INTELLECTUAL PROPERTY RIGHTS

Our Intellectual Property

We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio and video content, text, photographs, and graphics contained in the Services (collectively, the "Content"), as well as the trademarks, service marks, and logos contained therein (the "Marks").
Our Content and Marks are protected by copyright and trademark laws (and various other intellectual property and unfair competition laws) and treaties of Germany, the United States, and around the world.
The Content and Marks are provided on or through the Services "AS IS" for your personal, non-commercial use or internal business purposes only.

Your Use of Our Services

Subject to your compliance with these Legal Terms, including the section "PROHIBITED ACTIVITIES" below, we grant you a non-exclusive, non-transferable, revocable license to:

• access the Services; and
• download or print a copy of any portion of the Content to which you have properly gained access.

solely for your personal, non-commercial use or internal business purposes.

Except as otherwise provided in this section or elsewhere in our Legal Terms, no part of the Services, and no Content or Marks, may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
If you wish to use the Services, Content, or Marks other than as set forth in this section or elsewhere in our Legal Terms, please direct your request to: [email protected]. If we ever grant you permission to publish, reproduce, or publicly display any portion of our Services or Content, you must identify us as the owner or licensor of the Services, Content, or Marks, and ensure that all copyright or proprietary notices are displayed or visible when publishing, reproducing, or displaying our Content.
We reserve all rights in the Services, Content, and Marks not expressly granted to you.
Any infringement of these intellectual property rights constitutes a material breach of our Legal Terms, and your right to use our Services will terminate immediately.

Your Submissions and Contributions

Please read this section and the "PROHIBITED ACTIVITIES" section carefully before using our Services to understand (a) the rights you grant to us and (b) the responsibilities you have when you post or upload Submissions or other content through the Services.
Submissions: By directly sending us questions, comments, suggestions, ideas, feedback, or other information about the Services ("Submissions"), you agree to assign to us all intellectual property rights in such Submissions. You agree that such Submission shall be our property and we shall be entitled to the unrestricted use and dissemination of such Submission for any lawful purpose, commercial or otherwise, without notice or compensation to you.
Contributions: The Services may invite you to chat, contribute, or participate in blogs, message boards, online forums, and other features where you may create, submit, post, display, transmit, publish, distribute, or broadcast content and materials to us or through the Services, including, but not limited to, text, writings, videos, audio files, photos, music, graphics, comments, reviews, rating suggestions, personal information, or other materials ("Contributions"). Any publicly posted Contribution will also be treated as a Contribution.
You understand that Contributions may be viewed by other users of the Services and possibly through third-party websites.
By posting Contributions, you grant us a license (including the use of your name, trademarks, and logos): By posting Contributions, you grant us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully paid, worldwide right and license to: use, copy, reproduce, distribute, sell, resell, publish, broadcast, retitle, store, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part), and exploit your Contributions (including, without limitation, your likeness, name, and voice) for any purpose, commercial, promotional, or otherwise; to prepare derivative works of, or incorporate into other works, your Contributions; and to sublicense the licenses granted in this section. Our use and distribution may be in any media formats and through any media channels.
This license includes our use of your name, company name, and franchise name, as applicable, as well as any trademarks, service marks, trade names, logos, and personal and commercial images you provide.
You are responsible for what you post or upload: By sending us Submissions and/or posting Contributions through any part of the Services, or by making Contributions available through the Services by linking your account through the Services to any of your social networking accounts, you acknowledge:

• , that you have read and agree to our "PROHIBITED ACTIVITIES" and will not post, send, publish, upload, or transmit through the Services any Submissions or Contributions that are illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, fraudulent, or misleading;
• you waive, to the extent permitted by law, all moral rights in such Submissions and/or Contributions;
• you warrant that such Submissions and/or Contributions are original with you or that you have the necessary rights and licenses to submit such Submissions and/or Contributions, and that you have full authority to grant us the above rights with respect to your Submissions and/or Contributions; and
• you warrant and represent that your submissions and/or contributions do not constitute confidential information.

You are solely responsible for your submissions and/or postings and expressly agree to indemnify us for any losses we may incur as a result of your violation of (a) this section, (b) the intellectual property rights of any third party, or (c) applicable law.
We May Remove or Edit Your Content: While we have no obligation to monitor any content, we have the right to remove or edit any postings and/or postings at any time and without notice if we reasonably believe such content to be harmful or in violation of these legal terms. If we remove or edit such content, we may also suspend or disable your account and report you to the authorities.

