APPLICABLE TERMS
These Terms are effective as of the date set forth above.
Our Store reserves the right to modify these Terms at any time, and such terms will become effective upon thirty (30) days. Any use of the Site after these Terms have been modified shall be deemed acceptance of the Terms then in effect. Our Store employees do not have the right to modify these Terms orally or otherwise. You can reject any modified version of the Terms by discontinuing use of the Site. The Terms will survive and remain in full force and effect, and apply to, any event, conduct, transaction or occurrence taking place before any such discontinued use of the Site or related services.
These Terms may be supplemented by additional legal notices, rules and/or terms and conditions applicable to other digital services that Our Store may provide in its sole discretion, including a mobile app, a customer loyalty program and promotions, contests and sweepstakes (“Additional Terms”), which may be incorporated into these Terms by reference (in which case, these Terms and such incorporated Additional Terms shall collectively constitute these Terms). Your use of any such other services confirms your unconditional acceptance of the applicable Additional Terms and, as the case may be, these Terms. Nothing in such Additional Terms shall nullify, amend or otherwise modify any of the terms in these Terms unless expressly provided in such Additional Terms. In the event of a conflict between these Terms and any Additional Terms, the Additional Terms shall govern and apply but only with respect to your use of the services to which the Additional Terms specifically apply.
Our Store controls and operates the Site from its offices based in the Germany and Our Store makes no representation that the Site is appropriate or available for use outside of the Germany or certain Germany Territories. If you use the Site from locations outside of the Germany, you are doing so on your own initiative and are responsible for compliance with applicable laws and regulations regarding your access and/or use of the Site. The Site may describe products and/or services that are available only in the Germany or in certain Germany Territories. Our Store reserves the right to limit the availability of the Site and/or the provision of any Site Content (as defined below), feature, product or service described or made available on the Site to any person, geographic area or jurisdiction at any time and in our sole discretion.
OPERATION OF SITE
Our Store controls and operates the Site from its offices based in the Germany and Our Store makes no representation that the Site is appropriate or available for use outside of the Germany or certain Germany Territories. If you use the Site from locations outside of the Germany, you are doing so on your own initiative and are responsible for compliance with applicable laws and regulations regarding your access and/or use of the Site. The Site may describe products and/or services that are available only in the Germany or in certain Germany Territories. Our Store reserves the right to limit the availability of the Site and/or the provision of any Site Content (as defined below), feature, product or service described or made available on the Site to any person, geographic area or jurisdiction at any time and in our sole discretion.
ACCESS TO SITE; SITE CONTENT; LIMITED LICENSE
we grant you a personal, non-exclusive, non-transferable, limited right to create a hyperlink to the Site so long as the link does not portray Our Store or its products or services in a false, misleading, derogatory or otherwise offensive manner.
Subject to these Terms, these rights do not give you any intellectual property interest in any Site Content (excluding your User Generated Content). When accessing and/or using the Site, you must respect the intellectual property rights and other rights of Our Store and our parents, subsidiaries, affiliates and our respective partners, licensors and service providers and other third parties, as the case may be. Your unauthorized use of Site Content may violate intellectual property, unfair competition rights and laws and/or other laws, and/or rights of persons or companies, and any such use may result in your personal liability, including potential criminal liability.
The Site may contain links to and/or functionality interacting with third party websites that are not owned, operated or controlled by (“Third Party Sites”). Third Party Sites may include sites operated by advertisers, licensors, licensees and other third parties who may have a business relationship with Our Store. Such links and/or functionalities are provided for your convenience. If you use such links and/or functionalities, you may leave the Site. Our Store does not have any control over the content, materials or other information located on or accessible from Third Party Sites and we do not endorse or assume responsibility or any obligation for any such content, materials or other information. We do not guarantee that these links and/or functionalities will be available or error-free, uninterrupted or free from any viruses, Trojan horses, spyware or any other technologies or malicious or technologically harmful code that could impact the operation of the Site or any Device. We do not guarantee that these links and/or functionalities will meet your requirements. We are not responsible for the availability of these other websites or your access to or use of them. IF YOU DECIDE TO ACCESS ANY THIRD PARTY SITE TO OR FROM THE SITE, YOU DO SO ENTIRELY AT YOUR OWN RISK.
“User Generated Content” or “UGC” refers to all information, comments, photos, captions, descriptions or other content that you provide to Our Store to post and/or post or otherwise transmit yourself to the Site. User Generated Content includes, but is not limited to, profile information, reviews, comments, photos and messages. User Generated Content may be viewable by the public. You are solely responsible for your User Generated Content. Consistent with the license granted below, you acknowledge that Our Store may not pre-screen or approve User Generated Content, but that Our Store reserves the right to review and monitor User Generated Content on the Site and to edit and/or remove any User Generated Content for any reason.
