Terms of Service

1. General Conditions and Definitions

1.1. The object of the contractual relationship is the use of this Service and the sites, functions and actions offered as part of the Service, regardless of the domains, systems, platforms (for example, web or Facebook) and devices (for example, the Service is performed.

1.2. You can find information about the service provider at the end of these Terms of Service (ToS).

1.3. Individual agreements and features and the structure of the Service and price quotes arising from descriptions within the Service take precedence over these TOS.

1.4. These General Conditions of Service (hereinafter, "ToS") represent the exclusive basis of all legal relationships established between us and you, related to the use of this Service.

1.5. "You" and "your" refer to you, as a user of the Service. "We", "us" and "our" refer to us, the Service Provider. "Content" means all content and information, including user-generated content, such as text, images, photos, video, messages, ratings, third-party or third-party advertisements, links, or data about a person or a location.

1.6. "Publication" means the implementation, embedding and use of Content (hereinafter referred to as "Post Items") made available to you (hereinafter referred to as "Publisher") for Posting on your own websites, blogs, applications, etc. . Hereinafter referred to as the "Publisher Site"). The provisions related to the content of these ToS also refer to the elements of publication.

1.7. A consumer within the meaning of these ToS and the withdrawal policy is any natural person who enters into a legal transaction for a purpose that is primarily outside his or her trade, business or profession. Entrepreneur means a natural or legal person or a company with legal personality who, when carrying out a legal transaction, acts in the exercise of his professional activity.

1.8. By accessing or using our Service, you agree to these Terms and Conditions and to enter into a legally binding contract with us. Do not access or use our Service if you are unwilling or unable to be bound by the ToS.

1.9. To the extent that we have not explicitly agreed to your request in writing, your possibly deviating terms of business will not apply. Although it may be included and the contract may have been completed, a reference to its own terms of business does not constitute our acceptance of their applicability.

1.10. ARBITRATION AND CLASS ACTION WAIVER NOTICE: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION SECTION BELOW AND EXCEPT FOR CASES EXCURSE FROM THE APPLICATION OF THIS WAIVER, YOU AGREE THAT DISPUTES BETWEEN YOU AND THE UNITED STATES WILL BE RESOLVED BY ARBITRATION. INDIVIDUAL WAIVES ITS RIGHT TO PARTICIPATE IN A CLASS ACTION OR CLASS ARBITRATION LAW.

1.11. Minors need prior consent from their legal representatives (generally parents) before using our service. The use of our service is prohibited for children under 14 years of age.

1.12. In addition to the ToS our privacy policy applies.

2. Conclusion and content of the contract

2.1. The contractual relationship with us is established at the end of the registration procedure or if a registration is not required when using the Service.

2.2. We are allowed to refuse the conclusion of a contract for objective reasons.

23. In the case of fee-based services, the scope of our Services and your remuneration are derived from the pricing plans provided to you on our Service. Additionally, pricing plans determine the payment intervals for fee-based plans, which also correspond to the term of the contract.

2.4. If the purpose of the Service is to provide users with information on specific topics or events (for example, birthdays, coupons, product samples, etc.), users agree to receive this information by email or equivalent electronic messages, information functions OR wall studs within the platforms on which the service is running. The type and amount of information are derived from the description of the Service. The user may at any time opt out of receiving such messages as described in the "termination" section within these ToS.

2.5. We may also send you service-related emails (for example, account verification, technical and security notices, downtime notifications, invitations to other users, changes/updates to features of the Service).

3. Third Party Software and Offers

3.1. We make no claims or promises regarding third parties, such as companies or advertisers that appear on our Service.

3.2.Furthermore, we are not liable to you for any loss or damage that may result from your actions or omissions, including, for example, if another user or company misuses your content, identity or personal information, or if you have a negative experience with one of the companies or advertisers or their products listed or featured on the site.

3.3. Your purchase and use of products or services offered by third parties through the Site is at your own discretion and risk and is subject to the terms and conditions of the third party.

