Terms of Use
THIS AGREEMENT GOVERNS YOUR USE OF THE beyondinfluence WEBSITE.
This website is owned and operated by Fickle Fish Media UG. Access and use of this website is provided by beyondinfluence to you on condition that you accept these Terms of Use, and by accessing or using this website, you agree to these Terms of Use. If you do not agree to accept and abide by these Terms of Use you should not access or use this website.
beyondinfluence may revise and update these Terms of Use at any time and without notice. You are cautioned to review the Terms of Use posted on the website periodically. Your continued access or use of this website after any such changes are posted will constitute your acceptance of these changes.
USE OF THE SITE
This website and its contents (the “Content”) are intended for visitors of beyondinfluence. You may not use this website or the Content for any purpose not related to your business with beyondinfluence. You are specifically prohibited from: (a) downloading, copying, or re-transmitting any or all of the website or the Content without, or in violation of, a written license or agreement with beyondinfluence; (b) using any data mining, robots or similar data gathering or extraction methods; (c) manipulating or otherwise displaying the website or the Content by using framing or similar navigational technology; (d) registering, subscribing, unsubscribing, or attempting to register, subscribe, or unsubscribe any party for any beyondinfluence product or service if you are not expressly authorized by such party to do so; and (e) using the website or the Content other than for its intended purpose, as determined solely in beyondinfluence’s discretion, including but not limited to, to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy) of others, and/or to publish, post, distribute or disseminate any defamatory, infringing, obscene, pornographic, sexual, indecent or unlawful material or information.
You may not interfere with the security of, or otherwise abuse this website or any system resources, services, or networks connected to or accessible through this website. You may only use this website for lawful purposes.
INTELLECTUAL PROPERTY
All materials (including the organization and presentation of such material) on this website (the “Materials”) are the property of beyondinfluence and its licensors and may be protected by intellectual property laws including laws relating to copyrights, trade-marks, trade-names, internet domain names, and other similar rights.
Unless you have entered into a separate agreement with beyondinfluence, such as a Partner Agreement, any other use of these Materials without beyondinfluence’s written permission is prohibited.
The Materials may only be used and copied for your own, non-commercial, personal or educational purposes, provided that the Materials are not modified and that copyright and other intellectual property notices are not deleted. You may not create derivative works from or otherwise exploit the Materials in any way.
TRADEMARKS
beyondinfluence, beyondinfluence.one, and any other product or service name or slogan contained in the Site are trademarks of beyondinfluence and its suppliers or licensors, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of beyondinfluence or the applicable trademark holder. You may not use metatags or any other “hidden text” utilizing “beyondinfluence” or any other name, trademark or product, or service name of beyondinfluence without our prior written permission. In addition, the look and feel of the Site, including all page headers, custom graphics, graphs, button icons, and scripts, is the service mark, trademark, and/or trade dress of beyondinfluence and may not be copied, imitated, or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names, and company names or logos mentioned on the Site are the property of their respective owners. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by us.
PRIVACY
beyondinfluence is committed to respecting the privacy of the personal information of the individuals with whom we interact. We have developed a Website Privacy Commitment to describe our privacy policies and practices and how we collect, use and disclose the personal information of those individuals who visit our website. Please see our Privacy Policy for further details.
Currency of website
beyondinfluence updates the information on this website regularly. However, beyondinfluence can not guarantee or accept any responsibility or liability for the accuracy, currency, or completeness of the information on this website. beyondinfluence may revise, supplement or delete information, services, and/or the resources contained in the website and reserves the right to make such changes without prior notification to past, current or prospective visitors.
LINKED WEBSITES
This website may provide links to third-party websites for your convenience only. The inclusion of these links does not imply that beyondinfluence monitors or endorses these websites. beyondinfluence does not accept any responsibility for such websites. beyondinfluence 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 the reliance upon any information, content, goods or services available on or through any third-party websites or linked resources.
