TERMS OF SERVICE
Last updated January 26, 2025
AGREEMENT TO OUR LEGAL TERMS AND CONDITIONS
We are Lampeflix, trading under the name Lampeflix (“Company“, “we“, “us“, “our“) ,in Rheinstrasse 33, Mainz, Rhineland-Palatinate, 55116
We operate the website https://lampeflix.com (the “Website“), and all other related products and services that reference or link to these Legal Terms (the “Legal provisions“) (together the “Services“).
You can contact us by e-mail at [email protected].
These Terms of Use constitute a legally binding agreement between you, whether personally or on behalf of a legal entity (“You“), and Lampeflix concerning your access to and use of the Services. By accessing the Services, you acknowledge that you have read, understood and agree to be bound by these Legal Terms. IF YOU DO NOT AGREE TO ALL OF THESE LEGAL TERMS, YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST STOP USING THEM IMMEDIATELY.
We will notify you in advance of any planned changes to the services you use. The amended Legal Terms will take effect as soon as we post them or notify you via [email protected] as indicated in the email message. By continuing to use the Services after the effective date of the changes, you agree to be bound by the amended terms.
The services are intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the services.
We recommend that you print out a copy of this legal notice for your records.
TABLE OF CONTENTS
1. OUR SERVICES
2. INTELLECTUAL PROPERTY RIGHTS
3. USER PRESENTATIONS
4. PURCHASES AND PAYMENTS
5. POLITICS
6. PROHIBITED ACTIVITIES
7. USER-GENERATED CONTRIBUTIONS
8. CONTRIBUTION LICENSE
9. MANAGEMENT OF SERVICES
10. DATA PROTECTION PROVISIONS
11. TERM AND TERMINATION
12. CHANGES AND INTERRUPTIONS
13. APPLICABLE LAW
14. DISPUTE RESOLUTION
15. CORRECTIONS
16. EXCLUSION OF LIABILITY
17. LIMITATIONS OF LIABILITY
18. COMPENSATION
19. USER DATA
20. ELECTRONIC COMMUNICATION, TRANSACTIONS AND SIGNATURES
21. USERS AND RESIDENTS OF CALIFORNIA
22. MISCELLANEOUS
23RD CONTACT
1. OUR SERVICES
The information provided when using the Services is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement in any such jurisdiction or country. Accordingly, persons accessing the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
The Services are not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), meaning that if your interactions would be subject to such laws, you may not use the Services. You may not use the Services in a manner that violates the Gramm-Leach-Bliley Act (GLBA).
2. INTELLECTUAL PROPERTY RIGHTS
Our intellectual property
We are the owner or licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs and graphics contained in the Services (collectively, the “Content”) and the trademarks, service marks and logos contained therein (the “Marks”).
Our content and trademarks are protected by copyright and trademark laws (as well as various other intellectual property rights and unfair competition laws) and treaties in 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
Provided that you comply with these legal provisions, including theSection “PROHIBITED ACTIVITIES“ below, we grant you a non-exclusive, non-transferable, revocable license:
- Access to the services; and
- download or print a copy of any part of the content to which you have been given proper access.
solely for your personal, non-commercial use or for internal business purposes.
Except as set forth in this section or elsewhere in our Legal Notices, no portion of the Services or any 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 without our express prior written permission.
If you wish to make any use of the Services, Content or Trademarks other than as set out in this section or elsewhere in our Legal Notices, please direct your request to: [email protected]. If we ever grant you permission to publish, reproduce or publicly display any part 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 appear or are visible when publishing, reproducing or displaying our Content.
We reserve all rights not expressly granted to you in the Services, Content and Trademarks.
Any infringement of these intellectual property rights constitutes a material breach of our legal terms and your right to use our services will cease immediately.
Your submissions
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 obligations you have when you post or upload Content through the Services.
Submissions: By submitting a question, comment, suggestion, idea, feedback or other information directly to us on the Services (“Submissions”), you agree to assign to us all intellectual property rights in those Submissions. You agree that we own these Submissions and are entitled to their unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.