4. Obligations related to your data and contact information

4.1. You are responsible for ensuring that the information you provide to us is correct, complete, legally permissible and free of any third party rights, and for informing us of any changes to the information you have provided.

4.2. You are responsible for informing us of any changes to the information you have provided. The address and contact details of customers are kept up to date. Disadvantages caused to customers due to incorrect information, go to your expense. Disadvantages arising due to incorrect information for us will be charged to the customer if the incorrect information is within his own sphere of responsibility.

4.3. If a registration is incomplete, we have the right to delete the user account within one week.

5. Obligations of users

5.1. Users guarantee that their content, in particular reviews, self-submissions and queries, is consistent with the truth, permitted by law and free of the rights of third parties.

5.2. The following contents in particular are not allowed: Pestering (stalking), threats, insults, and the assertion of incorrect facts; Content that may be detrimental to the development or education of children or young adults or put them at risk; Content that infringes third party copyrights, trademark rights, competition rights, or privacy rights; Content that is racist or xenophobic, glorifies violence or is seditious, pornographic, demeaning or immoral; Content that may affect people's health; Chain letters, mass messages with or without advertiser content (spamming); Links to sites with such content; Sweepstakes, contests, lottery draws, or similar promotions; Publication of private data (such as email addresses);

5.3. If users create content that is subject to certain labeling or reporting requirements (for example, legal information about the content provider), users must properly comply with the respective labeling and reporting obligations.

5.4. The Service Provider has the right to remove non-relevant content, in particular content that is not related to the specific subject area of ​​a Service (for example, political or religious themes in a series of games).

5.5. If users can directly contact and invite other users, this contact and invitation option may not be used for advertising purposes or to otherwise annoy contacted users (for example, through repeated requests for responses even if not no response or a desire not to be contacted has been expressly indicated). The Service Provider reserves the right to restrict the function both in general and in individual cases if users should feel harassed.

5.6. The Service Provider reserves the right not to disclose content or to reverse its disclosure if there is concrete evidence to suggest that the content violates statutory regulations, official prohibitions, the rights of third parties or public morality. However, the Service Provider is not obliged to check the content in advance.

5.7. The Service Provider reserves the right to restrict the number or function of affiliate and similar advertisements placed by users and to prohibit the use of such links in the aggregate.

6. Liability for content and information

6.1. The Service Provider is not responsible for user-generated content or linked content on other websites.

6.2. The Service Provider wishes to point out that no claim is made regarding the accuracy, completeness, legal admissibility and absence of third party rights of the content provided within the Service. The content is provided solely for fun and entertainment purposes (such as horoscopes, quizzes, quizzes, etc.), and as such does not guarantee the accuracy or usefulness of the information and/or advice and/or results contained in the content. same. The content, IQ and knowledge tests and all other tests, quizzes and horoscopes are fun non-scientific content and can never replace medical diagnoses, scientific testing methods or professional advice. Such content should be understood as non-binding information, recommendations and statements. In particular, no guarantee is given that the content of the Service can be used in each country in which it is available. This restriction is due to the global nature of the Internet.

6.3. The user in question, and not the service provider, is responsible for user reviews, comments and ratings.

6.4. Users and other rights holders can submit a complaint to the service provider about the content, indicating the content and the criteria by which they have found fault with it, and request the correction or removal of said content. The Service Provider may refer the complaint to the users responsible for the content in question and give them a reasonable time to comment. Posting of any content reported as inappropriate may be reverted until such time as it has been verified.

7. Sanctions

7.1. Since the integrity and functionality of the network is essential for the Service Provider, sanctions will be imposed on a user if the Service Provider has concrete evidence suggesting that the user is acting against legal regulations, third party rights, morality public and/or these ToS.

7.2. In choosing the sanction to be imposed, the Service Provider will take into account the legitimate interests of the affected user and will consider, among other things, whether the case involves negligent fault or culpable infringement. The following graduated sanctions are available to the Service Provider: a) partial and total deletion of a user's content, b) issuance of a warning to the user, c) restriction of the use of applications, Blocking of a user, e) the permanent revocation/termination of a user's rights, possibly linked to an exclusion order.