Copyright Infringement

We respect the intellectual property rights of others. If you believe that any material available on or through the Services infringes upon a copyright you own or control, please promptly see the "COPYRIGHT INFRINGEMENT" section below.

3. USER REPRESENTATIONS

By using the Services, you represent and warrant that: (1) all registration information you submit is true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and agree to comply with these Legal Terms; (4) you are not a minor in the jurisdiction in which you reside; (5) you will not access the Services through automated or non-human means, whether through a bot, script, or otherwise; (6) you will not use the Services for any illegal or unauthorized purpose; and (7) your use of the Services will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).

4. USER REGISTRATION

You may be required to register to use the Services. You agree to keep your password confidential and are responsible for all use of your account and password. We reserve the right to remove, reclaim, or change any username you choose if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

5. PROHIBITED ACTIVITIES

You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
As a user of the Services, you agree not to:

• Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without our written permission.
• Trick, defraud, or mislead us or other users, particularly in any attempt to learn sensitive account information such as user passwords.
• Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein.
• Disparage, tarnish, or otherwise harm us and/or the Services in our opinion.
• Use information obtained from the Services to harass, abuse, or harm another person.
• Improperly use our support services or submit false reports of abuse or misconduct.
• Use the Services in a manner inconsistent with any applicable law or regulation.
• Frame or link to the Services without authorization.
• Upload or transmit (or attempt to upload or transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party's uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services.
• Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
• Delete any copyright or other proprietary notices from any content.
• Attempt to impersonate another user or person, or use another user's username.
• Upload or transmit (or attempt to upload or transmit) any material that acts as a passive or active information collection or transmission mechanism, including, but not limited to, Clear Graphics Interchange Formats ("GIFs"), 1x1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as "spyware" or "passive collection mechanisms" or "PCMs").
• Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services.
• Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you.
• Attempt to circumvent any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services.
• Copy or adapt the Services' software, including, but not limited to, Flash, PHP, HTML, JavaScript, or other code.
• Except as permitted by applicable law, do not decipher, decompile, disassemble, or reverse engineer any software comprising or in any way forming part of the Services.
• Except as may be caused by standard search engine or Internet browser usage, do not use, launch, develop, or distribute any automated system, including but not limited to any spider, robot, cheat utility, scraper, or offline reader, that accesses the Services, or use or launch any unauthorized script or other software.
• Do not use a purchasing agent or purchasing representative to make purchases through the Services.
• Make any unauthorized use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email or creating user accounts by automated means or under false pretenses.
• Do not use the Services to compete with us or otherwise use the Services and/or the Content for any revenue-generating endeavor or commercial enterprise.
• Do not use the Services to advertise or offer to sell goods or services.
• Do not sell or otherwise transfer your profile.
• Do not make false statements about a restaurant, other business, or person, or post false reviews, ratings, or comments about a restaurant, other business, or person.
• Post content that is illegal, harassing, hateful, harmful, defamatory, obscene, abusive, discriminatory, threatening to any individual or group, sexually explicit, false, inaccurate, fraudulent, or misleading.

6. USER-GENERATED CONTRIBUTIONS

The Services may invite you to chat, contribute, or participate in blogs, message boards, online forums, and other features, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or through the Services, including, but not limited to, text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions"). Contributions may be viewed by other users of the Services and through third-party websites. Therefore, any Contributions you submit may be treated as non-confidential and non-proprietary. By creating or making available Contributions, you thereby represent and warrant that:

• The creation, distribution, transmission, public display, or performance, as well as the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
• You are the creator and owner of, or have the necessary licenses, rights, consents, releases, and permissions to use, and to authorize us, the Services, and other users of the Services to use, your Contributions in any manner contemplated by the Services and these Legal Terms.
• You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Services and these Legal Terms.
• Your Contributions are not false, inaccurate, or misleading.
• Your Contributions do not constitute unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
• Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, defamatory, or otherwise objectionable (as determined by us).
• Your Contributions do not mock, ridicule, disparage, intimidate, or abuse anyone.
• Your Contributions are not used to harass or threaten any other person (in the legal sense of those terms) or to promote violence against any individual or group of people.
• Your Contributions do not violate any applicable law, regulation, or rule.
• Your Contributions do not invade the privacy or publicity rights of any third party.
• Your Contributions do not violate any applicable law concerning child pornography or otherwise intended to protect the health or well-being of minors.
• Your Contributions do not contain offensive comments related to race, national origin, gender, sexual orientation, or physical disability.
• Your Contributions do not otherwise violate, or link to, any provision of these Terms or any applicable law or regulation.
  We reserve the right to moderate or remove content that violates these rules.

