Effective Date: May 18, 2021
This Terms and Conditions (“Terms”) is a binding agreement between you (“you” or “your”) and Cructiq AG (“Provider”, “we”, “us”, or “our”). Provider offers a streaming platform Vimovigo which provides users access to various digital content, including Music, Audiobook, Sports, eBooks, Software and Movies (the “Content”). These Terms governs your use of Provider’s website located at https://us.vimovigo.com/welcome/ (the “Site”), the Vimovigo Streaming Application, (including all related documentation, the “Licensed Application”). The Content, the Site, and the Licensed Application, including the products and services accessible thereon, and certain features, functionality, and content accessible thereon are collectively referred to in these Terms as the “Platform”.
CAREFULLY READ THESE TERMS BEFORE USING THE PLATFORM. BY USING THE PLATFORM, YOU (I) ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND ACCEPT THESE TERMS; (II) REPRESENT THAT YOU ARE 13 YEARS OF AGE OR OLDER; AND (III) ACCEPT THESE TERMS AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS. IF YOU ARE BETWEEN 13 AND 18 YEARS OF AGE, YOU MUST HAVE YOUR PARENT’S OR LEGAL GUARDIAN’S PERMISSION TO USE THE PLATFORM. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE THE PLATFORM.
THESE TERMS AFFECT YOUR LEGAL RIGHTS, BY, AMONG OTHER THINGS, LIMITING OUR LIABILITY AND REQUIRING MANDATORY ARBITRATION DISPUTES AS DESCRIBED IN SECTION 16.
1. Platform. You agree that the Platform contains and transmits video programming and digital content. Your access to and use of such Platform are governed by the Site’s Privacy Policy located at Privacy Policy, which is incorporated herein by this reference. Your access to and use of such Platform may require you to acknowledge your acceptance of such Privacy Policy and/or to register with the Site, and your failure to do so may restrict you from accessing or using certain features and functionality of the Platform. You may not alter, transmit, or disassemble the Platform in any manner in whole or in part, including without limitation, any taking or transmitting screen captures from the Content. Any attempt to do so is a violation of the rights of Provider and these Terms. You may be subject to prosecution and damages.
2. Ownership. The Platform and all copyrights, patents, trademarks, service marks, trade names, and all other intellectual property rights (“Intellectual Property”) therein, are owned or controlled by Provider, our licensors, and certain other third parties. All right, title, and interest in and to the Content and the Intellectual Property available via the Platform is the property of Provider, our licensor, or certain other third parties, and is protected by U.S. and international copyright, trademark, trade dress, patent, and/or Intellectual Property and unfair competition rights and laws to the fullest extent possible. Provider owns the copyright in the selection, compilation, assembly, arrangement and enhancement of the Content on the Platform. You may not sell, offer for sale, copy, modify, alter, create derivative works from, upload, reproduce, display, publicly perform, import, distribute, retransmit or otherwise use the Content, in whole or any part thereof, in any way, unless expressly permitted to do so by Provider. You are also prohibited from publishing broadcasting, framing, excerpting any of the Content. You are also prohibited from in any way commercially exploiting any of the Content.
3. License Grant. Subject to the Terms, Provider grants you a limited, non-exclusive, revocable, and nontransferable license to:
a) download, install, and use the Platform for your personal, non-commercial use on a computer, mobile cellular device or other internet enabled or permitted device owned or otherwise controlled by you (“Device”) strictly in accordance with the Platform’s documentation;
b) access, stream, and use on such Device the Content made available in or otherwise accessible through the Platform, strictly in accordance with these Terms and the terms of use applicable to such Content as set forth in Section 1;
c) depending on the Content or the Third-Party Software (as defined below), Provider may give you the option to temporarily download such Content and/or Third-Party Software on your Device (“Temporary Download”). The Temporary Download may be subject to certain limitations which will be communicated to you at the time of download; and
d) use the Content provided through the Platform only in the manner presented and provided by Provider.
