Terms of Service
Last updated: 27 Dec 2021 12:56
Please read this Terms of Service (“Terms,” “Terms of Service”) carefully before using the https://somethingcool.pro Website (the “Website”) operated by Paul King and Merle Diekmann (“us,” “we,” “our”) as this Terms of Service contains important information regarding limitations of our liability. Your access to and use of this Website is conditional upon your acceptance of and compliance with these Terms. These Terms apply to everyone, including but not limited to visitors, users and others, who wish to access and use the Website.
By accessing or using the Website, you agree to be bound by these Terms. If you disagree with any part of the Terms, then you do not have our permission to access or use the Website.
Our Offers and Pricing
We offer services and digital products on this Website. The price of these services and digital products is customized based on your needs, which means that we will provide you with a quote after we determine your needs. This price includes all applicable taxes and other fees.
We offer cancellations on purchases made of the services and digital products offered on our Website. We offer cancellations only prior to performance of the service. You may cancel your order by contacting us. You will not be charged a cancellation fee if you cancel your purchase. We will not be able to issue you a refund of the purchase price that you paid if you cancel your purchase.
We reserve the right to cancel your purchase prior to performance of the service. We will let you know immediately if we plan on cancelling your purchase. We will issue a partial refund of the purchase price that you paid if we cancel your purchase.
We offer refunds on purchases made of the services and digital products offered on our Website. To qualify for a refund, you must submit your request to us within 1 months of your purchase date by contacting us.
We offer refunds on any purchases of the services and digital products offered on our Website for the following reason(s) only: the good, digital product or service failed to meet the warranties, if any and the wrong product or service was provided. Please note that we do not offer refunds for any other reasons other than those listed above.
We may ask you to provide an advance payment on any purchase made of the services and digital products offered on our Website. An advance payment is a partial payment of the total purchase price that will help pay for our actual expenses while providing the services and digital products.
We will issue you a refund of the advance payment that you made if we cancel.
We will issue you a refund of the advance payment that you made if you cancel.
We may ask you to provide a deposit for purchases made of the services and digital products offered on our Website. A deposit is a payment made to reserve the services and digital products.
We will issue you a refund of the deposit that you made if we cancel your purchase.
We will issue you a refund of the deposit that you made if you cancel your purchase.
WARRANTY ON PURCHASES
WE OFFER THE FOLLOWING WARRANTIES ON PURCHASES OF SERVICES:
- SERVICES WILL BE PERFORMED WITH REASONABLE CARE AND SKILL;
- SERVICES ARE FIT FOR ANY SPECIFIED PURPOSE AND DESIRED RESULT;
- SERVICES WILL BE PERFORMED WITHIN A REASONABLE TIME.
WE OFFER THE FOLLOWING WARRANTIES ON PURCHASES OF DIGITAL PRODUCTS:
- DIGITAL PRODUCTS WILL BE OF SATISFACTORY QUALITY;
- DIGITAL PRODUCTS WILL BE FIT FOR A PARTICULAR PURPOSE;
- DIGITAL PRODUCTS WILL MATCH THE DESCRIPTION;
- DIGITAL PRODUCTS WILL MATCH A SAMPLE;
- DIGITAL PRODUCTS WILL MATCH THE MODEL;
- WE HAVE THE RIGHT TO SUPPLY THE DIGITAL PRODUCTS;
- ANY EXPRESS WARRANTIES WILL BE HONORED;
- WE HAVE CLEAR TITLE TO THE DIGITAL PRODUCTS;
- DIGITAL PRODUCTS DO NOT HAVE ANY UNDISCLOSED SECURITIES;
- YOU WILL HAVE THE RIGHT TO UNDISTURBED POSSESSION OF THE DIGITAL PRODUCTS.
THIS WARRANTY SHALL APPLY FOR 30 DAYS FROM THE DATE OF THE PURCHASE.
