Terms Of Service – CashPirate
1. General Information Regarding These Terms Of Service
Please read these terms carefully because they apply to your use of:
- the CashPirate App
operated by ayeT-Studios GmbH, including the products and services provided through the Apps and Websites (collectively, the “Services”).
ayeT-Studios is a GmbH with a business office at Lister Platz 2, 30163 Hannover, Germany. Unless otherwise agreed in writing with ayeT-Studios, your use of the above Websites, Apps or Services thereof will always be subject to, at a minimum, the terms and conditions set out in this document. These are referred to as the “Master Terms.”
In addition, your use of any Website, App or Service may also be subject to the terms of any legal notice applicable to the Website or Service, in addition to the Master Terms. All such terms supplementing these Master Terms are referred to below as the “Additional Terms.” Where Additional Terms apply to a Website, App or Service, these will be accessible for you to read either within, or through your use of, that Website, App or Service.
The Master Terms, together with any Additional Terms, form a binding legal agreement between you and ayeT-Studios in relation to your use of the Websites and the Services. Collectively, this legal agreement is referred to below as the “Terms.” If there is any contradiction between the Additional Terms and the Master Terms, then the Additional Terms shall take precedence in relation to the Website or Service to which the Additional Terms apply.
2. Your Agreement to the Terms
YOUR ACCESS OR USE OF ANY WEBSITE, APP OR SERVICE IN ANY WAY SIGNIFIES THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THE TERMS. By accessing or using any Website, App or Service you also represent that you have the legal authority to accept the Terms on behalf of yourself and any party you represent in connection with your use of any Website, App or Service. If you do not agree to the Terms, you are not authorized to use any Website, App or Service.
3. Changes to the Terms
From time to time, ayeT-Studios may change, remove, add to (including without limitation by way of Additional Terms) or otherwise modify the Terms, and reserves the right to do so in its discretion. In that case, we will post the updated Master Terms or Additional Terms, as relevant, to the applicable Website(s) and Apps and indicate the date of revision. We encourage you to periodically review the Terms. In addition, if our modifications are material, we will make commercially reasonable efforts to notify you electronically. For example, we may send a message to your email address, if we have one on file, or we may display a notice on the Websites or Apps indicating that the Terms have changed. All new and/or amended Terms take effect immediately; provided, however, that if deemed material by ayeT-Studios in its sole discretion, such new and/or additional material terms will be marked as such and will take effect 30 days after they are posted on the applicable Website. Notwithstanding the foregoing, (i) no modification to the Terms will apply to any dispute between you and ayeT-Studios that arose prior to the effective date of any modification and (ii) if you do not agree with any modification to the Terms, you may terminate this agreement by ceasing use of the Websites, Apps and Services. Your continued use of any Website, App or Service after new and/or revised Terms are effective indicate that you have read, understood and agreed to those Terms.
4. Provision of the Websites, Apps and Services Generally
ayeT-Studios makes the Websites, Apps and Services available to you on the Terms. You may only use the Websites, Apps and Services in accordance with these Master Terms and any applicable Additional Terms. In particular but without limitation, you may not use the Websites, Apps and Services for any purpose that is unlawful or prohibited by these Master Terms, any applicable Additional Terms, or any other conditions or notices that are made available on any Website, App or Service.
5. Location of the Websites, Apps and Services
The Websites, Apps and Services are controlled and offered by ayeT-Studios from its facilities in Germany. ayeT-Studios makes no representations that the Websites, Apps or Services are appropriate or available for use in other locations. If you are accessing or using any Website, App or Service from other jurisdictions, you do so at your own risk and you are responsible for compliance with local law. Notwithstanding the foregoing, the Websites or Apps may contain or provide links to Content (defined in Section 8, below) hosted on websites located outside of Germany.
