TERMS OF SERVICES
PLEASE READ THIS TERMS OF SERVICE AGREEMENT CAREFULLY, AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND REMEDIES.
Last Revised: 2023-07-14 12:04:08
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 ,
- 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 Fabrikat 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.
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 Fabrikat. 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 full refund within days of purchase ("Refund Period"). The refund will be processed in days from the request. In no event will you be eligible for more than one refund of the same service.
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, Berlin, 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, Berlin, 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.
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: Fabrikat Cantianstraße 23 C/O Gramss DE firstname.lastname@example.org
The terms "You," "Your," "Yours" and "User" refer to the entity/person/organization using our Site. When this Policy mentions "We", "Us," and "Our" it refers to Fabrikat and its subsidiaries and affiliates.
For any questions regarding this Policy or any requests regarding the processing of personal data, please contact us at email@example.com.
1. INFORMATION WE COLLECT FROM YOU
We collect the information You provide to us and this information is necessary for the adequate performance of the contractual arrangement which is in place between You and us and allow us to comply with our legal obligations.
- Account Signup Information. When You create the account, we ask You to provide the signup information, such as Email, Name, Username, Passwords, Surname, Address.
- Payment Information. To order and use features of Site, we may require you to provide certain financial information in order to facilitate the processing of payments. We collect your Credit or debit card number, Credit or debit card type, Credit or debit card expiration date, Billing address.
- Login information. We collect Login information if You are logging to our account with Authentication Data.
2. INFORMATION WE COLLECT AUTOMATICALLY
When you use our Site or contact us directly we may collect information, including your personal information, about the way you act in our Site, the services You use and how You use them. This information is necessary for the adequate performance of the contract between You and us, to enable us to comply with legal obligations and given our legitimate interest in being able to provide and improve the functionalities of the Site.
- Log data and Device information. We automatically collect log data and device information when you access and use the Site, even if you have not created an Account or logged in. That information includes, among other things: Internet protocol (IP) addresses, Browser type, Internet service provider (ISP), Referring/exit pages, Operating system, Date/time stamp, Clickstream data.
- Geo-location data. We collect information about your approximate location as determined by data such as your IP address to offer you an improved user experience. Such data may be collected only when you access the Site using your device.
- Usage information. We use a tool called "Google Analytics" to collect information about your interactions with the Site (what pages you visit, such as the pages or content you view, your searches for Listings, bookings you have made, and other actions on the Site. In consequence, Google, Inc. plants a permanent cookie on your web browser to identify you as a unique user the next time you visit this Site). For more information please visit Google .
- Publicly available personal Information.
3. THE WAY WE USE YOUR INFORMATION
We process your information adhering to the general data processing principles. We may use the information we collect through our Site for a number of reasons, including to:
- to identify user
- to create account
- to create trusted environment
- to create statistics and analyze market
- to stay connected
- to customize marketing
- to send billing information
- to manage user orders
- to contact user
- to improve services
- to ensure data security and prevent fraud
- to comply with applicable laws
- to request feedback
- to post testimonials
- to provide support
We will normally collect personal information from you only where we have your consent to do so, where we need the personal information to perform a contract with you, or where the processing is in our legitimate business interests.
4. DIRECT MARKETING
We may use your provided contact details for direct marketing. These direct marketing offers, depending on your preferences, may be personalized taking into account any other information which you have provided to us (e.g. location, social media profile information, etc.) or we have collected or generated from other sources as described below. If you wish to withdraw the consent for direct marketing, and refuse to receive information from us, you may exercise such option at any time you wish by following the instructions to unsubscribe in the received email.
6. INFORMATION FROM MINORS
This site and our Services are not intended for or directed to persons under the age of 18. We do not knowingly collect or ask for information from minors. We do not knowingly allow minors to use our Site or Services. We will delete any information we discover is collected from a minor. Please contact us using the contact details below if you believe we might have information about a minor.
7. SENSITIVE INFORMATION
We do not collect sensitive information such as political opinions, religious or philosophical beliefs, racial or ethnic origin, genetic data, biometric data, health data or data related a sexual orientation. Please do not send, upload, or provide us any sensitive data and contact us using the contact details below if you believe that we might have such information. We have a right to delete any information we believe it might contain sensitive data.
8. PAYMENT INFORMATION
9. THIRD PARTY LINKS
Our Site may have links to other websites. Please review their privacy policies to learn more about how they collect and use your personal data, because we do not control their policies and personal data processing practices.
We retain your personal information to provide services to you and as otherwise necessary to comply with our legal obligation, resolve disputes, and enforce our agreements. We will retain your personal information as long as we need it to provide services to you, unless we are otherwise required by law or regulations to retain your personal information longer.
We have implemented security measures designed to protect the personal information you share with us, including physical, electronic and procedural measures. Among other things, we regularly monitor our systems for possible vulnerabilities and attacks. Regardless of the measures and efforts taken by us, the transmission of information via internet, email or text message is not completely secure. We do not guarantee the absolute protection and security of your personal information or any other User Content you upload, publish or otherwise share with us or anyone else. We therefore encourage you to avoid providing us or anyone with any sensitive information of which you believe its disclosure could cause you substantial or irreparable harm. If you have any questions regarding the security of our Site or Services, you are welcome to contact us at firstname.lastname@example.org.
12. YOUR RIGHTS
You are entitled to a range of rights regarding the protection of your personal information. Those rights are:
- The right to access the information we have about you. If you wish to access your personal information that we collect, you can do so at any time by contacting us using the contact details provided below.
