Terms of Use
Datpunkt.com is a membership platform that enables creators to get paid by their fans.
Welcome to Datpunkt.com
These are the terms of use of Datpunkt.com, which apply to all users of the Datpunkt.com platform. “We,” “our,” or “us” refers to Lifestyle Network & Entertainment LLC. and our subsidiaries. "Datpunkt.com" refers to this platform and the services we offer. It is important to the company that you and other visitors get the best experience possible while using the website and that you understand your legal rights and obligations when using the website. Please read this agreement, which governs your use of the website, including all content, functions and services offered on or through the website. Your access to the website is subject to the condition that you accept this agreement.
Notice Regarding Section 230 (d): Pursuant to 47 USC Section 230 (d), you are informed that parental control measures (including computer hardware, software, or filtering services) are commercially available that may help limit access to malicious material Minors. You can find information about the providers of these safeguards on the Internet by searching for “parental controls” or similar terms. If minors have access to your computer, please limit their access to sexually explicit material by using one of the following products, which the company offers for informational purposes only and does not endorse: CYBERsitter ™ | Net Nanny® | CyberPatrol |
No minors. The website contains adult content and is not intended for minors. Only adults (1) who are at least 18 years old and (2) who have reached the age of majority in their place of residence are permitted to access the website. The company prohibits anyone who does not meet these age requirements from accessing the website.
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You may not copy, reproduce, republish, transmit, distribute, reverse engineer, reassemble, sell, or in any way distribute any material from this site, including, but not limited to, photos, videos, code and software. In certain cases you may be permitted to upload information, photos and / or videos to this site in accordance with the express conditions of this website.
Invalid if prohibited
Portions of this site are fee or subscription based. Subscription to the service and use of this site are invalid where prohibited.
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Your Account
You must be at least 18 years of age to register for an account. You are responsible for your account.
When you create an account, it is in good faith that you provide us with accurate information and you agree to keep your information updated as it changes.
You must be at least 18 years old to create an account. To join a Creator Patronage or provision a Creator (Actor) membership, you must be 18 or older or have parental permission.
You are responsible for everything that happens when someone is signed into your account and for the security of the account. Please contact us immediately if you believe your account has been compromised.
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introduction
The website provides access to content posted by performers that is naturally adult-oriented. By accessing the website, you can see graphic representations, nudity, adult language, and descriptions of explicit sexual activity, including straight, bisexual, homosexual, and transsexual situations of a sexual nature.
This agreement applies to all users of the website. By accessing any part of the website you are agreeing to this agreement. If you do not want to agree to this agreement, you must leave the website. If you breach this Agreement, the Company may revoke your license to access the Website, suspend your access, and terminate your account.
Company may change this Agreement on one or more occasions by updating this website. The top of the agreement tells you when the company last updated it. The changes will take effect on the “last updated” date set out at the top of this website. Changes will not take effect retrospectively. The Company will attempt to notify you if it changes this Agreement, if reasonably possible. However, you should check this website regularly to ensure that you are using the most current version of the Agreement. Company will consider your continued use of the website after the changes are posted as your acceptance of the changes, even if you do not read them. If you do not agree to the changes, your only remedy will be to cease access to the website.
If you have any questions about this Agreement or any questions or comments about the website, send Please email the company below mailto: support@datpunkt.com .
Participation requirements
Only adults (1) who are at least 18 years old and (2) who have reached the age of majority in their place of residence are permitted to access the website. If you do not meet these age requirements, you will not be allowed to access the website and will have to leave now.
By accessing the website, you represent that the following facts are correct:
You are at least 18 years old, have reached the age of majority at your place of residence and are legally competent to conclude this contract;
All the information you provide to the company is accurate and you will promptly update this information as necessary to ensure that it remains correct;
You own the credit card you are paying with and authorize the Company (or its authorized payment processor) to charge your credit card for the content you have purchased;
You are aware of the adult nature of the content available on the website and do not feel offended by such content;
You are familiar with the laws of your jurisdiction that affect your right of access to adult materials;
You have the legal right to access adult materials and the Company has the legal right to deliver it to you;
You are voluntarily requesting adult materials for your own private enjoyment;
You will not share these materials with a minor or otherwise make them available to a minor; and
By registering, you have released the provider, owner and creator of the website from any liability.
License
Grant of License The Company hereby grants you a non-exclusive, non-transferable, non-sublicensable license to access the Website and its contents for your personal and noncommercial use in accordance with this Agreement. The Company understands “access” to mean visiting the website, using its services, and viewing or downloading its content. “Content” includes text, software, scripts, graphics, photos, sounds, music, videos, audio-visual combinations, interactive features and other materials on the website.
License restrictions
The license granted in Section 3.1 does not include any of the following:
Resale or commercial use of the website;
Dissemination, public performance or public display of the Website or the content;
modify the Website and the content or any portion of the Website or the content or otherwise make derivative use, unless Company expressly authorizes the change or derivative use in a separate written agreement with you;
Use of data mining, robots, or similar acquisition or extraction methods;
Downloading (other than website caching) any part of the website or the content, except as permitted on the website; or
any other use of the website or the content that is not intended for its intended purpose.