8. Provision of rights of use and representation by the user

8.1. You will provide us free of charge and unlimited in terms of location, time and type of use with the non-exclusive right to copy, edit, modify, adapt, alter, edit, translate, make derivative works of, publish and process the legally protected content. , information and data provided by you or on your behalf and to transfer these rights to third parties such as subcontractors or other users (for example, in connection with the inclusion or modification of user-generated content).

8.2. As far as the geographical, material, temporal and personal scope is concerned, the previous provision of rights is made only to the extent that it is necessary for the fulfillment of the contractual services and subsequently expires automatically. Before initiating legal action, you will notify us of any use of the rights outside of this framework and give us the opportunity to stop using these rights or limit their use to the extent required.

9. Your rights

9.1. You may use our Service within the limits of these TOS for you or your business. You do not have the right to rent, loan, lease, sell or otherwise make the Service technically accessible in whole or in part to third parties for remuneration or free of charge without our written approval. Sublicenses must not be issued.

9.2. You may only use our Service through the provided input masks and interfaces. In particular, excessive use above normal service levels and the intensity and frequency of use of the interface (for example, due to the use of software whose technical flaws generate constant unnecessary access through our interfaces) is prohibited.

9.3. You must not use our Service in any way that causes or is likely to cause our Service or any access to it to be interrupted, damaged, or altered in any way, or for any fraudulent purpose, or in connection with criminal or other illegal activity, or to cause annoyance, inconvenience or anxiety.

9.4. We reserve the right to refuse service, terminate accounts, or remove or edit content if you are in violation of applicable law, these Terms of Use, or any other applicable terms, conditions, or policies.

10. Compensation

10.1. You agree to indemnify, defend, and hold us, its parents, subsidiaries, affiliates, related companies, suppliers, licensors, and partners, and the officers, directors, employees, agents, and representatives of each of From any claim or demand made by any third party arising out of or related to your access to or use of our Service, your violation of the Terms and Conditions, products or services purchased or obtained by users in connection with our Service, infringement by users, or any third party using the user's account of any intellectual property or other right of any person or entity.

10.2. 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 with our defense of these claims. You agree not to settle any such matter without our prior written consent. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

11. Special conditions for publication

11.1. The following Posting Terms of Service (hereinafter "ToSP Posting") will govern the Posting in addition to the general ToS. In the event of any conflict between the Publishing ToSP and the ToS, the ToSP shall control.

11.2. We grant the Publisher a limited, revocable, non-exclusive, non-transferable, non-transferable and non-sublicensable license to publish the Post Articles available for publication on the Publisher's Site. Publisher warrants and undertakes to use Publisher Items only on Publisher's own sites and solely for the purposes explicitly permitted herein. All rights not expressly granted herein are reserved by us, including for the avoidance of doubt, all data collected by us in connection with the Posting.

11.3. All articles in the publication will be clearly identified at all times using the provided labels, logos, trademarks, and service marks that may not be removed from published articles in the publication. We will have the right to advertise the Posting in any media, including, but not limited to, your membership list and for such purpose. Publisher grants us a worldwide, irrevocable, perpetual license to use Publisher's name, logo, label, or any other trademarks of Publisher OR symbols identified with Publisher.

11.4. Unless otherwise stated, neither Publisher nor we will be entitled to any compensation for and/or in connection with the Posting.

11.5. Publisher agrees that Post Elements are ad-supported, and therefore we may add any advertising materials to, or otherwise use, any Post Elements that are embedded on the Publisher Site for any advertisement, promotion or marketing. Hereinafter referred to as "Publication Announcements"). The Publisher shall not independently add any advertising material, of any kind, to any Post Items, especially in a manner that obfuscates, obscures, covers or blocks the Post Items or Post Ads.

