PLEASE READ THIS TERMS OF SERVICE AGREEMENT CAREFULLY, AS IT CONTAINS
IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND REMEDIES.
Last Revised: May 01 2023
1. OVERVIEW
This Terms of Service Agreement ("Agreement") is entered into by
and between cateband.com, registered address Ockershäuser Allee 32, Germany
("Company") and you, and is made effective as of the date of your
use of this website https://cateband.com ("Site") or the date of
electronic acceptance.
This Agreement sets forth the general terms and conditions of your use of
the https://cateband.com as well as the products and/or services purchased
or accessed through this Site (the "Services").Whether you are
simply browsing or using this Site or purchase Services, your use of this
Site and your electronic acceptance of this Agreement signifies that you
have read, understand, acknowledge and agree to be bound by this Agreement
our
Privacy policy. The terms "we", "us" or "our" shall refer
to Company. The terms "you", "your", "User" or
"customer" shall refer to any individual or entity who accepts
this Agreement, uses our Site, has access or uses the Services. Nothing in
this Agreement shall be deemed to confer any third-party rights or benefits.
Company may, in its sole and absolute discretion, change or modify this
Agreement, and any policies or agreements which are incorporated herein, at
any time, and such changes or modifications shall be effective immediately
upon posting to this Site. Your use of this Site or the Services after such
changes or modifications have been made shall constitute your acceptance of
this Agreement as last revised.
IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT AS LAST REVISED, DO NOT
USE (OR CONTINUE TO USE) THIS SITE OR THE SERVICES.
2. ELIGIBILITY
This Site and the Services are available only to Users who can form legally
binding contracts under applicable law. By using this Site or the Services,
you represent and warrant that you are (i) at least eighteen (18) years of
age, (ii) otherwise recognized as being able to form legally binding
contracts under applicable law, and (iii) are not a person barred from
purchasing or receiving the Services found under the laws of the Germany or
other applicable jurisdiction.
If you are entering into this Agreement on behalf of a company or any
corporate entity, you represent and warrant that you have the legal
authority to bind such corporate entity to the terms and conditions
contained in this Agreement, in which case the terms "you",
"your", "User" or "customer" shall refer to
such corporate entity. If, after your electronic acceptance of this
Agreement, Company finds that you do not have the legal authority to bind
such corporate entity, you will be personally responsible for the
obligations contained in this Agreement.
3. RULES OF USER CONDUCT
By using this Site You acknowledge and agree that:
-
Your use of this Site, including any content you submit, will comply with
this Agreement and all applicable local, state, national and international
laws, rules and regulations.
You will not use this Site in a manner that:
- Is illegal, or promotes or encourages illegal activity;
-
Promotes, encourages or engages in child pornography or the exploitation
of children;
-
Promotes, encourages or engages in terrorism, violence against people,
animals, or property;
-
Promotes, encourages or engages in any spam or other unsolicited bulk
email, or computer or network hacking or cracking;
-
Infringes on the intellectual property rights of another User or any other
person or entity;
-
Violates the privacy or publicity rights of another User or any other
person or entity, or breaches any duty of confidentiality that you owe to
another User or any other person or entity;
- Interferes with the operation of this Site;
-
Contains or installs any viruses, worms, bugs, Trojan horses,
Cryptocurrency Miners or other code, files or programs designed to, or
capable of, using many resources, disrupting, damaging, or limiting the
functionality of any software or hardware.
You will not:
-
copy or distribute in any medium any part of this Site, except where
expressly authorized by Company,
-
copy or duplicate this Terms of Services agreement, which was created with
the help of the
TermsHub.io
and the
Terms of Use Generator
,
-
modify or alter any part of this Site or any of its related technologies,
-
access Companies Content (as defined below) or User Content through any
technology or means other than through this Site itself.
4. INTELLECTUAL PROPERTY
In addition to the general rules above, the provisions in this Section apply
specifically to your use of Companies Content posted to Site. Companies
Content on this Site, including without limitation the text, software,
scripts, source code, API, graphics, photos, sounds, music, videos and
interactive features and the trademarks, service marks and logos contained
therein ("Companies Content"), are owned by or licensed to
cateband.com in perpetuity, and are subject to copyright, trademark, and/or
patent protection.
