Terms of Service

Table of Contents

1. Our Services
2. Intellectual Property Rights
3. User Representations
4. Purchases and Payment
5. Refund Policy
6. Prohibited Activities
7. User Generated Contributions
8. Contribution License
9. Services Management
10. Privacy Policy
11. Term and Termination
12. Modifications and Interruptions
13. Governing Law
14. Dispute Resolution
15. Corrections
16. Disclaimer
17. Limitations of Liability
18. Indemnification
19. User Data
20. Electronic Communications, Transactions, and Signatures
21. Miscellaneous
22. Contact Us

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. Persons who access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws.

The Services are not tailored to comply with industry-specific regulations (e.g. HIPAA, FISMA). You may not use the Services in a way that would violate such regulations.

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 ("Content"), as well as the trademarks and logos contained therein ("Marks"). These are protected by copyright and trademark laws and are provided solely for your personal, non-commercial use.

Your use of our Services

Subject to your compliance with these terms, we grant you a non-exclusive, non-transferable, revocable license to access the Services and to 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.

Except as set out in this section, no part of the Services, Content, or Marks may be copied, reproduced, distributed, sold, licensed, or otherwise exploited for any commercial purpose without our express prior written permission. Requests for any other use should be directed to: [email protected].

Any breach of these intellectual property rights will constitute a material breach of these terms and your right to use our Services will terminate immediately.

3. User Representations

By using the Services, you represent and warrant that: (1) you have the legal capacity and agree to comply with these terms; (2) you are not a minor in the jurisdiction in which you reside; (3) you will not access the Services through automated or non-human means; (4) you will not use the Services for any illegal or unauthorized purpose; and (5) your use of the Services will not violate any applicable law.

If you provide false, inaccurate, or incomplete information, we reserve the right to suspend or terminate your account.

4. Purchases and Payment

We accept the following forms of payment:

• Visa
• Mastercard
• American Express
• Cryptocurrency and other payment methods

You agree to provide current, complete, and accurate purchase and account information and to promptly update it. All prices are in Euros. We may change prices at any time.

You authorize us to charge your chosen payment provider for the amounts owed when you place an order. We reserve the right to correct pricing errors, even after payment has been received, and to refuse any order or limit quantities at our discretion.

5. Refund Policy

Please review our Refund Policy prior to making any purchases.

6. Prohibited Activities

You may only use the Services for the purpose for which we make them available. As a user of the Services, you agree not to:

• Use the Services for any illegal purpose or to solicit others to perform unlawful acts.
• Resell, lend, share, or otherwise transfer your access credentials or streams to third parties without our authorization.
• Attempt to bypass, disable, or otherwise interfere with security features of the Services.
• Systematically scrape or extract data or content from the Services without our written permission.
• Upload or transmit viruses, trojan horses, worms, or any other harmful code.
• Reverse engineer, decompile, or disassemble the Services, their source code, or underlying technology.
• Impersonate another person or entity, or misrepresent your affiliation with a person or entity.
• Create multiple accounts to abuse trial offers, promotions, or usage limits.
• Interfere with or disrupt the servers or networks connected to the Services.
• Harass, abuse, or harm other users, our employees, or agents.

7. User Generated Contributions

The Services generally do not provide users the ability to publicly submit or post content. If we do provide such functionality ("Contributions"), you warrant that your Contributions do not infringe any third-party rights, are not unlawful, misleading, obscene, or otherwise objectionable, and do not violate any applicable law.

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

8. Contribution License

We do not assert any ownership over your Contributions. You retain full ownership of all your Contributions. We are not liable for any statements or representations in your Contributions; you are solely responsible for them.

9. Services Management

We reserve the right, but are not obligated to: monitor the Services for violations, take appropriate legal action against violators, restrict or disable access to Contributions, remove excessively large files, and otherwise manage the Services to protect our rights and ensure their proper functioning.

10. Privacy Policy

We care about data privacy and security. Please review our Privacy Policy.

11. Term and Termination

These terms remain in full force and effect while you use the Services. We reserve the right to deny access to and use of the Services to any person, for any reason, at our sole discretion and without notice, including for breach of these terms.

If we terminate or suspend your account, you are prohibited from registering a new account under your own name or that of a third party.

12. Modifications and Interruptions

We reserve the right to change, modify, or remove the contents of the Services at any time without notice, and to suspend or discontinue the Services in whole or in part. We will not be liable for any loss resulting from downtime or discontinuation of the Services.

13. Governing Law

These Terms of Service are governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods. To the extent permitted by law, the place of jurisdiction for any dispute arising from or in connection with these terms is the registered seat of Lampe FLIX GmbH.

14. Dispute Resolution

To expedite resolution of any dispute related to these terms, both parties agree to first attempt to negotiate any dispute informally for at least thirty (30) days before initiating any legal proceedings. Such informal negotiations begin with written notice from one party to the other.

If a dispute cannot be resolved informally, it will be subject to the exclusive jurisdiction of the German courts as set out in Section 13. The European Commission also provides a platform for online dispute resolution (ODR), available at https://ec.europa.eu/consumers/odr/. You can reach us at [email protected].

15. Corrections

There may be information on the Services that contains typographical errors, inaccuracies, or omissions. We reserve the right to correct any such errors and to update the information on the Services at any time without prior notice.

16. Disclaimer

The Services are provided on an "as-is" and "as-available" basis. Your use of the Services is at your own risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with the Services, and assume no liability for any errors, interruptions, unauthorized access to our servers, or harmful content transmitted by third parties.

17. Limitations of Liability

To the extent permitted by law, we will not be liable to you for any indirect, incidental, special, or consequential damages, including lost profits, lost revenue, or loss of data, arising from your use of the Services. Our liability for intent, gross negligence, and under mandatory product liability law remains unaffected.

18. Indemnification

You agree to indemnify and hold us harmless from any loss, damage, or claim arising from (1) your use of the Services, (2) your breach of these terms, or (3) your infringement of the rights of any third party.

19. User Data

We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. Although we perform regular backups, you are solely responsible for all data that you transmit.

20. 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 you agree that all agreements, notices, and disclosures we provide to you electronically satisfy any legal requirement that such communications be in writing, to the extent permitted by applicable law.

21. Miscellaneous

These Terms of Service and any policies posted by us constitute the entire agreement between you and us. If any provision of these terms is deemed unlawful or unenforceable, the remaining provisions remain in full effect. We may assign any or all of our rights and obligations to third parties at any time.

22. Contact Us

In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at:

Lampe FLIX GmbH

Kurfürstenstraße 16, 73563 Mögglingen, Germany

Email: [email protected]