11.6. The Publisher will maintain and display a privacy policy that will comply with all applicable laws, our Terms of Service and our privacy policy to which the Publisher shall have the right to refer users by a link to be incorporated into the Publisher's privacy policy. Publisher Site Known as "Publisher's Privacy Policy"). In the event of any conflict between the Publisher's Privacy Policy and our Postings, the Privacy Policy and the Privacy Policy, the Privacy Policy shall control.

11.7. Publisher will not in any way change, alter, delete, block, or prevent the Banner Ads, our Terms of Service, our privacy policy, or any other third party and third party rules and policies provided with the Publisher Site from being displayed on the Publisher Site. Post elements.

11.8. Publisher agrees not to: (a) decompile, disassemble, reverse engineer, modify, adapt, alter, edit, translate, make derivative works of, sell, rent, lease, transfer, sublicense, to User in connection with our services. (B) Not use the Embedding Service in any way that conflicts with the content restrictions of these ToS. (C) Not use any method that could lead to falsely generated or artificially inflated revenue in connection with the Posting, including, without limitation, automatic redirection of visitors, enticing users to click on Incentive-based Ads, blind text Links , misleading links, forced clicks,

11.9. Publisher agrees that we, or any person delegated on our behalf, shall have the right, but not the duty, to monitor Publisher's compliance with these ToSP, in any manner or technology chosen at our discretion.

11.10. The publisher can stop using the publishing assets at any time. We may also block, remove, and prevent the display and use of any Post Item at any time. Upon termination, all licenses and any other rights and services we provide to Publisher will immediately cease and terminate.

12. Remuneration and billing

12.1. The provisions of this section apply if a contract is concluded between the user and the Service Provider for the provision of fee-based services. If the purchase and payment processes are carried out through a third party service provider (such as Apple iTunes or Google Play), the contractual terms of said provider will apply in this regard and will take precedence over the regulations in this section.

12.2. The current remuneration is based on the chosen plan and is quoted net. Additional VAT applicable at the time of billing is charged additionally. Remuneration is due upon payment at the beginning of each pay interval.

12.3. We reserve the right to change the compensation scale at any time. For existing contracts, such change will only take effect from the beginning of the next contract period.

12.4. You can settle the remuneration using one of the payment methods that we have offered you.

12.5. The term for the presentation of prior notifications by the provider to the client within the framework of the SEPA direct debit scheme is two days.

12.6. Invoices will be provided to you electronically.

12.7. If it is not possible to have an invoice paid by direct debit, you will bear all the consequent costs. These especially include bank charges in connection with the repayment of direct debits and comparable fees to the extent that you are responsible for the event triggering the costs. We may send you payment reminders electronically.

12.8. If you are in default with your payments, we have the right to refuse payment due to you and to block access to your user account until such default has been rectified. In such cases, we will normally notify you of such blocking 10 business days in advance to rectify such breach. Our other legal and contractual rights in relation to late payment remain unaffected.

12.9. If you fall behind on your payment, you should expect to be charged 5% interest for the late payment on top of the base interest rate effective for the place of our registered office. Default interest will be charged, even without written warning, if payment is not made on the agreed date. We reserve the right to file a claim for a higher value of compensation for such delay.

12.10. You may only set off uncontested or legally binding debts against our claims, to the extent that they are not termination claims or fault rectification claims. You are entitled to a lien only for counterclaims arising from the contract that forms the basis of these ToS.

13. Termination

13.1. Termination of the contract is possible at any time in the free plan.

13.2. For fee-based plans, the contract term for use of our Service is determined for chargeable plans based on the selected payment interval. Unless otherwise, the contract will be automatically extended upon expiration of the contract term in the same period, to the extent that it has not been previously terminated, giving notice of seven days before the termination of the contract.

13.3. Users may object to any consent to receive emails and messages in the context of the Service.

13.4. If users discontinue using a feature or platform version of the Service (such as the Facebook app, but not the mobile app), this is not equivalent to termination of the entire Service. Users may declare their cancellation of the entire Service by notifying the Service Provider and, where applicable to the Service in question, by using account cancellation or deletion options, and also by clicking on termination or "Unsubscribe" or, where appropriate, in the e-mails of the Service.

