This website (“Website”) is owned and operated by Root Sector Ltd. & Co. KG (“Company”). By visiting our Website and accessing the information, resources, services, products, and tools we provide, you understand and agree to accept and adhere to the following terms and conditions as stated in this policy (“Terms of Service”), along with the terms and conditions as stated in our privacy policy (please refer to the privacy policy section below for more information).
We reserve the right to change this Terms of Service from time to time without notice. You acknowledge and agree that it is your responsibility to review this Terms of Service periodically to familiarize yourself with any modifications. Your continued use of this Website after such modifications will constitute acknowledgment and agreement of the modified terms and conditions.
Responsible use and conduct
By visiting our Website and accessing the information, resources, services, products, and tools we provide for you, either directly or indirectly (“Resources”), you agree to use these Resources only for the purposes intended as permitted by (a) the terms of this Terms of Service and (b) applicable laws, regulations and generally accepted online practices or guidelines.
Wherein, you understand that:
a. In order to access our Resources, you may be required to provide certain information about yourself (such as identification, contact details, etc.) as part of the registration process, or as part of your ability to use the Resources. You agree that any information you provide will always be accurate, correct, and up to date.
b. You are responsible for maintaining the confidentiality of any login information associated with any account you use to access our Resources. Accordingly, you are responsible for all activities that occur under your account/s.
c. Accessing (or attempting to access) any of our Resources by any means other than through the means we provide, is strictly prohibited. You specifically agree not to access (or attempt to access) any of our Resources through any automated, unethical or unconventional means.
d. Engaging in any activity that disrupts or interferes with our Resources, including the servers and/or networks to which our Resources are located or connected, is strictly prohibited.
e. Attempting to copy, duplicate, reproduce, sell, trade, or resell our Resources is strictly prohibited.
f. You are solely responsible any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you, as explained above, and may incur criminal or civil liability.
g. We may provide various open communication tools on our Website, such as blog comments, blog posts, public chat, forums, message boards, newsgroups, product ratings and reviews, various social media services, etc. You understand that generally we do not pre-screen or monitor the content posted by users of these various communication tools, which means that if you choose to use these tools to submit any type of content to our Website, then it is your personal responsibility to use these tools in a responsible and ethical manner. By posting information or otherwise using any open communication tools as mentioned, you agree that you will not upload, post, share, or otherwise distribute any content that
i. is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, or contains any type of suggestive, inappropriate, or explicit language;
ii. infringes on any trademark, patent, trade secret, copyright, or other proprietary right of any party;
iii. contains any type of unauthorized or unsolicited advertising;
iv. impersonates any person or entity, including any of Company’s employees or representatives.
We have the right at our sole discretion to remove any content that, we feel in our judgment does not comply with this Terms of Service, along with any content that we feel is otherwise offensive, harmful, objectionable, inaccurate, or violates any third party copyrights or trademarks. We are not responsible for any delay or failure in removing such content. If you post content that we choose to remove, you hereby consent to such removal, and consent to waive any claim against us.
h. We do not assume any liability for any content posted by you or any other third party users of our Website. However, any content posted by you using any open communication tools on our Website, provided that it doesn’t violate or infringe on any third party copyrights or trademarks, becomes the property of Company, and as such, gives us a perpetual, irrevocable, worldwide, royalty-free, exclusive license to reproduce, modify, adapt, translate, publish, publicly display, and/or distribute as we see fit. This only refers and applies to content posted via open communication tools as described, and does not refer to information that is provided as part of the registration process, necessary in order to use our Resources. All information provided as part of our registration process is covered by our privacy policy.
i. You agree to indemnify and hold harmless Company and its parent company and affiliates, and their directors, officers, managers, employees, donors, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this Terms of Service or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this Terms of Service. In such event, you shall provide us with such cooperation as is reasonably requested by us.
Privacy
Your privacy is very important to us, which is why we’ve created a separate privacy policy in order to explain in detail how we collect, manage, process, secure, and store your private information. Our privacy policy is included under the scope of this Terms of Service. To read our privacy policy in its entirety, click here.