EXCEPT AS STATED ABOVE AND TO THE EXTENT PERMITTED BY LAW, THE ITEMS OR SERVICES SOLD ON THIS WEBSITE ARE PROVIDED “AS IS,” EXCEPT AS STATED ABOVE, NO EXPRESS WARRANTY SHALL APPLY TO ANY ITEMS OR SERVICES DISPLAYED OR SOLD ON THIS WEBSITE. NOTE THAT YOU MAY HAVE ADDITIONAL STATUTORY RIGHTS PROVIDED TO YOU UNDER CONSUMER PROTECTION LAWS. THESE RIGHTS ARE NOT AFFECTED BY THESE TERMS.
You agree that the remedies for breach of this Terms of Service as it relates to your purchase shall be:
- price reduction.
You also agree that the remedy for breach of this Terms of Service as it relates to your purchase shall be to pursue dispute resolution as provided in the “governing law, severability, dispute resolution, venue and class action waiver” section below. To the extent permitted by law, these remedies intended to be your sole and exclusive remedies for any breach of this Terms of Service as it relates to your purchase.
This Website features products or services that are offered via a subscription model. A subscription model requires regular payments to receive a product or service. The initial term of the subscription is 1 year.
YOU MAY REVOKE YOUR SUBSCRIPTION BY CONTACTING US WITHIN 30 DAYS OF MAKING YOUR PURCHASE. IF YOU REVOKE YOUR SUBSCRIPTION, IT WILL NOT AUTOMATICALLY RENEW AND YOU WILL NOT BE CHARGED FOR THE RENEWALS. PLEASE NOTE THAT YOU WILL NO LONGER RECEIVE THE ITEMS OR SERVICES PROVIDED BY THE SUBSCRIPTION ONCE YOU REVOKE.
YOU MUST MAKE A MINIMUM PURCHASE TO QUALIFY FOR THE SUBSCRIPTION. THE MINIMUM PURCHASE REQUIRED IS AS FOLLOWS: 1 LICENSE.
You agree that you will use this Website in accordance with all applicable laws, rules, regulations and these Terms at all times. The following is a non-exhaustive list of prohibited uses of this Website. You agree that you will not perform any of the following prohibited uses:
- Impersonating or attempting to impersonate Something Cool Web Services or its employees, representatives, subsidiaries or divisions;
- Misrepresenting your identity or affiliation with any person or entity;
- Sending or attempting to send any advertising or promotional material, including but not limited to spam, junk mail, chain mail or any similar material;
- Engaging in any conduct that restricts or inhibits any person’s use or enjoyment of the Website, or which, as determined in our sole discretion, may harm us or the users of this Website or expose us or other users to liability;
- Using the Website in any manner that could disable, overburden, damage or impair the Website or interfere with another party’s use of the Website;
- Using any robot, spider or other similar automatic technology, process or means to access or use the Website for any purpose, including monitoring or copying any of the material on this Website;
- Using any manual process or means to monitor or copy any of the material on this Website or for any other unauthorized purpose;
- Using any device, software, means or routine that interferes with the proper working of the Website, including but not limited to viruses, trojan horses, worms, logic bombs or other such materials;
- Attempting to gain unauthorized access to, interfering with, damaging or disrupting any parts of the Website, the server(s) on which the Website is stored, or any server, computer or database connected to the Website;
- Attempting to attack or attacking the Website via a denial-of-service attack or a distributed denial-of-service attack;
- Otherwise attempting to interfere with the proper working of the Website;
- Using the Website in any way that violates any applicable province, territory, state or country laws, rules or regulations.
TO THE EXTENT PERMITTED BY LAW, THIS WEBSITE IS PROVIDED “AS IS,” NO EXPRESS WARRANTY SHALL APPLY TO THIS WEBSITE. NOTE THAT YOU MAY HAVE ADDITIONAL STATUTORY RIGHTS PROVIDED TO YOU UNDER CONSUMER PROTECTION LAWS. THESE RIGHTS ARE NOT AFFECTED BY THESE TERMS.
Availability, Errors and Inaccuracies
To the extent permitted by law, we assume no liability for the availability, errors or inaccuracies of the information, products or services provided on this Website. We may experience delays in updating information on this Website and in our advertising on other websites.
The information, products and services found on the Website may contain errors or inaccuracies or may not be complete or current. Products or services may be incorrectly priced or unavailable.
