TERMS OF USE
Last
updated April 07,
2022
TABLE
OF
CONTENTS
These Terms of Use constitute a legally binding agreement made between you, whether personally or
on behalf of an entity (“you”) and Seekers (Janiko Naber)
("
Company
," “we,"
“us," or “our”), concerning your
access to and use of the platform, including, without limitation, the
website https://seekers.app,
the Apps as well as any other media form, media channel, mobile website
or mobile application related, linked, or otherwise connected thereto
(collectively, the “Site”).
We are registered in
Germany
and have our registered office at Eisenlohrstr. 43
,
Karlsruhe
,
Baden-Württemberg
76135
.
Our VAT number is
DE291475751.
You agree that by accessing SEEKERS, you have read,
understood, and agreed to be bound by all of these Terms of Use.
IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE
EXPRESSLY PROHIBITED FROM USING SEEKERS AND YOU MUST
DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on SEEKERS from time to time
are hereby expressly incorporated herein by reference. We reserve the
right, in our sole discretion, to make changes or modifications to these
Terms of Use from time to time. We will alert you about any changes
by updating the “Last updated” date of these Terms of Use, and you waive
any right to receive specific notice of each such change. Please ensure
that you check the applicable Terms every time you use our Site so that
you understand which Terms apply. You will be subject to, and will be
deemed to have been made aware of and to have accepted, the changes in
any revised Terms of Use by your continued use of SEEKERS after the
date such revised Terms of Use are posted.
The information provided on SEEKERS is not intended for distribution to 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 which would subject us to any
registration requirement within such jurisdiction or country.
Accordingly, those persons who choose to access SEEKERS from other
locations do so on their own initiative and are solely responsible for
compliance with local laws, if and to the extent local laws are
applicable.
SEEKERS is not tailored to comply with industry-specific regulations (Health Insurance
Portability and Accountability Act (HIPAA), Federal Information Security
Management Act (FISMA), etc.), so if your interactions would be
subjected to such laws, you may not use this Site. You may not use the
Site in a way that would violate the Gramm-Leach-Bliley Act
(GLBA).
The
Site is intended for users who are at least 18
years old. Persons under the age of 18 are not
permitted to use or register for the
Site.
2.
INTELLECTUAL PROPERTY
RIGHTS
Unless otherwise indicated, SEEKERS is our proprietary
property and all source code, databases, functionality, software,
website
designs, audio, video, text, photographs, and graphics on SEEKERS
(collectively, the “Content”) and the trademarks, service marks, and
logos
contained therein (the “Marks”) are owned or controlled by us or
licensed to
us, and are protected by copyright and trademark laws and various other
intellectual property rights and unfair competition laws of the United
States, international copyright laws, and international conventions. The
Content and the Marks are provided on the
Site “AS IS” for your information and personal use only. Except as
expressly provided in these Terms
of Use, no part of SEEKERS and no Content or Marks may be copied,
reproduced,
aggregated, republished, uploaded, posted, publicly displayed, encoded,
translated, transmitted, distributed, sold, licensed, or otherwise
exploited
for any commercial purpose whatsoever, without our express prior written
permission.
Provided that you are eligible to use SEEKERS, you are
granted a limited license to access and use SEEKERS and to download or
print a
copy of any portion of the Content to which you have properly gained
access
solely for your personal, non-commercial use. We reserve all rights not
expressly granted to you in and to SEEKERS, the Content and the
Marks.
By
using SEEKERS, you represent and warrant that:
(1)
all registration information you submit
will be true, accurate, current, and
complete; (2)
you will maintain the accuracy of such
information and promptly update such
registration information as necessary
;
(3)
you have the legal capacity and
you agree to comply with these
Terms of Use;
(4) you are not a
minor in the jurisdiction in which you reside
; (5) you will not
access SEEKERS through automated or non-human means, whether
through a bot, script, or otherwise; (6) you will not
use SEEKERS for any illegal or unauthorized purpose; and
(7) your use of
SEEKERS will not violate any applicable law or
regulation.