Your license to access the Site does not transfer ownership or ownership of any copy of any Content you view or print, and Company only authorizes you to use your copy in accordance with this Agreement. If you download or print a copy of the content for your personal use, you must retain all copyright and other proprietary notices embedded in the content. Any use of the website or the content not authorized by this Agreement will terminate the license granted here. Unauthorized use of the website or the content may also violate intellectual property laws or other laws. Unless otherwise stated herein, nothing in this Agreement should be construed as as if a license to intellectual property rights were granted, whether by estrangement, by implication or otherwise. The company can revoke this license at any time.
Intellectual property rights
Ownership of the website
The company owns or is licensed to use:
the website, including its previous, present and future versions;
all web pages found on the website;
all materials and information on the website;
all graphics, text, images, audio, videos, designs, compilations, advertising copy, articles, user interfaces, graphics, all computer applications, all copyrighted materials (including source and object code) and all other materials, including design, structure, “look and Feel "and arrangement of the content contained on the website; and
all trade names, trademarks, service marks, logos, domain names and other distinctive brand elements, regardless of registration, contained on the website.
Intellectual property laws, including copyrights, patents, service marks, trademarks, trade dress, trade secrets, international treatises, and various other intellectual property and unfair competition laws protect the Site and its content. When using the website or the content, you must comply with all applicable intellectual property laws and any specific notices contained on the website.
Your license to access the Site does not transfer ownership or ownership of any copy of any Content you view or print, and Company only authorizes you to use your copy in accordance with this Agreement. If you download or print a copy of the content for your personal use, you must retain all copyright and other proprietary notices embedded in the content. Any use of the website or the content not authorized by this Agreement will terminate the license granted here. Unauthorized use of the website or the content may also violate intellectual property laws or other laws. Unless otherwise stated herein, nothing in this Agreement should be construed as as if a license to intellectual property rights were granted, whether by estrangement, by implication or otherwise. The company can revoke this license at any time.
trademark
The company name, logos, domain names are trademarks of the company and may not be copied, imitated or used in whole or in part without the prior written consent of the company. In addition, all page headings, custom graphics, button icons, and scripts are company service marks, trademarks, and trade dress and may not be copied, imitated, or used in whole or in part without permission.
Other actual company, product, or service names mentioned on the website may be the trademarks of their respective owners and reference to them does not imply any sponsorship, endorsement, or affiliation by or with the company or any endorsement by those owners or have a connection with the website. Nothing contained on the website should be construed as implying or otherwise granting a license or right to use any trademarks, meta tags or other "hidden text" displayed on the website using trademarks belonging to the Company and its licensors. without the prior written consent of the company or the third party who may own the trademark.
Your account
Account creation
You must complete the registration process by providing the company with the precise information required on the appropriate registration form. You also choose a password and username.
Responsibility for the account
You are responsible for maintaining the confidentiality of your password and account. In addition, you are responsible for all activities that take place under your account. You will promptly notify the company of any unauthorized use of your account or any other security breach.
Account fraud liability
The company will not be responsible for any loss caused by anyone else using your password or account, with or without your knowledge. You could be held liable for loss suffered by the company or anyone else as a result of someone else using your account or password.
Using Other Accounts
You will not use anyone else's account at any time.
Account security
The company cares about the integrity and security of your personal data. However, the company cannot guarantee that unauthorized third parties will never be able to circumvent the website's security measures or use personal data that you provide to the company for improper purposes. You acknowledge that you provide your personal information at your own risk.
Paid services
The company allows you to access certain premium features or content for a one-time or recurring fee, depending on the features or content in question. Paid services include content purchases, performer feed subscriptions, live shows, performer tips, and other services that may be offered in the future. The monthly memberships range from $ 5- $ 100. Influencers can get tips between $ 5 and $ 500
payment
The company accepts payment using the current payment method provided prior to purchase. You must have a valid accepted means of payment in order to purchase Paid Services or to participate in free trial offers or other free offers in connection with the Paid Services. You must comply with any relevant terms of use or other legal agreement, whether with the company or a third party, that govern your use of any particular payment processing method. Prices for paid services are subject to change at any time, and the company does not offer price protection or refunds in the event of a price reduction or a promotional offer. You pay for every paid service you order.If you purchase auto-renewing subscriptions, you hereby authorize Company to debit the payment method on file on the first day of each billing cycle for the relevant subscription, and in the event that the payment method on file becomes invalid due to an expired credit card or other similar reasons, and Company may advise you in If you do not invoice the next billing cycle, the Company may immediately revoke your access to any Paid Service you have ordered until you update your payment method. If you don't update your payment method within a reasonable time, the company may cancel your subscription.
steer
If the company collects or pays taxes in connection with your purchase of a paid service, you will be billed for those taxes at the time of each purchase transaction. In addition, where required by law, you are responsible for reporting and paying certain taxes in connection with your purchase and use of a paid service. These taxes may include duties, customs duties, or other taxes (other than income tax), as well as related penalties or interest that apply to your purchase or the country of purchase.
