Last updated: May 28, 2021.
1. Information About Us
Our Website is owned and operated by Badael e.V., registered in Berlin, Germany with a registered address at Rigaer Str. 3 12047 Berlin. Our registry code is VR 37006 B and the VAT number is 27/661/52958.
2. Access to Our Website
Access to our website is provided free of charge. It is your responsibility to make any and all arrangements necessary in order to access our website. Access to our website is provided “as is” and on an “as available” basis. We may alter, suspend or discontinue our website, or any part of it at any time without notice. We will not be liable to you in any way if our website or any part of it is unavailable at any time and for any period.
4. Links to Other Websites
Our website may contain links to third-party websites or services that are not owned or controlled by us. We have no control over, or assume any responsibility for the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that Badael shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services. We strongly recommend that you read the terms and conditions and privacy policies, as well as cookie policies of any third-party websites or services that you visit.
5. Limitation of Liability
Notwithstanding any damages that you might incur, the entire liability of Badael and any of its suppliers under any provision of these Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by you through our website or 10.0 USD if you haven't made any payments through this website. To the maximum extent permitted by applicable laws, in no event shall we or our suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data, or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use this website, third-party software and/or third-party hardware used with this website, or otherwise in connection with any provision of these Terms and Conditions), even if we or any of our suppliers have been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
6. Security of Your Device
We exercise all reasonable skill and care to ensure that our website is secure and free from viruses and other malware. Please note, it is your responsibility to protect your hardware, software, data, and other material from viruses, malware, and other internet security risks. You shall refrain from deliberately introducing viruses or other malware, or any other material which is malicious or technologically harmful either to or via our website. You must not attempt to gain unauthorized access to any part of our website, the server on which our website is stored, or any other server, computer, or database connected to our website. You must not attack us by means of a denial-of-service attack, a distributed denial-of-service attack, or by any other means. By breaching these provisions you may be committing a criminal offense under applicable laws. Any and all such breaches will be reported to the relevant law enforcement authorities, and we will cooperate fully with those authorities by disclosing your identity to them. Your right to use our services will cease immediately in the event of such a breach.
7. Acceptable Usage Policy
You may only use our website in a manner that is lawful. You must, specifically, make sure that: 1- You comply fully with any and all appropriate local, national or international laws and/or regulations; 2- You do not use our website in any way, or for any purpose, that is unlawful or fraudulent; 3- You do not use our website to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software, or data of any kind; and 4- You do not use our website in any way, or for any purpose, that is intended to harm any person or persons in any way. We reserve the right to suspend or terminate your access to our services if you materially breach the provisions of this clause or any of the other provisions of these Terms and Conditions. Specifically, We may take one or more of the following actions: 1- suspend, whether temporarily or permanently, your right to access our services; 2- issue you with a written warning; 3- take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach; 4- take further legal action against you as appropriate; 5- disclose such information to law enforcement authorities as required or as we deem reasonably necessary; and/or 6- any other actions which we deem reasonably appropriate (and lawful). We hereby exclude any and all liability arising out of any actions (including, but not limited to those set out above) that we may take in response to breaches of these Terms and Conditions.
8. Intellectual Property Rights
All content generated by us (including, but is not limited to images, photos, audio, video, location data, nearby places, and all other forms of information or data) on our website and the copyright and other intellectual property rights subsisting in that content, unless specifically labeled otherwise, belongs to or has been licensed by us. All content generated by different platforms on our website belongs to or has been licensed to them. You may not reproduce, copy, distribute, sell, rent, sub-license, store, or in any other manner re-use content from our website unless given express written permission to do so by us or by other platforms generating such content on our website. You are permitted to: 1- Access, view, and use our website in a web browser (including any web browsing capability built into other types of software or app); 2- Download our website (or any part of it) for caching; 3- Print page(s) from our website; 4- Download extracts from pages on our website; and 5- Save pages from our website for later and/or offline viewing. Our status as the owner and author of the content on our website (or that of identified licensors, as appropriate) must always be acknowledged. You may not use any content saved or downloaded from our website for commercial purposes without first obtaining a license from us (or our licensors, as appropriate) to do so. This does not prohibit the normal access, viewing and use of our website for general information purposes whether by business users or consumers. Nothing in these Terms and Conditions gives you a right to use any of our trade names, trademarks, service marks, logos, domain names, and other distinctive brand features, regardless of whether they are registered or not. Any infringement shall lead to appropriate legal proceedings against you at an appropriate forum for seeking all available and possible remedies under applicable laws of the country of violation.
You agree to indemnify and hold Badael and its officers, employees, and agents harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (i) your use of our website or our services, (ii) Your Content, (iii) your violation of these Terms and Conditions; or (iv) your violation of applicable laws or regulations. Badael retains the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without our prior written consent. We will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
10. Governing Law and Dispute Resolution
These Terms and Conditions, and the relationship between you and us, whether contractual or otherwise shall be governed by, and construed in accordance with the laws of Germany. If you have any concern or dispute with regard to our website and/or our services, you agree to first try to resolve the dispute informally by contacting us through the details provided in section “Contact Us”. If this fails to produce a final outcome to your concern or dispute, then any dispute concerning these Terms and Conditions, or the relationship between you and us, or any matters arising therefrom or associated therewith, whether contractual or otherwise, shall be subject to the exclusive jurisdiction of the courts of the Germany.
If any provision of these Terms and Conditions is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable laws and the remaining provisions will continue to be in full force and effect.
12. Changes to the Terms and Conditions
We reserve the right, at our sole discretion, to modify or replace these Terms and Conditions at any time. If a revision is material we will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access our website or use our services after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, in whole or in part, please stop using the website and the services.
13. Contact Us
In order to contact us with regard to anything concerning these Terms and Conditions, including any concerns or disputes, please use the following details: Email address: email@example.com