- The right to rectify inaccurate information about you. You can correct, update or request deletion of your personal information by contacting us using the contact details provided below.
- The right to object the processing. When we rely on your consent to process your personal information, you may withdraw consent at any time by contacting us using the contact details provided below. This will not affect the lawfulness of processing prior to the withdrawal of your consent.
- The right to lodge a complaint. You can raise questions or complaints to the national Data Protection Agency in your country of residence in the event where your rights may have been infringed. However, we recommend attempting to reach a peaceful resolution of the possible dispute by contacting us first.
- The right to erase any data concerning you. You may demand erasure of data without undue delay for legitimate reasons, e.g. where data is no longer necessary for the purposes it was collected, or where the data has been unlawfully processed.
13. APPLICATION OF POLICY
This Policy was created with the help of the TermsHub.io and applies only to the services offered by our Company. Our Policy does not apply to services offered by other companies or individuals, including products or sites that may be displayed to you in search results, sites that may include our services or other sites linked from our Site or Services.
Our Policy may change from time to time. We will post any Policy changes on our Site and, if the changes are significant, we may consider providing a more explicit notice (including, for certain services, email notification of Policy changes).
15. ACCEPTANCE OF THIS POLICY
We assume that all Users of this Site have carefully read this document and agree to its contents. If someone does not agree with this Policy, they should refrain from using our Site. We reserve the right to change our Policy at any time and inform by using the way as indicated in Section 14. Continued use of this Site implies acceptance of the revised Policy.
16. FURTHER INFORMATION
If you have any further questions regarding the data we collect, or how we use it, then please feel free to contact us at the details as indicated above. Users from EU and EEA can easily contact our European representative: Dennis Josek email@example.com
Effective as of: 2023-07-14 12:05:17
1. What is a cookie?
A cookie is a small file placed onto your device that enables our Site features and functionality. For example, cookies can enable us to identify your device and secure your access to the Site. Cookies also allow the Site to remember information about your browsing on the Site for a while and to recognize you the next time you visit the Site. All this allows us to give you the opportunity to use the Site comfortably and to make the Site even more user-friendly.
- To understand, improve, and research products, features, and services, including when you access our Site from other websites or devices such as your computer or your mobile device.
- To recognize the returning visitors of the Site. Cookies help us show you the right information and personalize your experience. Cookies also help avoiding re-registration or re-filling of the information by you each time you visit the Site.
- To analyze your habits so that the functioning of the Site would be convenient, efficient and would conform to your needs and expectations.
- To measure the flows of the information and data being sent to our Site. We use the cookies for accumulation of statistical data about the number of users of the Site and their use of the Site.
3. What cookies do we use?
Each time you visit our Site, the long-term (persistent) cookies may be created, which stay in your browser after you sign-up and will be read by us when you return to our Site and not deleted after you finish browsing our Site, and the short-term (session) cookies, which expire or are deleted after you finish browsing our Site (i.e. they usually last during the current visit to our Site or browsing session). Cookies used by the Company:
- Strictly required or necessary cookies. These cookies are required for the operation of our Site. They include, for example, cookies that enable storage of information filled by you during the browsing session, enable you to log into secure areas of our Site. Without these cookies operation of the Site would be impossible or its functioning may be severely affected.
- Preferences cookies. These improve the functional performance of our Site and make it easier for you to use. These cookies remember the settings selected by the Visitors (for example, the settings of language or currency). With the use of these cookies, the Visitors may avoid the changes of settings during each visit of the Site. These cookies also remember changes made by you in the Site (for example, in case you leave comment on the Site). These cookies do not track your behavior in other websites.
- Marketing and Retargeting. These cookies are usually set by our marketing and advertising partners. They may be used by them to build a profile of your interest and later show you relevant ads. If you do not allow these cookies you will not experience targeted ads for your interests.
- Other third-party cookies - in some web pages of our Site, the other entities (for example, social networks) may also use their own anonymous cookies designed so that the programs or applications developed by them would suit your needs. Due to the specific features of the functioning of the cookies, our Site does not have access to the information transmitted by these cookies, likewise other entities do not have access to the information collected by the cookies set by us.
- We use Google Analytics, a web analysis service provided by Google, Inc (hereinafter referred to as "Google"). The information collected by Google Analytics is transmitted to and stored with Google. Google may transmit the information collected by Google Analytics to the third parties as required by the law or when those third parties process the information in the name of Google. We recommend consulting the Google Privacy and Cookies Policy on a separate and regular basis.
4. How to refuse or block cookies?
Many web browsers are set so that they would automatically accept all cookies. You may refuse and make a preference which cookies you allow by choosing it in our Cookie Consent Banner. Also all the cookies will be set if you accept all by clicking "Accept All" on our Cookie Consent Banner. The Visitors may, at their discretion, manage, block or delete cookies, if the settings of their browser or device enable them to do so. Nevertheless, if you refuse or block the cookies or other similar technologies, some functions of the Site may be inaccessible to you or they may operate not properly. We draw your attention that necessary cookies are critical for functioning of our Site, and in case of your objections, some features of the Site may not work or may not work properly. You may require that we delete all the data about you, as collected and processed with the help of the cookies, by contacting to the email address firstname.lastname@example.org. You can opt out of Google Analytics without affecting how you visit our Site. For more information on opting out of being tracked by Google Analytics across all websites you use, visit this Google page: https://tools.google.com/dlpage/gaoptout . You may find more information about how to delete cookies, as well as the other useful information related to the use of the cookies, on the website https://www.allaboutcookies.org/ .