If
you provide any information that is untrue, inaccurate, not
current, or incomplete, we have the right to suspend or
terminate your account and refuse any and all current or future
use of SEEKERS (or any portion thereof).
You
may be required to register with SEEKERS. You
agree to keep your password confidential and
will be responsible for all use of your account
and password. We reserve the right to remove,
reclaim, or change a username you select if we
determine, in our sole discretion, that such
username is inappropriate, obscene, or otherwise
objectionable.
You
may not access or use SEEKERS for any purpose other than that
for which we make SEEKERS available. SEEKERS may not be used
in connection with any commercial endeavors except those that
are specifically endorsed or approved by us.
As
a user of SEEKERS, you agree not to:
- Systematically
retrieve data or other content from the
Site to create or compile, directly or
indirectly, a collection, compilation,
database, or directory without written
permission from us.
- Trick,
defraud, or
mislead us and
other users,
especially in
any attempt to
learn sensitive
account
information such
as user
passwords.
- Circumvent,
disable, or
otherwise
interfere with
security-related
features of the
Site, including
features that
prevent or
restrict the use
or copying of
any Content or
enforce
limitations on
the use of the
Site and/or the
Content
contained
therein.
- Disparage,
tarnish, or
otherwise harm,
in our opinion,
us and/or the
Site.
- Use
any information
obtained from
SEEKERS in
order to harass,
abuse, or harm
another
person.
- Make
improper use of
our support
services or
submit false
reports of abuse
or
misconduct.
- Use
SEEKERS in a
manner
inconsistent
with any
applicable laws
or
regulations.
- Engage
in unauthorized
framing of or
linking to the
Site.
- Upload
or transmit (or
attempt to
upload or to
transmit)
viruses, Trojan
horses, or other
material,
including
excessive use of
capital letters
and spamming
(continuous
posting of
repetitive
text), that
interferes with
any party’s
uninterrupted
use and
enjoyment of the
Site or
modifies,
impairs,
disrupts,
alters, or
interferes with
the use,
features,
functions,
operation, or
maintenance of
the
Site.
- Engage
in any automated
use of the
system, such as
using scripts to
send comments or
messages, or
using any data
mining, robots,
or similar data
gathering and
extraction
tools.
- Delete
the copyright or
other
proprietary
rights notice
from any
Content.
- Attempt
to impersonate
another user or
person or use
the username of
another
user.
- Upload
or transmit (or
attempt to
upload or to
transmit) any
material that
acts as a
passive or
active
information
collection or
transmission
mechanism,
including
without
limitation,
clear graphics
interchange
formats
(“gifs”), 1×1
pixels, web
bugs, cookies,
or other similar
devices
(sometimes
referred to as
“spyware” or
“passive
collection
mechanisms” or
“pcms”).
- Interfere
with, disrupt,
or create an
undue burden on
SEEKERS or the
networks or
services
connected to the
Site.
- Harass,
annoy,
intimidate, or
threaten any of
our employees or
agents engaged
in providing any
portion of the
Site to
you.
- Attempt
to bypass any
measures of the
Site designed to
prevent or
restrict access
to SEEKERS, or
any portion of
the
Site.
- Copy
or adapt the
Site’s software,
including but
not limited to
Flash, PHP,
HTML,
JavaScript, or
other
code.
- Except
as permitted by
applicable law,
decipher,
decompile,
disassemble, or
reverse engineer
any of the
software
comprising or in
any way making
up a part of the
Site.
- Except
as may be the
result of
standard search
engine or
Internet browser
usage, use,
launch, develop,
or distribute
any automated
system,
including
without
limitation, any
spider, robot,
cheat utility,
scraper, or
offline reader
that accesses
SEEKERS, or
using or
launching any
unauthorized
script or other
software.
- Use
a buying agent
or purchasing
agent to make
purchases on the
Site.