4. License Restrictions. You agree to use the Platform only in compliance with the terms of these Terms and any applicable federal, state, and local law, statutes, regulations (“Applicable Law”). You shall not:
a) copy, modify, alter, or transfer the Platform, except as expressly permitted by this license;
b) modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Platform;
c) reverse engineer, disassemble, decompile, decode, creative derivative works of, or otherwise attempt to derive or gain access to the source code of the Platform or any part thereof;
d) remove, delete, alter, or obscure any Intellectual Property notices from the Platform, including any copy thereof;
e) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Platform, or any features or functionality of the Platform, to any third party for any reason, including by making the Platform available on a network where it is capable of being accessed by more than one Device at any time;
f) remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Platform; or
g) use the Platform in, or in association with, the design, construction, maintenance, or operation of any hazardous environments or systems, including any power generation systems; aircraft navigation or communication systems, air traffic control systems, or any other transport management systems; safety-critical applications, including medical or life-support systems, vehicle operation applications or any police, fire, or other safety response systems; and military or aerospace applications, weapons systems, or environments.
5. Reservation of Rights. You acknowledge and agree that the Platform is provided under license, and not sold, to you. You do not acquire any ownership interest in the Platform under these Terms, or any other rights thereto other than to use the Platform in accordance with the license granted, and subject to all terms, conditions, and restrictions, under these Terms. Provider and its licensors and service providers reserve and shall retain their entire right, title, and interest in and to the Platform, including all Intellectual Property rights therein or relating thereto, except as expressly granted to you in these Terms.
Provider acknowledges the following:
- you retain ownership of the Device upon which the Platform is installed;
- any applications and data obtained and installed by you on your Device are your property, except to the extent the data is used by, or included with the Platform;
- the telephone number for the Device, if any, is your property.
6. Collection and Use of your Information. You acknowledge that when you download, install, or use the Platform, Provider may use automatic means (including, for example, web beacons) to collect information about your Device, and about your use of the Platform. You also may be required to provide certain information about yourself as a condition to downloading, installing, or using the Platform or certain features or functionality. All information we collect through or in connection with this Platform is subject to our Privacy Policy https://us.vimovigo.com/support/privacy. By downloading, installing, using, and providing information to or through this Platform, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
7. Intellectual Property. The Platform contains or displays the Content, proprietary information and materials that are protected by applicable Intellectual Property and other laws, including, but not limited to, United States copyright and law and international treaty provisions. You acknowledge that no title to the Intellectual Property the Platform, or Content shall be transferred to you as a result of your acceptance of these Terms. You further acknowledge that title and full ownership rights to the Platform and Content will remain the exclusive property of Provider or its licensors, and you shall not acquire any rights to the Platform or the Content except as expressly set forth in these Terms. You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trademark notices) which may be affixed to or contained within the Platform or displayed in any Content.
8. Creating an Account.
a) Accounts. In order to access or use some of the features of the Content, you must first register through our online registration process through the Platform by entering your name, email address, selecting a valid username and password (collectively, the “Registration Information”). If you are a minor in your state, then you are not permitted to register as a user or otherwise access or use the Content or submit personal information to us.
b) Restrictions and Limitations. We will have no liability associated with, or arising your failure to maintain accurate, current, and complete Registration Information, including liability arising out of your failure to receive critical information about the Platform, or your account. We will not be responsible for verifying your Registration Information. Your Registration Information may not violate the rights of any person. We reserve the right, at our discretion, to refuse registration of your account; cancel or deactivate your account, including due to inactivity; and delete all related information and files in, or relating to, your account.
c) Confidentiality and Security. You are solely responsible and liable for the confidentiality and security of your account. You must immediately notify us at [email protected] of any unauthorized use of your account, password, or username or any other breach of security.
