Acceptance of the Terms of Service
These Terms of Service (together with the documents referred to herein) (collectively, these “Terms”, or “Terms of Service”) inform you of the terms and conditions pursuant to which you may make access or use of our Services ("we", "us", "our", ours" and "Services"), including any functionality and content offered on or through the Services, including applications and offsite collection of data for those Services or Applications.
When using the Services, whether as a registered user ("Member") or as a non-registered visitor (“Visitor”) or as an event organiser or community manager ("Client") (collectively, the "User", you shall be subject to any posted rules, community guidelines, or policies. Such rules, guidelines, and policies are hereby incorporated by reference into these Terms of Service.
Please read these Terms carefully before you start to access or use our Services, as these will apply to your use of our Services. We recommend that you print a copy of these Terms for future reference.
By accessing, browsing, or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terns, you must not use our Services. If you access or use the Services, whether you click to accept or not, you agree to all of the various terms in these Terms of Service.
You consent to entering these Terms electronically, and to storage of records related to these Terms in electronic form.
Modification to Terms
Within the limits of applicable law, We reserve the right to review and change these Terms at any time. You are responsible for regularly reviewing these Terms. Continued use of our Services and browsing of related Websites after such changes shall constitute your consent to such changes.
Information about You and Your Visits to the Websites
The contract between you and us
This Contract applies to all Users of our Services. The Users are allowed to have only one account, which must be in their real name.
You agree that accessing or using our Services, you are agreeing to enter into a legally binding Contract with pharmABC UG (haftungsbeschränkt), with its registered office in Traberweg 61, D-22159 Hamburg, Germany (also referred to as “We” and “Us”).
Ability to Accept Terms of Service
To access or use our Services, you agree that you are at least 18 years of age or the age of majority in the jurisdiction you are accessing the Services from, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms. If you are under 18 or the applicable age of majority, you are not permitted to submit personal information to us or use the Services.
To access or use our Services, you agree that you are not already restricted by us from using the Services.
The Contract is established between yourself, even if you are accessing or using our Services on behalf of a company, and Us.
If you do not agree to this Contract, do not access or otherwise use any of our Services. If you wish to terminate this contract, at any time you can do so by closing your account and no longer accessing or using our Services.
We reserve the right to limit, suspend or terminate your use of the Services, if we believe that you do not respect this Contract, or if we believe that you are misusing our Services. We may terminate this Contract at any time. On termination, you lose the right to access or use the Services.
You are responsible for:
1. making all arrangements necessary for you to have access to the Services;
2. ensuring that all persons who access the Services through your internet connection are aware of these Terms and comply with them.
If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential and, you must not disclose it to any other person or entity and you are fully responsible for all activities that occur under your user name or password. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Services or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security by contacting us. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. Although the Websites will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of the Websites or others due to such unauthorized use.
If you interact with us or with third-party service providers, and you provide information, including account or credit card or other payment information, you agree that all information that you provide will be accurate, complete, and current. You will review all policies and agreements applicable to use of third party services. In the event you use our Services over mobile devices, you hereby acknowledge that your carrier’s normal rates and fees, such as excess broadband fees will still apply.
We have the right to disable any user name, password or other identifier, whether chosen by you or provided by Us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.
You acknowledge that we reserve the right to charge fees for the Services and to change its fees in its complete and sole discretion.
Account Termination Policy
We reserve the right to decide whether Content is appropriate or violates these Terms for reasons other than copyright infringement and violations of intellectual property rights, such as, but not limited to, invalid or defamatory material. The Services may at any time, without prior notice and in its sole discretion, remove such Content and/or terminate a user’s account for submitting such material in violation of these Terms of Service.
If you violate the letter or spirit of these Terms, or otherwise create risk or possible legal exposure for Us, we can terminate access to the Services ans Applications or stop providing all or part of the Services or Applications to you.
We reserve the right to withdraw or amend the Services, and any content or features we provide on the Services, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Services is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Services, or the entire Services, to Users, including Organisers, Members and Visitors.
We may change or discontinue any of our Services or add new elements in our Services. If we change or discontinue our Services, we do not promise to store or keep showing any information and content that you have posted.
We may update the content published on the Services from time to time, but their content is not necessarily complete or up-to-date. Any of the material on the Services and related applications and websites may be out of date at any given time, and we are under no obligation to update such material.
About our Services
The Services present information, networking and meeting services to the Users. The Services allow for uploading, sharing and general viewing of various types of content by registered and unregistered users. The Services contain texts, messages, files, data, information, images, photos, videos, recordings, materials, code or content of different kind and other materials posted/uploaded by Users.