6. User Conduct
Users agree not to use the Websites, Apps or Services to:
a) Post, use or transmit Content that you do not have the right to post or use, for example, under intellectual property, confidentiality, privacy or other applicable laws;
b) Post, use or transmit unsolicited or unauthorized Content, including advertising or promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of unsolicited or unwelcome solicitation or advertising;
c) Post, use or transmit Content that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or otherwise interfere with or disrupt the Websites, Apps or Services or servers or networks connected to the Websites, Apps or Services, or that disobeys any requirements, procedures, policies or regulations of networks connected to the Websites, Apps or Services;
d) Post or transmit Content that is harmful, offensive, obscene, abusive, invasive of privacy, defamatory, hateful or otherwise discriminatory, false and misleading, incites an illegal act, or is otherwise in breach of your obligations to any person or contrary to any applicable laws and regulations;
e) Intimidate or harass another;
f) Use or attempt to use another’s account, service, or personal information;
g) Remove, circumvent, disable, damage or otherwise interfere with any security-related features that enforce limitations on the use of the Websites, Apps or Services;
h) Attempt to gain unauthorized access to the Websites, Apps or Services, other accounts, computer systems or networks connected to the Websites, Apps or Services, through hacking password mining or any other means or interfere or attempt to interfere with the proper working of the Websites, Apps or Services or any activities conducted through the Websites, Apps or Services;
i) Use any means to bypass or ignore robots.txt, or other measures we use to restrict access or use of the Websites, Apps or Services;
j) Impersonate another person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity; or
k) Post or transmit any personally identifiable information about persons under 13 years of age, including without limitation in connection with the Website (located at www.cashpirate.mobi) or the Services offered thereon.
In addition, you may not (and may not authorize another party to): (i) frame or otherwise co-brand the Websites, Apps or Services (for example, by displaying a name, logo, trademark or other means of attribution of a third party that is reasonably likely to give the user the impression that that third party has the right to display, publish or distribute the Website, App or Service); or, (ii) use any Website, App or Service in any manner that could disable, overburden, damage or impair such Website, App or Service, or interfere with any other party’s use and enjoyment of any Website or Service.
You acknowledge, consent and agree that ayeT-Studios may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce the Terms; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of ayeT-Studios, its users and the public. You understand that the Services and software embodied within the Services may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by ayeT-Studios and/or content providers who provide content to the Services. You may not attempt to override or circumvent any of the usage rules embedded into the Services. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Services, in whole or in part, is strictly prohibited.
7. Terms Relating to Content and Services on the Websites, Apps and Services
Responsibility for Content. You understand that all material, data and information, such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images (collectively, “Content”) which you may have access to as part of, or through your use of, the Websites, Apps and Services are the sole responsibility of the person from which such Content originated. This includes assertions that persons may make, expressly or impliedly, about the provenance and ownership of Content that they supply, upload, list and/or link to. You acknowledge that ayeT-Studios does not make any representations or warranties about the Content, including without limitation, about the accuracy, integrity or quality of the Content made available at the instigation of users of the Websites, Apps and Services. You understand that by using the Websites, Apps and Services, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances is ayeT-Studios liable in any way for any Content, including, but not limited to: any infringing Content, any errors or omissions in Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted to, linked to or otherwise accessible or made available via the Websites, Apps and Services.
8. Licenses Associated With Content on the Websites, Apps and Services
ayeT-Studios Content: All Content (other than computer software) owned by ayeT-Studios and made available by ayeT-Studios on the Websites, Apps or through the Services belongs to ayeT-Studios, unless marked otherwise.
Your Content: ayeT-Studios does not claim ownership of Content you submit or make available for inclusion on the Services. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Services, you grant ayeT-Studios the following worldwide, royalty-free and non-exclusive license(s), as applicable: the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Services solely for the purposes of providing and promoting the services. This license exists only for as long as you elect to continue to include such Content on the Services and will terminate at the time you remove or ayeT-Studios removes such Content from the Services.
Third Party Content: Third Party Content and Third Party Websites (as defined in Section 8, below) that ayeT-Studios links to or embeds in the Websites or that are provided through the Services, including but not limited to blogs and news feeds, are subject to the license terms accompanying such Content. For Third Party Content and Third Party Websites that ayeT-Studios supplies, as a courtesy ayeT-Studios will take reasonable steps to clearly mark any such Third Party Content or Third Party Websites that are not licensed under ayeT-Studios; provided, however, that ayeT-Studios cannot and does not make any guarantee or warranty whatsoever about the license terms of Third Party Content or Third Party Websites and provides all such information AS-IS.
