contained therein.
IN WITNESS WHEREOF, this Addendum is entered into and becomes a binding part of the Agreement with effect from the date first set out above.