- Make
any unauthorized
use of SEEKERS,
including
collecting
usernames and/or
email addresses
of users by
electronic or
other means for
the purpose of
sending
unsolicited
email, or
creating user
accounts by
automated means
or under false
pretenses.
- Use
SEEKERS as part
of any effort to
compete with us
or otherwise use
SEEKERS and/or
the Content for
any
revenue-generating
endeavor or
commercial
enterprise.
- Sell
or otherwise
transfer your
profile.
-
Publish any non-public
content on social media or other
websites.
6.
USER GENERATED
CONTRIBUTIONS
The
Site may invite you to chat, contribute
to, or participate in blogs, message
boards, online forums, and other
functionality, and may provide you with
the opportunity to create, submit, post,
display, transmit, perform, publish,
distribute, or broadcast content and
materials to us or on SEEKERS,
including but not limited to text,
writings, video, audio, photographs,
graphics, comments, suggestions, or
personal information or other material
(collectively, "Contributions").
Contributions may be viewable by other
users of SEEKERS and through
third-party websites. As such, any
Contributions you transmit may be
treated as non-confidential and
non-proprietary. When you create or make
available any Contributions, you thereby
represent and warrant that:
-
The
creation, distribution,
transmission, public
display, or performance,
and the accessing,
downloading, or copying
of your Contributions do
not and will not
infringe the proprietary
rights, including but
not limited to the
copyright, patent,
trademark, trade secret,
or moral rights of any
third
party.
-
You
are the creator and
owner of or have the
necessary licenses,
rights, consents,
releases, and
permissions to use and
to authorize us, the
Site, and other users of
SEEKERS to use your
Contributions in any
manner contemplated by
SEEKERS and these Terms
of Use.
-
You
have the written consent,
release, and/or permission of
each and every identifiable
individual person in your
Contributions to use the name or
likeness of each and every such
identifiable individual person
to enable inclusion and use of
your Contributions in any manner
contemplated by SEEKERS and
these Terms of Use.
-
Your
Contributions are not false,
inaccurate, or
misleading.
-
Your
Contributions are not
unsolicited or unauthorized
advertising, promotional
materials, pyramid schemes,
chain letters, spam, mass
mailings, or other forms of
solicitation.
-
Your
Contributions are not obscene,
lewd, lascivious, filthy,
violent, harassing, libelous,
slanderous, or otherwise
objectionable (as determined by
us).
-
Your
Contributions do not ridicule,
mock, disparage, intimidate, or
abuse anyone.
-
Your
Contributions are not used to
harass or threaten (in the legal
sense of those terms) any other
person and to promote violence
against a specific person or
class of people.
-
Your
Contributions do not violate any
applicable law, regulation, or
rule.
-
Your
Contributions do not violate the
privacy or publicity rights of
any third party.
-
Your
Contributions do not violate any
applicable law concerning child
pornography, or otherwise
intended to protect the health
or well-being of minors.
-
Your
Contributions do not include any
offensive comments that are
connected to race, national
origin, gender, sexual
preference, or physical
handicap.
-
Your
Contributions do not otherwise
violate, or link to material
that violates, any provision of
these Terms of Use, or any
applicable law or
regulation.
Any
use of SEEKERS in violation of the
foregoing violates these Terms of Use
and may result in, among other things,
termination or suspension of your rights
to use SEEKERS.
By
posting your Contributions to any part
of SEEKERS
, you automatically grant,
and you represent and warrant
that you have the right to
grant, to us an unrestricted,
unlimited, irrevocable,
perpetual, non-exclusive,
transferable, royalty-free,
fully-paid, worldwide right, and
license to host, use, copy,
reproduce, disclose, sell,
resell, publish, broadcast,
retitle, archive, store, cache,
publicly perform, publicly
display, reformat, translate,
transmit, excerpt (in whole or
in part), and distribute such
Contributions (including,
without limitation, your image
and voice) for any purpose,
commercial, advertising, or
otherwise, and to prepare
derivative works of, or
incorporate into other works,
such Contributions, and grant
and authorize sublicenses of the
foregoing. The use and
distribution may occur in any
media formats and through any
media channels.