INTERNET SOFTWARE OR COMPUTER VIRUSES
Due to technical difficulties with the Internet, Internet software or transmission problems could produce inaccurate or incomplete copies of information contained on this website. Computer viruses or other destructive programs may also be inadvertently downloaded from this website.
beyondinfluence shall not be responsible or liable for any software, computer viruses, or other destructive, harmful, or disruptive files or programs that may infect or otherwise impact your use of your computer equipment or other property on account of your access to, use of, or browsing on this website or your downloads of any materials from this website. beyondinfluence recommends that you install appropriate anti-virus or other protective software.
WEBSITE AND MATERIALS PROVIDED „AS IS “
THIS WEBSITE AND THE MATERIALS ARE PROVIDED “AS IS” WITHOUT REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. beyondinfluence DOES NOT REPRESENT OR WARRANT THAT THIS WEBSITE OR THE MATERIALS WILL MEET YOUR REQUIREMENTS OR THAT THEIR USE WILL BE UNINTERRUPTED OR ERROR-FREE.
LIMITATION OF LIABILITY
YOU ASSUME ALL RESPONSIBILITY AND RISK FOR USE OF THIS WEBSITE AND THE MATERIALS INCLUDING WITHOUT LIMITATION ANY OF THE INFORMATION CONTAINED THEREIN.
IN NO EVENT SHALL beyondinfluence OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, PARTNERS, OR AGENTS BE LIABLE FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING DAMAGES FOR LOSS OF PROFITS, INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) IN CONNECTION WITH ANY CLAIM, LOSS, DAMAGE, ACTION, SUIT OR OTHER PROCEEDING ARISING UNDER OR OUT OF THESE TERMS OF USE, INCLUDING WITHOUT LIMITATION YOUR USE OF, RELIANCE UPON, ACCESS TO, OR EXPLOITATION OF THIS WEBSITE, THE MATERIALS OR ANY PART THEREOF, OR ANY RIGHTS GRANTED TO YOU HEREUNDER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER THE ACTION IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHERWISE.
IN ANY EVENT, THE TOTAL MAXIMUM AGGREGATE LIABILITY UNDER THESE TERMS OF USE OR THE USE OR EXPLOITATION OF ANY OR ALL PART OF THIS WEBSITE OR THE MATERIALS IN ANY MANNER WHATSOEVER SHALL BE LIMITED TO ONE (€ 1,-) EUROS.
SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
INDEMNIFICATION
You agree to indemnify and hold beyondinfluence harmless against all claims or liability asserted against beyondinfluence arising out of or in connection with any breach by you or anyone acting on your behalf of any of these Terms of Use.
Feel free to email beyondinfluence at hello@beyondinfluence.one. However, the Internet is not a fully secure medium and any communication may be lost, intercepted, or altered. beyondinfluence is not liable for any damages related to communications to or from this website. You agree with respect to any information provided by you to us through this website or via e-mail that:
beyondinfluence has no obligation concerning such information;
the information is non-confidential;
beyondinfluence may use, disclose, distribute or copy the information and may use any ideas, concepts or know-how contained in the information for any purpose without compensation; and
the information is truthful and disclosure of the information does not violate the legal rights of others.
APPLICABLE LAW
This website is controlled, operated, and administered by beyondinfluence from within Germany. This website can be accessed from other countries around the world. As each of these jurisdictions has laws that may differ from those of Germany, by accessing this website, you acknowledge and agree that all matters relating to access to, or use of this website shall be governed by the laws of Germany applicable therein (without reference to conflicts of laws principles).
You also agree that any claims or disputes whatsoever arising hereunder shall be submitted to the exclusive jurisdiction and venue of the courts of Germany and acknowledge that you do so voluntarily.
GENERAL
beyondinfluence’s failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or right.
If any provision or part thereof of these Terms of Use is wholly or partially unenforceable the parties or, in the event the parties are unable to agree, a court of competent jurisdiction shall put in place thereof an enforceable provision or provisions, or part thereof, that as nearly as possible reflects the terms of the unenforceable provision or part thereof.
The parties have requested that these Terms of Use and all documents relating thereto be drawn up in English.