We expressly reserve the right to correct any pricing errors on our Website. If you determine that there is an error on this Website, or any invoices or purchase orders sent to you by us, please inform us immediately using the contact information below.
The inclusion or offering of any product or service on this Website does not constitute an endorsement or recommendation of such product or service by us.
DAMAGES AND LIMITATION OF LIABILITY
IN NO EVENT SHALL PAUL KING BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF, RELATING TO OR IN ANY WAY CONNECTED WITH YOUR ACCESS TO, DISPLAY OF OR USE OF THIS WEBSITE OR WITH THE DELAY OR INABILITY TO ACCESS, DISPLAY OR USE THIS WEBSITE, INCLUDING BUT NOT LIMITED TO YOUR RELIANCE UPON OPINIONS OR INFORMATION APPEARING ON THIS WEBSITE; ANY COMPUTER VIRUSES, INFORMATION, SOFTWARE, LINKED WEBSITES OPERATED BY THIRD PARTIES, PRODUCTS OR SERVICES OBTAINED THROUGH THIS WEBSITE, WHETHER BASED ON A THEORY OF CONTRACT, TORT, STRICT LIABILITY, CONSUMER PROTECTION STATUTES OR OTHERWISE, EVEN IF PAUL KING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTE THAT YOU MAY HAVE ADDITIONAL STATUTORY RIGHTS PROVIDED TO YOU UNDER CONSUMER PROTECTION LAWS. THESE RIGHTS ARE NOT AFFECTED BY THESE TERMS.
Links to Third Party Websites
This Website may contain hyperlinks to websites operated by third parties and not by us. We provide such hyperlinks for your reference only. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. Further, it is your responsibility to take precautions to ensure that whatever links you click on or software that you download, whether from this Website or other websites or applications, is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.
Intellectual Property and DMCA Notice and Procedure for Intellectual Property Infringement Claims
All contents of this Website are ©2022 Paul King and Merle Diekmann. All rights reserved. Unless specified otherwise, this Website and all content and other materials on this Website including but not limited to all logos, designs, text, graphics, pictures, information, data, software, sound files and arrangement thereof (collectively, “Content”) are the proprietary property of Paul King and Merle Diekmann and are either registered trademarks, trademarks or otherwise protected intellectual property of Paul King or Merle Diekmann in Germany and/or other countries.
If you are aware of a potential infringement of our intellectual property, please contact Paul King at firstname.lastname@example.org.
We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Website infringes on the copyright, trademark or other intellectual property rights of any person or entity.
If you believe in good faith that the Content infringes on your intellectual property rights, you or your agent may send us a written notice of such infringement titled “Infringement of Intellectual Property Rights – DMCA.” Your notice to us must include the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the intellectual property right’s interest;
- A description of the work that you claim has been infringed, including the URL (i.e., web page address) of the location where the work exists or a copy of the work;
- Your name, email, address and telephone number; and
- A statement by you that you have a good faith belief that the disputed use is not authorized by the owner of the work, its agent or the law.
Please note that we will not process your complaint if it is not properly filled out or is incomplete. You may be held accountable for damages, including but not limited to costs and attorneys’ fees for any misrepresentation or bad faith claims regarding the infringement of your intellectual property rights by the Content on this Website.
You may submit your claim to us by contacting us at:
+49 176 362 71052
Governing Law, Severability, Dispute Resolution and Venue
These Terms shall be governed and construed in accordance with the laws of Germany, without regard to its conflict of laws provisions. THESE TERMS SHALL NOT BE GOVERNED BY THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE SALE OF INTERNATIONAL GOODS, THE UNIFORM COMMERCIAL CODE, NOR INCOTERMS.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of that right or provision. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.
Any controversy or claim arising out of or relating to these Terms including but not limited to the interpretation or breach thereof shall be resolved in a court of competent jurisdiction in Germany.
Changes to Terms of Service
We reserve the right to make changes to these Terms of Service at any time. We will notify you immediately of making any changes to these Terms of Service by posting the updated terms of service to this website.
If you have any questions about our Terms of Service, please contact us at email@example.com.