Any use of the Services in violation of the foregoing violates these Terms and may result in, among other things, termination or suspension of your rights to use the Services.

7. CONTRIBUTION LICENSE

By posting Contributions through our Platform or connected services (e.g., reviews, ratings, comments, uploaded files, game content), you automatically grant us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully paid, worldwide right and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, rename, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, whether commercial, promotional, or otherwise, and you represent and warrant that you have the right to grant us such right, and you grant and authorize sublicenses of the foregoing. Such use and distribution may be in any media formats and through any media channels.
This license applies to all forms, media, or technologies now known or hereafter developed and includes our use of your name, company name, and franchise name, as applicable, and all trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions and warrant that no moral rights have been otherwise asserted in your Contributions.
We do not claim ownership of your Contributions. You retain full ownership of all your Contributions and all intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions that you provide in any area of ​​the Services. You are solely responsible for your Contributions to the Services and expressly agree to indemnify us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
We have the right, in our sole and absolute discretion, to (1) edit, redact, or otherwise alter any Contributions; (2) recategorize Submissions to place them in more appropriate locations on the Services; and (3) pre-screen or delete Submissions at any time and for any reason without notice. We have no obligation to monitor your Submissions.

8. USER CONTENT GUIDELINES

We may provide areas on the Services where you can submit and publish content. The following User Content Guidelines apply to all content posted on our Platform or on any connected service. If you submit content, you must meet the following criteria:

• (1) Your content must not contain offensive profanity or obscenity, or offensive, racist, abusive, or hateful language;
• (2) Your content must not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability;
• (3) Your content must not contain references to illegal activities;
• (4) You must not be affiliated with competitors when submitting negative content;
• (5) You must not draw conclusions regarding the legality of the conduct;
• (6) You must not make false or misleading statements; and
• (7) You may not organize a campaign that encourages others to submit content, whether positive or negative.
• (8) If the content is a review, you should have direct experience with the person/entity being reviewed.

We may accept, reject, or remove content at our sole discretion. We have absolutely no obligation to review or delete any content, even if someone considers it offensive or inaccurate. Content is not endorsed by us and does not necessarily reflect our opinions or the views of our other services or partners. We assume no liability for reviews or for any claims, liabilities, or losses arising from any content. By posting any content, you hereby grant us a perpetual, non-exclusive, worldwide, royalty-free, fully paid, transferable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content related to the review.

9. SOCIAL MEDIA

As part of the functionality of the Services, you may link your account with online accounts you may have with third parties (each such account, a "Third-Party Account") by either: (1) providing your Third-Party Account login information through the Services; or (2) allowing us to access your Third-Party Account, as permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent and warrant that you are legally entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account, without breach of the terms and conditions that govern your use of the applicable Third-Party Account, and without subjecting us to any fees or making us subject to any usage limitations imposed by the third-party service provider of the Third-Party Account. By granting us access to Third-Party Accounts, you agree that (1) we may access, make available, and (if applicable) store any content you have provided to and stored in your Third-Party Account (the "Social Network Content") so that it is available on and through the Services through your account, including but not limited to friends lists, and (2) we may provide to and receive additional information from your Third-Party Account, provided you are notified when you link your account to the Third-Party Account. Depending on the Third-Party Accounts you select and subject to the privacy settings you have set in such Third-Party Accounts, personal information that you post to your Third-Party Accounts may be available on and through your account on the Services. Please note that if a Third-Party Account or associated service becomes unavailable, or our access to such Third-Party Account is terminated by the third-party service provider, Social Network Content may no longer be available on and through the Services. You have the option to deactivate the connection between your account on the Services and your Third-Party Accounts at any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. We make no effort to review Social Network Content for any purpose, including, but not limited to, accuracy, legality, or non-infringement, and we are not responsible for Social Network Content. You acknowledge and agree that we may access your email address book associated with a Third-Party Account and your contact list stored on your mobile device or tablet computer solely for the purpose of identifying and notifying you of those contacts who have also registered to use the Services. You may deactivate the connection between the Services and your Third-Party Account by contacting us using the contact information below or through your account settings (if applicable). We will attempt to delete all information stored on our servers that was obtained through such a third-party account, except for the username and profile picture that will be associated with your account.