Companies Content is provided to you "as is", "as
available" and "with all faults" for your information and
personal, non-commercial use only and may not be downloaded, copied,
reproduced, distributed, transmitted, broadcast, displayed, sold, licensed,
or otherwise exploited for any purposes whatsoever without the express prior
written consent of Company. No right or license under any copyright,
trademark, patent, or other proprietary right or license is granted by this
Agreement.
5. LINKS TO THIRD-PARTY WEBSITES
This Site may contain links to third-party websites that are not owned or
controlled by Company. Company assumes no responsibility for the content,
terms and conditions, privacy policies, or practices of any third-party
websites. In addition, Company does not censor or edit the content of any
third-party websites. By using this Site you expressly release Company from
any and all liability arising from your use of any third-party website.
Accordingly, Company encourages you to be aware when you leave this Site and
to review the terms and conditions, privacy policies, and other governing
documents of each other website that you may visit.
6. DISCLAIMER OF REPRESENTATIONS AND WARRANTIES
YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THIS SITE SHALL BE
AT YOUR OWN RISK AND THAT THIS SITE ARE PROVIDED "AS IS", "AS
AVAILABLE" AND "WITH ALL FAULTS". COMPANY, ITS OFFICERS,
DIRECTORS, EMPLOYEES, AGENTS, DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE,
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS MAKE NO
REPRESENTATIONS OR WARRANTIES ABOUT (I) THE ACCURACY, COMPLETENESS, OR
CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY
SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS
SITE, AND/OR (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED
(THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND
COMPANY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE SAME.
IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN
INFORMATION OR ADVICE PROVIDED BY COMPANY, ITS OFFICERS, DIRECTORS,
EMPLOYEES, OR AGENTS, AND THIRD-PARTY SERVICE PROVIDERS WILL (I) CONSTITUTE
LEGAL OR FINANCIAL ADVICE OR (II) CREATE A WARRANTY OF ANY KIND WITH RESPECT
TO THIS SITE OR THE SERVICES FOUND AT THIS SITE, AND USERS SHOULD NOT RELY
ON ANY SUCH INFORMATION OR ADVICE.
THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY TO
THE FULLEST EXTENT PERMITTED BY LAW, and shall survive any termination or
expiration of this Agreement or your use of this Site or the Services found
at this Site.
7. LIMITATION OF LIABILITY
IN NO EVENT SHALL COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND
ALL THIRD PARTY SERVICE PROVIDERS, BE LIABLE TO YOU OR ANY OTHER PERSON OR
ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR
CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING ANY DAMAGES THAT MAY RESULT FROM
(I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY,
COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER
ADVERTISING OR OTHERWISE) TO THIS SITE, (III) THE SERVICES FOUND AT THIS
SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR
OTHERWISE) TO THIS SITE, (IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY
NATURE WHATSOEVER, (V) THIRD-PARTY CONDUCT OF ANY NATURE WHATSOEVER, (VI)
ANY INTERRUPTION OR CESSATION OF SERVICES TO OR FROM THIS SITE OR ANY SITES
LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE,
(VII) ANY VIRUSES, WORMS, BUGS, TROJAN HORSES, OR THE LIKE, WHICH MAY BE
TRANSMITTED TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS,
BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (VIII) ANY USER CONTENT OR
CONTENT THAT IS DEFAMATORY, HARASSING, ABUSIVE, HARMFUL TO MINORS OR ANY
PROTECTED CLASS, PORNOGRAPHIC, "X-RATED", OBSCENE OR OTHERWISE
OBJECTIONABLE, AND/OR (IX) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A
RESULT OF YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE, WHETHER
BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY,
AND WHETHER OR NOT COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN ADDITION, You SPECIFICALLY ACKNOWLEDGE AND agree that any cause of action
arising out of or related to this Site or the Services found at this Site
must be commenced within one (1) year after the cause of action accrues,
otherwise such cause of action shall be permanently barred.
THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT
PERMITTED BY LAW, AND shall survive any termination or expiration of this
Agreement or your use of this Site or the Services found at this Site.
