Loodse GmbH

Terms and conditions


Last Updated: May 18, 2018

These Terms of Use (these “Terms”) are a legal agreement between you and Loodse GmbH (“Loodse,” “we,” or “our”) providing, among other things, the terms and conditions of your use of the web-services and information we make available under these terms (the “Services”) and any downloadable software that Loodse makes available to you in connection with the Services (the “Software”). The Services and Software are sometimes individually referred to in these Terms as a “Property” or collectively as the “Properties.”

Agreement. By accessing any Property, you agree to these Terms. If you do not agree to these Terms, you are not authorized to use the Properties.

Disclaimers. THESE TERMS INCLUDE PROVISIONS THAT LIMIT THE WARRANTIES AND LIABILITIES OF LOODSE.

Additional Terms. These Terms hereby incorporate any additional terms provided to you by Loodse when you access the Properties, for example, additional service terms or software license terms. To the extent there is a conflict between these Terms and such additional terms, such additional terms will prevail.

Update of Terms. We may, from time to time, modify these Terms. You will be deemed to have accepted these Terms, as may be amended, each time you use any of the Properties. The modified version of these Terms will govern your use after such acceptance.

1. Requirements; Accounts.

1.1 Requirements. You may not use the Properties unless you are at least 13 years of age. You represent that you have read and understood, and that you agree to be bound by, these Terms. If you do not agree to, or cannot comply with, any of the terms and conditions of these Terms, please do not agree to them and do not attempt to access any of the Properties.

1.2 Accounts. You may be required to register and provide certain information, including, for example, a member or username, a password, and a valid email address (the “Account Information”) before using the Properties. You agree to provide accurate Account Information and to update such information as necessary to keep it accurate. You agree to notify us immediately of any unauthorized use of your Account Information or account. Loodse is not responsible for any losses arising out of the unauthorized use of your Account Information or account and you agree to indemnify and hold harmless Loodse, its partners, parents, subsidiaries, agents, affiliates and licensors, as applicable, for your improper, unauthorized, or illegal uses of the same.

2. Use Rights.

Subject to your compliance with these Terms and any additional terms made available to you by Loodse, Loodse grants you the limited, non-exclusive, non-transferable right to access and use the Properties only with supported browsers and devices, and solely in the manner and for the purposes described in these Terms or in any relevant Loodse documentation. You may install and use one copy of downloaded Software only in a manner consistent with its documentation and design and only for purposes of using the Services.

3. Restrictions.

You will not: (1) use any Property if you are under the age of 13; (2) use any Property for any illegal purpose; (3) sell, transfer, sublicense, rent, lease, trade, gift, assign or otherwise transfer any Service account or other Property; (4) create more than one Service account for the same Service at any given time or create an account using a false identity or information, or on behalf of someone other than yourself; (5) create a Service account or use any Property if you have previously been removed by Loodse; (6) use any Property if you are prohibited by any law from doing so, for example, because you are located in a nation embargoed by the United States or Germany; (7) use your Service account or any Property to advertise, solicit, or transmit any commercial advertisements, including chain letters, junk email, or repetitive messages; (8) use any software, bots, hacks, mods or any unauthorized software to modify, disable, or interfere with any Property, or to assist anyone to do so; (9) decompile, reverse engineer, or otherwise attempt to discover the source code of any Property; (10) disrupt, overburden, or aid or assist in the disruption or overburdening of, any computer or server used to offer or support any Property; (11) attempt to gain unauthorized access to any Property or to the computers, servers, or networks connected to any Property by any means other than the user interface provided by Loodse, including but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device, or software that is part of any Property; (12) upload to any Service or cause a link from any Property to any file, content, or other information that is illegal, untrue, abusive, threatening, obscene, defamatory, libelous, or racially, sexually, or religiously offensive, or that promotes any of the foregoing, or that is otherwise objectionable or offensive; (13) upload to any Service or cause a link from any Property to any file, content, or other information that contains nudity, excessive violence, or offensive subject matter or that contains a link to such content; (14) harass, abuse, or harm, or advocate or incite harassment, abuse, or harm of another person, or group, including Loodse employees; (15) make available through any Property any material or information that infringes any copyright, trademark, patent, trade secret, right of privacy, right of publicity, or other right of any person or entity or impersonates any other person; (16) use any Property to publish, solicit, or collect personal data, including telephone numbers, addresses, last names, email addresses, or any kind of information about users, including without limitation, through such means as spidering, screen scraping, database scraping, harvesting, or any other automatic means of accessing, logging-in, or registering on a Property; (17) make any Service or other Property available over a network not controlled by Loodse where it could be used by others; or (18) use, copy, distribute, or otherwise exploit the Properties other than as expressly permitted by these Terms. We will contact the authorities in the event that we discover that you are using any Property in any illegal manner or for any illegal purpose.

4. Ownership.

You acknowledge that the Properties are owned by Loodse and its licensors. All title and intellectual property rights in and to the Properties are the property of the respective owner and may be protected by applicable copyright or other intellectual property laws and treaties and subject to use restrictions under such laws or treaties. Except as expressly granted in these Terms, Loodse does not grant any rights in the Properties.

