GENERAL TERMS AND CONDITIONS
If you do not agree to any of the zensera™ Agreements or terms that are applicable to you, do not use the Service or any services offered by the Service. IN ALL EVENTS, BY ENTERING ACCESSING, BROWSING, SUBMITTING INFORMATION TO, PARTICIPATING IN EXCHANGE, OR OTHERWISE USING THIS WEBSITE, YOU AGREE TO COMPLY WITH AND BE BOUND BY THESE GENERAL TERMS AND CONDITIONS.
You may register as a User via the Website and, if any in the future, by the zensera™ App. We reserve the right to offer paid premium services which would be subject to separate terms and conditions. You are solely responsible for the use of your account, irrespective of who is utilising it, whether with or without your permission. You must keep your account information secure. You agree not to give out your email with your account information or give access to any third party, and to take all measures to prevent a third party from accessing your account, even without your knowledge. You indemnify us for any loss or damage we suffer as a result of unauthorised access to your account. You warrant and represent that all information provided to us is accurate, complete and not misleading and remains so. You must notify us of any change to such information. Only users with full legal competency and those acting with the consent of their legal representatives are authorised for registration.
- Conditions of Use
You accept and acknowledge the following conditions to access and use of the Website (and if any, of the zensera™ App) and zensera™:
- you represent that you have capacity to form a binding contract in your jurisdiction;
- you will only represent yourself and will not create false aliases or impersonate any other person or entity or company (with or without their consent);
- you only use the Website for lawful purposes.
- We reserve the right to refuse to provide you with access to the Website (and if any, to the zensera™ App), if it is brought to our notice or if it is discovered that you are not an eligible user or have breached these GTC.
- Scope of service, changes, and Cancellation
We provide and conduct managing and tracking of assets on the Website (and if any in the zensera™ App). By participating in the service zensera™, you agree to comply with these conditions. If you do not comply with the conditions zensera™ may exclude you from the platform and, if any, withhold the award and, if already received, claim back the award from you. The service is provided “as-is” and zensera™ makes no warranties as to functionality or features. zensera™ gives no guarantee that the service meets your specific requirements given that the service is provided as standard-software.zensera™ reserves the right to replace the tasks and conditions as necessary, while maintaining the overall character of zensera™.
- zensera™ Content
Content shall mean all digital materials, including without limitation all text, videos, alt tags, feedback, graphics, photographs, trademarks, logos, sound, and computer code. Users of zensera grant zensera™ the right to transfer and sub-license the rights in the Content to any third party, and to edit and amend the Content in our sole discretion, and to delete the Content (this will not affect the Content posted/uploaded on third parties’ accounts).Users warrant that they have the permission to grant said rights in their generated and/or uploaded Content (including the persons depicted in the videos), and that the Content will not infringe third parties’ rights. Users of zensera™ hold zensera™ harmless of any damages arising from non-compliance with this warranty, such as copyright or personal rights infringements.We make no guarantees about the accuracy, currency, suitability, quality or legality of Users Content of zensera™, and we assume no responsibility for unintended, objectionable, inaccurate, misleading or unlawful Content. We also do not warrant the accessibility of the Content posted or incorporated on third parties’ accounts as such Content may at any time (without our knowledge) be non-available any more. We are not responsible for users’ content that contains or delivers viruses, Trojan horses, worms, spyware, malware, or other harmful content or code. Rather, you are responsible for installing, maintaining and using effective anti-virus and spyware prevention technologies.
- Suspension of Use
zensera™ may without notice at any time
- suspend access to the Website (and if any, to the zensera™ App) or disconnect during any technical failure or maintenance period;
- choose at our sole discretion to block or deny any particular users with access to any of the Content or the Website (and if any, to the zensera™ App), especially when we realize that you do not comply with these GTC; and
- make improvements or changes to the Website and the Content at any time without notice. We do not warrant that the IT architecture or navigation will not change now or at any time in future.
- Take Down Notice and Copyright
zensera™ takes all reasonable steps to monitor the Content published by Users on the Website (and if any, in the zensera™ App). We aim to remove all Content as soon as practical after we are notified that it may be a breach of copyright, other intellectual property rights, is defamatory or otherwise claimed to be offensive or illegal in any way. To notify zensera™ of a claimed infringement of copyright or else, please send us a notification to email@example.com Users acknowledge and agree that if we receive a notice of a claim of infringement, we may immediately remove the Content from the Website (if any, also from the zensera™ App). All zensera™ information and Content provided by zensera™ is protected by copyright. Except as necessary to use the Website in accordance with these GTC, without our express written permission, you shall not reproduce, replicate, copy or otherwise exploit the Website or zensera™’s Content for your own commercial or other purposes. You may also not (directly or indirectly); (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the service (including without limitation any application), except to the limited extent applicable laws specifically prohibit such restriction; or (ii) modify, translate, or otherwise create derivative works of any part of the service.zensera™, or any third parties from whom zensera™ derives its rights, has and shall retain all proprietary rights, copyrights, design rights and similar rights (hereinafter the “Intellectual Property Rights”) to the service and any changes thereto including HTML and other front-end code, source code, content text, images, designs, trademarks and other items that you may access by using the service. zensera™’s Intellectual Property Rights also include content in any physical media and material relating to the service that has been delivered to you.
We may end the agreement formed by these GTC with you immediately and any time by giving you notice. It is not essential to provide reasons for the termination. Where these GTC have been terminated you must immediately cease using the Website (and if any, the zensera™ App).
zensera™ disclaims responsibility for product liability and can only be held responsible for product liability damages to the extent that such product liability under applicable product liability legislation cannot be excluded by way of contract. zensera™ is not liable to you for indirect losses or consequential damages arising from the use of the service, including operating loss, loss of profit, loss and/or recovery of data, loss of goodwill and other forms of consequential damages.
- Applicable law and Miscellaneous Provisions
This agreement and the entire contractual relationship between zensera™ and the Battler are subject to the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG), even if the Users has his personal or company domicile abroad. In relation to consumers, this choice of law shall only apply insofar as the consumer is not deprived of such protection which is provided by mandatory statutory provisions, i.e. which cannot be waived by private agreement, of the country in which the consumer has his habitual residence. The courts at the domicile of zensera™ shall have exclusive jurisdiction – to the extent permissible – to determine any disputes between the Parties arising under this GTC. We may in our absolute discretion amend these GTC at any time, which shall become effective by giving you notice.
Last updated: July 2020