This
license will apply to any form, media,
or technology now known or hereafter
developed, and includes our use of your
name, company name, and franchise name,
as applicable, and any of the
trademarks, service marks, trade names,
logos, and personal and commercial
images you provide. You waive all moral
rights in your Contributions, and you
warrant that moral rights have not
otherwise been asserted in your
Contributions.
We
do not assert any ownership over your
Contributions. You retain full ownership
of all of your Contributions and any
intellectual property rights or other
proprietary rights associated with your
Contributions. We are not liable for any
statements or representations in your
Contributions provided by you in any
area on SEEKERS. You are solely
responsible for your Contributions to
SEEKERS and you expressly agree to
exonerate us from any and all
responsibility and to refrain from any
legal action against us regarding your
Contributions.
We
have the right, in our sole and absolute discretion, (1) to
edit, redact, or otherwise change any Contributions; (2) to
re-categorize any Contributions to place them in more
appropriate locations on SEEKERS; and (3) to pre-screen or
delete any Contributions at any time and for any reason, without
notice. We have no obligation to monitor your Contributions.
8.
GUIDELINES FOR
REVIEWS
We
may provide you areas on SEEKERS to leave reviews or ratings.
When posting a review, you must comply with the following
criteria: (1) you should have firsthand experience with the
person/entity being reviewed; (2) your reviews should not
contain offensive profanity, or abusive, racist, offensive, or
hate language; (3) your reviews should not contain
discriminatory references based on religion, race, gender,
national origin, age, marital status, sexual orientation, or
disability; (4) your reviews should not contain references to
illegal activity; (5) you should not be affiliated with
competitors if posting negative reviews; (6) you should not make
any conclusions as to the legality of conduct; (7) you may not
post any false or misleading statements; and (8) you may not
organize a campaign encouraging others to post reviews, whether
positive or negative.
We
may accept, reject, or remove reviews in our sole discretion. We
have absolutely no obligation to screen reviews or to delete
reviews, even if anyone considers reviews objectionable or
inaccurate. Reviews are not endorsed by us, and do not
necessarily represent our opinions or the views of any of our
affiliates or partners. We do not assume liability for any
review or for any claims, liabilities, or losses resulting from
any review. By posting a review, you hereby grant to us a
perpetual, non-exclusive, worldwide, royalty-free, fully-paid,
assignable, and sublicensable right and license to reproduce,
modify, translate, transmit by any means, display, perform,
and/or distribute all content relating to reviews.
9.
MOBILE APPLICATION
LICENSE
If you access the
Site via a mobile application, then we grant you
a revocable, non-exclusive,
non-transferable, limited right to install and
use the mobile application on
wireless electronic devices owned or controlled
by you, and to access and use
the mobile application on such devices strictly
in accordance with the terms
and conditions of this mobile application
license contained in these Terms of Use.
You shall not: (1) except as permitted by
applicable law, decompile, reverse engineer,
disassemble, attempt to derive
the source code of, or decrypt the application;
(2) make any modification,
adaptation, improvement, enhancement,
translation, or derivative work from the
application; (3) violate any applicable laws,
rules, or regulations in
connection with your access or use of the
application; (4) remove, alter, or
obscure any proprietary notice (including any
notice of copyright or trademark)
posted by us or the licensors of the
application; (5) use the application for
any revenue generating endeavor, commercial
enterprise, or other purpose for
which it is not designed or intended; (6) make
the application available over a
network or other environment permitting access
or use by multiple devices or
users at the same time; (7) use the application
for creating a product,
service, or software that is, directly or
indirectly, competitive with or in
any way a substitute for the application; (8)
use the application to send
automated queries to any website or to send any
unsolicited commercial e-mail;
or (9) use any proprietary information or any of
our interfaces or our other
intellectual property in the design,
development, manufacture, licensing, or
distribution of any applications, accessories,
or devices for use with the
application.