Search Results: ayeT-Studios provides website search tools as a Service on some of the Websites. Those search tools may return Content that is not ayeT-Studios licensed. ayeT-Studios will make reasonable efforts to clearly mark whether such Content is licensed under a ayeT-Studios license based on any license information our search tools are able to locate and interpret. As stated above, you should independently verify the terms of the license attached to any Content you intend to use.
Content You Provide.You may only submit Content to the Websites, Apps or in connection with the Services that you have the right to submit. This means that you can only submit Content that you yourself create, that is in the public domain or that you have been expressly granted the right to submit consistent with the Terms. For the avoidance of doubt, Content that infringes the rights of any third party (e.g., Content used without express permission of the copyright owner and not otherwise permitted by law) must not be submitted. You represent, warrant and agree that no Content of any kind submitted, posted or otherwise shared by you on or through any of the Websites, Apps or Services, violates or infringes upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights, or contains libelous, defamatory or otherwise unlawful material. Further, you represent, warrant and agree not to submit any personally identifiable information, including any Content containing personally identifiable information, about any person who is under 13 years of age. ayeT-Studios may, but is not obligated to, review your submissions and may delete or remove (without notice) any Content in its sole discretion that ayeT-Studios determines violates the Terms or that may be offensive, illegal, or that might violate the rights, harm or threaten the safety of others. ayeT-Studios does not endorse or support any Content posted by you or any other third party on or through the Websites or Services. You alone are responsible for creating backup copies and replacing any Content you post on the Websites, Apps or Services, and you authorize ayeT-Studios to make copies of your Content as we deem necessary in order to facilitate the posting of your Content on the Websites, Apps or Services. You may request the removal of your Content from the Websites, Apps or Services at any time, and ayeT-Studios will take reasonable steps to promptly remove such Content; provided, however, that ayeT-Studios can remove any such Content only from its Websites and Apps and cannot remove Content from email archives, wiki history pages and similar community forums where you may post content, or others’ computers, such as Content you may have sent to others in an email posted to a ayeT-Studios email list. If you choose to remove your Content, the ayeT-Studios license you granted when submitting such Content (see subparagraph above) will remain in full force and effect in accordance with its terms.
Use of Content on the Website, App or Services.You may use the Content you find on the Websites, Apps or Services in accordance with the terms of the license applicable to that Content. For the avoidance of doubt, you must attribute all Content (except public domain Content) in the manner specified by the author or licensor (including attribution to any designated Attribution Party) and in accordance with the terms of such license and you must not remove or alter any copyright, trademark, name or other notice or legend that appears in connection with the Content. You represent and warrant to ayeT-Studios that you will use any and all Content on our Websites, Apps or Services in accordance with the applicable license. You should be sure to review the terms of that license before you use the Content to which it applies so that you know what you can and cannot do.By using the Websites, Apps or Services, you agree that you are solely responsible for your use of any and all Content made available thereon. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the provenance, ownership, accuracy, completeness, or reliability of such Content. In this regard, you acknowledge that you may not rely on any Content made available on the Websites or Services without your own independent evaluation of that Content. ayeT-Studios does not guarantee that Content made available on the Websites, Apps or Services does not infringe the rights of any third party.
International Use: Although this site may be accessible worldwide, we make no representation that materials on this site are appropriate or available for use in locations outside of Germany, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with this site is void where prohibited.
Participation in Promotions: From time to time, this site may include advertisements offered by third parties. You may enter into correspondence with or participate in promotions of the advertisers showing their products on this site. Any such correspondence or promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between you and the advertiser. We assume no liability, obligation or responsibility for any part of any such correspondence or promotion.
Dealings with Advertisers: Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that ayeT-Studios shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Services.