9. Subscription.
a) Ongoing Subscription. For a recurring fee of $34.95 per month (“Subscription Fee”), we offer the Platform on a subscription basis (“Your Subscription”). To the extent permitted by Applicable Law, Your Subscription will automatically renew for the Subscription Period (as defined below) unless and until you cancel Your Subscription or your account is otherwise suspended or terminated pursuant to Section 13 of these Terms. Provider reserves the right to change the terms of Your Subscription, including the Subscription Fee, from time to time, effective as of the beginning of your next Subscription Period following the date of the change. We will give you advance notice of these changes.
b) Payment Method. You will be required to provide a credit card or other payment method accepted by us (“Payment Method”). Your “Subscription Period” is the interval of time between each recurring billing date and corresponds to the term of your Subscription. At the beginning of each Subscription Period, we will charge your Payment Method a periodic Subscription Fee on a recurring basis corresponding to the term of Your Subscription and any applicable taxes. You are solely responsible for any and all fees charged to your Payment Method. ALL PURCHASES, INCLUDING RECURRING CHARGES, ARE FINAL AND NON-REFUNDABLE.
c) Cancellation. You may cancel Your Subscription by logging into your account settings. You must cancel your Subscription prior to 11:59 pm UCT on the day before the end of the Subscription Period in order to avoid being charged. If you cancel Your Subscription, you will continue to have access to the Service through the end of your current Subscription Period.
d) Promotional Offers; Free Trials. We may offer special promotional offers to the Platform (“Promotional Offer”). The specific terms of the Promotional Offer will be disclosed during the sign up of the Your Subscription. Promotional Offers are determined by Provider at its sole discretion. UPON THE EXPIRATION OF THE PROMOTIONAL OFFER, WE WILL CHARGE YOUR PAYMENT METHOD THE NON-PROMOTIONAL FEE FOR THE PLATFORM UNLESS YOU CANCEL YOUR SUBSCRIPTION PRIOR TO THE LAST DAY OF THE PROMOTIONAL OFFER.
We may offer free trial to the Platform for a limited time (“Trial Subscription”). The duration of the Trial Subscription will be specified at sign-up in the applicable offer. You must provide a valid Payment Method at the time of signing up for the Trial Subscription in order to use the Platform. Your Payment Method will not be charged during the Trial Subscription. UPON THE EXPIRATION OF THE TRIAL SUBSCRIPTION, WE WILL CHARGE YOUR PAYMENT METHOD THE FEE FOR THE PLATFORM UNLESS YOU CANCEL THE TRIAL SUBSCRIPTION BEFORE THE LAST DAY OF YOUR TRIAL SUBSCRIPTION.
10. Geographic Restrictions. You acknowledge that you may not be able to access all or some of the Platform and Content outside of the United States and that access thereto may not be legal by certain persons or in certain countries. If you access the Content from outside the United States, you are responsible for compliance with local and federal laws.
11. Updates. Provider may from time to time in its sole discretion develop and provide Platform updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that Provider has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your Device settings, when your Device is connected to the Internet either:
a) the Platform will automatically download and install all available Updates; or
b) you may receive notice of or be prompted to download and install available Updates.
You shall promptly download and install all Updates and acknowledge and agree that the Platform or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the Platform and be subject to all terms and conditions of these Terms.
12. Third-Party Services. The Platform may display, include, or make available third-party content, separate Provider applications or provide links to third-party websites or services, including through third-party advertising (“Third-Party Services”). For instance, portions of the Platform may be integrated with, or linked to, third-party sites, platforms, applications, or other service or materials that we do not control. Similarly, we may make advertisement and third-party content or services, which we also may not control, available to you on or via our Platform. You acknowledge and agree that Provider is not responsible for Third-Party Services. Provider does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Services. The inclusion of any link to Third-Party Services is not (i) an endorsement by Provider of the website or application, (ii) an acknowledgement of any affiliation with its operators or owners; or (iii) a warranty of any type regarding the information or offer on the site. Third-Party Services are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions.
