Terms of service

Effective 24th May, 2018

Welcome to vinitatemmert.com (together with its affiliates, "We", “Us", or the "Company"). We are excited to have you as a user and as a customer. We’d like you to know that the following terms and conditions (collectively, these "Terms of Service") apply to your use of AcuityScheduling.com (the “Site”), including all related web sites, downloadable software, mobile applications (including tablet applications), and other services provided by us, or any digital media on which a link to this Privacy Policy is displayed, and all other communications with individuals though written or oral means (such as email or phone) directed at accessing or using any service we offer (together with the Site, the “Service”).

The Terms of Service also include our Privacy Policy, which you can review here: https://www.vinitatemmert.com/privacy-policy

We want to keep our relationship with you as lean and informal as possible, but please read the Terms of Service carefully before you start using services of vinitatemmert.com, because by using the Site you accept and agree to be bound and abide by these Terms of Service.

Should you disagree with some of the provisions herein, you can either leave the Site (although we'll be sad to see you go!) or contact us at vinita@temmert.com.  Please keep in mind that this document is a legally binding agreement between you as the user of the Service (referred to as “you”, “your” or “User” hereinafter) and Vinita Temmert.

Terms of Service for Vinita Temmert, vinitatemmert.com, and associated Services

1.     Application and Acceptance of the Terms:

1.     Your use of the Service, and products is subject to these Terms of Service as well as the Privacy Policy and any other rules and policies of the Site that We may publish from time to time. This document and such other rules and policies of the Site are collectively referred to below as the “Terms”. By accessing the Site or using the Service, you agree to accept and be bound by the Terms. Please do not use the Service or the Site if you do not accept all of the Terms.

2.     You may not use the Service and may not accept the Terms if (a) you are not of legal age to form a binding contract with Us, or (b) you are not permitted to receive any Service under the laws of Potsdam, Germany, and/or any other jurisdictions whose laws may apply to your use of the Service.

3.     You acknowledge and agree that We may amend any Terms at any time by posting the relevant amended and restated Terms on the Site. By continuing to use the Service or the Site, you agree that the amended Terms will apply to you.

4.     If vinitatemmert.com posts or provided a translation of the English language version of the Terms, you agree that the translation is provided for convenience only and that the English language version will govern your uses of the Service or the Site.

5.     You may be required to enter into a separate agreement, whether online or offline, with Vinita Temmert or our affiliate for any Service (“Additional Agreements”). If there is any conflict or inconsistency between the Terms and an Additional Agreement, the Additional Agreement shall take precedence over the Terms only in relation to that Service concerned.

6.      If you are in the European Economic Area or Switzerland, you are protected by the data privacy rights of European citizens.

7.     The Terms may not otherwise be modified except in writing by Vinita Temmert or an authorized officer of vinitatemmert.com. 

 

2.     Provision of Service 

1.     Vinita Temmert reserves the right, without prior notice, to restrict access to or use of certain Service (or any features within the Service) to paying Users or subject to other conditions that Vinita Temmert may impose in our discretion.

2.     Service (or any features within the Service) may vary for different regions and countries. No warranty or representation is given that a particular Service or feature or function thereof or the same type and extent of the Service or features and functions thereof will be available for Users. Vinita Temmert may in our sole discretion limit, deny or create different level of access to and use of any Service (or any features within the Service) with respect to different Users.

3.     Vinita Temmert may launch, change, upgrade, impose conditions to, suspend, or stop any Service (or any features within the Service) without prior notice except that in case of a fee-based Service, Users shall be notified prior to any change in such Service.

4.     Some Service may be provided by Vinita Temmert’s affiliates on behalf of Vinita Temmert.

 

3.     Users Generally

1.     As a condition of your access to and use of the Site or Service, you agree that you will comply with all applicable laws and regulations when using the Site or Service.

2.     You agree to use the Site or Service solely for your own private and internal purposes. Use of any content or materials on the Site for any purpose not expressly permitted in the Terms is prohibited.  In addition, you agree that

1.     you will not copy, reproduce, download, re-publish, sell, distribute or resell any Service or any information, text, images, graphics, video clips, sound, directories, files, databases or listings, etc., available on or through the Site (the “Site Content”);

2.     you will not copy, reproduce, download, compile or otherwise use any Site Content for the purposes of operating a business that competes with Vinita Temmert, or otherwise commercially exploit the Site Content; and

3.     you will not engage in any systematic retrieval of Site Content from the Site to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes) without written permission from Vinita Temmert is prohibited.