By submitting User Generated Content, you represent and warrant that:
such UGC is your original work and has not been copied from others and that you own or otherwise control all of the rights to the UGC;
you believe, in good faith, that the UGC is true and accurate;
you understand, acknowledge and agree that your UGC will be treated by Our Store as non-confidential;
your UGC will not be deceptive, misleading, fraudulent, unlawful, threatening, defamatory, libelous, obscene, pornographic or profane;
your UGC has not been previously published for commercial purposes;
you have permission to use the name or likeness of any person featured in your UGC;
your UGC does not violate any rights of any other person or company (including, but not limited to, copyrights, trademark rights, rights of privacy and publicity);
the publication of your UGC will not infringe on the rights of any other person or company (including, but not limited to, copyrights and trademark rights);
your UGC does not and will not violate these Terms and will not cause injury or harm to any person or company; and
you understand, acknowledge and agree that you will not receive any fees or any other consideration for your UGC or for the rights you grant herein in relation to your UGC.
By submitting User Generated Content, except as otherwise prohibited by law:
you grant Our Store and our parents, subsidiaries, affiliates and our respective partners, licensors and service providers an exclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, creative derivative works from, distribute and display, through the world in any media, any and all such UGC;
you grant Our Store the right to use your name, alias, persona and likeness in connection with your UGC; and
you waive, and hereby agree to waive, any moral rights (including attribution and integrity) that you may have in any UGC, even if it is altered or changed in a manner that is not agreeable to you.
Your User Generated Content must conform to the following guidelines:
UGC must be in a format acceptable to the requirements for submission on the Site.
UGC must not have been generated by automated or like methods of submission.
UGC must not contain any viruses, Trojan horses, spyware or any other technologies or malicious or technologically harmful code that could impact the operation of the Site or any Device or any user’s access and/or use of the Site.
UGC should limit disclosure of your personally identifiable information and must not contain any other person’s personally identifiable information.
UGC must not include anything that is unlawful, obscene, offensive, provocative, sexually explicit, pornographic, violent, discriminatory or otherwise objectionable.
UGC must not promote alcohol, illegal drugs, tobacco or firearms/weapons (or use of any of the foregoing).
UGC must not be used to engage in, or advocate for, harassment of, personal attacks on, or gossip or similar actions regarding any other person, group of persons or company.
UGC must not promote any activities that are unlawful or appear to be unsafe or dangerous.
UGC must not promote use or maintenance of a product in any manner which is contrary to that stipulated or provided by the product’s manufacturers, distributors or suppliers.
UGC must not defame, misrepresent or contain disparaging remarks about Our Store or its products or services or other persons or companies or their products and/or services.
UGC should not promote any particular political agenda or message.
UGC should not communicate messages or images inconsistent with the positive images and/or goodwill to which Our Store wishes to associate.
You or Our Store may suspend or terminate your access and/or use of the Site at any time for any reason or no reason. You are solely responsible for any of your activity on the Site prior to any such suspension or termination. The Terms will survive and remain in full force and effect after any such suspension or discontinuation of your access and/or use of the Site.
Our Store reserves the right to change, suspend or discontinue any or all aspects of the Site at any time without notice. The Terms will survive and remain in full force and effect after any such change, suspension or discontinuation of any or all aspects of the Site.
Nothing in these Terms constitutes a representation that the Site will be available to you for your access and/or use.
USE RESTRICTIONS
access and/or use the Site or Site Content in any way that violates any applicable federal, state, local or international law or regulation;
modify any of the Site Content, other than by submitting User Generated Content in accordance with these Terms;
engage in any conduct that restricts or inhibits any other person’s use of the Site or which, as determined by Our Store, may harm Our Store or users of the Site or expose them to harm or liability;
create or maintain any link from another website to any page on the Site;
use the Site for any political agenda or purposes;
use the Site for any commercial purposes (including, without limitation, for the purposes of advertising, soliciting funds, collecting product prices and selling products);
impersonate or attempt to impersonate another person when accessing and/or using the Site;
collect any data or information regarding users of the Site and/or their Devices, including usernames, personal information, preferences, email addresses or account information;
use the Site in any manner that could disable, overburden, damage or impair the Site or interfere with any other person’s use of the Site, including their ability to engage in real time activities through the Site;
reverse engineer, decompile, disassemble, reverse assemble or modify any Site source or object code or any software or other products, services or processes accessible through the Site;
test the vulnerability of the Site or any network connected to the Site;
interfere with or circumvent any security feature of the Site or any feature that restricts or enforces limitations on use of or access to the Site or the Site Content;
use any automatic device, process or means to access the Site for any purpose, including monitoring or copying any of the Site Content;
use any device, software or routine that interferes with the proper working of the Site;
introduce any viruses, Trojan horses, spyware or any other technologies or malicious or technologically harmful code that could impact the operation of the Site or any Device;
attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer or database connected to the Site; or
otherwise engage in any other conduct that is detrimental to the use and enjoyment of the Site.