Limitation of warranties
By using our Website, you understand and agree that all Resources we provide are “as is” and “as available”. This means that we do not represent or warrant to you that:
i. the use of our Resources will meet your needs or requirements;
ii. the use of our Resources will be uninterrupted, timely, secure or free from errors;
iii. the information obtained by using our Resources will be accurate or reliable; and
iv. any defects in the operation or functionality of any Resources we provide will be repaired or corrected.
Furthermore, you understand and agree that:
v. any content downloaded or otherwise obtained through the use of our Resources is done at your own discretion and risk, and that you are solely responsible for any damage to your computer or other devices for any loss of data that may result from the download of such content; and
vi. no information or advice, whether expressed, implied, oral or written, obtained by you from Company or through any Resources we provide shall create any warranty, guarantee, or conditions of any kind, except for those expressly outlined in this Terms of Service.
Limitation of liability
In conjunction with the limitation of warranties as explained above, you expressly understand and agree that any claim against us shall be limited to the amount you paid, if any, for use of products and/or services. Company will not be liable for any direct, indirect, incidental, consequential, or exemplary loss or damages which may be incurred by you as a result of using our Resources, or as a result of any changes, data loss or corruption, cancellation, loss of access, or downtime to the full extent that applicable limitation of liability laws apply.
Copyrights and trademarks
All content and materials available on our Website, including but not limited to text, graphics, name of the Website, code, images, and logos are the intellectual property of Company, and are protected by applicable copyright and trademark law. Any inappropriate use, including but not limited to the reproduction, distribution, display, or transmission of any content on this site is strictly prohibited, unless specifically authorized by Company.
Termination of use
You agree that we may, at our sole discretion, suspend or terminate your access to all or part of our Website and Resources with or without notice and for any reason, including, without limitation, breach of this Terms of Service. Any suspected illegal, fraudulent, or abusive activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon suspension or termination, your right to use the Resources we provide will immediately cease, and we reserve the right to remove or delete any information that you may have on file with us, including any account or login information.
Cancellation
To cancel your subscription, login to your account and click on “My Account” in the right side of the top navigation menu. In the “My Subscription” area, click on the “Cancel” button next to your current subscription.
Once cancelled, your account will remain active until the next due date.
Past the due date, if no payment has been received, your account will be deactivated. You will no longer be able to log into your account.
Right of termination for consumers
A person is considered a consumer, if the purpose of his use of service is neither commercial nor professional. A consumer may terminate the present contractual agreement in written form (e.g. by letter or e-mail) within 14 days without stating a reason. The period of two weeks begins upon receipt of these terms in written form, but not before the contract has been executed, and also not prior to fulfillment of the information duties of Company as per § 312c (2) BGB (German Civil Code) in connection with § 1 (1), (2) and (4) BGB-InfoV, as well as Company’s duties as per § 312e (1) line 1 in connection with § 3 BGB-InfoV. The consumer may terminate the contract by giving timely notice to:
Root Sector Ltd. & Co. KG
Holzmarktstr. 62
10179 Berlin
Germany
E-Mail: [email protected]
Consequences of termination
Given the termination of the contract was valid, fees and services provided by both parties have to be returned, and any economic advantages gained (e.g. interest) have to be repaid. If the consumer cannot return the services rendered fully or in part, or only in a lesser form, he is obliged to reimburse Company for the caused loss. For the consumer, this may involve the requirement to fulfill the contractual payment obligations for the time period until termination. Obligations to reimburse costs have to be fulfilled within 30 days. For the consumer, this period begins when sending the the contract termination. For Company, this period begins at receipt of the termination.
Premature expiration of the right of termination
The consumer’s right of termination expires before the end of the legal termination period if both parties explicitly agree that the contract has been fulfilled before the consumer made use of his right of termination.
Governing law
This Website is controlled by Company located in Germany. The Website can be accessed by most countries around the world. By accessing our Website, you agree that the statutes and laws of our state, without regard to the conflict of laws and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this Website and the purchase of any products or services through this Website.
Furthermore, any action to enforce this Terms of Service shall be brought in the federal or state courts of Germany. You hereby agree to personal jurisdiction by such courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.
Guarantee
UNLESS OTHERWISE EXPRESSED, COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
Contacting us
If you have any questions about this Terms of Service, the practices of this Website, or your dealings with this Website, please contact us via e-mail ([email protected]).
This Terms of Service was last updated on January 1, 2019.