3.     You must read Vinita Temmert’s Privacy Policy that governs the protection and use of personal information about Users in the possession of Vinita Temmert and our affiliates. You accept the terms of the Privacy Policy and agree to the use of the personal information about you in accordance with the Privacy Policy.

4.     Vinita Temmert may allow Users to access to content, products or services offered by third parties through hyperlinks (in the form of word link, banners, channels or otherwise), API or otherwise to such third parties' website. You should read such websites’ terms and conditions and/or privacy policies before using the Site. You acknowledge that Vinita Temmert has no control over such third parties' websites, does not monitor such websites, and shall not be responsible or liable to anyone for such websites, or any content, products or services made available on such websites.

5.     You agree not to undertake any action to undermine the integrity of the computer systems or networks of Vinita Temmert and/or any other User nor to gain unauthorized access to such computer systems or networks.

6.     You agree not to post any libelous, tortious, infringing, or otherwise illegal content, information, or material on the Site or through the Service.  You further agree that posting such content, information, or material may cause irreparable harm to Vinita Temmert or other Users of the Site, and you shall indemnify Vinita Temmert, its affiliates, directors, employees, agents and representatives against any loss or damages (including but not limited to loss of profits) resulting therefrom

4.     Member Accounts

1.     A User who opt-in to receive email correspondence from Vinita Temmert or the Site may also be referred to as a “Member”

2.     Member agrees that all activities that occur under such Member’s account (including without limitation, posting any company or product information, clicking to accept any Additional Agreements or rules, subscribing to or making any payment for any services, sending emails using the email account or sending SMS) will be deemed to have been authorized by the Member.

3.     Member acknowledges that sharing of Member’s account with other persons, or allowing multiple users outside of Member’s business entity to use Member’s account (collectively, "multiple use"), may cause irreparable harm to Vinita Temmert or other Users of the Site. Member shall indemnify Vinita Temmert, our affiliates, directors, employees, agents and representatives against any loss or damages (including but not limited to loss of profits) suffered as a result of the multiple use of Member’s account.

5.     Member’s Responsibilities

1.     Each Member represents, warrants and agrees that (a) you have full power and authority to accept the Terms, to grant the license and authorization and to perform the obligations hereunder; (b) you use the Site and Service for personal development purposes only; and (c) the address you provide when registering is your principal contact address. For purposes of this provision, a branch or liaison office will not be considered a separate entity and your principal place of business will be deemed to be that of your head office.

2.     Member will be required to provide information or material about your entity, business or products/services as part of the registration process on the Site or your use of any Service or the member account. Each Member represents, warrants and agrees that (a) such information and material whether submitted during the registration process or thereafter throughout the continuation of the use of the Site or Service is true, accurate, current and complete, and (b) you will maintain and promptly amend all information and material to keep it true, accurate, current and complete.

3.     Upon becoming a Member, you consent to provide current contact information about you and authorize Vinita Temmert to use your personal information in accordance with the Privacy Policy for the provision of services.

4.     Each Member represents, warrants and agrees that Member shall:

1.     carry on Member’s activities on the Site in compliance with any applicable laws and regulations;

2.     conduct transactions with the Site in good faith;

3.     carry on Member’s activities in accordance with the Terms and any applicable Additional Agreements;

4.     not use the Service or Site to defraud any person or entity (including without limitation sale of stolen items, use of stolen credit/debit cards);

5.     not impersonate any person or entity, misrepresent Member or Member’s affiliation with any person or entity;

6.     not engage in spamming or phishing;

7.     not engage in any other unlawful activities (including without limitation those which would constitute a criminal offence, give rise to civil liability, etc.) or encourage or abet any unlawful activities;

8.     not involve attempts to copy, reproduce, exploit or expropriate Vinita Temmert’s various proprietary intellectual property, documents, texts, photos and coaching videos

9.     not involve any computer viruses or other destructive devices and codes that have the effect of damaging, interfering with, intercepting or expropriating any software or hardware system, data or personal information;

10.  not involve any scheme to undermine the integrity of the data, systems or networks used by Vinita Temmert and/or any user of the Site or gain unauthorized access to such data, systems or networks;

11.  not engage in any activities that would otherwise create any liability for Vinita Temmert or vinitatemmert.com.