13.5. Both contracting parties reserve the right to an early extraordinary termination of the contract for important reasons. An extraordinary termination is allowed, in particular, when you remain in default with your payment obligations for two months. When necessary, a written warning of objectionable conduct must precede extraordinary termination.

13.6. In case of contract termination, you are responsible for saving your data before your contract expires.

13.7. For the avoidance of doubt, the terms of our services will not limit us from pursuing any other remedies to which we are entitled under these Posting Terms and Conditions, any other agreement, or under any applicable law, including, without limitation, any injunctive relief.

13.8. Posts and comments, their content and other comparable content will remain within the Service without regard to other users if this is necessary, for example, to ensure that the meaning of conversations or advice or the like is not lost or reversed. Such content can be removed individually upon request.

14. Changes in the service

14.1. The scope of the Service that we are offering, the user accounts and their technical design are derived from the current technical status of our Service and the description of the services at the time of the conclusion of the contract.

14.2. We reserve the right to extend, change or limit features where this is in the interest of technical progress, is necessary to prevent misuse, or where we are legally required to do so.

14.3. If this change in scope of functions impairs your contractual use of our Service to a more than insignificant degree, you are entitled to a fee adjustment or termination of your contract.

15. Availability

15.1. You acknowledge that 100% availability of our Service cannot be technically assured. However, we will endeavor to keep our Service available as consistently as possible and to assure you of an average annual availability of 98% in accordance with the following limitations in this section.

15.2. We cannot guarantee the availability of our Service at times when it cannot be accessed due to technical or other problems that are outside our sphere of influence (Force Majeure, fault of third parties, necessary maintenance, etc.). When network security or the maintenance of network integrity is threatened for reasons beyond our sphere of responsibility, we may temporarily limit access to our Service as necessary.

15.3. You will be notified of foreseeable downtimes due to maintenance work well in advance. Therefore, claims in this respect cannot be deducted.

16. Compensation

16.1. You agree to indemnify, defend and hold harmless us, its parents, subsidiaries, affiliates, related companies, suppliers, licensors and partners, and the officers, directors, employees, agents and representatives (collectively, "Provider Entities"). Each of the risks, including costs, liabilities and legal fees, of any claim or demand by any third party arising out of or related to (i) your access to or use of our Service, (ii) ) iii) products or services purchased or obtained by users related to us, or (iv) the infringement by users or any third party using the user's account, of any intellectual property or other right of any person or entity.

16.2. 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 with our defense of these claims. You agree not to settle any such matter without our prior written consent. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

17. Disclaimer and Limitation of Liability

17.1. PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF THE SUPPLIER ENTITIES. EACH OF THE SUBSECTIONS BELOW ONLY APPLIES TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. NOTHING HEREIN IS INTENDED TO LIMIT ANY RIGHTS YOU MAY HAVE THAT MAY NOT BE LAWFULLY LIMITED. GERMAN AND AUSTRIAN USERS REFER TO THE PARTICULAR LIMITATION OF LIABILITY CLAUSE OF THESE JURISDICTIONS. IF YOU ARE UNSURE ABOUT THIS OR ANY OTHER SECTION OF THESE TERMS, PLEASE CONSULT WITH A LEGAL PROFESSIONAL BEFORE ACCESSING OR USING OUR SERVICE. BY ACCESSING OR USING OUR SERVICE, YOU REPRESENT THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO THESE TERMS, INCLUDING THIS SECTION. YOU ARE PRESENTING SUBSTANTIAL LEGAL RIGHTS BY AGREEING TO THESE TERMS.