Apple
and Android Devices
The following terms apply when you use a mobile
application obtained from either the Apple Store
or Google Play (each an “App Distributor”) to
access SEEKERS: (1) the license granted to you
for our mobile application is limited to a
non-transferable license to use the application
on a device that utilizes the Apple iOS or
Android operating systems, as applicable, and in
accordance with the usage rules set forth in the
applicable App Distributor’s terms of service;
(2) we are responsible for providing any
maintenance and support services with respect to
the mobile application as specified in the terms
and conditions of this mobile application
license contained in these Terms of Use or as
otherwise required under applicable law, and you
acknowledge that each App Distributor has no
obligation whatsoever to furnish any maintenance
and support services with respect to the mobile
application; (3) in the event of any failure of
the mobile application to conform to any
applicable warranty, you may notify the
applicable App Distributor, and the App
Distributor, in accordance with its terms and
policies, may refund the purchase price, if any,
paid for the mobile application, and to the
maximum extent permitted by applicable law, the
App Distributor will have no other warranty
obligation whatsoever with respect to the mobile
application; (4) you represent and warrant that
(i) you are not located in a country that is
subject to a U.S. government embargo, or that
has been designated by the U.S. government as a
“terrorist supporting” country and (ii) you are
not listed on any U.S. government list of
prohibited or restricted parties; (5) you must
comply with applicable third-party terms of
agreement when using the mobile application,
e.g., if you have a VoIP application, then you
must not be in violation of their wireless data
service agreement when using the mobile
application; and (6) you acknowledge and agree
that the App Distributors are third-party
beneficiaries of the terms and conditions in
this mobile application license contained in
these Terms of Use, and that each App
Distributor will have the right (and will be
deemed to have accepted the right) to enforce
the terms and conditions in this mobile
application license contained in these Terms of
Use against you as a third-party beneficiary
thereof.
10.
SUBMISSIONS
You acknowledge and agree that any questions,
comments, suggestions, ideas, feedback, or other information regarding
SEEKERS ("Submissions") provided by you to us are non-confidential and
shall become our sole property. We shall own exclusive rights, including
all intellectual property rights, and shall be entitled to the
unrestricted use and dissemination of these Submissions for any lawful
purpose, commercial or otherwise, without acknowledgment or compensation
to you. You hereby waive all moral rights to any such Submissions, and
you hereby warrant that any such Submissions are original with you or
that you have the right to submit such Submissions. You agree there
shall be no recourse against us for any alleged or actual infringement
or misappropriation of any proprietary right in your
Submissions.
11.
THIRD-PARTY WEBSITE AND CONTENT
SEEKERS may contain (or you may be sent via SEEKERS)
links to other websites ("Third-Party Websites") as well as articles,
photographs, text, graphics, pictures, designs, music, sound, video,
information, applications, software, and other content or items belonging to or
originating from third parties ("Third-Party Content"). Such Third-Party
Websites and Third-Party Content are not investigated, monitored, or checked for
accuracy, appropriateness, or completeness by us, and we are not responsible for
any Third-Party Websites accessed through SEEKERS or any Third-Party Content
posted on, available through, or installed from SEEKERS, including the content,
accuracy, offensiveness, opinions, reliability, privacy practices, or other
policies of or contained in the Third-Party Websites or the Third-Party Content.
Inclusion of, linking to, or permitting the use or installation of any
Third-Party Websites or any Third-Party Content does not imply approval or
endorsement thereof by us. If you decide to leave SEEKERS and access the
Third-Party Websites or to use or install any Third-Party Content, you do so at
your own risk, and you should be aware these Terms of Use no longer govern. You
should review the applicable terms and policies, including privacy and data
gathering practices, of any website to which you navigate from SEEKERS or
relating to any applications you use or install from SEEKERS. Any purchases you
make through Third-Party Websites will be through other websites and from other
companies, and we take no responsibility whatsoever in relation to such
purchases which are exclusively 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 shall hold us harmless from any harm caused by your
purchase of such products or services. Additionally, you shall hold us harmless
from any losses sustained by you or harm caused to you relating to or resulting
in any way from any Third-Party Content or any contact with Third-Party
Websites.