The Services are for your personal use and shall not be used for any commercial endeavor except those specifically endorsed or approved by us.
You understand and acknowledge that when using the Services and Applications, you will be exposed to content from a variety of sources, and that we are not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. You further understand and acknowledge that you may be exposed to content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against the Sites with respect thereto, and agree to indemnify and hold us harmless to the fullest extent allowed by law regarding all matters related to your use of the Services and Sites.
Content Posted by Users
The Services may contain interactive features (collectively, "Interactive Services") that allow Users to upload, post, create, submit, publish, make available, send, share, communicate, display or transmit to other Users content, data, information, audio and video content, photographs/pictures, textual content and other materials, including but not limited to, graphics, messages, comments, memberships and tangible goods provided, sold, offered, posted or otherwise contributed by you to the Services from time to time or content of any kind (collectively, "Content") on or through the Applications and Sites.
As the account holder you may submit Content to the Services and Sites. You understand that the Services and Sites do not guarantee any confidentiality with respect to any Content you submit.
You shall be solely responsible for your own Content and the consequences of posting, uploading, publishing transmitting or otherwise making available your Content on the Services. You understand and acknowledge that you are responsible for any Content you submit or contribute, and you, not us, have full responsibility for such Content, including its legality, reliability, accuracy and appropriateness. We are not responsible, or liable to any third party, for the content or accuracy of any Content posted by you or any other user of the Websites. We do not control Content you submit or contribute and we do not make any guarantee whatsoever related to Content submitted or contributed by users. Although we sometimes review Content submitted or contributed by users, we are not obligated to do so. Under no circumstances will we be liable or responsible in any way for any claim related to Content submitted or contributed by users.
You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish Content you submit; and you license to the Services and Sites all patent, trademark, trade secret, copyright or other proprietary rights in and to such Content for publication on or through the Services and Sites pursuant to these Terms of Service.
You further agree that Content you submit to the Services will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant to the Services and Sites all of the license rights granted herein.
For clarity, you retain all of your ownership rights in your Content. However, by submitting Content to the Websites, you hereby grant Us a worldwide, irrevocable, perpetual, non-exclusive, royalty-free, sublicenseable and transferable license to use, exploit, reproduce, distribute, prepare derivative works of, display, communicate, and perform the Content in connection with the Sites’ (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Sites (and derivative works thereof) in any media formats and through any media channels. You also waive to the full extent permitted by law any and all claims against us related to moral rights in the Content. In no circumstances will We be liable to you for any exploitation of any Content that you post. You also hereby grant each User of the Applications, Services and Sites a non-exclusive, royalty free license to access your Content through the Websites, and to use, reproduce, distribute, display, communicate and perform such Content as permitted through the functionality of the Sites and under these Terms of Service. The above licenses granted by you in user comments you submit are perpetual and irrevocable.
The Services and Sites do not endorse any Content submitted to it by any User or other licensor, or any opinion, recommendation, or advice expressed therein, and We expressly disclaims any and all liability in connection with Content. The Sites does not permit copyright infringing activities and infringement of intellectual property rights on the Sites, and the Sites will remove all Content if properly notified that such Content infringes on another’s intellectual property rights. The Sites reserves the right to remove Content without prior notice.
All Content you submit must comply with the Content standards set out in these Terms of Service.
If any of the Content that you post to or through the Services contains ideas, suggestions, documents, and/or proposals to us, we will have no obligation of confidentiality, express or implied, with respect to such Content, and we shall be entitled to use, exploit or disclose (or choose not to use or disclose) such Content at our sole discretion without any obligation to you whatsoever (i.e., you will not be entitled to any compensation or reimbursement of any kind from us under any circumstances).
In the process of posting Content to the Services and Sites, you may be asked to provide some personally identifying information, such as your name, address, e-mail address, a password, and other documentation. You may also be asked to provide such information in order to use certain features of the Services.
We will keep a record of the information you provide, including your personally identifiable information. That information may be linked in our records to other information you provide, including Content. We will not provide your name or other personally identifying information to our advertisers or business partners without your permission. Please note that some of the information you provide in registering for and using the Sites, including the name used in registering for and using the Sites or other personally identifying information, may be displayed to other members of the Sites, and may become public. In addition, we may disclose the personally identifying information and documentation you provide in some limited circumstances.