5.     Member may not use the Service and member account to engage in activities which are identical or similar to Vinita Temmert’s Coaching and training business.

6.     Member agrees to provide all necessary information, materials and approval, and render all reasonable assistance and cooperation necessary for Vinita Temmert’s provision of the Service, evaluating whether Member has breached the Terms and/or handling any complaint against the Member. If Member’s failure to do so results in delay in, or suspension or termination of, the provision of any Service, Vinita Temmert shall not be obliged to extend the relevant service period nor shall be liable for any loss or damages arising from such delay, suspension or termination.

7.     Member acknowledges and agrees that Vinita Temmert shall not be required to actively monitor nor exercise any editorial control whatsoever over the content of any message or material or information created, obtained or accessible through the Service or Site. Vinita Temmert does not endorse, verify or otherwise certify the contents of any comments or other material or information made by any Member. Each Member is solely responsible for the contents of their communications and may be held legally liable or accountable for the content of their comments or other material or information

8.     Member acknowledges and agrees that the Service may only be used by individuals for personal use and not for commercial business use.

 

6.     Breaches by Members

1.     Vinita Temmert reserves the right in our sole discretion to remove, modify or reject any information, content or material on the Site you post or display (when posted or displayed by a User, “User Content”).  User Content that you submit to, post or display on the Site which we reasonably believe is unlawful, violates the Terms, could subject Vinita Temmert or our affiliates to liability, or is otherwise found inappropriate in Vinita Temmert’s opinion.

2.     If any Member breaches any Terms or if Vinita Temmert has reasonable grounds to believe that any Member is in breach of any the Terms, Vinita Temmert shall have the right to impose a penalty against the Member, or suspend or terminate the Member’s account or subscription of any Service without any liability to the Member. Vinita Temmert shall also have the right to restrict, refuse or ban any and all current or future use of any other Service that may be provided by Vinita Temmert. The penalties that Vinita Temmert may impose include, among others, warning, removing any product listing or other User Content that the Member has submitted, posted or displayed, imposing restrictions on the number of product listings that the Member may post or display, or imposing restrictions on the Member’s use of any features or functions of any Service for such period as Vinita Temmert may consider appropriate in our sole discretion.

3.     Without limiting the generality of the provisions of the Terms, a Member would be considered as being in breach of the Terms in any of the following circumstances:

1.     Vinita Temmert has reasonable grounds to suspect that such Member has used a stolen credit card or other false or misleading information in any transaction with us,

2.     Vinita Temmert has reasonable grounds to suspect that any information provided by the Member is not current or complete or is untrue, inaccurate, or misleading, or

3.     Vinita Temmert believes that the Member’s actions may cause financial loss or legal liability to Vinita Temmert or our affiliates or any other Users.

4.     Vinita Temmert reserves the right to cooperate fully with governmental authorities, private investigators and/or injured third parties in the investigation of any suspected criminal or civil wrongdoing. Further, and as described in our Privacy Policy, Vinita Temmert may disclose the Member's identity and contact information, if requested by a government or law enforcement body, an injured third party, or as a result of a subpoena or other legal action. Vinita Temmert shall not be liable for damages or results arising from such disclosure, and Member agrees not to bring any action or claim against Vinita Temmert for such disclosure.

5.     If a Member is in breach of the Terms, Vinita Temmert also reserves the right to publish the records of such breach on the Site. If such breach involves or is reasonably suspected of involving dishonest or fraudulent activities, Vinita Temmert also reserves the right to disclose the records of such breach to our affiliates. Such affiliates may impose limitation on, suspend or terminate the Member’s use of all or part of the services provided by such affiliates to the Member, take other remedial actions, and publish the records about the Member’s breach of the Terms on the websites operated by or controlled by such affiliates.

6.     Vinita Temmert may, at any time and in our reasonable discretion, impose limitations on, suspend or terminate the Member’s use of any Service or the Site without being liable to the Member if Vinita Temmert has received notice that the Member is in breach of any agreement or undertaking with any affiliate of Vinita Temmert and such breach involves or is reasonably suspected of involving dishonest or fraudulent activities. Vinita Temmert shall have the right to publish the records of such breach on the Site. Vinita Temmert shall not be required to investigate such breach or request confirmation from the Member.