We allow advertisers to display their advertisements
and other information in certain areas of the
Site, such as sidebar advertisements or banner
advertisements. If you are an advertiser, you
shall take full responsibility for any
advertisements you place on SEEKERS and any
services provided on SEEKERS or products sold
through those advertisements. Further, as an
advertiser, you warrant and represent that you
possess all rights and authority to place
advertisements on SEEKERS, including, but not
limited to, intellectual property rights,
publicity rights, and contractual rights.
We simply provide the space to place such advertisements, and we have no other
relationship with advertisers.
We reserve the
right, but not the obligation, to: (1) monitor SEEKERS for violations of
these Terms of Use; (2) take appropriate legal action against anyone who, in
our sole discretion, violates the law or these Terms of Use, including without
limitation, reporting such user to law enforcement authorities; (3) in our sole
discretion and without limitation, refuse, restrict access to, limit the
availability of, or disable (to the extent technologically feasible) any of
your Contributions or any portion thereof; (4) in our sole discretion and
without limitation, notice, or liability, to remove from SEEKERS or otherwise
disable all files and content that are excessive in size or are in any way
burdensome to our systems; and (5) otherwise manage SEEKERS in a manner
designed to protect our rights and property and to facilitate the proper
functioning of SEEKERS.
14.
PRIVACY POLICY
We care about data privacy and security. Please
review our
Privacy
Policy
.
By using SEEKERS, you agree to be bound by our Privacy
Policy, which is incorporated into these Terms of Use.
Please be advised SEEKERS is hosted in Germany. If you access SEEKERS from any other region of
the world with laws or other requirements governing
personal data collection, use, or disclosure that differ
from applicable laws in Germany, then through your continued use of SEEKERS,
you are transferring your data to Germany, and you agree to have your data transferred to
and processed in Germany.
These
Terms of Use shall remain in full force and effect while you use SEEKERS.
WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT
TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND
USE OF SEEKERS (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY
REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY
REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY
APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE
SITE OR DELETE
YOUR ACCOUNT AND
ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME,
WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate
or suspend your account for any reason, you are prohibited from registering and
creating a new account under your name, a fake or borrowed name, or the name of
any third party, even if you may be acting on behalf of the third party. In
addition to terminating or suspending your account, we reserve the right to
take appropriate legal action, including without limitation pursuing civil,
criminal, and injunctive redress.
16.
MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the
contents of SEEKERS at any time or for any reason at our sole discretion
without notice. However, we have no obligation to update any information on our
Site. We also reserve the right to modify or discontinue all or part of SEEKERS
without notice at any time. We will not be liable to you or any third party for
any modification, price change, suspension, or discontinuance of the
Site.
We cannot guarantee
SEEKERS will be available at all times. We may experience hardware, software,
or other problems or need to perform maintenance related to SEEKERS, resulting
in interruptions, delays, or errors. We
reserve the right to change, revise, update, suspend, discontinue, or otherwise
modify SEEKERS at any time or for any reason without notice to you. You agree
that we have no liability
whatsoever for any loss, damage, or inconvenience caused by your inability to
access or use SEEKERS during any downtime or discontinuance of SEEKERS.
Nothing in these Terms of Use will be
construed to obligate us to maintain and support SEEKERS or to supply any
corrections, updates, or releases in connection therewith.
These
conditions are governed by and interpreted following the laws of
Germany
,
and the use of the United Nations Convention of
Contracts for the International Sale of Goods is expressly excluded. If
your habitual residence is in the EU, and you are a consumer, you
additionally possess the protection provided to you by obligatory
provisions of the law of your country of residence. Janiko Naber and yourself both agree to
submit to the non-exclusive jurisdiction of the courts of Karlsruhe, which means that you may make
a claim to defend your consumer protection rights in regards to these
Conditions of Use in
Germany
, or in the EU country in which you reside.