13. Disclaimer of Warranties. YOU ACKNOWLEDGE THAT THE PLATFORM IS PROVIDED “AS IS”, “AS AVAILABLE”, AND “WITH ALL FAULTS” AND WITHOUT WARRANTIES. PROVIDER MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OF TITLE OR NON-INFRINGEMENT AS TO THE PLATFORM PROVIDED TO YOU. UNLESS OTHERWISE RESTRICTED OR PROHIBITED BY APPLICABLE LAW, PROVIDER DOES NOT WARRANT THAT PLATFORM WILL BE ACCURATE, COMPLETE, ERROR-FREE, WITHOUT INTERRUPTION, FREE FROM VIRUSES OR OTHER MALICIOUS AGENTS EVEN IF ANTI-VIRUS MECHANISM ARE DEPLOYED. PROVIDER DOES NOT WARRANT THAT ANY COMMUNICATION WILL BE TRANSMITTED UNCORRUPTED OR AT ANY UPSTREAM OR DOWNSTREAM SPEED. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO THOSE PROVISIONS MAY NOT APPLY TO YOU. THIS SECTION WILL CONTINUE IN EFFECT AFTER THESE TERMS TERMINATES.
14. Indemnification. As permitted by applicable law, you will indemnify, defend, and hold harmless us, our affiliates, and our affiliates’ owners, parent, partners, shareholders, members, subsidiaries, managers, directors, officers, employees, contractors, agents, licensors, providers, suppliers, agents, representatives, and attorneys from and against any and all claims, liabilities, damages, losses, costs, and expenses, including court costs and reasonable attorneys’ fees, resulting from, relating or attributable to, or arising out of, (i) your breach of, or failure to comply with, any of these Terms; (ii) any fraud, manipulation, deception, or misrepresentations by you; (iii) your access to, or use of, the Platform; (iv) all use of, and activities that occur under your account (whether conducted by you or another) and any actions that take place through your access to the Platform; (v) any violation of any law or regulation by you, and (vi) any dispute between you and another user of the Platform. Neither we nor our affiliates or licensors have any duty to reimburse, defend, indemnify, or hold you harmless, including with respect to any claim, liability, damage, loss, cost, or expense resulting from, relating or attributable to, or arising out of, these Terms or the Platform, or your use of, access to, the Platform. This Section is not intended to limit any causes of action against us that you may have but are not waivable under Applicable Law.
15. Limitation of Liability. PROVIDER’S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO ANY DISPUTE WITH US (INCLUDING WITHOUT LIMITATION YOUR USE OF THE PLATFORM OR RECEIPT OF ANY COMMUNICATIONS) IS TO DISCONTINUE YOUR USE OF THE PLATFORM. PROVIDER AND ITS VENDORS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGE ARISING FROM YOUR USE OF THE PLATFORM, RECEIPT OF ANY COMMUNICATION, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE PLATFORM. THESE EXCLUSIONS FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES INCLUDE, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES IN SUCH STATES OR JURISDICTIONS, OUR AND OUR VENDORS’ LIABILITY IN SUCH STATE OR JURISDICTION SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. WE DO NOT ENDORSE, WARRANT, OR GUARANTEE ANY PRODUCT OR SERVICE OFFERED THROUGH A WEBSITE OR AS PART OF THIS PLATFORM AND 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. IN ANY EVENT, IF ANY OF THE ABOVE PROVISIONS IN THIS SECTION ARE NOT ENFORCEABLE IN ANY APPLICABLE JURISDICTION, PROVIDER’S MAXIMUM LIABILITY WILL BE LIMITED TO ANY AMOUNT PAID TO PROVIDER BY YOU IN CONNECTION WITH THE PLATFORM THAT UNDERLIE THE CLAIM(S).
WE EACH AGREE THAT ANY CLAIMS MUST BE BROUGHT WITHIN TWO (2) YEARS OF THEIR ACCRUAL NOTWITHSTANDING ANY OTHERWISE APPLICABLE STATUTE LIMITATIONS.
IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION TO BE UNENFORCEABLE, THEN PROVIDER AND PROVIDER’S LICENSORS’ LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