8. INDEMNITY
You agree to protect, defend, indemnify and hold harmless Company and its
officers, directors, employees, agents from and against any and all claims,
demands, costs, expenses, losses, liabilities and damages of every kind and
nature (including, without limitation, reasonable attorneys’ fees) imposed
upon or incurred by Company directly or indirectly arising from (i) your use
of and access to this Site; (ii) your violation of any provision of this
Agreement or the policies or agreements which are incorporated herein;
and/or (iii) your violation of any third-party right, including without
limitation any intellectual property or other proprietary right. The
indemnification obligations under this section shall survive any termination
or expiration of this Agreement or your use of this Site or the Services
found at this Site.
9. DATA TRANSFER
If you are visiting this Site from a country other than the country in which
our servers are located, your communications with us may result in the
transfer of information across international boundaries. By visiting this
Site and communicating electronically with us, you consent to such
transfers.
10. AVAILABILITY OF WEBSITE
Subject to the terms and conditions of this Agreement and our policies, we
shall use commercially reasonable efforts to attempt to provide this Site on
24/7 basis. You acknowledge and agree that from time to time this Site may
be inaccessible for any reason including, but not limited to, periodic
maintenance, repairs or replacements that we undertake from time to time, or
other causes beyond our control including, but not limited to, interruption
or failure of telecommunication or digital transmission links or other
failures.
You acknowledge and agree that we have no control over the availability of
this Site on a continuous or uninterrupted basis, and that we assume no
liability to you or any other party with regard thereto.
11. DISCONTINUED SERVICES
Company reserves the right to cease offering or providing any of the
Services at any time, for any or no reason, and without prior notice.
Although Company makes great effort to maximize the lifespan of all its
Services, there are times when a Service we offer will be discontinued. If
that is the case, that product or service will no longer be supported by
Company. In such case, Company will either offer a comparable Service for
you to migrate to or a refund. Company will not be liable to you or any
third party for any modification, suspension, or discontinuance of any of
the Services we may offer or facilitate access to.
12. FEES AND PAYMENTS
You acknowledge and agree that your payment will be charged and processed by
cateband.com.
You agree to pay any and all prices and fees due for Services purchased or
obtained at this Site at the time you order the Services.
Company expressly reserves the right to change or modify its prices and fees
at any time, and such changes or modifications shall be posted online at
this Site and effective immediately without need for further notice to you.
Refund Policy: for products and services eligible for a refund, you may
request a refund under the terms and conditions of our Refund Policy which
can be accessed
here.
13. NO THIRD-PARTY BENEFICIARIES
Nothing in this Agreement shall be deemed to confer any third-party rights
or benefits.
14. COMPLIANCE WITH LOCAL LAWS
Company makes no representation or warranty that the content available on
this Site are appropriate in every country or jurisdiction, and access to
this Site from countries or jurisdictions where its content is illegal is
prohibited. Users who choose to access this Site are responsible for
compliance with all local laws, rules and regulations.
15. GOVERNING LAW
This Agreement and any dispute or claim arising out of or in connection with
it or its subject matter or formation shall be governed by and construed in
accordance with the laws of Germany, Hessen, to the exclusion of conflict of
law rules.
16. DISPUTE RESOLUTION
Any controversy or claim arising out of or relating to these Terms of
Services will be settled by binding arbitration. Any such controversy or
claim must be arbitrated on an individual basis, and must not be
consolidated in any arbitration with any claim or controversy of any other
party. The arbitration must be conducted in Germany, Hessen, and judgment on
the arbitration award may be entered into any court having jurisdiction
thereof.
17. TITLES AND HEADINGS
The titles and headings of this Agreement are for convenience and ease of
reference only and shall not be utilized in any way to construe or interpret
the agreement of the parties as otherwise set forth herein.
18. SEVERABILITY
Each covenant and agreement in this Agreement shall be construed for all
purposes to be a separate and independent covenant or agreement. If a court
of competent jurisdiction holds any provision (or portion of a provision) of
this Agreement to be illegal, invalid, or otherwise unenforceable, the
remaining provisions (or portions of provisions) of this Agreement shall not
be affected thereby and shall be found to be valid and enforceable to the
fullest extent permitted by law.
19. CONTACT INFORMATION
If you have any questions about this Agreement, please contact us by email
or regular mail at the following address:
Steven Sullivan
Ockershäuser Allee 32
35037 Marburg
Germany
shop@cateband.com