No refund
Payments are non-refundable and there are no refunds or credits for partially used periods. However, the Company may, upon request, approve a refund in the form of a credit if exceptional circumstances exist. The amount and form of a refund and the decision on whether to provide it are at the sole discretion of the company. Granting a refund in one case does not entitle you to a future refund in similar cases; it also does not oblige the company not to issue any refunds in the future under any circumstances.
Subscription cancellations
If you purchase a subscription to a paid service that is auto-renewing, you can cancel the subscription at any time prior to the end of the current billing cycle, and the cancellation will take effect on the next billing cycle. You will retain access to the paid service from the time you cancel until the start of the next billing cycle and will not receive a refund or credit for the remaining days of your current billing cycle. To cancel a subscription, log in to datpunkt.com and cancel the subscription via your dashboard or contact the payment processor you used to register.
Free trials
The company can test new paid service subscriptions for free. When you purchase a subscription to a paid service that includes a free trial, you will have free access to that paid service for the duration of the free trial period. At the end of the applicable free trial period, you will be billed for the price of the subscription and will continue to be charged until you cancel your subscription. To avoid fees, you must cancel before the end of the free trial period.
Billing disputes
If you believe that the company has mistakenly billed you, you must notify the company in writing no later than 30 days after receiving the statement in which the error first appeared. If you fail to notify the Company in writing of a dispute within that 30-day period, you will waive any disputed fees. You must email all billing disputes to support@datpunkt.com and include a detailed list of the type and amount of the disputed fees. The company will correct any errors in an invoice and add or credit them to your future payments.
User behavior
You are solely responsible for all acts and omissions that occur as a result of your use of the website. You must comply with all laws that govern your access to the website and its content, including laws relating to the Internet, data, email, privacy, or sending technical information, issued in the United States or the country in which They live, are exported.
You must not engage in any of the following prohibited activities:
Record or resend content or perform live;
Copying, distributing or disclosing any part of the website on any medium, including automated or non-automated "scraping";
Use an automated system, including "Robots", "Spiders", "Offline Readers", etc., to access the Website;
Sending spam, chain letters, or other unsolicited email;
attempting to compromise or compromise system integrity or security or to decrypt transmissions to or from the servers on which the website is running;
Take any action which, in Company's sole discretion, impose or may impose an unreasonable or disproportionately large load on the website infrastructure;
Uploading invalid data, viruses, worms or other software agents through the website;
Collecting or collecting personally identifiable information, including account names, from the website;
Use of the website for commercial advertising purposes;
impersonate another person or otherwise misrepresent your affiliation with a natural or legal person, commit fraud, conceal your identity or try to conceal it;
Disruption of the proper functioning of the website;
Access any content on the Website through technologies or means other than those provided or authorized by the Website; or
Circumvent the security measures that the company may use to prevent or restrict access to the website, including functions that prevent or restrict the use or copying of content or enforce restrictions on the use of the website or the content on it.
Use of communication services
The website may contain forums, bulletin board services, chat areas, message boards, communities, or other news or communication facilities that enable you to communicate with artists and other users (collectively “ Communication Services ” ). You will only use the Communication Services to post, send, and receive messages and content that is appropriate and related to the particular Communication Service.
Among other things, when using any communication service, you will not post, send, transmit, publish or transmit any material in connection with the Website that:
You have no right to post, including any third party proprietary material, such as files containing software or other material that is protected by intellectual property laws (or by privacy or publication rights);
advocates or discusses illegal activity and intends to commit an illegal act;
is vulgar, obscene, offensive, or indecent;
does not relate directly to the website;
is threatened or abused, defamed, defamed, invading privacy, persecuted, obscene, racist, offensive, harassing, threatening or offensive;
Attempts to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details, or otherwise;
Falsification or deletion of any author's assignment, legal or other proper notices, or proprietary notices, or designations of the origin or source of any software or other material contained in any legitimately uploaded file;
Advertising for commercial ventures (e.g. offering products or services for sale) or other commercial activities (e.g. holding raffles or competitions, displaying sponsorship banners or soliciting goods or services), if not expressly authorized on the website;
soliciting funds, advertisers or sponsors;
interrupts the normal flow of dialogue, scrolls a screen faster than other users can type, or otherwise behaves in a way that interferes with the ability of others to participate in real-time activity through the website;
represents a “pyramid” or similar scheme, including contests, chain letters, and surveys;
encourages or incites violence;
requests or discusses child pornography;
discusses sexual feelings towards children, child exploitation, age games, rape, incest or sodomy;
solicits or discusses - directly or indirectly - prostitution or the exchange of sex for money or some other form of consideration;
requests or discloses private or personal information about an individual;
Depicts anti-social, disruptive or destructive behavior, including “bombing”, “flaming”, “spamming”, “flooding”, “trolling” and “griefing” as these terms are commonly understood and used on the Internet;
Failure to follow any guidelines or regulations, including codes of conduct or any other guidelines set out on one or more occasions in relation to your use of the Website or any network connected to the Website; or
contains hyperlinks to other websites that contain content that falls under the descriptions above.
