ACCESS TO THE SITE
You must be at least 13 years old to register for a Delightex account. If you are registering on behalf of a business or other legal entity, in doing so you represent and warrant that you are authorized to bind such business or entity to this Agreement. To register for a Delightex account you must provide accurate information, including your full name and a valid email address. The use of certain features or services that we offer may be subject to additional terms and conditions published on the Site or otherwise made available to you. You are not permitted to transfer or sell your Delightex account and must not use another account without the account holder’s permission. The responsibility for keeping your account password secure is solely yours and we are not liable for any loss or damage arising from any unauthorized use of your account. In our sole discretion we may change or update any part of the Site or take any action we believe is necessary to maintain the security of the Site, including but not limited to requiring additional information before allowing the use of your account or changing your password.
In addition to any other restrictions in this Agreement, you must not (and must not assist or permit any third party to) do any of the following: (a) use the Site in any way that violates or contributes to the violation of any third party rights, including but not limited to any copyrights, moral rights, trademark rights, privacy rights or publicity rights; (b) use the Site in any way that violates or contributes to the violation of any local, state, national or international laws, rules or regulations; (c) use the Site in any way that is abusive, deceptive, defamatory, fraudulent, harassing, harmful, hateful, obscene or threatening; (d) take any action intended to interfere with the normal functioning of the Site or obtain unauthorized access to any personal or proprietary information or property of Delightex or any other user or third party; (e) use the Site in any way impersonating any other person or entity; (f) transmit any unauthorized advertising, auto-responder or spam on the Site; (g) take any action that imposes an unreasonable or disproportionately large load on our servers or systems; (h) use automated or manual methods to crawl, robot, scrape, spider or otherwise monitor or extract data from the Site (we also reserve the right to use robot exclusion headers within the Site); (i) decipher, decompile, disassemble or reverse engineer any part of the Site; (j) mirror or frame any part of the Site on another website; (k) create or use any meta-tags which contain any Delightex trademarks or other confusingly similar marks; (l) remove or interfere with any copyright notices or digital “watermarks” on any images or other content intended to indicate the source and/or ownership of such content.
THIRD PARTY CLAIMS
We are not responsible for monitoring any communications or content on the Site and we are not involved in user-to-user interactions. We cannot always identify every user and cannot guarantee that any user is who they claim to be. We recommend to be careful when interacting with other users and you acknowledge that despite the restrictions in this Agreement, others may use the Site in a way that is deceptive, fraudulent, harmful, offensive or illegal. Accordingly, you agree to: (a) hold Delightex and our officers, directors, agents and employees completely harmless from any claims, damages, demands or liabilities arising in any way from the use of the Site by any other user or third party, including but not limited to any claims arising from your interactions or dealings with any Content Partner or other user; (b) attempt to resolve any such matters directly with the other user or third party.
You agree to indemnify, defend and hold harmless Delightex and our officers, directors, agents and employees from and against any actions, claims, damages, demands or liabilities (including reasonable attorneys’ fees) asserted by any third party and arising in any way from your use of the Site, Your Works, your breach of this Agreement, or your violation of any third party right. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you agree to assist and cooperate with us in asserting any available defenses. This indemnification and defense obligation will survive this Agreement and your use of the Site.
THIRD PARTY WEBSITES
The Site may include links to websites of third parties that we do not own or control. Your use of third party websites or services is solely at your own risk and may be subject to the policies of those websites or services. Links to and from the Site do not constitute our endorsement of or association with any third party website or service, and we are not liable for any loss or damage arising from your use of any third party websites or services accessed in connection with the Site.
WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY
The Site and all content on the Site are provided without any warranty of any kind, express or implied, including but not limited to the implied warranties of merchantability, non-infringement and fitness for a particular purpose, all of which are expressly disclaimed. The Site may be interfered with by factors outside of our control. We do not represent or warrant that it will be error free, available, secure, or free of viruses or other harmful components. The use of the site is at your own risk solely. Under no circumstances will Delightex, or our officers, directors, agents or employees be liable for any damages including but not limited to loss of data, damages, revenue, profits, reputation or goodwill. Any indirect, incidental, punitive, special or consequential damages arising in any way, directly or indirectly, from the use of or inability to use the Site, whether in contract, torts, strict liability or otherwise. Regardless of the above, if we are found liable to you or any third party, this liability will be limited to the total amount you have paid to Delightex during the 3 months before the action giving rise to such liability, or 100 Euro, whichever is greater. Some jurisdictions do not allow the exclusion of certain damages or implied warranties, so such exclusions may not apply to you.
You may terminate your own account at any time. We may terminate your account or otherwise revoke your access to the Site at any time without prior notice, if we believe you have breached this Agreement or for any other reason, in our sole discretion and without liability. If your use of the Site and/or account is terminated by us in any event, you must stop using the Site immediately, except that any outstanding obligations between you and us (including all payment obligations), all remedies for breach of this Agreement, and all terms and conditions of Sections 4 and 6-14 (inclusive) of this Agreement will survive and remain fully valid and enforceable. We will have no obligation to forward any unread or unsent messages associated with terminated accounts.
We respect the intellectual property rights of others and require our users to do the same. We reserve the right to remove or disable access to any content on the Site claimed to be the subject of copyright infringement. Reporting Claims: If you believe that content on the Site has been used in a way that constitutes copyright infringement, you may send a written copyright infringement notice, as a signed PDF email attachment to: email@example.com. Each notice must contain: (1) identification of the copyrighted work/s you claim have been infringed, and information establishing your ownership of copyright/s in such work/s or your authorization to act on such copyright owner’s behalf; (2) identification of the allegedly infringing content you wish to have removed from the Site; (3) information reasonably sufficient to allow us to contact you, such as your telephone number and email address. When we receive a notice, if we believe that it may constitute a valid claim, we will promptly remove or disable access to the allegedly infringing content, and notify the provider of such content that we have done so. Repeat offenders will have their account and use of the Site terminated. Any infringing content will be permanently removed from the Site.If you are the provider of allegedly infringing content and you believe that such content is not infringing, you may send us an explanation by email to: firstname.lastname@example.org. We will review the matter and in our sole discretion determine the most appropriate way to proceed. We have no obligation to replace the content on the Site.
No agency, partnership, joint venture, or employment relationship is established as a result of this Agreement or your use of the Site. This Agreement, in addition to other written agreements you may enter into with Delightex, is the entire agreement and understanding between you and us regarding the subject matter of this Agreement and supersedes all prior and contemporary communications between you and us regarding the subject matter of this Agreement whether those communications are digital, oral or written. If any term or condition of this Agreement is found by a court of competent jurisdiction to be invalid or unenforceable, that term or condition will be limited or removed to the minimum extent necessary so that this Agreement will otherwise remain fully valid and enforceable. Our failure to exercise or enforce any of our rights under this Agreement will in no event constitute a waiver of those rights or any other rights under this Agreement.
JURISDICTION AND GOVERNING LAW
This Agreement and all claims or issues regarding Delightex, shall be governed according to the laws of Germany. Any claim or cause of action you may have against delightex.com must be commenced and filed within 1 year after it arises or else the claim or cause of action will be permanently barred. Any legal action must be brought in Germany. For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than 10,000.00 Euro, the party requesting relief may elect to resolve the dispute in a cost-effective manner through alternative dispute resolution (ADR). If a party elects arbitration, that party will initiate such arbitration through an ADR provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
Last modified: December 4, 2015