17.2. OUR SERVICE IS MADE AVAILABLE TO YOU ON AN "AS IS", "WITH ALL FAULTS" AND "AS AVAILABLE" BASIS, WITH THE EXPRESS UNDERSTANDING THAT PROVIDER ENTITIES MAY NOT MONITOR, CONTROL OR VETERATE USER CONTENT. AS SUCH, YOUR USE OF THE SITE IS AT YOUR OWN DISCRETION AND RISK. THE PROVIDER ENTITIES MAKE NO CLAIMS OR PROMISES ABOUT THE QUALITY, ACCURACY, OR RELIABILITY OF THE SITE, ITS SAFETY OR SECURITY, OR THE CONTENT ON THE SITE. ACCORDINGLY, THE PROVIDER ENTITIES ARE NOT RESPONSIBLE FOR ANY LOSS OR DAMAGE THAT MAY ARISE FROM, FOR EXAMPLE, THE SITE'S INOPERABILITY, NON-AVAILABILITY OR SECURITY VULNERABILITIES, OR YOUR RELIANCE ON THE QUALITY, ACCURACY, OR RELIABILITY OF THE CONTENT. , CLASSIFICATIONS, REVIEWS, METERS,

17.3. THE PROVIDER ENTITIES MAKE NO CLAIMS OR PROMISES WITH RESPECT TO ANY THIRD PARTY, SUCH AS COMPANIES OR ADVERTISERS ON THE SITE OR USERS OF THE SITE. ACCORDINGLY, THE PROVIDER ENTITIES ARE NOT RESPONSIBLE FOR ANY LOSS OR DAMAGE THAT MAY RESULT FROM YOUR ACTIONS OR OMISSIONS, INCLUDING, FOR EXAMPLE, IF ANOTHER USER OR BUSINESS MISUS YOUR CONTENT, IDENTITY OR PERSONAL INFORMATION OR IF YOU HAVE A NEGATIVE EXPERIENCE WITH A OF THE COMPANIES OR ADVERTISERS FOUND OR FEATURED ON THE SITE. YOUR PURCHASE AND USE OF PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES THROUGH THE SITE IS AT YOUR OWN DISCRETION AND RISK.

17.4. THE PROVIDER ENTITIES EXPRESSLY EXCLUDE ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES ABOUT THE PRODUCTS OR SERVICES OFFERED BY THE COMPANIES FOUND ON THE SITE, AND THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. . NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN TO YOU BY A REPRESENTATIVE OF ONE OF THE PROVIDER ENTITIES SHALL CREATE A REPRESENTATION OR WARRANTY.

17.5. YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY FOR DISSATISFACTION WITH THE SITE, RELATED SERVICES, OR OTHERWISE SHALL BE TERMINATION AND DISCONTINUED ACCESS TO OR USE OF THE SITE.

17.6. THE PROVIDER ENTITIES' MAXIMUM AGGREGATE LIABILITY TO YOU FOR ANY LOSS OR DAMAGE YOU SUFFER IN CONNECTION WITH THE SITE OR THESE TERMS IS LIMITED TO THE GREATER OF (i) THE AMOUNT PAID, IF ANY, BY THE PROVIDER ENTITIES IN RELATIONSHIP WITH THE SITE IN THE 12 MONTHS PRIOR TO THE ACTION GIVING THE INCREASE IN LIABILITY, OR (ii) €10.

17.7. (I) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, (ii) LOST PROFITS, (iii) BUSINESS INTERRUPTION, (iv) REPUTATIONAL DAMAGE, (v) LOST INFORMATION OR DATA.