7.     Each Member agrees to indemnify Vinita Temmert, our affiliates, directors, employees, agents and representatives and to hold them harmless, from any and all damages, losses, claims and liabilities (including legal costs on a full indemnity basis) which may arise from such Member’s submission, posting or display of any User Content, from Member’s use of the Site or Service, or from Member’s breach of the Terms.

8.     Each Member further agrees that Vinita Temmert is not responsible, and shall have no liability to such Member or anyone else, or any User Content or other material transmitted over the Site, including fraudulent, untrue, misleading, inaccurate, defamatory, offensive or illicit material and that the risk of damage from such material rests entirely with each Member. Vinita Temmert reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by the Member, in which event the Member shall cooperate with Vinita Temmert in asserting any available defenses.

7.     Transactions Made Through The Site 

1.     Vinita Temmert provides electronic web-based Coaching, training, products and webinars for exchanging information between Coachees and Coaches and may include a marketplace to facilitate the purchase and sale of affiliate services related to the Service (including services regarding coaching, account setup, configuration, business processes, ongoing business and technical support, and integration of the Service with third-party products and services) offered. 

2.    Users are solely responsible for the implementation and results of Coaching.

5.    In the event that any User has a dispute with any affiliate party to an affiliate transaction, such User agrees to release and indemnify Vinita Temmert (and our agents, other affiliates, directors, officers and employees) from all claims, demands, actions, proceedings, costs, expenses and damages (including without limitation any actual, special, incidental or consequential damages) arising out of or in connection with such transaction.

8.     Limitation of Liability 

1.     TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES PROVIDED BY VINITA TEMMERT ON OR THROUGH THE SITE ARE PROVIDED "AS IS", "AS AVAILABLE" AND “WITH ALL FAULTS”, AND VINITA TEMMERT HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY WARRANTIES OF CONDITION, QUALITY, DURABILITY, PERFORMANCE, ACCURACY, RELIABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ALL SUCH WARRANTIES, REPRESENTATIONS, CONDITIONS, AND UNDERTAKINGS ARE HEREBY EXCLUDED.

2.     TO THE MAXIMUM EXTENT PERMITTED BY LAW, VINITA TEMMERT MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE VALIDITY, ACCURACY, CORRECTNESS, RELIABILITY, QUALITY, STABILITY, COMPLETENESS OR CURRENTNESS OF ANY INFORMATION PROVIDED ON OR THROUGH THE SITE; VINITA TEMMERT DOES NOT REPRESENT OR WARRANT THAT THE MANUFACTURE, IMPORTATION, EXPORT, DISTRIBUTION, OFFER, DISPLAY, PURCHASE, SALE AND/OR USE OF PRODUCTS OR SERVICES OFFERED OR DISPLAYED ON THE SITE DOES NOT VIOLATE ANY THIRD PARTY RIGHTS; AND VINITA TEMMERT MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING ANY PRODUCT OR SERVICE OFFERED OR DISPLAYED ON THE SITE.

3.     Any material downloaded or otherwise obtained through the Site is done at each User's sole discretion and risk and each User is solely responsible for any damage to Vinita Temmert. No advice or information, whether oral or written, obtained by any User from Vinita Temmert or through or from the Site shall create any warranty not expressly stated herein.

4.     The Site may make available to User services or products provided by independent third parties. No warranty or representation is made with regard to such services or products. In no event shall Vinita Temmert and our affiliates be held liable for any such services or products.

5.     Each User hereby agrees to indemnify and hold Vinita Temmert, our affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise from such User's use of the Site or Service or from your breach of any of the terms and conditions of the Terms. Each User hereby further agrees to indemnify and hold Vinita Temmert, our affiliates, directors, officers and employees harmless, from any and all losses, damages, claims, liabilities (including legal costs on a full indemnity basis) which may arise from User's breach of any representations and warranties made by User to Vinita Temmert, including but not limited to those set forth in Section 5 hereunder.

6.     Each User hereby further agrees to indemnify and hold Vinita Temmert, our affiliates, directors, officers and employees harmless, from any and all losses, damages, claims, liabilities (including legal costs on a full indemnity basis) which may arise, directly or indirectly, as a result of any claims asserted by third parties relating to products offered or displayed on the Site. Each User hereby further agrees that Vinita Temmert is not responsible and shall have no liability, for any material posted by others, including defamatory, offensive or illicit material and that the risk of damages from such material rests entirely with each User. Vinita Temmert reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with Vinita Temmert in asserting any available defenses.