To
expedite resolution and control the cost of any
dispute, controversy, or claim related to these
Terms of Use (each "Dispute" and collectively,
the “Disputes”) brought by either you or us
(individually, a “Party” and collectively, the
“Parties”), the Parties agree to first attempt
to negotiate any Dispute (except those Disputes
expressly provided below) informally for at
least thirty (30)
days before initiating arbitration. Such
informal negotiations commence upon written
notice from one Party to the other Party.
Any dispute
arising
from the relationships between the Parties to this contract shall be determined
by one arbitrator who will be chosen in accordance with the Arbitration and
Internal Rules of the European Court of Arbitration being part of the European
Centre of Arbitration having its seat in Strasbourg, and which are in force at
the time the application for arbitration is filed, and of which adoption of this
clause constitutes acceptance. The seat of arbitration shall be
Karlsruhe, Germany
.
The language of the proceedings shall be german
. Applicable rules of substantive law shall be the law of
Germany
.
The
Parties agree that any arbitration shall be limited to
the Dispute between the Parties individually. To the
full extent permitted by law, (a) no arbitration shall
be joined with any other proceeding; (b) there is no
right or authority for any Dispute to be arbitrated on a
class-action basis or to utilize class action
procedures; and (c) there is no right or authority for
any Dispute to be brought in a purported representative
capacity on behalf of the general public or any other
persons.
Exceptions to Informal
Negotiations and Arbitration
The
Parties agree that the following Disputes are not
subject to the above provisions concerning informal
negotiations and binding arbitration: (a) any Disputes
seeking to enforce or protect, or concerning the
validity of, any of the intellectual property rights of
a Party; (b) any Dispute related to, or arising from,
allegations of theft, piracy, invasion of privacy, or
unauthorized use; and (c) any claim for injunctive
relief. If this provision is found to be illegal or
unenforceable, then neither Party will elect to
arbitrate any Dispute falling within that portion of
this provision found to be illegal or unenforceable and
such Dispute shall be decided by a court of competent
jurisdiction within the courts listed for jurisdiction
above, and the Parties agree to submit to the personal
jurisdiction of that court.
There may be
information on SEEKERS that contains typographical errors, inaccuracies, or
omissions, including descriptions, pricing, availability, and various other
information. We reserve the right to
correct any errors, inaccuracies, or omissions and to change or update the
information on SEEKERS at any time, without prior notice.
THE PLATFORM, INCLUDING, WITHOUT LIMITATION, THE
WEBSITE, THE APPS AND ALL CONTENT AND SERVICES ACCESSED THROUGH OR VIA THE WEBSITE, THE
APPS OR OTHERWISE (COLLECTIVELY, “SEEKERS”), ARE PROVIDED AS-IS AND AS-AVAILABLE BASIS.
YOU AGREE THAT YOUR USE OF SEEKERS, APP AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO
THE
FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR
IMPLIED, IN CONNECTION WITH SEEKERS AND YOUR USE THEREOF, INCLUDING, WITHOUT
LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT
THE ACCURACY OR COMPLETENESS OF SEEKERS’S CONTENT OR THE CONTENT OF ANY
WEBSITES LINKED TO SEEKERS AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY
FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2)
PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM
YOUR ACCESS TO AND USE OF SEEKERS, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF
OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL
INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION
TO OR FROM SEEKERS, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH
MAY BE TRANSMITTED TO OR THROUGH SEEKERS BY ANY THIRD PARTY, AND/OR (6) ANY
ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF
ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR
OTHERWISE MADE AVAILABLE VIA SEEKERS. WE DO NOT WARRANT, ENDORSE, GUARANTEE,
OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A
THIRD PARTY THROUGH SEEKERS, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE
APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A
PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION 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 JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
21.