The company does not control or endorse the content, messages, or information contained in any communications service, and the company is not responsible for the communications services or any actions arising out of your participation in any communications service. Performers are not authorized company spokespersons and their views do not necessarily reflect those of society.
Monitoring and enforcement
The company can do the following:
Remove or refuse to post any material for any reason or without reason, in Company's sole discretion;
Take action in relation to any material that Company deems necessary or appropriate in its sole discretion, including if Company believes the material is in violation of this Agreement, infringes any person's intellectual property rights, the personal safety of those using the Site or the public, or could create liability for the company;
Disclose your identity or other information about you to anyone who claims that material you post violates their rights, including their intellectual property rights or privacy;
Take appropriate legal action, including referral to law enforcement agencies, for any illegal or unauthorized use of the website; or
Terminate or block your access to all or part of the Website for any reason, including breach of this Agreement.
The Company will fully cooperate with any law enforcement agency or court order that requires or directs the Company to disclose the identity or other information about anyone posting materials on or through the Website. You hereby waive all claims that you may have against the company - including its affiliates, licensees and service providers - that arise from actions taken by the company during or as a result of the company's investigations and from actions taken as a result of investigations by one of the Corporations or law enforcement agencies.
The company cannot and does not want to ensure that offensive material is removed immediately after it is posted. You remain solely responsible for the content of your submissions. Company will not be responsible for any acts or omissions in relation to any submission, transmission, communication, or content provided by any user or third party. The Company shall not be liable to anyone for the performance or non-performance of the activities described in this Section 9. However, if you are aware of material that violates this agreement, please contact the company at support@datpunkt.com. Please provide as much detail as possible, including a copy of the offensive material or where the company can find it, the reason why
Left
The website may contain links to third party websites or resources. You acknowledge that the company is not responsible or liable for (1) the availability or accuracy of such websites or resources; or (2) the content, products, or services available on or from such websites or resources. Links to third party websites or resources do not imply any endorsement by the company for such websites or resources. You acknowledge sole responsibility for and assume all risks arising out of your use of any third party website or resource.
Third Party Content
The website gives you the option of accessing or using content provided by third parties. The company cannot guarantee that third-party content is free from material you may find offensive or otherwise. The company has no liability to you for your access or use of third party content.
Reliance on published information
The company provides the information presented on or via the website for general information purposes only. The company does not guarantee the accuracy or usefulness of this information. Any reliance you place on this information is entirely at your own risk. The company is not responsible for the trust placed in these materials by you or any other visitor to the website or any person who is aware of its content.
The website contains content provided by third parties, including material provided by other users, third party licensors, syndicators, or aggregators. All statements or opinions expressed in these materials, as well as all answers to questions and other content, other than that provided by the company, are solely the opinion and responsibility of the person who provided these materials. These materials do not represent the company's opinion. The company shall not be liable to you or any other person for the content or accuracy of any material provided by any third party.
No approval
The company operates the website as a neutral host and the company does not regularly monitor, regulate or monitor the use of the website by any of its participants. Participation in the Site by any visitor, user, performer or other third party (collectively the "Participant") does not constitute endorsement of that participant by the Company. The Company is not responsible for any acts, omissions, agreements, promises, content, products or services any other subscriber's services, comments, opinions, advice, statements, offers, or information.
Entrants are independent parties and the Company assumes no responsibility or liability for any of the entrant's acts, omissions, agreements, promises, comments, opinions, advice, statements, or offers.
privacy
For information on how the company collects, uses, and shares your information, please see the privacy policy. You acknowledge that by using the website you consent to the collection, use and disclosure (as described in the privacy policy) of this information, including the transfer of this information to the USA or other countries for storage, processing and use by the company.
Copyright Policy
The company respects the intellectual property rights of others and expects users of the website to do the same. The company will respond to notices of suspected copyright infringement that comply with the law and are properly made available to the company. If you believe your content has been copied in a manner that constitutes copyright infringement, please provide the following information to the company's copyright officer under the Digital Millennium Copyright Act (DMCA):
a physical or electronic signature of the copyright owner or someone authorized to act on their behalf;
Identification of the copyrighted work that is allegedly infringed;
Identification of the material that is alleged to be infringing or is the subject of infringing activity and that is to be removed or access to it is disabled and information reasonably sufficient to enable the Company to locate the material;
Your contact information, including your address, phone number and email address;
A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notice is correct and that you have the authority to act on behalf of the copyright owner under threat of perjury.
It is company policy to terminate the accounts of repeated infringers.
Promotions
Some users may advertise contests, promotions, prize draws and other similar opportunities on the website (“ Third Party Contests” ). The Company is not the sponsor or promoter of these third party competitions and has no responsibility or liability for the acts or omissions of any third party organizing, administering, or otherwise participating in these third party competitions. If you wish to enter any of these third party contests, it is your responsibility to read the applicable rules and terms and conditions and to ensure that you can lawfully enter third party contests in your country of residence.
termination
Termination in due time
Either party may terminate this Agreement at any time by giving notice to the other party.