7.     Vinita Temmert shall not be liable for any special, direct, indirect, punitive, incidental or consequential damages or any damages whatsoever (including but not limited to damages for loss of profits or savings, business interruption, loss of information), whether in contract, negligence, tort, equity or otherwise or any other damages resulting from any of the following:

1.     the use or the inability to use the Site or Service, including downtime;

2.     any malfunction on the Site or with the Service, including failure to deliver notifications to Users and Members;

3.     any defect in goods, samples, data, information or services purchased or obtained from a User or any other third party through the Site;

4.     unauthorized access by third parties to data or private information of any User;

5.     statements or conduct of any User of the Site, including misleading, malicious, or criminal use of the Service by a User; and

6.     any matters relating to Service however arising, including negligence.

7.     Notwithstanding any of the foregoing provisions, the aggregate liability of Vinita Temmert, our employees, agents, affiliates, representatives or anyone acting on our behalf with respect to each User for all claims arising from the use of the Site or Service during any calendar year shall be limited to the greater of (a) the amount of fees the User has paid to Vinita Temmert or our affiliates during the calendar year and (b) US$100.00. The preceding sentence shall not preclude the requirement by the User to prove actual damages. All claims arising from the use of the Site or Service must be filed within one (1) year from the date the cause of action arose.

 

8.     The limitations and exclusions of liability to you under the Terms shall apply to the maximum extent permitted by law and shall apply whether or not Vinita Temmert has been advised of or should have been aware of the possibility of any such losses arising.

 

9.     Force Majeure
Under no circumstances shall Vinita Temmert be held liable for any delay or failure or disruption of the content or services delivered through the Site resulting directly or indirectly from acts of nature, forces or causes beyond our reasonable control, including without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties. 

 

10.  Intellectual Property Rights 

1.     The Site and its original content, features and functionality (including look!), are owned by Vinita Temmert and are protected by German and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. You agree to not copy, modify, create derivative works of, publicly display, publicly perform, republish, any of our copyrighted material, except to the extent permitted by the Site itself. If you have doubts about whether and how to use of material on the Site, please address your concerns to: vinita@temmert.com

2.     For purposes of these Terms of Service, the term “Content” includes, without limitation, information, data, text, photographs, videos, audio clips, written posts and comments, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Site. For the purposes of these Terms of Service, “Content” also includes all User Content.

3.     Each Member further represents, warrants and agrees that the User Content that you submit, post or display shall:

1.     be true, accurate, complete and lawful; not be false, misleading or deceptive;

2.     not contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable;

3.     not promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;

4.     not violate other Terms or any applicable Additional Agreements

5.     not violate any applicable laws and regulations (including without limitation those governing export control, consumer protection, unfair competition, or false advertising) or promote any activities which may violate any applicable laws and regulations;

6.     not infringe any patent, trademark, trade secret, copyright or other intellectual property rights of any other person.

7.     not violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Service;

8.     not promote any illegal activity, or advocate, promote or assist any unlawful act;

9.     not contain any link directly or indirectly to any other web Site which includes any content that may violate the Terms.

5.     All User Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such User Content. You represent that all User Content provided by you is accurate, complete, up-to-date, and in compliance with all applicable laws, rules and regulations. You acknowledge that all Content, including User Content, accessed by you using the Site is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom. We do not guarantee that any Content you access on or through the Site is or will continue to be accurate.

6.     You hereby grant Vinita Temmert a worldwide, non-exclusive, perpetual, royalty-free, fully paid, sublicensable and transferable license to use, edit, modify, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit any User Content you post, display or provide to Vinita Temmert or our representative(s) in connection with the Site and our (and our successors’ and assigns’) businesses, including without limitation for promoting and redistributing part or all of the Site (and derivative works thereof) in any media formats and through any media channels (including, without limitation, third party websites and feeds). You also hereby do and shall grant each user of the Site a non-exclusive, perpetual license to access your User Content through the Site, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such User Content.

7.     We do not guarantee that any Content will be made available on the Site. We reserve the right to, but do not have any obligation to, (i) remove, edit or modify any Content in our sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if we are concerned that you may have violated these Terms of Service), or for no reason at all and (ii) to remove or block any Content from the Site.

