AGBs (vorläufig nur englisch)

AGBs (vorläufig nur englisch)

1. Acceptance

A. By using or visiting this website (collectively, including all content and functionality available through the mooma.sh domain name, the "Moomash Website", or "Website", or „Site“), you signify your agreement to these terms and conditions also found at mooma.sh/terms-of-use.html, Moomash's privacy notice, found at mooma.sh/privacy-policy.html and Moomash's Community Guidelines, found at mooma.sh/communityguidelines.html. If you do not agree to any of these terms, the Moomash privacy notice, or the Community Guidelines, please do not use the Moomash Website.

B. Although we normally notify you when major changes are made to these Terms of Service, you should sometimes review the most up-to-date version (mooma.sh/terms-of-use.html). Moomash may, in its sole discretion, modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.

2. Moomash Website

These Terms of Service apply to all users of the Moomash Website, including users who post links or communicate with other users. The Moomash Website includes all aspects of Moomash.

The Moomash Website will contain links to third party websites that are not owned or controlled by Moomash.

Moomash has no control over, and assumes no responsibility for,

  • the content,
  • privacy policies,
  • or practices of any third party websites.

In addition, Moomash will not and cannot censor or edit the content of any third-party site.

By using the Website, you expressly relieve Moomash from any and all liability arising from your use of any third-party website.

Accordingly, we encourage you read the terms and conditions and privacy policy of each other website that you visit after leaving Moomash.

3. Moomash Account (User and Developer Account)

In order to access special features of the Website, you will have to create a Moomash account.

You may never use another's account without permission.

When creating your account, you must provide accurate and complete information.

You are solely responsible for the activity that occurs on your account, and you must keep your account password secure.

You must notify Moomash immediately of any breach of security or unauthorized use of your account.

Although Moomash will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Moomash or others due to such unauthorized use.

4. General Use of the Website - Permissions and Restrictions

Moomash hereby allows you permission to access and use the Website as set forth in these Terms of Service, provided that:

You agree not to distribute in any medium any part of the Website, including but not limited to User Submissions (defined below), without Moomash's prior written authorization.

You agree not to alter or modify any part of the Website.

You agree not to access User Submissions (defined below) or Moomash Content through any technology or means other than Moomash may designate.

You agree not to use the Website for any commercial use, without the prior written authorization of Moomash.

5. Use of Content on the Site

In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of content on the Moomash Website.

The content on the Moomash Website, except all User Submissions (as defined below), including without limitation, the text, software, scripts, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Moomash, subject to copyright and other intellectual property rights under the law. Content on the Website is provided to you AS IS for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Moomash reserves all rights not expressly granted in and to the Website and the Content.

You may access User Submissions solely:

  • for your information and personal use;
  • as intended through the normal functionality of the Moomash Service

User Comments are made available to you for your information and personal use solely as intended through the normal functionality of the Moomash Service. User Comments are made available "as is", and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, downloaded, or otherwise exploited in any manner not intended by the normal functionality of the Moomash Service or otherwise as prohibited under this Agreement.

You may access Moomash Content, User Submissions and other content only as permitted under this Agreement. Moomash reserves all rights not expressly granted in and to the Moomash Content and the Moomash Service.

You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Website for any commercial purposes.

You agree not to circumvent, disable or otherwise interfere with security-related features of the Moomash Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Moomash Website or the Content therein.

You understand that when using the Moomash Website, you will be exposed to User Submissions from a variety of sources, and that Moomash is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Moomash with respect thereto, and agree to indemnify and hold Moomash, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.

6. User Submissions and Conduct

As a Moomash account holder you may post a link ("User Links") and textual content ("User Comments"). User Links and User Comments are collectively referred to as "User Submissions." You understand that whether or not such User Submissions are published, Moomash does not guarantee any confidentiality with respect to any User Submissions.

You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize Moomash to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service.

For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting User Submissions to Moomash, you hereby grant Moomash a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the Moomash Website and Moomash's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Moomash Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Moomash Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Service. The above licenses granted by you in User Links terminate within a commercially reasonable time after you remove or delete your User Links from the Moomash Service. You understand and agree, however, that Moomash may retain, but not display, distribute, or perform, server copies of User Submissions that have been removed or deleted. The above licenses granted by you in User Comments are perpetual and irrevocable.

In connection with User Submissions, you further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Moomash all of the license rights granted herein.

You further agree that you will not, in connection with User Submissions, submit material that is contrary to the Moomash Community Guidelines, found at mooma.sh/communityguidelines.html, which may be updated from time to time, or contrary to applicable local, national, and international laws and regulations.

Moomash does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Moomash expressly disclaims any and all liability in connection with User Submissions. Moomash does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and Moomash will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. Moomash reserves the right to remove Content and User Submissions without prior notice.

7. Account Termination Policy

Moomash will terminate a User's access to its Website if, under appropriate circumstances, they are determined to be a repeat infringer.

Moomash reserves the right to decide whether a Link or a User Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. Moomash may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.

8. Warranty Disclaimer

YOU AGREE THAT YOUR USE OF THE Moomash WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, Moomash, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. Moomash MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE Moomash WEBSITE. Moomash DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE Moomash WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND Moomash WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

9. Limitation of Liability

IN NO EVENT SHALL Moomash, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE Moomash WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

YOU SPECIFICALLY ACKNOWLEDGE THAT Moomash SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

The Website is controlled and offered by Moomash from its facilities in Germany. Moomash makes no representations that the Moomash Website is appropriate or available for use in other locations. Those who access or use the Moomash Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.

10. Indemnity

You agree to defend, indemnify and hold harmless Moomash, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from:

  • your use of and access to the Moomash Website;
  • your violation of any term of these Terms of Service;
  • your violation of any third party right, including without limitation any copyright, property, or privacy right; or
  • any claim that one of your User Submissions caused damage to a third party.

This defense and indemnification obligation will survive these Terms of Service and your use of the Moomash Website.

11. Ability to Accept Terms of Service

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13, as the Moomash Website is not intended for children under 13. If you are under 13 years of age, then please do not use the Moomash Website. There are lots of other great web sites for you. Talk to your parents about what sites are appropriate for you.

12. Assignment

These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Moomash without restriction.

13. General

If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and Moomash's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. Moomash reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the Moomash Website following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND Moomash AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE Moomash WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

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