Termination by the company
The Company may suspend, disable or cancel your access to the Website (or any part of it) if it determines that you have violated this Agreement or that your conduct would result in harm to the Company’s reputation and goodwill. If the company terminates your access for any of these reasons, you will not be allowed to access the website. The company can block your email address and IP address to prevent further access.
Effect of termination
Upon termination of your access to the website or your ability to use the website, your right to use or access the website ends immediately. Termination of your access to the website does not relieve you of any obligations that arose or arose prior to the termination or limit your other liability to the company or any third party. You are solely responsible for ensuring that all recurring billings are canceled. To cancel recurring billings, please contact the payment processor you signed up with.
Survival of commissions
The terms of this Agreement, which by their nature should survive termination, will continue to apply after termination, including ownership provisions, loss payments (also known as compensation), disclaimers, exclusions, and limitations of liability.
Changes to the website; Availability
Although the company may update the content of the website on one or more occasions, the content may not be complete or current. Any material on the website may be out of date at any given time and the company is under no obligation to update such material. If you believe you have found errors or omissions on the website, you can alert the company by contacting them at support@datpunkt.com.
While the company tries to ensure that the website is always available, it does not guarantee continuous, uninterrupted, or secure access to the website. Many factors or circumstances beyond the control of the company could affect or affect the operation of the website.
Compliance with Laws
The company is based in the United States. The company makes no representation that the website or its content is accessible or appropriate outside of the United States. Access to the website may not be legal for certain people or in certain countries. If you are accessing the site from outside the United States, you are doing so on your own initiative and are responsible for complying with all local laws.
Acknowledgments and Disclaimers
You acknowledge that the company cannot and cannot claim that files available for download from the Internet or the Website are free from loss, corruption, attack, virus or other destructive code, interference, hacking or other security intrusion are. It is your responsibility to put in place sufficient procedures and control points to meet your particular virus protection and accuracy of data input and output needs, and to provide a means for the reconstruction of lost data off-site. The company is not liable for any loss or damage caused by a distributed denial of service (DDoS) attack, viruses or other technologically harmful material that may affect your computer equipment, computer programs, data,
You acknowledge that you may be exposed to inaccurate, abusive, indecent, or indecent content, and you hereby waive any legal or fair right or remedy you have or may have against the Company in relation to such content.
The company will use reasonable efforts to protect the information you submit in connection with the website, but you acknowledge that your submission of this information is at your sole risk and the company will not be liable to you for any loss related to this information .
Your use of the website, its content, and any service or item received through the website is at your own risk. Company provides the website, its content, and any services or articles obtained through the website "as is", "with all errors" and "as available" without warranty of any kind, express or implied. Company does not warrant (1) that the website, its content, or any services or articles obtained through the website will be accurate, reliable, error-free or uninterrupted; (2) that deficiencies are corrected; (3) that the website or the server that makes it available are free of viruses or other harmful components;
The company assumes no express, tacit, statutory or other guarantee, including the guarantee of marketability, legal entitlement, non-infringement, data protection, security and suitability for a specific purpose. No advice or information, whether oral or written, obtained from the company, the website or anywhere else, creates a guarantee not expressly stated in this Agreement.
Limitation of Liability; publication
The company, its subsidiaries, affiliates, licensors, service providers, content providers, employees, agents, officers and directors have no liability to you for any of the following:
Errors, mistakes or inaccuracies in content;
Personal injury or property damage resulting from your access to and use of the website or its content;
Content or conduct that is hurtful, inaccurate, obscene, indecent, offensive, threatening, harassing, defamatory, libelous, abusive, invasive, or illegal;
Unauthorized access or use of the Company's servers and any personal or financial information stored therein, including unauthorized access or modification of your account, transmissions, transfers or data;
Interruption or suspension of transmission to or from the website;
> Bugs, viruses, Trojans, malware, ransomware or other deactivation codes that are transmitted to or through the Website by any person or that could infect your computer or affect your access to the Website or your use of the Website, your other services, hardware, or Software;
Incompatibility between the website and your other services, hardware or software;
Delays or failures that may occur in starting, performing, or completing transfers or transactions with the website; or
Loss or damage arising from the use of any content posted, emailed, sent or otherwise made available through the Website.
You hereby release the Company, its subsidiaries, affiliates, licensors, service providers, content providers, employees, agents, officers and directors from any liability arising out of user input or the conduct of other users or third parties, including disputes between you and any or several other users or third parties.
Exclusion of damage; Exclusive remedy
Unless caused by gross negligence or willful misconduct, the Company, its subsidiaries, affiliates, licensors, service providers, content providers, employees, agents, officers and directors will not be liable to you for direct, indirect, special (including so-called consequential damages) , legal, criminal or exemplary damages arising out of or in connection with your access or your inability to access the website or the content. This exclusion applies regardless of liability theory and even if you informed the company about the possibility of this damage or the company knew or should have known about the possibility of this damage.