8.     You are permitted to use the Site for your personal, non-commercial use, provided that your activities are lawful and in accordance with these Terms of Service. Prohibited uses include violation of laws and regulations, hacking the Site in any manner, or violating the Content Standards set below. No right, title or interest in or to the Site or any content on the site is transferred to you, and all rights not expressly granted are reserved. Any use of the Site not expressly permitted by these Terms of Service is a breach of these Terms of Service and can lead to account termination.

9.     Vinita Temmert may have independent third parties involved in the provision of the Service (e.g., the authentication and verification service providers). You may not use any trademark, service mark or logo of such independent third parties without prior written approval from such parties.

11.  Notices

1.     All legal notices or demands to or upon Vinita Temmert shall be made in writing and sent to Vinita Temmert by courier, certified mail, or facsimile to the following address: Vinita Temmert, Johann-Strauss-Str. 30, Teltow, 14513, Germany. The notices shall be effective when they are received by Vinita Temmert in any of the above-mentioned manner.

2.     All legal notices or demands to or upon a User shall be effective if either delivered personally, sent by courier, certified mail, by facsimile or email to the last-known correspondence, fax or email address provided by the User to Vinita Temmert, or by posting such notice or demand on an area of the Site that is publicly accessible without a charge. Notice to a User shall be deemed to be received by such User if and when: (a) Vinita Temmert is able to demonstrate that communication, whether in physical or electronic form, has been sent to such User, or (b) immediately upon Vinita Temmert posting such notice on an area of the Site that is publicly accessible without charge.

3.     You agree that all agreements, notices, demands, disclosures and other communications that Vinita Temmert sends to you electronically satisfy the legal requirement that such communication should be in writing. 

12.  Specific Copyright Infringement Notices

1.     We do not undertake to review all material before it is posted on the Site, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. In the unlikely event we receive a disclosure request from an authorized party, we reserve the right to disclose user identities when required to do so by the law, including in response to a law enforcement request supported by a valid court order. You waive and hold harmless the Company from any claims resulting from any action taken by the Company during or as a result of its investigations and from any actions taken as a consequence of investigations by either the Company or law enforcement authorities.

2.     If you believe that any User Content violates your copyright, please follow the procedure set forth by article 512(c) of the DMCA and provide us a written takedown notice including the following information:

1.     A physical or electronic signature of a person authorized 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 at a single online site are covered by a single notification, a representative list of such works at that site.

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 information reasonably sufficient to permit us to locate the material.

4.     Information reasonably sufficient for us to contact you, such as email, address, telephone number.

5.     A statement that you a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.

6.     A statement that the information in the notification is accurate, and under penalty of perjury, that you is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

7.     The notice should be addressed via Certified Mail to c/o Vinita Temmert, Johann-Strauss-Str. 30, 14513, Teltow, Germany

 

13.  Dispute Resolution and Arbitration Agreement

1.     This Dispute Resolution and Arbitration Agreement shall apply if your (i) Country of Residence is in Germany; or (ii) your Country of Residence is not in the United States, but you bring any claim against Vinita Temmert in the United States.

2.     Overview of Dispute Resolution Process. Vinita Temmert is committed to participating in a consumer-friendly dispute resolution process. To that end, these Terms provide for a two-part process for individuals to whom Section 13.1 applies: (1) an informal negotiation directly with Vinita Temmert, and (2) a binding arbitration administered by the the loads of Arbitration in Potsdam, Germany, using its specially designed Consumer Arbitration Rules

14.  General Provisions

1.     Vinita Temmert and you are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by the Terms.

2.     The Terms of Service constitutes the entire agreement between you and Vinita Temmert and govern your use of the service, superseding any prior agreements (including, but not limited to, any prior versions of the Terms of Service). If any provision of these Terms of Service is held by a court of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.

3.     Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.

4.     Vinita Temmert’s failure to enforce any right or failure to act with respect to any breach by you under the Terms will not constitute a waiver of that right nor a waiver of Vinita Temmert’s right to act with respect to subsequent or similar breaches.

5.     Vinita Temmert shall have the right to assign the Terms (including all of our rights, titles, benefits, interests, and obligations and duties in the Terms to any person or entity (including any affiliates of Vinita Temmert). You may not assign, in whole or part, the Terms to any person or entity.

6.     The Terms shall be governed by the laws of Potsdam, Germanywithout regard to its conflict of law provisions. The parties to the Terms hereby submit to the exclusive jurisdiction of the federal and state courts of Potsdam, Germany.