10. THIRD-PARTY WEBSITES AND CONTENT

The Services may contain (or you may be sent links to through the Services) links to other websites ("Third-Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third-Party Content"). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Services or any Third-Party Content posted on, available through, or installed from the Services, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or Third-Party Content. The inclusion of, linking to, or permitting the use or installation of Third-Party Websites or Third-Party Content does not constitute approval or endorsement thereof by us. If you decide to leave the Services and access any Third-Party Websites or use or install any Third-Party Content, you do so at your own risk, and you should be aware these legal terms no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Services or relating to any applications you use or install from the Services. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we assume no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered by Third-Party Websites, and you will indemnify us against any harm caused by your purchase of such products or services. Furthermore, you indemnify us against any losses or harm caused to you relating to or resulting from any Third-Party Content or any contact with Third-Party Websites.

11. CONNECTED SERVICES

You can use additional services ("Connected Services") through your DieFetteBrxnette account (DieFetteBrxnette Account). These may be operated by us or by third parties.

• Own connected services (e.g., Snakys or DönErli): With your consent, these services can access and, if necessary, update certain profile data, link your account with service-specific features (e.g., game progress, social interactions, ratings), and synchronize settings.
• External third parties: These services only receive the information necessary for authentication (e.g., email, username) and cannot change account data. If an external service requires extended rights, this will be clearly disclosed in advance and requires your express consent.

Before connecting to a service, we will inform you about the data transferred and the purpose of processing. You can revoke your consent and disconnect at any time in your account settings.

12. SERVICE MANAGEMENT

We reserve the right, but have no obligation, to: (1) monitor the Services for violations of these Legal Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Legal Terms, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, remove from the Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.

13. Privacy Policy

The protection of your personal data is important to us. Information about what data we collect, how we process it, and what rights you have with regard to your data can be found in our separate Privacy Policy, which is part of these Terms of Use.

Data Processing in the Context of the Services

In the context of providing our services, we process personal data such as:

• your account information (e.g., username, email address),
• content you provide (e.g., comments, ratings, reviews),
• technical information (e.g., IP address, usage statistics), and
• settings and preferences (e.g., privacy settings, visibility of your content).

This data is processed exclusively in accordance with the General Data Protection Regulation (GDPR) and other applicable data protection laws.

Legal Basis for Processing

The processing of your personal data is based on the following legal bases:

• Art. Article 6 (1) (b) GDPR: Processing is necessary to provide the services you have requested and to fulfill the contract.
• Article 6 (1) (f) GDPR**: Processing is carried out to protect our legitimate interests, in particular to improve our services, ensure the security of the platform, and analyze usage.
• Article 6 (1) (a) GDPR**: In certain cases (e.g., consent to marketing measures or the storage of cookies), processing is based on your consent.

Your rights

According to the GDPR, you have the following rights with regard to your personal data:

• Right to information (Article 15 GDPR): You can request an overview of the data we process.
• Right to rectification (Article 16 GDPR): You can request the correction of inaccurate data.
• Right to erasure (“right to be forgotten,” Article 17 GDPR): You can request the erasure of your data.
• Right to restriction of processing (Art. 18 GDPR): You can restrict the processing of your data under certain circumstances.
• Right to data portability (Art. 20 GDPR): You can receive your data in a machine-readable format.
• Right of objection (Art. 21 GDPR): You can object to the processing of your data, in particular to processing based on Art. 6 (1) (f) GDPR.

Further information

For further details on the processing of your personal data, please refer to our full Privacy Policy. If you have any questions or concerns regarding data protection, you can contact us at any time at [email protected].

14. COPYRIGHT INFRINGEMENT

We respect the intellectual property rights of others. If you believe that any material available on or through the Services infringes a copyright you own or control, please notify us immediately using the contact information provided below (a "Notification"). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be aware that, under applicable law, you may be held liable for damages if you make material misrepresentations in a Notification. Therefore, if you are not sure whether material located on or linked to by the Services infringes your copyright, you should first contact an attorney.

15. TERM AND TERMINATION

These Legal Terms will remain in full force and effect while you use the Services. Without limiting any other provision of these Legal Terms, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the Services (including blocking certain IP addresses) to any person for any reason or for no reason, including without limitation for breach of any representation, warranty, or covenant contained in these Legal Terms or of any applicable law or regulation. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION POSTED BY YOU AT ANY TIME, WITHOUT WARNING AND IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you are acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including but not limited to civil and criminal redress, and injunctive relief.