5. Trademarks.

You are not granted any right or license in any trademark, including the Loodse trademark or logo. Please contact Loodse for information about the use of its trademarks.

6. Disclaimers.

6.1 No Warranty. UNLESS MAY BE EXPRESSLY PROVIDED BY LOODSE IN ADDITIONAL TERMS, THE PROPERTIES ARE PROVIDED “AS-IS.” ANY USE OF THE PROPERTIES IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LOODSE AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUALITY, AND NON-INFRINGEMENT. LOODSE MAKES NO REPRESENTATIONS OR GUARANTEES THAT THE PROPERTIES WILL BE FREE FROM LOSS, ERROR, DESTRUCTION, DAMAGE, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND LOODSE DISCLAIMS ANY LIABILITY RELATING THERETO. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY OR MAY NOT APPLY TO YOU.

7. Limitation of Liability.

7.1 No Consequential Damages. IN NO EVENT SHALL LOODSE, ITS OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT FORESEEABLE OR IF LOODSE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR BASED ON ANY THEORY OF LIABILITY, INCLUDING BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ANY OTHER CLAIM ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR ACCESS TO THE PROPERTIES.

7.2 Aggregate Limit. LOODSE’S AGGREGATE LIABILITY AND THAT OF ITS AFFILIATES AND SUPPLIERS UNDER OR IN CONNECTION WITH THESE TERMS SHALL BE LIMITED TO US $5. THE ABOVE LIMITATIONS WILL APPLY EVEN IF LOODSE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

7.3 Applicability. THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES. ACCORDINGLY, THE LIMITATIONS AND EXCLUSIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.

8. Indemnity.

You will indemnify and hold Loodse, its directors, officers, employees, affiliates, agents, contractors, and suppliers harmless from any damages, liabilities, or expenses arising from or based upon your failure to comply with these Terms. Loodse may, at your expense, assume the exclusive defense and control of any matter for which you are required to indemnify Loodse, and you agree to cooperate with Loodse’s defense of these claims. Loodse will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it. This Section will survive any termination of your Service accounts or right to use any other Property.

9. Termination.

9.1 Your Access. Loodse will determine, in its sole discretion, your compliance with these Terms and may immediately terminate your access and right to use the Properties if you fail to comply. In any event, unless otherwise agreed by Loodse, for example in the separate terms of a paid-for service provided by Loodse, Loodse may terminate your access and right to use the Properties for any reason, or no reason, in its sole discretion. You may cancel any Service account at any time by following the instructions on the relevant Property. If Loodse terminates your access and right to use a Property or you cancel your account, then you will cease all use of the Property or your account.

9.2 Discontinuation of Properties. Unless otherwise agreed by Loodse in writing, Loodse may, without prior notice, modify, suspend, or discontinue the Properties or your use of them. In the event that Loodse elects to modify, suspend, or discontinue a Property, or your use of it, Loodse will not be liable to you or any third party as a result. Loodse has no responsibility for maintenance or storage of any of your data.

10. General.

10.1 Facilities. You are responsible for providing the DSL, cable modem, and any other hardware and software necessary to use the Properties.

10.2 Governing Law; Forum. These Terms are governed by the laws of the Germany]. If Licensee is a merchant within the meaning of the German Commercial Code (HGB), section 1, or a public-law juristic person or special fund, the sole place of jurisdiction for all differences arising out of or in connection with these Terms shall be Hamburg, Germany. In any event, these Terms will be construed without regard to any provisions of law governing conflict of laws. Either party may seek injunctive or other emergency relief in any competent court. The parties expressly disclaim the application of the United Nations Convention on Contracts for the International Sale of Goods and Uniform Computer Information Transactions Act.

10.3 Severability. If any portion of these Terms is found illegal or unenforceable in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective solely to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of these Terms, which shall continue to be in full force and effect.

10.4 Assignment. Loodse may assign or delegate these Terms, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under these Terms without Loodse’s prior written consent, and any unauthorized assignment and delegation by you is void and ineffective.

10.5 Entire Agreement. These Terms contain the entire understanding of you and Loodse, and supersede all prior understandings of the parties hereto relating to the subject matter hereof, whether electronic, oral or written, or whether established by custom, practice, policy or precedent, between you and Loodse with respect to the Properties.

10.6. Waiver. The failure of Loodse to require or enforce strict performance by you of any provision of these Terms or failure to exercise any right under them shall not be construed as a waiver or relinquishment of Loodse’s right to assert or rely upon any such provision or right in that or any other instance.

10.7. Modification. Except as expressly and specifically set forth in this these Terms, no representations, statements, consents, waivers, or other acts or omissions by Loodse shall be deemed a modification of these Terms nor be legally binding unless documented in physical writing, hand signed by you and a duly appointed officer of Loodse.

10.8 Notices. We may notify you through the Services or via email or any other means to the contact address you provide to us. All notices given by you or required from you under these Terms will be in writing and addressed to: Loodse GmbH, Eppendorfer Baum 28 20249 Hamburg, GERMANY. Any notices that you provide not in compliance with this Section will have no legal effect.

10.9 Update of Terms. We may from time to time modify these Terms. You will be deemed to have entered into and accepted these Terms and our Privacy Policy, as may be amended, each time you use any of the Properties.