The Company, its subsidiaries, affiliates, licensors, service providers, content providers, employees, agents, officers and directors will also not be liable to you for (1) personal injury, (2) pain and suffering, (3) emotional distress, (4 ) Loss of revenue, (5) lost profit, (6) loss of business or anticipated savings, (7) downtime, (8) loss of goodwill, (9) loss of data, (10) loss of privacy, or (11) computer failure related Your access to or inability to access the Website or the Content. This exclusion applies regardless of liability theory and even if you informed the company about the possibility of this damage or the company knew or should have known about the possibility of this damage.
If you are unhappy with the website or have any other complaint, your only remedy is to stop using the website. The maximum liability of the Company and its subsidiaries, affiliates, licensors, service providers, content providers, employees, agents, officers and directors to you for any claim will be the greater of $ 100 or the amount you have paid to the Company, do not exceed the purchase in question from which liability has arisen, even if the remedy fails to serve its essential purpose.
Scope of Disclaimers, Exclusions, and Limitations
The disclaimers, exclusions and limitations mentioned in Sections 20, 21 and 22 apply to the greatest extent permitted by law, but no longer. The company does not intend to deprive you of any legally required safeguards. Because some jurisdictions may prohibit the exclusion of some warranties, the exclusion of some damages, or other matters, one or more of the exclusions, exclusions, or limitations may not apply to you.
damage payment
In general
You pay the Company, its subsidiaries, affiliates, licensors, service providers, content providers, employees, agents, officers, directors, and contractors (the " Released Parties" ) for any loss of the Released Parties caused by any of the following:
Your access to the website;
Your behavior on the website, including your entries on the website;
Your breach of this Agreement;
Your actual or alleged violation of any person's rights, including intellectual property rights and data protection;
Your actual or alleged violation of any law;
Your actual or alleged negligent, fraudulent or willful conduct; or
Your actual or alleged criminal behavior.
However, you are not obliged to pay if the damage was caused by willful misconduct on the part of the released parties.
Definitions
“ Loss” means an amount for which the indemnified parties are legally responsible or pay in some form. The amounts include z other consultants). A loss can be material or immaterial; can result from bodily harm, property damage or other causes; may be based on tort, breach of contract, or other reparation theory; and includes incidental, direct, and consequential damages.
Damage is “ caused” by an event if the damage would not have occurred without the event, even if the event is not an immediate cause of the damage.
Notification obligation of the compensated parties
If the Released Party has your contact information, the Released Party will notify you prior to the 30th day after the Released Party knew or should reasonably have known of any claim to a loss that you may have to pay. However, the indemnified party's failure to notify you in a timely manner does not end your obligation unless such failure adversely affects your ability to defend or mitigate losses.
Legal defense of a claim
The indemnified party has control over the defense of a claim (including its settlement), unless the indemnified party instructs you to control the defense. If the indemnified party directs you to oversee the defense, you will not settle any dispute without the indemnified party's written consent if the settlement (1) imposes a penalty or restriction on the indemnified party, (2) admits the indemnified party's fault, or (3) does not completely release the indemnified party from liability. You and the indemnified party will cooperate in good faith on a claim.
No exclusivity
The released parties' rights under this Section 24 do not affect any other rights they may have.
Governing Law; Place for the settlement of disputes
The laws of the State of Florida govern all matters arising out of or in connection with the Website or this Agreement without conflict of laws principles entering into force. The predominant purpose of this Agreement is the provision of services and license access to intellectual property, not the "sale of goods". This agreement is not subject to the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.
Except for disputes that are subject to arbitration, all disputes arising out of or relating to the Website or this Agreement shall be subject to the exclusive jurisdiction and venue of the United States District Court for the Central District of Florida or any state court in Florida. Each party hereby submits to the personal jurisdiction of the United States District Court for the Central District of Florida and the State Courts of Florida to resolve any dispute that is not subject to arbitration. Each party hereby waives the right to seek another forum or venue for an inappropriate or inconvenient forum.
For the purposes, the website is deemed to be resident solely in the state of Florida and is deemed to be a passive website that does not establish personal jurisdiction over the company, either specifically or generally, in any other jurisdiction.
Dispute resolution
In general
Each party will give the other a reasonable opportunity to perform before claiming that the other has failed to fulfill its obligations under this Agreement. The parties will first meet and negotiate in good faith to attempt to resolve any dispute between the parties arising out of or relating to the website or this Agreement.
Process choice
Either party may choose to have the following type of case or controversy: (a) an injunction, or (b) an action to enforce compliance with this dispute settlement procedure.
Meditate
If the parties are unable to negotiate a dispute arising out of or in connection with the Website or this Agreement after 30 days, either party may by notifying the other party and the International Institute of Conflict Prevention & Resolution (“CPR “) Request: Mediation according to the mediation procedure of the CPR. The mediation takes place in Saint Petersburg, Florida. The language of mediation is English. Each party bears its own costs of mediation and the parties share all third party mediation costs equally, unless the parties agree otherwise in writing. Each party takes an active and constructive part in a mediation process that has already started and takes part in at least one joint meeting of the mediator and the parties.