9. Third Party Websites and Content; Links
The Websites, Apps or Services may contain links to websites, software or services not controlled by ayeT-Studios (“Third Party Websites”), as well as Content belonging to or originating from persons or organizations other than ayeT-Studios (“Third Party Content”). You acknowledge that ayeT-Studios is not responsible or liable for any Third Party Websites or any Third Party Content, information or products made available at any Third Party Website, regardless of whether Third Party Websites provide the option for users to apply ayeT-Studios licenses to Content hosted on those sites, or whether any Third Party Website or Third Party Content bears a ayeT-Studios license. You further acknowledge that ayeT-Studios (a) is not responsible or liable for any Third Party Websites or any Third Party Content, information or products made available at any Third Party Website; (b) has not reviewed any Third Party Websites or Third Party Content for accuracy, appropriateness, completeness or non infringement; (c) has not sponsored or otherwise endorsed Third Party Websites or Third Party Content; and (d) makes no representations or warranties whatsoever about any Third Party Websites or Third Party Content.
Other web sites may provide links to the Service with or without our authorization. We do not endorse such sites, and are not and shall not be responsible or liable for any links from those sites to the Service, any content, advertising, products or other materials available on or through such other sites, or any loss or damages incurred in connection therewith.
YOU AGREE THAT YOUR USE OF THIRD PARTY WEB SITES AND RESOURCES, INCLUDING WITHOUT LIMITATION, YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH WEB SITES AND RESOURCES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH SITES AND RESOURCES.
We shall have the right, at any time and in our sole discretion, to block links to the Service through technological or other means without prior notice.
10. Participating in Our Community: Registered Users
Registering for an account on any of the Websites, including but not limited to the websites operated at www.cashpirate.mobi is void where prohibited. Only persons who are over the age of majority in their jurisdiction (which typically is 18, but may be different in your jurisdiction) and fully competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in the Terms and to abide by and comply with the Terms may register for an account and use the related Services; provided, however, that if you are under the age of majority in your jurisdiction but over 13 years of age, you may join with the express permission of your parent or legal guardian. Any registration by, use of or access to the Services provided to Registered Users (defined below) by anyone (1) under the age of 13 or (2) under the age of majority in their jurisdiction but without parental or guardian permission, is unauthorized, unlicensed and a violation of these Master Terms. By registering for an account on any of the Websites, Apps or using the related Services, you represent and warrant that you (1) are the age of majority in your jurisdiction or, (2) are over the age of 13 and have the express permission of a legal guardian to become a Registered User and use Services made available to Registered Users, and you further agree to abide by all of the terms and conditions of these Master Terms and any applicable Additional Terms.
Services offered to Registered Users are provided subject to these Master Terms and any Additional Terms specified on the relevant Website. ayeT-Studios reserves the right to modify or discontinue the accounts of Registered Users and related Services at any time. ayeT-Studios disclaims any and all liability to Registered Users and third parties in the event ayeT-Studios exercises its right to modify or discontinue user accounts or related Services.
Registration; Security. You agree to (a) provide accurate, current and complete information about you, if and as may be prompted by the registration process on the any of the Websites or Apps, (b) maintain the security of your password(s) and identification, (c) maintain and promptly update your registration information and any other information you provide to ayeT-Studios, and to keep it accurate and complete to, among other things, allow us to contact you, and (d) be fully responsible for all use of your account and for any actions that take place using your account. It is your responsibility to ensure that ayeT-Studios has up-to-date contact information for you. You may not set up an account or membership on behalf of another individual or entity unless you are authorized to do so.
No Membership in ayeT-Studios. As used in these Master Terms, “Registered User” means a person who has registered and obtained an account on one of our Websites or Apps. Becoming a Registered User or using any of the related Websites, Apps or Services does not and shall not be deemed to make you a member, shareholder or affiliate of ayeT-Studios for any purposes whatsoever, nor shall you have any of the rights of statutory members as defined in General Law.
Termination; Termination and Inactivation of User Accounts. Your participation as a Registered User and use the related Services terminates automatically upon your breach of any of these Master Terms or applicable Additional Terms.