16. CHANGES AND INTERRUPTIONS

We reserve the right to change, modify, or remove content from the Services at any time and for any reason at our sole discretion and without notice. However, we are under no obligation to update any information on our Services. We will not be liable to you or any third-party for any modification, price change, suspension, or discontinuance of the Services.
We cannot guarantee that the Services will always be available. Hardware, software, or other problems may arise, or we may need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time and for any reason without notice. You agree that we will not be liable for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services. These Legal Terms shall not be construed to obligate us to maintain and support the Services or to provide any corrections, updates, or releases in connection therewith.

17. GOVERNING LAW

These Legal Terms are governed by and construed in accordance with German law. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. If your habitual residence is in the EU and you are a consumer, you will additionally enjoy the protection afforded to you by the mandatory legal provisions of your country of residence. DieFetteBrxnette.xyz and you agree to submit to the non-exclusive jurisdiction of the courts in Erlangen, Bavaria. This means that you may assert a claim to defend your consumer protection rights with respect to these Legal Terms in Germany or in the EU country in which you reside.

18. DISPUTE RESOLUTION

Informal Negotiations

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms (each a "Dispute" and collectively, the "Disputes") brought by either you or us (individually, a "Party" and collectively, the "Parties"), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations will begin upon written notice from one Party to the other.

Binding Arbitration

Any dispute arising from the relationship between the parties to these Legal Terms shall be decided by one arbitrator selected in accordance with the Rules of Arbitration and Procedure of the European Court of Arbitration, part of the European Arbitration Centre, based in Strasbourg, in effect at the time the request for arbitration is filed, and acceptance of which is deemed to occur by accepting this clause. The seat of the arbitration shall be Erlangen, Germany. The languages ​​of the proceedings shall be English and German. The law of Germany shall apply.

Restrictions

The parties agree that any arbitration shall be limited to the Dispute between the parties individually. To the extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there shall be no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

Exceptions to Informal Negotiations and Arbitration

The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, a Party's intellectual property rights; (b) any Disputes related to or arising from allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claims for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable. The Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

19. CORRECTIONS

Information on the Services may contain typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information on the Services at any time without prior notice.

20. DISCLAIMER

The Services are provided "as is" and "as available." Use of the Services is at your own risk. We make no express or implied warranties regarding the availability, accuracy, completeness, or suitability of the Services for a particular purpose, to the fullest extent permitted by law. This disclaimer does not apply to damages resulting from gross negligence, willful intent, or the breach of essential contractual obligations on our part. Essential contractual obligations are those whose fulfillment makes the proper execution of this contract possible in the first place and on whose compliance the user may regularly rely.
We assume no liability or responsibility for:

• Errors or inaccuracies in content and materials;
• Personal injury or property damage of any kind resulting from access to or use of the Services;
• Unauthorized access to or use of personal data;
• Interruptions or cessation of transmission to or from the Services;
• Bugs, viruses, or other malware that may be transmitted by third parties.

21. LIMITATIONS OF LIABILITY

Our liability is in any event limited to the amount you paid for using the Services within the last six (6) months prior to the damage. This limitation does not apply to damages resulting from gross negligence, willful misconduct, or injury to life, limb, or health. For violations of data protection regulations, we are liable within the scope of statutory provisions.
Certain local laws do not allow limitations on implied warranties or the exclusion of certain damages. In these cases, the statutory minimum requirements apply.

22. INDEMNIFICATION

You agree to indemnify and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third-party due to or arising out of: (1) your Contributions; (2) use of the Services; (3) breach of these Legal Terms; (4) any breach of your representations and warranties set forth in these Legal Terms; (5) your violation of any third-party rights, including but not limited to intellectual property rights; or (6) any overt harmful activity toward other users of the Services with whom you connect through the Services. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

23. USER DATA

We maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data related to your use of the Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activities you have undertaken using the Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

24. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications and agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and through the Services, satisfy any legal requirement that such communications be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records or to payments or the granting of credits by any means other than electronic means.

25. USERS AND CALIFORNIA RESIDENTS

If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.

26. EXCLUDED

The content marked "Changes Summary" here, if any, is expressly excluded from these Terms and does not form a legal part of these Terms.