18. Arbitration Clause and Class Action Waiver

18.1. ARBITRATION CLASS ACTION CLAUSE: YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND US (AS SUCH DISPUTE INVOLVES THIRD PARTIES) REGARDING YOUR RELATIONSHIP WITH US, INCLUDING, WITHOUT LIMITATION, DISPUTES RELATING TO THIS USER AGREEMENT, YOUR USE OF THE SERVICES, AND/OR PRIVACY AND/OR PUBLICITY RIGHTS, WILL BE RESOLVED BY INDIVIDUAL, BINDING ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR CLASS ARBITRATION LAW. YOU ARE GIVING THE RIGHT TO LITIGATE A DISPUTE IN COURT BEFORE A JUDGE OR JURY. "DISPUTE" INCLUDES ANY DISPUTE OR ACTION BETWEEN YOU AND THE UNITED STATES REGARDING OUR PLATFORMS OR CONTENT SERVICES, WHETHER BASED ON CONTRACT, WARRANTY, TORT, STATUTE OR REGULATION OR OTHER LEGAL OR EQUITABLE BASIS. IF WE ARE UNABLE TO REQUEST ANY OF THE PROVISIONS BY INFORMAL NEGOTIATIONS OR SMALL CLAIMS COURT, THE DISPUTE WILL BE SETTLED BY BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR WHOSE DECISION WILL BE FINAL EXCEPT FOR A LIMITED RIGHT OF APPEAL UNDER U.S. FEDERAL ARBITRATION ACT IF THE CLASS ACTION WAIVER IS FOUND TO BE ILLEGAL OR UNFORESEEN AS ALL OR ANY PARTS OF A DISPUTE, THESE PARTS WILL BE SEVERE AND PROCEED IN A COURT OF LAW, WITH THE REMAINING PARTIES PROCEEDING IN ARBITRATION. THE ARBITRATION SHALL BE ADMINISTERED BY THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION FOR THE ARBITRATION OF CONSUMER RELATED DISPUTES AND YOU AND WE EXPRESSLY REJECT JURY TRIAL. DISCOVERY AND APPEAL RIGHTS IN ARBITRATION ARE MAJORLY MORE LIMITED THAN IN A LAW AND OTHER RIGHTS THAT YOU AND WE MIGHT ACCEPT IN COURT MAY NOT BE AVAILABLE IN ARBITRATION. AS AN ALTERNATIVE, YOU MAY BRING YOUR CLAIM IN YOUR LOCAL “SMALL CLAIMS COURT” COURT, IF PERMITTED BY THIS SMALL CLAIMS COURT RULE AND IF IN THE JURISDICTION OF YOUR JURISDICTION, UNLESS THE ACTION IS TRANSFERRED, WITHDRAWN OR APPEALED. TO A DIFFERENT COURT. YOU MAY BRING CLAIMS ONLY ON YOUR OWN NAME. NEITHER YOU NOR WILL PARTICIPATE IN A CLASS ACTION OR ARBITRATION OF ANY KIND ON ANY CLAIM COVERED BY THIS AGREEMENT TO ARBITRATE. YOU ARE GIVING UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER IN ANY CLASS CLAIM YOU MAY HAVE AGAINST US INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATORS. YOU ALSO AGREE NOT TO PARTICIPATE IN CLAIMS BROUGHT IN A GENERAL OR REPRESENTATIVE CAPACITY OF PRIVATE ATTORNEY, OR CONSOLIDATED CLAIMS INVOLVING AN ACCOUNT OF ANOTHER PERSON, IF WE NEED A PART OF THE PROCEEDING. THIS DISPUTE RESOLUTION PROVISION SHALL BE GOVERNED BY FEDERAL ARBITRATION LAW AND NOT BY ANY STATE ARBITRATION LAW. IN THE EVENT WHERE THE AMERICAN ARBITRATION ASSOCIATION IS LIKELY OR UNABLE TO SET A HEARING DATE WITHIN ONE HUNDRED AND SIXTY (160) DAYS OF FILING THE CASE, THEN WE OR YOU MAY CHOOSE TO HAVE ARBITRATION ADMINISTERED BY JUDICIAL ARBITRATION AND MEDIATION SERVICES. JUDGMENT ON THE AWARD PROVIDED BY THE ARBITRATOR MAY BE ENTERED IN ANY KIND OF JURISDICTION. ANY PROVISION OF APPLICABLE LAW HOWEVER, THE ARBITRATOR SHALL HAVE NO AUTHORITY TO AWARD DAMAGES, REMEDIES OR AWARDS IN CONFLICT WITH THIS USER AGREEMENT.