16. DISPUTE RESOLUTION MANDATORY BINDING ARBITRATION; CLASS ACTION WAIVER.
a) MANDATORY BINDING ARBITRATION. IF A DISPUTE ARISES BETWEEN YOU AND PROVIDER, YOU AND PROVIDER AGREE, AS PERMITTED BY APPLICABLE LAW, TO RESOLVE ANY CLAIM OR CONTROVERSY AT LAW OR EQUITY ARISING OUT OF, RELATING TO, OR CONNECTED IN ANY WAY WITH THE SITE, THE PLATFORM, THE CONTENT, THESE TERMS, OR ADDITIONAL TERMS (“DISPUTES”) THROUGH BINDING ARBITRATION OR AS WE AND YOU MAY OTHERWISE AGREE IN WRITING. BEFORE RESORTING TO THIS ALTERNATIVE, WE STRONGLY ENCOURAGE YOU TO FIRST CONTACT US DIRECTLY AT [email protected] TO SEEK A RESOLUTION. IF WE CANNOT RESOLVE A DISPUTE WITHIN SIXTY (60) DAYS OF RECEIPT OF THE NOTICE, THEN, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, DISPUTES SHALL BE RESOLVED SOLELY BY BINDING ARBITRATION IN ACCORDANCE WITH THE THEN-CURRENT COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) IN NEW YORK, CONDUCTED BEFORE A SINGLE ARBITRATOR PURSUANT TO ITS RULES (INCLUDING, BUT NOT LIMITED TO THE AAA’S CONSUMER-ARBITRATION RULES, AVAILABLE AT THE ADR CONSUMER SITE), EXCEPT THAT WE MAY SEEK INJUNCTIVE OR OTHER APPROPRIATE RELIEF IN ANY STATE OR FEDERAL COURT. YOU CAN ALSO OBTAIN AAA PROCEDURES, RULES, AND FEE INFORMATION BY CALLING 800.778.7879.
b) To begin an arbitration proceeding, you must submit the Dispute by utilizing the forms available at ADR CONSUMER SITE and simultaneously sending a copy of the completed form to the following address: [email protected].
c) WITH ARBITRATION (i) THERE IS NO JUDGE OR JURY, (ii) THE ARBITRATION PROCEEDINGS AND ARBITRATION OUTCOME ARE SUBJECT TO CERTAIN CONFIDENTIALITY RULES, AND (iii) JUDICIAL REVIEW OF THE ARBITRATION OUTCOME IS LIMITED. You hereby consent to, and waive, all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the state and federal courts of New York. Any Dispute shall otherwise be governed by the internal laws of the State of New York without regard to New York choice of law principles, except that the provisions of this agreement concerning arbitration shall be governed by the Federal Arbitration Act. The arbitrability of Disputes shall be determined by the arbitrator. The arbitrator’s award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.
d) Certain portions of this Section are deemed to be a “written agreement to arbitrate” pursuant to the Federal Arbitration Act. You and Provider agree that we intend that this Section satisfies the “writing” requirement of the Federal Arbitration Act. This Section can only be amended by mutual agreement.
e) In the event the AAA is unavailable or unwilling to hear the Dispute, you and Provider shall agree to, or a court shall select, another arbitration provider.
f) TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IF YOU OR WE WANT TO ASSERT A DISPUTE AGAINST THE OTHER, THEN YOU OR WE MUST COMMENCE IT (BY DELIVERY OF WRITTEN NOTICE WITHIN ONE (1) YEAR AFTER THE DISPUTE ARISES – OR IT WILL BE FOREVER BARRED.
g) As permitted by applicable law, Disputes will be arbitrated only on an individual basis and will not be consolidated with any other arbitration or other proceedings that involve any claim or controversy of any other party, including as a plaintiff or class member in any purported class, representative proceeding or as an association. The arbitrator may award relief (including injunctive relief) only on an individual basis. But if, for any reason, any court with competent jurisdiction or AAA Arbitrator holds that this restriction is unconscionable or unenforceable, then our agreement to arbitrate will not apply and the Dispute must be brought exclusively in court as follows: except to the extent that arbitration is required, and except as to the enforcement of any arbitration decision or award, any action or proceeding relating to any Dispute may only be instituted in state or federal court in New York County, New York. Accordingly, you and Provider consent to the exclusive personal jurisdiction and venue of such courts for such matters. You and Provider agree to waive any right to a trial by jury.
h) Survival. This dispute resolution provision survives the termination of these Terms and/or Your Subscription with Provider. If you bring a claim against Provider after termination of these Terms and/or Your Subscription with Provider that is based in whole or in part on events or omissions that occurred while you were a Provider customer, this dispute resolution provision shall apply.