LIMITATIONS OF
LIABILITY
IN NO EVENT WILL 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 PROFIT, LOST
REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF SEEKERS, EVEN IF WE
HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED
HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND
REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE
LIMITED TO
THE
AMOUNT PAID, IF ANY, BY YOU TO US
DURING
THE
six
(6)
mONTH
PERIOD
PRIOR TO
ANY
CAUSE OF
ACTION
ARISING
. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO
NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE
EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE
LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS
OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE
ADDITIONAL RIGHTS.
You agree to
defend, indemnify, and hold us harmless, including our subsidiaries,
affiliates, and all of our respective officers, agents, partners, and
employees, from and against any loss, damage, liability, claim, or demand, including
reasonable attorneys’ fees and expenses, made by any third party due to or
arising out of:
(1) your Contributions;
(2) use of SEEKERS; (3) breach of these Terms of Use; (4) any breach of your representations and
warranties set forth in these Terms of Use; (5) your violation of the rights of a third
party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other
user of SEEKERS with whom you connected via SEEKERS. Notwithstanding the foregoing, we
reserve the right, at your expense, to assume the exclusive defense and control of any
matter for which you are required to indemnify us, and you agree to cooperate, at your
expense, with our defense of such claims. We will use reasonable efforts to notify you
of any such claim, action, or proceeding which is subject to this indemnification upon
becoming aware of it.
We will maintain
certain data that you transmit to SEEKERS for the purpose of managing the
performance of SEEKERS, as well as data relating to your use of SEEKERS. Although we
perform regular routine backups
of data, you are solely responsible for all data that you transmit or that
relates to any activity you have undertaken using SEEKERS. You agree
that we shall have no liability to you for any loss or corruption of any such
data, and you hereby waive any right of action against us arising from any such
loss or corruption of such data.
24.
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting SEEKERS, sending us emails, and completing
online forms constitute electronic communications. You consent to receive electronic
communications, and you agree that all agreements, notices, disclosures, and other
communications we provide to you electronically, via email and on SEEKERS, 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 ELECTRONIC DELIVERY
OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA
SEEKERS. You hereby waive any rights or requirements under any statutes, regulations,
rules, ordinances, or other laws in any jurisdiction which require an original signature
or delivery or retention of non-electronic records, or to payments or the granting of
credits by any means other than electronic means.
25.
CALIFORNIA USERS AND
RESIDENTS
If any complaint
with us is not satisfactorily resolved, you can contact the Complaint
Assistance Unit of the Division of Consumer Services of the California
Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N
112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916)
445-1254.
These Terms of Use and any policies or operating rules
posted by us on SEEKERS or in respect to SEEKERS constitute the entire agreement and
understanding between you and us. Our failure to exercise or enforce any right or
provision of these Terms of Use shall not operate as a waiver of such right or
provision. These Terms of Use operate to the fullest extent permissible by law. We may
assign any or all of our rights and obligations to others at any time. We shall not be
responsible or liable for any loss, damage, delay, or failure to act caused by any cause
beyond our reasonable control. If any provision or part of a provision of these Terms of
Use is determined to be unlawful, void, or unenforceable, that provision or part of the
provision is deemed severable from these Terms of Use and does not affect the validity
and enforceability of any remaining provisions. There is no joint venture, partnership,
employment or agency relationship created between you and us as a result of these Terms
of Use or use of SEEKERS. You agree that these Terms of Use will not be construed
against us by virtue of having drafted them. You hereby waive any and all defenses you
may have based on the electronic form of these Terms of Use and the lack of signing by
the parties hereto to execute these Terms of Use.
You are acting, by visiting places or traveling tracks and routes,
at your own responsibility. Respect the trails, environment and the community
you are visiting.
In order to resolve a complaint regarding SEEKERS or
to receive further information regarding use of SEEKERS, please contact us at:
Janiko Naber
Marienstr. 21
Karlsruhe
,
Baden-Württemberg
76137
Germany
info@seekers.app