Arbitration
procedure
If the parties are unable to resolve a dispute through mediation, the parties will resolve any unresolved disputes arising out of or relating to the Site or this Agreement through arbitration administered by CPR in accordance with its Managed Arbitration Rules. A single arbitrator directs the arbitration. The arbitrator, and not any federal, state or local court or agency, has exclusive power to resolve any dispute arising out of or relating to the interpretation, enforceability or formation of this Agreement, including any claim that may arise all or part of this agreement is void or contestable.
Location
Unless the parties agree otherwise, the arbitration will take place in Saint Petersburg, Florida.
Fees Each party is responsible for paying arbitration filing, administration and arbitration fees .
Forgive
The arbitrator may grant any remedy that would be available in a court or tribunal of equity except that the arbitrator may not award punitive or exemplary damages, or otherwise limited or excluded in this Agreement. Pursuant to Section 26.3, the arbitrator's award will include the cost of the arbitration, reasonable attorney fees, and reasonable costs for experts and other witnesses. The arbitrator's award is binding on the parties and can be entered as a judgment in any competent court.
Confidentiality Except as required by law, neither party nor arbitrator will disclose the existence, content or results of any arbitration proceeding under this Agreement without the prior written consent of both parties.
Injunctive Right Nothing in this Section 26 shall prevent either party from seeking injunctive relief or other reasonable remedies relating to data security, intellectual property, or unauthorized access to the Site.
reimbursement
In all proceedings between the parties arising out of this Agreement or relating to the subject matter of this Agreement, the prevailing party shall have the right to recover from the other party, in addition to any other legal remedies awarded, all costs incurred by the prevailing party in such proceedings , including legal fees and expenses.
For the purposes of Section 26.3 (a), “prevailing party” in any proceeding means the party in whose favor the award is made, except where in such proceeding the award is in favor of one party in respect of one or more claims or counterclaims the other party in the case of one or more other claims or counterclaims, neither party is the prevailing party. If any proceeding is dismissed voluntarily or as part of the resolution of that dispute, neither party will be the victorious party in the proceeding.
Waiver of jury
Both parties hereby waive the right to jury trial for any dispute arising out of or in connection with the website or this Agreement. Either party can enforce this waiver up to and including the first day of the negotiation.
Class Action Waiver
All claims must be brought in the individual capacity of the parties and not as plaintiffs or class members in any alleged class or representative proceeding, and unless the Company agrees otherwise, the arbitrator will not group the claims into more than one person. Both parties acknowledge that each party waives their right to participate in a class action.
Limitation of the deadline for the assertion of claims
Neither party will bring any claims under or in connection with the Website or this Agreement for more than one year after the cause of action arose. Claims made after one year are statute-barred.
Generally
Whole agreement
This Agreement constitutes the entire agreement between you and the company regarding your access to the website. It supersedes any previous or contemporaneous agreements between you and the company regarding access to the website. A printed version of this Agreement is permitted in all proceedings arising out of (or in connection with) this Agreement to the same extent and subject to the same conditions as any other business documents and records originally produced and retained in printed form. All additional terms on the website apply to the items to which they refer.
Copy of this agreement
You can - and the company recommends - print this Agreement on your printer or save it on your computer. If you have trouble printing a copy, please email the company at support@datpunkt.com and the company will email you a copy.
Changes
The company may change this agreement one or more times. The company will attempt to post changes on the website at least 15 days before they come into effect. Changes will take effect on the “last updated” date listed at the top of this page. Changes will not apply to ongoing disputes or disputes arising out of (or in connection with) events that occurred prior to the published changes. While the company will attempt to notify you if the company changes this agreement, it is under no obligation to do so and it is your responsibility to periodically review this page to review the most current agreement. By continuing to use the website after Company publishes changes to this Agreement, you are consenting to the revised Agreement. If you do not agree to the revised agreement, your sole remedy will be to cease access to the website. If you need more information about the changes or have any other questions or comments about the changes, please contact the company at support@datpunkt.com.
Assignment and delegation
The company may assign its rights or delegate a service under this agreement without your consent. You will not assign your rights under this Agreement or delegate your performance without the prior written consent of the Company. Any attempted assignment of rights or delegation of services in violation is null and void.
No waivers
The parties may only waive any provision in this Agreement by way of a letter signed by the party or parties against which the waiver is to be asserted. No failure or delay in exercising any right or remedy or requesting the fulfillment of any condition under this Agreement and no act, omission or conduct between the parties shall be deemed to be a waiver or challenge of any right, remedy, or condition. A one-time written waiver is only effective in this case and only for the stated purpose. A waiver once issued shall not be construed as a waiver on a future occasion or to any other person.
Severability Clause The parties intend to:
that if any provision of this Agreement is deemed unenforceable, that provision will be modified to the minimum necessary for its enforceability, unless such modification is not permitted by law; in this case this provision will not be taken into account;
that if the change or failure to comply with the unenforceable provision would result in a deficiency in any essential purpose of this Agreement, then the entire Agreement will be unenforceable;
that if any unenforceable provision under this Section 27.6 is modified or disregarded, the remainder of the Agreement will remain in effect as written; and
that an unenforceable provision will remain as written in circumstances other than those in which the provision is deemed unenforceable.