You are responsible for what you post or upload: You are responsible for the content you submit to us through any part of the Services:
- you confirm that you have read our “PROHIBITED ACTIVITIES ” have read and agree with them. You will not post, send, publish, upload or transmit through the Services any Submissions that are illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, deceptive or misleading;
- to the extent permitted by applicable law, waive all moral rights to such submission;
- warrant that such Submissions are original to you or that you have the necessary rights and licenses to submit such Submissions and that you have full authority to grant us the rights set forth above with respect to your Submissions; and
- guarantee and assure that your submissions do not constitute confidential information.
You are solely responsible for your Submissions and expressly agree to reimburse us for any losses we incur as a result of your violation of (a) this section, (b) the intellectual property rights of any third party, or (c) applicable law.
3. USER PRESENTATIONS
By using the Services, you represent and warrant that: (1) You have legal capacity and agree to comply with these legal provisions; (2) You are not a minor in the country in which you reside;(3) You will not access the Services by automated or non-human means, whether through a bot, script or otherwise; (4) You will not use the Services for any illegal or unauthorized purpose; and (5) your use of the Services does not violate any applicable laws or regulations.
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. PURCHASES AND PAYMENTS
We accept the following payment methods:
- Visa
- Mastercard
- American Express
- And more...
You agree to provide current, complete and accurate purchase and account information for all purchases made through the Services. You also agree to promptly update your account and payment information, including e-mail address, payment method and payment card expiration date, so that we can complete your transactions and contact you as needed. Sales tax will be added to the price of purchases when we deem it necessary. We may change prices at any time. All payments are made in Euro.
You agree to pay all charges at the then-current prices for your purchases and any applicable shipping charges, and you authorize us to charge your chosen payment provider for these amounts when you place your order. If your order is subject to recurring charges, you agree that we may charge your payment method on a recurring basis without obtaining your prior consent for each recurring charge until you cancel the applicable order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.
We reserve the right to refuse any order placed through the Services. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These limits may include orders placed by or under the same customer account, the same payment method and/or orders with the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
5. POLITICS
Please read our returns policy, which can be found on the Services, before making a purchase.
6. PROHIBITED ACTIVITIES
You may not access or use the Services for any purpose other than that for which we provide the Services. The Services may not be used in connection with any commercial enterprise unless expressly approved or authorized by us.
As a user of the services, you undertake not to do anything:
7. USER-GENERATED CONTRIBUTIONS
The Services do not provide users with the ability to submit or post content. We may allow you to create, submit, post, display, transmit, perform, publish, distribute or send content and materials to us or on the Services, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions or personal information or other materials (collectively, “Submissions”). Contributions may be viewed by other users of the Services and through third party websites. Therefore, any Contributions you submit may be treated in accordance with the Services' Privacy Policy. By creating or providing any Contributions, you represent and warrant that:
- The creation, distribution, transmission, public display or performance, access, downloading or copying of your Submissions does not violate the proprietary rights, including but not limited to copyrights, patents, trademarks, trade secrets or moral rights, of any third party.
- You are the creator and owner of the licenses, rights, consents, releases and permissions to use and authorize us, the Services and other users of the Services to use your Submissions 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 in your Contributions to use the name or likeness of each and every identifiable individual to enable the inclusion and use of your Contributions in any manner contemplated by the Services and these Legal Terms.
- Your posts are not false, inaccurate or misleading.
- Your contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings or other forms of solicitation.
- Your posts are not obscene, lewd, lascivious, filthy, violent, harassing, abusive, defamatory or otherwise objectionable (as determined by us).
- Your contributions must not ridicule, mock, denigrate, intimidate or insult anyone.
- Your posts will not be used to harass or threaten others (in the legal sense of those terms) or to promote violence against any person or group of persons.
- Your contributions do not violate any applicable laws, regulations or rules.
- Your contributions do not violate the privacy or publicity rights of any third party.
- Your contributions do not violate any applicable laws relating to child pornography or any other provisions designed to protect the health or welfare of minors.