Reliance on Information Posted
The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Websites, or by anyone who may be informed of any of its contents.
Our Services include Content provided by third parties, including materials provided by other Users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Us, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect our opinion. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Linking to the Websites and Social Media Features
You may link to the Services, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.
Our Services may provide certain social media features that enable you to:
• link from your own or certain third-party Websites to certain content on the Services;
• send e-mails or other communications with certain content, or links to certain content, on the Services;
• cause limited portions of content on the Services to be displayed or appear to be displayed on your own or certain third-party Websites.
You may use these features solely as they are provided by us and solely with respect to the Content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
• cause the Services or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site,
• otherwise take any action with respect to the materials on these Services that is inconsistent with any other provision of these Terms of Service.
The Websites from which you are linking, or on which you make certain content accessible, must comply in all respects with the content standards set out in these Terms of Service.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.
Purchasing Content and Registering to Services
You may purchase content or register to information and networking services and events made available to you through our Services and Apploications. Purchases can be made by credit cards, and when available, by debit cards, and are processed through our third-party Internet payment service providers. By purchasing any content or registering to information and networking services and events through the Services, you hereby consent and agree to abide by such third-party Internet payment service providers’ customer terms and conditions, and privacy policies, and understand that we have no control whatsoever on such customer terms and conditions, and privacy policies. If you cannot agree to such third-party Internet payment service providers’ customer terms and conditions or privacy policies, do not purchase any content or register to information and networking services and events. Purchases are payable in advance. We offer different packages you can choose from. We reserve the right to change the prices at any time, at our sole discretion and without liability to you. Any purchased content or registered service or event will not be available in your account in the event that your account is deleted by you or otherwise terminated in accordance with these Terms.
Payments are nonrefundable and there are no refunds or credits for partially used periods. We reserve the right (but not the obligation) to refund the purchased amount if there is a technical error to the purchased content; this is to be determined by Us.
Intellectual Property Rights
We are the owner or the licensee of all copyright, trade marks, design rights, database rights, confidential information or any other intellectual property rights (together the “Intellectual Property”) in our Services, unless otherwise stated.
We reserve all of our intellectual property rights in the Services. Using the Services does not give you any ownership in our Services or the content or information made available through our Services. Trademarks and logos used in connection with the Services are the trademarks of their respective owners.
As between you and Us, you own the content and information that you submit or post to the Services, and you are only granting us a non-exclusive, worldwide, transferable and sublicensable license to use, copy, modify, distribute, publish, and process, information and content that you provide through our Services and the services of others, without any further consent, notice and/or compensation to you or others.
Our Services enable the Users to post information and content in different ways and to share it with other Users, such as profile information, networking information, event information and more. This information and content may be seen by other Users or others (including off of the Services). We require that information posted by Users be accurate and not in violation of the intellectual property rights or other rights of third parties.
You may not distribute products or offer services under or by reference to or otherwise use or reproduce any of the trade marks, trade names or service marks on these Services without the prior written permission of US or, where applicable, the owner of such trade marks, trade names or service marks.
Limited, Conditional License to Use Our Intellectual Property
We and our associated logos and names are our trademarks and/or service marks. Other trademarks, service marks, names and logos used on or through the Websites, such as trademarks, service marks, names or logos associated with third party Content providers, are the trademarks, service marks or logos of their respective owners. You are granted no right or license with respect to any of the aforesaid trademarks, service marks or logos.
The inclusion of images or text containing the trademarks or service marks or the name or likeness of any person, including any celebrity, does not constitute an endorsement, express or implied, by any such person, of the Websites or vice versa.
The Websites and certain materials available on or through the Services are content we own, authored, created, purchased, or licensed (collectively, our "Works"). Our Works may be protected by copyright, trademark, patent, trade secret and/or other laws, and We reserve and retain all rights in our Works and the Websites.
We hereby grant you a conditional, royalty-free, limited, revocable, non-sublicensable, and non-exclusive license to access our Services and Works solely for your personal use in connection with using the Services.
We grant you a conditional and limited license to access, view and display Services and Works, and to create and display transient copies of the Websites and Works as necessary to view them, conditioned upon your agreement to display the Websites whole and intact as presented by the Websites host, complete with any advertising, to not interfere with the display of any advertising, and to not use ad blocking software of any kind. This limited license is further conditioned upon your agreement not to use any information obtained from or through the Websites to block or interfere with the display of any advertising on the Websites, or for the purpose of implementing, modifying or updating any software or filter lists that block or interfere with the display of any advertising on the Websites. Interference with the display of any advertising on the Websites, use of ad blocking software to block or disable any advertising while viewing the Websites, or use of information obtained from or through the Websites to update any ad blocking software or filter lists, is prohibited, violates the conditions of your limited license to view the Websites and Works and constitutes copyright infringement.