Hints
Send a message to the company
You can notify the company by email at support@datpunkt.com unless a specific email address is provided for the notification. The company will only consider an email notification that the company receives if its server sends you a response confirming receipt. The company may change its contact information on one or more occasions by posting the change on the website. Please check the website for the most up-to-date information on how to send notices to the company.
Sending a message to you - electronic message
You agree to any communication from the Company in electronic form either (1) by email to the last known email address the Company has for you, or (2) by posting the notice to a designated address Place on the website. The company will consider communications sent to you by email when their email service indicates they have been sent to your email address. You indicate that any email address you have given the Company to contact you is a current and valid email address to receive notifications and that your computer has hardware and software that will allow it is configured to send and receive e-mail over the Internet and to print all e-mail received.
Force majeure
The Company is not responsible for failure to perform if unforeseen circumstances or causes beyond its reasonable control delay or continue to delay its performance, including:
Acts of God, including fire, flood, earthquake, cyclone, tropical storm, or other natural disaster;
War, riot, arson, embargoes, acts of civil or military violence or terrorism;
Fiber cuts;
Strikes or shortages in transportation, facilities, fuel, energy, labor or materials;
Failure of the telecommunications or information service infrastructure; and
Hacking, SPAM or any failure of a computer, server, network or software.
No third party beneficiaries
This Agreement does not, nor does the parties intend to transfer any right or remedy to any person other than the parties to this Agreement.
Relationship of the parties
This Agreement does not create a partnership, joint venture, agency, franchise or employment relationship between the parties and the parties expressly deny the existence of any such relationship between them. Neither party is the representative of the other, and neither party has the right to bind the other to agreements with a third party.
Communication settings
By registering for an account, you are consenting to receive electronic communications from the company relating to your account. These communications may include sending e-mails to the e-mail address you provided during registration or posting notices on the website and contain information about your account (e.g. payment authorization, change of password or payment method, confirmation -E-mails and other transactional information) and are part of your relationship with the company. You acknowledge that any notices, agreements, disclosures, or other communications that the Company sends you electronically will meet all legal communication requirements, including the need for such communications to be in writing. The company recommends Maintain copies of electronic communications by printing out a hard copy or by saving an electronic copy. You also agree to receive certain other communications from the Company, including newsletters about new features and content, special offers, promotional communications, and customer surveys by email or otherwise. You acknowledge that communications you receive from the Company may contain sexually explicit material that is unsuitable for minors. If you no longer wish to receive certain non-transaction communications, please read the privacy policy regarding unsubscribing from marketing communications. Receive certain other communications from the Company, including newsletters about new features and content, special offers, promotional communications, and customer surveys by email or otherwise. You acknowledge that communications you receive from the Company may contain sexually explicit material that is unsuitable for minors. If you no longer wish to receive certain non-transaction communications, please read the privacy policy regarding unsubscribing from marketing communications. Receive certain other communications from the Company, including newsletters about new features and content, special offers, promotional communications, and customer surveys by email or otherwise. You acknowledge that communications you receive from the Company may contain sexually explicit material that is unsuitable for minors. If you no longer wish to receive certain non-transaction communications, please read the privacy policy regarding unsubscribing from marketing communications. that is unsuitable for minors. If you no longer wish to receive certain non-transaction communications, please read the privacy policy regarding unsubscribing from marketing communications. that is unsuitable for minors. If you no longer wish to receive certain non-transaction communications, please read the privacy policy regarding unsubscribing from marketing communications.
Electronic communication is not private
The company does not provide any facilities for sending or receiving confidential electronic communications. You should treat all messages sent to or from the company as open communications that are easily available to the public. You should not use the website to send or receive messages that only the sender and named recipients should read. Website users or operators can read any messages you send to the website, whether or not they are intended recipients.
Electronic signatures
Any confirmation, consent or agreement that you send through the website is binding on you. You acknowledge that your consent or consent is legally binding and enforceable if you click on an "I agree", "I agree" or similarly worded "button" with your finger, mouse, keystroke or other device. or click an input field and the legal equivalent of your handwritten signature.
English language
The company has drawn up this agreement in English. No translation into any other language will be used to interpret or interpret this Agreement. All services, support, notices, labels, specifications and notices are provided in English.
Your comments and concerns
You should direct all feedback, comments, technical support requests, and other communications relating to the website to support@datpunkt.com.
Uses
The following uses apply in this agreement:
Actions permitted under this Agreement may be taken at any time and on one or more occasions, in the sole discretion of the Actor.
References to a law relate to the law and any successor law as well as to all regulations that have been enacted or implement within the framework of the statute or the successor as amended.
References to numbered sections in this agreement also apply to all sections contained therein. References to Section 6 also refer, for example, to 6.1, 6.1 (a) etc.
References to a governmental or quasi-governmental authority, agency or institution also refer to a regulatory authority that assumes the functions of the authority, authority or institution.
“A or B” means “A or B or both”. “A, B or C” means “one or more of A, B and C”. The same construction applies to longer strings.
“Including” means “including but not limited to”.