- Your posts do not contain offensive comments related to race, national origin, gender, sexual preference or physical disability.
- Your Contributions do not violate any provision of these Terms of Use or any applicable law or regulation, nor do you link to any material that violates them.
Any use of the Services in violation of the foregoing is a violation of these Legal Terms and may result in, among other things, termination or suspension of your rights to use the Services.
8. CONTRIBUTION LICENSE
You and the Services agree that we may access, store, process and use any information and personal data you provide, in accordance with the terms of the Privacy Policy and your choices (including settings).
By submitting suggestions or other feedback about the Services, you agree that we may use and share this feedback for any purpose without compensation to you.
We do not claim any ownership rights in your Contributions. You retain full ownership of all of your Contributions and any 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 make available in any area of the Services. You are solely responsible for your Contributions to the Services and you expressly agree to release us from any and all liability and to refrain from any legal action against us with respect to your Contributions.
9. MANAGEMENT OF SERVICES
We reserve the right, but have no obligation, to: (1) monitor the Services for violations of these Terms of Use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including, but not limited to, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, deny, restrict access to, limit the availability of, or disable (to the extent technically feasible) any of your Submissions or any portion thereof; (4) remove or otherwise disable, in our sole discretion and without limitation, notice or liability, any files and content from the Services that are excessive in size or that burden our systems in any way; and (5) otherwise administer the Services in a manner that protects our rights and property and facilitates the proper functioning of the Services.
10. DATA PROTECTION POLICY
Data protection and data security are important to us. Please read our privacy policy.
11. 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, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, TO DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES) TO ANY PERSON FOR ANY REASON OR NO REASON, INCLUDING, BUT NOT LIMITED TO, 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 OF OR PARTICIPATION IN THE SERVICES OR DELETE ANY CONTENT OR INFORMATION YOU HAVE POSTED AT ANY TIME AND WITHOUT NOTICE 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 a 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, criminal and injunctive remedies.
12. CHANGES AND INTERRUPTIONS
We reserve the right to change, modify or remove the content of the Services at any time and for any reason at our sole discretion and without prior notice. However, we are under no obligation to update any information on our Services. We also reserve the right to modify or discontinue the Services, in whole or in part, at any time without notice. We shall 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 be available at all times. We may experience hardware, software or other problems or need to perform maintenance in connection with the Services, which may result 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 to you. 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 suspension of the Services. Nothing in these Terms of Use shall be construed as obligating us to maintain and support the Services or to provide any corrections, updates or releases in connection with the Services.
13. APPLICABLE LAW
These Terms of Use shall be governed by and construed in accordance with the laws of . Lampeflix and you irrevocably agree that the courts of shall have exclusive jurisdiction to settle any disputes that may arise in connection with these Terms of Use.
14. DISPUTE RESOLUTION
Informal negotiations
In order to expedite the resolution of any dispute, controversy or claim relating to these Terms of Use (each a “Dispute” and collectively the “Disputes”) brought by either you or us (individually a “Party” and collectively the “Parties”) and to control costs, the Parties agree to first attempt to negotiate any Dispute (other than those Disputes expressly identified below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations shall commence with written notice from one party to the other.
Binding arbitration
All disputes arising out of or in connection with these General Terms and Conditions, including all questions concerning their existence, validity or termination, shall be submitted to and finally settled by the International Commercial Arbitration Court at the European Arbitration Chamber (Belgium, Brussels, Avenue Louise, 146) in accordance with the Rules of Arbitration of that Chamber, which shall be deemed to form part of this clause by virtue of the reference to that Chamber. The number of arbitrators shall be three (3). The seat or place of jurisdiction of the arbitration shall be. The language of the proceedings shall be German. The law applicable to the present legal provisions shall be the substantive law of.
Restrictions
The parties agree that any arbitration shall be limited to the Dispute between the individual parties. To the extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority to arbitrate a Dispute on a class action basis or to use class action procedures; and (c) there is no right or authority to bring a Dispute as a purported representative of the public or any other person.