You may not otherwise reproduce, distribute, communicate to the public, make available, adapt, publicly perform, link to, or publicly display the Websites and Works or any adaptations thereof unless expressly set forth herein. Such conduct would exceed the scope of your license and constitute copyright infringement.
The Websites provides an "Embeddable Player" feature, which you may incorporate into your own Websites for use in accessing the Content on the Websites. You may not modify, build upon or block any portion or functionality of the Embeddable Player in any way, including but not limited to links back to the Websites.
The above described license is conditioned on your compliance with these Terms of Service, including, specifically, your agreement to view the Websites whole and intact as presented by the Websites host, complete with any advertising, and shall terminate upon termination of these Terms of Service. If you breach any provision of these Terms of Service, any license you have obtained will be automatically rescinded and terminated. In order to protect our rights some Content made available on the Websites may be controlled by digital rights management technologies, which will restrict how you may use the Content. You must not circumvent, remove, delete, disable, alter or otherwise interfere with any digital rights management technology. Such conduct is prohibited by law.
If the Services allows you to download or otherwise copy our Works, you are not buying or being gifted copies thereof. Instead, you are licensing a limited, revocable, non-sublicensable, and non-exclusive right to possess and use the copies for personal, non-commercial use, subject to specific terms and conditions (the "Download License"). Under this Download License you may not thereafter reproduce, distribute, communicate to the public, make available, adapt, publicly perform, or publicly display the Services and Works or any adaptations thereof unless expressly set forth herein. Such conduct would exceed the scope of your Download License and constitute copyright infringement. At the expiration of your Download License or the termination of these Terms of Service, you will delete or otherwise dispose of all copies of Works in your possession.
Links to Third Party Websites or Resources
We are not responsible for the content, information or services presented on external websites. Our Services include links to other websites. External websites are not part of our Services and we do not endorse or accept any responsibility for the content of those websites (nor the products or services on them), are not responsible for the availability of the websites and will not be liable in any way for any loss or damage which you may suffer by using those websites. If you decide to access linked websites you do so at your own risk.
Service notices and messages
You agree that we will provide notices and messages to you within our Services, or sent to the contact information you provided us. You agree to keep your contact information up to date.
Please review your settings to control and limit messages you receive from us.
To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless the Services, their site operator, their parent corporation, their respective affiliates, licensors, service providers, officers, directors, employees, agents, successors and assigns from and against any and all claims, damages, judgments, awards, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Websites; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Websites. You agree that we shall have the sole right and obligation to control the legal defense against any such claims, demands, or litigation, including the right to select counsel of our choice and to compromise or settle any such claims, demands, or litigation.
Although we may attempt to notify you when major changes are made to these Terms, you are expected to periodically check this page to take notice of any changes we make, as they are binding on you. Some of the provisions contained in these Terms may also be superseded by provisions or notices published elsewhere on our Services.
If we change anything in these Terms of Service, the change will be reflected in the "last modified date". You agree that you will periodically review these Terms and refresh the page when doing so. You agree to note the date of the last revision of these Terms. If the "last modified" date is unchanged from the last time you reviewed these Terms, then they are unchanged. On the other hand, if the date has changed, then there have been changes, and you agree to re-review the Terms, and you agree to the new ones.
All changes are effective immediately when we post them, and apply to all access to and use of the Services and Sites thereafter. The updated version supersedes any prior versions immediately upon being posted, and the prior version(s) shall have no continuing legal effect. If you do not review new Terms as posted, then you agree that you have waived your right to do so, and you are therefore bound by the updated conditions, even if you failed to review the new ones. You are on notice of changes, and your failure to review the amended Terms is your own omission. By continuing to access and use the Services and Sites subsequent to us making available an amended version of these Conditions, you thereby acknowledge, agree to and consent to such amendment.
Governing Law and Dispute Resolution
You and Us agree that the laws of Germany, excluding conflict of laws rules, shall exclusively govern any dispute relating to this Contract and/or the Services. You and Us agree that claims and disputes can be litigated only in Hamburg, Germany, and we each agree to personal jurisdiction of the courts located in Hamburg, Germany.