18.2. DISTRIBUTION CLAUSE REGARDING CLASSIFICATION ACTIONS AND ARBITRATION: IF THE BRINGING OF CLASS ACTIONS AND OTHER CLAIMS BROUGHT ON BEHALF OF THIRD PARTIES CONTAINED ABOVE IS DEEMED UNCONDITIONAL, THEN ALL OF THE FOREGOING LANGUAGE IN THIS ARBITRATION SECTION SHALL BE NULL AND VOID. THIS ARBITRATION AGREEMENT WILL SURVIVE THE TERMINATION OF YOUR RELATIONSHIP WITH US.

18.3. SCOPE: THE ARBITRATION NOTICE AND CLASS ACTION WAIVER ONLY APPLY TO UNITED STATES CUSTOMERS AND ONLY IF THE LAW GOVERNING YOUR CONTRACTUAL RELATIONSHIPS WITH US PERMITS CLASS ACTIONS AND/OR AGREEMENTS TO ARBITRATE; IS IN COMPLIANCE WITH CONSUMER PROTECTION LEGISLATION; IT IS NOT APPLICABLE TO CONTRACTS WITH CUSTOMERS IN EUROPE; HOWEVER, IT IS APPLICABLE WHEN CUSTOMERS RESORT TO A US-JURISDICTION SEEKING FOR CLASS ACTIONS AND/OR AGREEMENTS TO ARBITRATE.

19. Confidentiality, self-advertising and competition clause

19.1. The contracting parties undertake to treat confidentially all the information they obtain during the fulfillment of this contract and to use it only for contractually agreed purposes.

19.2. The rights and obligations under this section on confidentiality will not be affected by the termination of this agreement.

19.3. For more information on the collection and processing of your data please see our privacy policy.

20. Change in ToS

20.1. We reserve the right to change the TOS at any time with effect from a future date. A change in the essential provisions, which influence your contractual claims, will be made only for valid and objective reasons, especially of a legal, technical and economic nature.

20.2. We will advise you on changing the ToS, at least in text form, so that you have at least four weeks to object to the change. In the event of an objection, we will be able to determine if the previous ToS in our contractual relationship with you will remain valid or if you will receive the right of rescission. If you do not object to the modified ToR within the objection period, they will be deemed to have been accepted.

21. Information and terms and conditions of Facebook

21.1. The following provisions apply if the Service is to be carried out on Facebook.

21.2. In addition to these ToS, the relationship between the Service Provider, users and Facebook is determined by Facebook's  terms and conditions  and  privacy policy  .

21.3. Users may not enforce against Facebook any claim arising in connection with the use of the Service.

21.4. Users acknowledge that the Service is in no way sponsored, supported, or organized by, or in any way associated with, Facebook.

21.5. All information and data communicated or collected by users as part of the Service is provided solely to the Service Provider and not to Facebook.

22. Information and terms and conditions of Apple and Google

If this Service is obtained as an app via Apple iTunes or Google Play the respective terms and conditions and privacy policies of the respective provider apply. If they conflict with these TOS, they shall prevail over these TOS.

23. Place of Jurisdiction, Applicable Law and Final Provisions

23.1. Any failure on our part to exercise or enforce any right or provision of the Terms does not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

23.2. All of our rights and obligations under this Statement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise unless unless barred by consumer protection or privacy legislation.

23.3. If one of the above-mentioned provisions is partially or completely ineffective, this does not affect the effectiveness of the remaining provisions.

23.4. Sole place of jurisdiction for contracts with merchants, legal entities under public law or special funds under public law is the court competent for our registered office. Place of fulfillment is also our registered office, if the user is an entrepreneur.

23.5. Republic of Ireland law applies exclusively, both unless expressly agreed otherwise or pursuant to consumer protection legislation.

24. Provider Information and Contact

24.1. Service Provider is Panda Cat.

24.2. Contact data: [email protected]