17. Copyright Infringement. Provider handles copyright infringement in accordance with the Digital Millennium Copyright Act (“DMCA”). You may not post, upload, or otherwise place any content or information on the Site that belongs to a third party, unless you have the legal right to do so. If you are a copyright owner who would like to send us a notice pursuant to the DMCA to identify content or material posted on the Platform, you may notify our copyright agent at [email protected]. Please include the following:
a) The electronic or physical signature of the owner of the copyright or the person authorized to act on the owner’s behalf.
b) A description of the copyrighted work that you claim has been infringed and a description of the infringing activity.
c) Identification of the location where the original or an authorized copy of the copyrighted work exists (for example, the URL of the website where it is posted or the name of the book in which it has been published).
d) Identification of the URL or other specific location on the Services where the material you claim is infringing is located, providing enough information to allow us to locate the material.
e) Your name, address, telephone number, and email address so that we may contact you.
f) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
g) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf. Please be aware that if you knowingly materially misrepresent that material or activity on the Site is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees).
It is the policy of Provider to disable the account of users who repeatedly post infringing material on the Platform.
18. Export Regulation. Your use of the Platform may be subject to US export control laws, including the Export Control Reform Act and its associated regulations. You shall not, directly or indirectly, export, re-export, or release the Platform to, or make the Platform accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule, or regulation. You shall comply with all Applicable Law and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing, or otherwise making the Platform available outside the US.
19. Use of Third-Party Software. The Platform may contain software or materials that are made available to you to download (the “Third-Party Software”). Any download of such Third-Party Software is governed by the terms of the third-party software between you and the third-party software provider. Provider makes no claims, representations or warranties that the Third-Party Software will operate properly, securely, effectively or efficiently.
20. Severability. If any provision of these Terms is invalid, illegal or unenforceable under Applicable Law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of these Terms will continue in full force and effect.
21. Security. You are responsible for all use of the Platform made by you or anyone else using your username and password and for preventing unauthorized use of your username and password. If you believe there has been any breach of security such as the disclosure, theft or unauthorized use of your username and password, you must notify Provider immediately. We recommend that you do not select an obvious username and password and that you change it regularly.
22. Governing Law. These Terms, and your relationship with Provider under these Terms, shall be governed by the laws of the State of New York without regard to its conflicts of laws provision. You and Provider agree that all court proceedings and arbitrations shall be in New York County, New York, with respect to any legal matter arising from the Site or the Platform. Notwithstanding this, you agree that Provider shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
23. Amendments. Provider reserves the right at its sole discretion to update, revise, supplement, and otherwise change the terms and conditions of these Terms, and impose new or additional rules, requirements and restrictions, policies, terms, or conditions (collectively, “Additional Terms”) on your use of the Platform, at any time and from time to time. Such Additional Terms will be effective immediately and are hereby incorporated into these Terms by this reference.
24. Entire Agreement. These Terms and our Privacy Policy constitute the entire agreement between you and Provider with respect to the Platform and supersede all prior or contemporaneous understandings and agreements, whether written or oral.
25. Suspension and Termination. Provider may, in its sole discretion, suspend or terminate Your Subscription and access to the Platform, for any reason, including if You violate any of the terms and conditions of these Terms. Provider may terminate these Terms at any time if it ceases to support the Platform, which Provider may do so in it sole discretion. Upon suspension or termination of your access to the Platform, or upon notice from us: (i) all rights granted to you under these Terms will cease immediately; and (ii) you agree that you will immediately discontinue use of the Platform. Termination will not limit any of Provider’s rights or remedies at law or in equity. Sections 14 and 15 shall survive the termination of these Terms and shall remain in effect.
26. Notice. You agree that we may give you notices or otherwise respond to you by email or mail (if we have it on file) or in any other manner reasonably elected by us. All legal notices to us must be sent to: [email protected].
27. Waiver. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between these Terms and any applicable purchase or other terms, the terms of these Terms shall govern.
Vimovigo is owned and operated by Cructiq AG
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