In addition, ayeT-Studios may, at any time: (a) modify, suspend or terminate the operation of or access to your user account for any reason; (b) modify or change such Websites, Apps and Services and any applicable Terms and policies governing your user account and related Websites, Apps and Services for any reason; and (c) interrupt user accounts and related Websites, Apps and Services for any reason, all as ayeT-Studios deems appropriate in its discretion. Your access to your account, and use of the related Websites, Apps and Services may be terminated by you or by ayeT-Studios at any time and for any reason whatsoever, without notice.
In addition, ayeT-Studios reserves the right to delete and purge any account and all Content associated therewith following any prolonged period of inactivity, all as may be determined by ayeT-Studios in its complete discretion.
11. Terms of Payment
“Virtual Currency” bound to your account may be available through Services of ayeT-Studios.
The functionality of Websites, Apps or Services operated by ayeT-Studios might include but is not limited to “earning” of Virtual Currency for its users. Virtual Currency can be redeemed for “Rewards” at variable exchange rates, set by ayeT-Studios.
Virtual Currency cannot be transferred to any real world currency and is limited to the rates and Rewards set by ayeT-Studios.
“Reward” is defined as a payout via Paypal or other payment providers or a payout/redeem in form of gift cards or any other physical or virtual goods.
Available Rewards depend solely on the payout or redeem methods offered by Websites, Apps or Services operated by ayeT-Studios. Rewards are not refundable and cannot be transformed back into Virtual Currency or any other real world currency.
Amounts of Virtual Currency below the minimum Reward exchange rate – equal to USD 5 unless otherwise communicated – are held until the minimum level is reached and the customer signals that he wishes an exchange for a Reward.
ayeT-Studios shall try to pay or send Rewards to the customer within sixty (60) days following a valid exchange request initiated by the customer. There is no warranty for the customer to acutally get a Reward. Furthermore ayeT-Studios is not liable for any costs, losses or other damage due to undelivered or non-functional Rewards. ayeT-Studios cannot guarantee to get paid by his affiliate-partners, may it be at all, on time or to the full extend, and therefore cannot guarantee delivering any Rewards to the customer and furthermore cannot be held liable for any Rewards in exchange for Virtual Currency.
12. DISCLAIMER OF WARRANTIES
TO THE FULLEST EXTENT PERMITTED BY THE APPLICABLE LAW, AYET-STUDIOS OFFERS THE WEBSITES, APPS AND SERVICES AS-IS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING THE WEBSITES, APPS OR SERVICES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. AYET-STUDIOS DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED ON THE WEBSITE, APP OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT AYET-STUDIOS’S SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. AYET-STUDIOS DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE OR THE RESULT OF USE OF THE CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE.
13. LIMITATION OF LIABILITY
EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW AND THEN ONLY TO THAT EXTENT, IN NO EVENT WILL AYET-STUDIOS, ITS EMPLOYEES, OFFICERS, DIRECTORS, AFFILIATES OR AGENTS (“THE AYET-STUDIOS PARTIES”) BE LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR INCOME, LOST PROFITS, PAIN AND SUFFERING, EMOTIONAL DISTRESS, COST OF SUBSTITUTE GOODS OR SERVICES, OR SIMILAR DAMAGES SUFFERED OR INCURRED BY YOU OR ANY THIRD PARTY THAT ARISE IN CONNECTION WITH THE WEBSITES, APPS OR SERVICES (OR THE TERMINATION THEREOF FOR ANY REASON), EVEN IF THE AYET-STUDIOS PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE AYET-STUDIOS PARTIES SHALL NOT BE RESPONSIBLE OR LIABLE WHATSOEVER IN ANY MANNER FOR ANY CONTENT POSTED ON THE WEBSITES, APPS OR SERVICES (INCLUDING CLAIMS OF INFRINGEMENT RELATING TO CONTENT POSTED ON THE WEBSITES, APPS OR SERVICES, FOR YOUR USE OF THE WEBSITES, APPS AND SERVICES, OR FOR THE CONDUCT OF THIRD PARTIES WHETHER ON THE WEBSITES, IN CONNECTION WITH THE SERVICES OR OTHERWISE RELATING TO THE WEBSITES, APPS OR SERVICES.