We have the right to:
• remove or refuse to post any Content you submit or contribute to the Services for any or no reason in our sole discretion,
• disclose your personally identifying information or other information about you to any third party who claims that Content posted by you violates their rights, including their intellectual property rights or their right to privacy,
• take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Websites,
• terminate or suspend your access to all or part of the Websites for any or no reason, including without limitation, any violation of these Terms of Service.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any Content on or through the Websites. YOU WAIVE AND HOLD US HARMLESS AND OUR SITE OPERATOR, ITS PARENT CORPORATION, THEIR RESPECTIVE AFFILIATES, LICENSORS, SERVICE PROVIDERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS AND ASSIGNS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY US OR ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER US, SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
To maintain our Services and Sites in a manner we deem appropriate for our venue and to the maximum extent permitted by applicable laws, the Websites may, but will not have any obligation to, review, monitor, display, reject, refuse to post, store, maintain, accept or remove any Content posted (including, without limitation, private messages, public comments, public group chat messages, private group chat messages or private instant messages) by you, and we may, in our sole discretion, delete, move, re-format, remove or refuse to post or otherwise make use of Content without notice or any liability to you or any third party in connection with our operation of the Websites in an appropriate manner. Without limitation, we may do so to address Content that comes to our attention that we believe is offensive, obscene, violent, harassing, threatening, abusive, illegal or otherwise objectionable or inappropriate, or to enforce the rights of third parties or these Terms of Service or any applicable additional terms, including, without limitation, the Content restrictions set forth herein.
However, we do not undertake to review Content before it is posted on the Websites, and cannot ensure prompt removal of objectionable Content 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. We have no liability or responsibility to anyone for performance or non-performance of the activities described in this section.
Copyrights and Other Intellectual Property
The Services respects the intellectual property of others, and requires that you do the same. You may not upload, embed, post, email, transmit or otherwise make available any Content that infringes any copyright, patent, trademark, trade secret, privacy, publicity or other proprietary rights of any person or entity. If you believe that any Content violates your copyright, please see our Copyright Policy for instructions on sending us a notice of copyright infringement.
As part of our Copyright Policy, the Services will terminate User access to the Services if, under appropriate circumstances, a user has been determined to be a repeat infringer.
We are not in a position to mediate trademark disputes between Users and trademark owners. Accordingly, we encourage trademark owners to resolve any dispute directly with the User in question. If the trademark owner is unable to reach a resolution with the User, it may send us a notice at firstname.lastname@example.org. The Websites are willing to perform a limited investigation of reasonable complaints and will remove content in clear cases of infringement.
Collection and Use of Your Usage Information by Advertisers and Others
Links from the Websites
If the Websites contain links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over, and assumes no responsibility for, the contents, privacy policies, or practices of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. Inclusion of, linking to, or permitting the use or installation of any third party site, applications, software, content or advertising does not imply approval or endorsement thereof by us. If you decide to access any of the third party Websites linked to this Websites, you do so entirely at your own risk and subject to the terms and conditions of use for such Websites. Further, you agree to release us from any and all liability arising from your use of any third-party Websites, content, service, or software accessed through the Websites.
Your communications or dealings with, or participation in promotions of, sponsors, advertisers, or other third parties found through the Websites, are solely between you and such third parties. You agree that the Websites shall not be responsible or liable for any loss or damage of any sort incurred as the result of any dealings with such sponsors, third parties or advertisers, or as the result of their presence on the Websites.
Permitted Disclosures of Personal Information
YOU USE THE SERVICES AT YOUR SOLE RISK. WE PROVIDE THE SERVICES "AS IS" AND "AS AVAILABLE". TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICES, THEIR SITE OPERATOR AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND RELATED TO THE SERVICES AND SERVICES PURCHASED AND OBTAINED THROUGH THE SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR USE OF THE SERVICES.
WE MAKE NO WARRANTY OR REPRESENTATION ABOUT THE ACCURACY OR COMPLETENESS OF THIS WEBSITES’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS WEBSITES OR THAT THE WEBSITES WILL MEET YOUR REQUIREMENTS AND ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITES OR OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITES OR OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITES OR OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITES OR OUR SERVICES. THE WEBSITES DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITES OR OUR SERVICES OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND, THE WEBSITES WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND 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.
