Terms of Artwork
These General Terms apply generally to the use of the Artwork Laptops in Space (the "Artwork" or “Laptops in Space”), created and provided by neesh GbR, Hein-Hoyer-Str. 18, 23059 Hamburg, Germany ("The Company"). These terms govern your access to and use of the Laptops in Space application and website (the "Artwork"), and any video, sound, text, graphics, or other materials sent, received, stored or otherwise appearing in the Artwork (collectively referred to as "Content"). Parts of the Artwork may display Content that is not Laptops in Space's (“User Content”). Such content is the sole responsibility of the person or entity that has made it available. When "Content" is used in this document, it refers to both content provided by Laptops in Space and User Content collectively, unless otherwise specified.
Where applicable, "The Company" shall also be understood as a reference to affiliates, suppliers, partners and other third parties Laptops in Space may engage or otherwise cooperate with in connection with the Artwork
We may change these Terms at any time. If a change is material, we’ll let you know before it takes effect provided that we have your correct email address. By using Laptops in Space on or after that effective date, you agree to the new Terms.
Laptops in Space is only for people 16 years old and over. By using Laptops in Space, you affirm that you are over 16. For use in educational settings, contact us.
How you can use the Artwork
Your use of Laptops in Space requires that you have hardware, software and an Internet connection fulfilling certain recommended requirements. If the recommended requirements are not met, you may still use the Artwork, but reduced quality or performance will not give you the right to claim any compensation from Laptops in Space.
You are responsible for your use of Laptops in Space, including the lawfulness of any content displayed, shared, uploaded or otherwise made available by you in the Artwork (“the User Content”).
Restrictions on Content and Use of the Artwork
We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect our rights, property or safety, our users and the public.
We reserve the right to report illegal activity to applicable local authorities.
Prohibited User Content includes, without limitation, content which:
- is offensive, such as User Content that engages in, endorses or promotes racism, bigotry, discrimination, hatred, harassment or physical harm of any kind against any group or individual;
- displays or links to pornographic, sexually explicit or any other indecent material;
- promotes or endorses false or misleading information or illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- promotes or endorses an illegal or unauthorised copy of another person's copyrighted work;
- infringes on other’s trademarks, copyright or legal rights;
- solicits passwords or personal data from other users; or
- violates the rights of or harms or threatens the safety of other users or the Artwork.
- shares Personal information about others, without their consent
Any use or reliance on any Content or materials posted via the Artwork or obtained by you through the Artwork is at your own risk. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse any opinions expressed via the Artwork. You understand that by using the Artwork, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, Content that have been mislabeled or is otherwise deceptive. Under no circumstances will we be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content generated or made available via the Artwork.
We give you a personal, limited, worldwide, royalty-free, non-assignable, non-sublicensable and non-exclusive license to use the software that is provided to you by us as part of the Artwork for your personal or business use. This license is for the sole purpose of enabling you to use the Artwork as provided by us, subject to these Terms.
You may not do any of the following while accessing or using the Services: (i) access, tamper with, or use non-public areas of the Artwork, our internal computer systems including technical delivery systems of our subcontractors used to provide the Artwork; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Artwork by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by us (and only pursuant to those terms and conditions), unless you have been specifically allowed to do so in a separate agreement with us; (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Artwork to send altered, deceptive or false source-identifying information; or (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Artwork or its users.
The Artwork may contain cryptographic functionality where the export of such could be restricted under applicable export control laws. You shall not export or re-export the Artwork or parts of it in violation of such laws or regulations.
Privacy and Personal Data
Laptops in Space will comply with German and EU privacy regulations.
Laptops in Space may need to send you information about the Artwork, such as important Artwork announcements and administrative messages, by posting a notice on the Website, or through any other relevant communication channels.
Intellectual Property Rights
All rights, title to and interest in the Artwork (excluding User Content) are and will remain the exclusive property of Laptops in Space. The Artwork and its content are protected by copyright and other intellectual property rights in the country you reside as well as foreign countries.
Except for the limited, personal, non-exclusive, non-transferable and revocable license granted to you for the sole purpose of your use of the Artwork in compliance with the Terms, you are not granted any ownership of or license to any intellectual property rights in our Artwork or in the content owned by us our partners that you access through the Artwork.
The trademarks, logos, domain names and any other similar signs or symbols which are displayed on the Website or as part of the Artwork are the registered and unregistered marks of Laptops in Space. Nothing in the Terms grants you the right to use any such marks.
You retain your rights to any Content you submit, post or display on or through the Artwork. By submitting User Content, you grant Laptops in Space, or must procure that your licensors grant Laptops in Space, a non-exclusive, royalty-free, perpetual, transferable, sub-licensable, irrevocable and worldwide license to use, reproduce, store, modify, distribute, publish and create derivative works of such User Content for any purpose, commercial or otherwise. You represent and warrant that you own any User Content submitted by you or that you otherwise are entitled to submit such User Content and to grant us such license.
Disclaimer of warranty. Laptops in Space provides the Artwork to you "as is". You acknowledge that the Artwork is not error-free. You use it at your own risk and discretion. That means the Artwork doesn’t come with any warranty. None express, none implied. The Artwork will be continually developed, and you acknowledge that changes to functionality and layout may carried out without advance notice. Laptops in Space makes no warranties, expressed or implied, with respect to the availability, merchantability, fitness for a particular purpose, non-infringement, accuracy, completeness, performance and quality of the Artwork. Laptops in Space will from time to time have to carry out updates and maintenance of the Artwork, due to technical, security or operational reasons, during which time the Artwork might be unavailable. Laptops in Space will make reasonable efforts to arrange updates and maintenance outside of peak usage hours.
Limitation of Liability. Laptops in Space shall not be liable for any damages, whether arising under law, contract, warranty, indemnification, tort or otherwise, including, without limitation, incidental and consequential damages, loss of profits or business opportunities, or damages resulting from loss of data or loss of access to the Artwork. In any event, Laptops in Space's total liability shall not exceed the amount paid by you for the Artwork during the last 12 months prior to the incident that causes the liability.
Indemnity. You agree to indemnify, defend and hold harmless Laptops in Space and its partners from all claims, liabilities and expenses (including reasonable attorney's fees) that arise from your misuse of the Artwork in breach of the Terms or applicable laws. Laptops in Space reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You shall cooperate in good faith with Laptops in Space in asserting any available defenses.
Partial invalidity. If any provision of the Terms is declared invalid or unenforceable by a court or other binding authority, the remaining terms (or parts), conditions and provisions shall continue to be valid and enforceable to the fullest extent permitted by law.
Force majeure. Force Majeure means any circumstances beyond the reasonable control of either party, including, without limitation, fire, explosion, strikes or other labor disputes, riots or other civil disturbances, voluntary or involuntary compliance with any law, order regulation, recommendation or request of any governmental authority, and errors or downtime in networks, power supply, gateway or similar failures of communication. Neither party will have any liability, other than for the payment of money owing, for their failure to perform any of their contractual obligations arising out of or in connection with events of force majeure.
Assignment. Laptops in Space is entitled, in whole or in part, to assign its rights and obligations under the Terms to a third party at its own discretion.
Choice of Law and Dispute Resolution. The Terms shall be governed by and interpreted in accordance with German law.