You agree to indemnify and hold harmless the ayeT-Studios Parties (defined above) from and against any and all loss, expenses, damages, and costs, including without limitation reasonable attorneys fees, resulting, whether directly or indirectly, from your violation of the Terms. You also agree to indemnify and hold harmless the ayeT-Studios Parties from and against any and all claims brought by third parties arising out of your use of any of the Websites, Apps or Services and the Content you make available via any of the Websites, Apps or Services by any means, including without limitation through a posting, a link, reference to Content, or otherwise.
The Websites, Apps and Services may contain trademarks, service marks, logos and other names that are the property of ayeT-Studios or such other party as indicated with respect to that name or icon.
17. Copyright Complaints
ayeT-Studios respects the intellectual property rights of others, and we prohibit users of our Websites, Apps and Services from submitting, uploading, posting or otherwise transmitting any materials that violate another person’s intellectual property rights.
Please contact us to report alleged copyright infringement: firstname.lastname@example.org
Additionally, it is our policy to terminate usage rights and any applicable user accounts of users we determine to be “repeat infringers” of others’ copyrights.
Content hosted on Third Party Websites is the responsibility of those Websites, and not of ayeT-Studios, regardless of whether the Content bears a ayeT-Studios license. If you are the copyright owner of Content hosted on a Third Party Website, and you have not authorized the use of your Content, please contact the administrator of the hosting Website directly to have the Content removed.
18. Termination of this Agreement
These Master Terms and any Additional Terms will continue to apply until terminated by either you or ayeT-Studios as set out below. Your right to access and use the Websites, Apps and Services terminates automatically upon your breach of any of these Master Terms or Additional Terms that may apply to any of the Websites, Apps or Services.
ayeT-Studios may, at any time: (a) modify, suspend or terminate the operation of or access to any of the Websites, Apps or Services, or any portion of the Websites, Apps or Services, for any reason; (b) modify or change the Websites, Apps or Services, or any portion of the Websites, Apps or Services, and any Master Terms, Additional Terms and other policies governing the use of the Websites, Apps or Services, for any reason; (c) interrupt the operation of the Websites, Apps or Services, or any portion of the Websites, Apps or Services, for any reason, all as ayeT-Studios appropriate in its sole discretion.
Your access to, and use of, the Websites, Apps or Services may be terminated by you or by ayeT-Studios at any time and for any reason. ayeT-Studios will use reasonable efforts to notify you in advance about any material modification, suspension or termination by ayeT-Studios that is not caused by your breach of the Terms.
The disclaimer of warranties, the limitation of liability and the jurisdiction and applicable law provisions shall survive any termination. The license grants mentioned herein shall continue in effect subject to the terms of the applicable license. Your warranties and indemnification obligations shall survive any termination for one year.
19. Miscellaneous Terms
These Master Terms and any Additional Terms are governed by and construed by the laws of Germany, exclusive of its choice of law rules. The parties agree that any disputes or proceedings between ayeT-Studios and you concerning these Master Terms, any Additional Terms, and/or any of the Websites, Apps or Services shall be brought in a federal or state court of competent jurisdiction sitting in Hannover Germany, and hereby consent to the personal jurisdiction and venue of such court. Either party’s failure to insist on or enforce strict performance of any of the Terms shall not be construed as a waiver of any provision or right. If any term or part of the Terms is held to be invalid or unenforceable by any law or regulation or final determination of a competent court or tribunal, that provision will be deemed severable and will not affect the validity and enforceability of any remaining provisions. The parties agree that no joint venture, partnership, employment, or agency relationship exists between you and ayeT-Studios as a result of these Master Terms, any Additional Terms, or your use of any of the Websites, Apps or Services. These Master Terms and any applicable Additional Terms constitute the entire agreement between you and ayeT-Studios relating to this subject matter and supersede all prior, contemporaneous and future communications (with the exception of future amendments to the Terms as made available by ayeT-Studios from time to time) between you and ayeT-Studios. A printed version of the Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based on or relating to the Terms to the same extent and subject to the same conditions as other business documents and records originally generating and maintained in printed form.
Last updated: May 23, 2018