NO INFORMATION OBTAINED BY YOU FROM US OR THROUGH THE WEBSITES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
Limitation of Liability
To the fullest extent allowed by law, the Websites, their site operator, their parent corporation and their respective officers, directors, employees, and agents shall not be responsible or liable to you for any loss or damage of any sort incurred as the result of the following:
• delaying, rejecting or removing any or all Content at any time for any or no reason whatsoever with or without notice to you,
• modifying or discontinuing temporarily or permanently, the Websites (or any part thereof) with or without notice to you for any or no reason whatsoever,
• immediately terminating your access to the Websites for any or no reason whatsoever and with or without notice to you,
• the accuracy, usefulness or availability of any information posted to or through the Websites,
• any user Content that does not get recorded, or is deleted, or for any similar unsatisfactory results or user Content,
• any errors or omissions in any Content or for any loss or damage of any kind incurred as a result of your use of any Content posted, emailed, transmitted, or otherwise made available via the Websites,
• personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our Websites,
• any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein,
• any interruption or cessation of transmission to or from our Websites,
• any bugs, viruses, Trojan horses, or the like, which may be transmitted to or through our Websites by any third party, and/or
• any loss or damage of any sort incurred by you as a result of interactions you have with third-party advertisements or service providers, or third-party Websitess, found on or through the Websites, including payment and delivery of related goods or services, and any other terms, conditions, policies, warranties or representations associated with such dealings.
In no event shall we be liable to you for any incidental, indirect, punitive, statutory, exemplary, expectation, special, or consequential damages whatsoever (including damages for loss of profit, loss of goodwill, interruption, loss of business information or any other financial loss) in association with any individual or class-action claim, or any loss, damage, action, suit or other proceeding relating to or arising under or out of the Terms of Service, even if we have been notified of the possibility of such damages, whether the action is founded upon contract, infringement of intellectual property rights, tort, negligence or other grounds.
YOU SPECIFICALLY ACKNOWLEDGE THAT THE WEBSITES SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU AGREE NOT TO FILE ANY LAWSUIT OR PROCEEDING INCONSISTENT WITH THE FOREGOING LIABILITY LIMITATIONS.
These Terms, your use of the Websites, and the relationship between you and us shall be governed by the laws of Germany, without regard to conflict of law rules. You agree that: the Websites shall be deemed passive Websites that does not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than Germany. The sole and exclusive jurisdiction and venue for any action or proceeding arising out of or related to this Agreement shall be in an appropriate court located in Hamburg, Germany. You hereby submit to the jurisdiction and venue of said Courts. You consent to service of process in any legal proceeding.
Any claim by you that may arise in connection with these Terms will be compensable by monetary damages and you will in no event be entitled to injunctive or other equitable relief.
Limitation on Time to File Claims
REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR THE WEBSITES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
We respect the intellectual property rights of copyright holders, and thus will comply with the Notice and Takedown provisions of the Digital Millennium Copyright Act ("DMCA"). Our DMCA Notice Of Copyright Infringement can be found here.
Your Comments and Concerns
These Services are operated by pharmABC UG (haftungsbeschränkt).
All notices of copyright infringement claims should be sent to the copyright agent designated in our Copyright Policy in the manner and by the means set forth therein.
All other feedback, comments, requests for technical support and other communications relating to the Websites should be directed to: email@example.com.
Waiver and Severability
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction.
You acknowledge that the Websites reserves the right to charge for its services and to change its fees from time to time in its discretion. Furthermore, in the event the Websites terminates your rights to use the Websites because of a breach of these Terms of Services, you shall not be entitled to the refund of any unused portion of subscription fees.
No party, nor any of the parties’ respective attorneys, shall be deemed the drafter of this agreement for purposes of interpreting any provision hereof in any judicial or other proceeding that may arise between the parties.
Except as otherwise expressly provided in these Terms of Service, there shall be no third-party beneficiaries to this agreement. For the purpose of clarity, the Websites’s representatives, managers, partners, joint venturers, employees, and agents are intended third-party beneficiaries.
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms of Service.
The headings in these Terms of Service are for convenience only and have no legal or contractual effect.
We may terminate these Terms of Service for any or no reason at any time by notifying you through a notice on the Websites, by email, or by any other method of communication. Any such termination will be without prejudice to our rights, remedies, claims, or defenses hereunder. Upon termination of the Terms of Service, you will no longer have a right to access your account or your Content. We will not have any obligation to assist you in migrating your data or your Content and we may not keep any back up of any of your Content. We will not be not responsible for deleting your Content. Note that, even if your Content is deleted from our active servers, it may remain in our archives (but we have no obligation to archive or back-up your Content), and subject to the licenses set forth in these Terms of Service.