Exceptions to informal negotiations and arbitration
The parties agree that the following disputes are not subject to the informal negotiation and binding arbitration provisions set forth above: (a) any dispute relating to the enforcement or protection or validity of a party's intellectual property rights; (b) any dispute relating to or arising out of allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, neither party will elect to arbitrate any dispute falling within the portion of this provision found to be illegal or unenforceable, and such dispute will be decided by a court of competent jurisdiction within the jurisdiction listed above, and the parties agree to submit to the personal jurisdiction of such court.
15. CORRECTIONS
Information on the Services may contain typographical errors, inaccuracies or omissions, including descriptions, prices, availability and various other information. We reserve the right to correct any errors, inaccuracies or omissions and to change or update the information in the Services at any time without prior notice.
16. DISCLAIMER
THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS AS TO THE ACCURACY OR COMPLETENESS OF THE CONTENT OF THE SERVICES OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES, AND WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR (1) ERRORS, ERRORS OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY KIND RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY PERSONAL DATA AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES OR THE LIKE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY PRODUCTS OR SERVICES ADVERTISED OR OFFERED BY THIRD PARTIES THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION DISPLAYED IN A BANNER OR OTHER ADVERTISEMENT, AND WE ARE NOT A PARTY TO OR IN ANY WAY RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTY PROVIDER OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF ANY PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
17. LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOSS OF DATA OR OTHER DAMAGES ARISING OUT OF YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
18. DAMAGE
You agree to defend, indemnify and hold us harmless, including our subsidiaries, affiliates and all of our respective officers, agents, partners and employees, from and against any loss, damage, liability, claim or demand, including reasonable attorneys' fees and costs, made by any third party due to or arising out of: (1) the use of the services; (2) breach of these Terms of Use; (3) breach of any of your representations and warranties in these Terms of Use; (4) the infringement by you of any third party rights, including but not limited to intellectual property rights; or (5) of overtly harmful acts against other users of the Services to which you are connected 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 any such claim. We will use reasonable efforts to notify you of any such claim, suit or proceeding that is the subject of this indemnification as soon as we become aware of it.
19. USER DATA
We store certain data that you submit to the Services in order to manage the performance of the Services, as well as data related to your use of the Services. Although we perform routine backups on a regular basis, you are solely responsible for any data that you submit or that relates to any activity you have performed using the Services. You agree that we shall have no liability to you for any loss or corruption of such data, and you hereby waive any right of action against us arising out of any such loss or corruption of such data.
20. ELECTRONIC COMMUNICATION, TRANSACTIONS AND SIGNATURES
Visiting the Services, sending e-mails to us and completing online forms constitutes electronic communications. You agree to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, by email and through the Services satisfy any legal requirement that such communications be in writing. YOU HEREBY CONSENT TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS AND TO THE ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR THROUGH THE SERVICES. You hereby waive any rights or requirements under any statute, regulation, rule, ordinance or other law in any jurisdiction that requires an original signature or the delivery or retention of non-electronic records, or to make payments or extend credit by other than electronic means.
21. USERS AND RESIDENTS OF CALIFORNIA
If a complaint is not satisfactorily resolved with us, you may 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.
22. MISCELLANEOUS
These Terms of Use and any policies or operating rules posted by us on or in relation to the Services constitute the entire agreement and understanding between you and us. The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. This Legal Notice applies to the fullest extent permitted by law. We may assign our rights and obligations, in whole or in part, to any third party at any time. We will not be responsible or liable for any loss, damage, delay or failure to perform caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is found to be unlawful, void or unenforceable, that provision or part of the provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. No joint venture, partnership, employment or agency relationship is created between you and us as a result of these Terms of Use or use of the Services. You agree that these legal terms will not be construed against us merely because we drafted them. You hereby waive any defenses you may have based on the electronic form of these Terms of Use and the failure of the parties to sign these Terms of Use.
23. CONTACT
To resolve a complaint about the Services or to obtain further information about the use of the Services, please contact us at:
Lampflix