1 AGREEMENT TO TERMS
The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
The Site is intended for users who are at least 18 years old. Persons under 18 are not permitted to use or register for the Site.
2 INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated, the Site is our proprietary property. All source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned
Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content, and the Marks.
PINSL Platform (sometimes referred to as Platform) is the interface that provides services to create, sell, buy and collect supported NFTs.
PINSL Wallet (sometimes referred to as custody wallet) is a unique wallet managed by Tangany. EU customers of the Platform can decide to create a PINSL Wallet upon registration.
Self-Custody Wallet alludes to a wallet where the private keys are owned by the user. Users of the
Exhibition is the smart contract which mints and sustains the Fine Art NFTs created on the Platform. The smart contract is based on the Ethereum standard ERC721. The Exhibition contain of one or more NFTs.
Fine Art NFT (sometimes referred to as NFT or Token) is a cryptographic asset on the Ethereum blockchain with unique identification codes to represent the Artworks.
Artwork refers to the image in the metadata of each unique NFT.
Representative (sometimes referred to as gallery) is an entity which acts as the
Artist refers to an entity that creates and/or sells Fine Art NFTs on the PINSL Platform.
4 USER REPRESENTATIONS
By using the Site, you represent and warrant that:
(1) all registration information you submit will be true, accurate, current, and complete;
(2) you will maintain the accuracy of such information and promptly update such registration information as script or otherwise;
(3) you will not use the Site for any illegal or unauthorized purpose; and
(4) your use of the Site will not violate any applicable law or regulation.
Suppose you provide any information that is untrue, inaccurate, not current, or incomplete. In that case, we have the right to suspend or terminate your account and refuse any current or future use of the Site (or any portion thereof).
Your Pinsl account is subject to the following conditions:
· Access: you understand and agree that access to your Pinsl account is limited solely to you. You agree that you will not sell, rent, lease, or grant access to your Pinsl account to any person without our prior written permission.
· Security: you understand and agree that you are solely responsible for maintaining the security of your account and control over any user names, passwords, or other codes you use to access the Services. Any unauthorized access to your account by third parties could result in the loss or theft of NFTs and funds held in your account and any associated charges, including your linked bank account(s) and credit card(s). You understand and agree that you will not hold us responsible for managing and maintaining the security of your account. You further understand and agree that we are not responsible (and you will not hold us responsible) for unauthorized access to or use of your account. You are responsible for monitoring your account. Please notify us immediately if you notice any unauthorized or suspicious activity in your account.
· Communication: you agree and understand that we will communicate with you via electronic means. To ensure that you receive all of our communications, you agree to keep your email address and telephone number current and notify us if any changes occur. You agree that any
notices, agreements, disclosures, or other communications delivered to your email address on record are considered valid.
5 USER REGISTRATION
You may be required to register with the Site. You agree to keep your password confidential and will be responsible for all your account and password use. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
Depending on your user type and planned activities, you might undergo a Know-Your-Customer (“KYC”) process to create and present NFTs or use third-party services like custodial wallets. T&C of our KYC partner apply and will be given to you before the KYC process.
You may only open one account on Pinsl. Suppose we have a reasonable suspicion that you have opened multiple accounts on Pinsl. In that case, we reserve the right to take whatever action we deem appropriate, including but not limited to closing and freezing your accounts.
6 PINSL WALLET
You understand that the PINSL Wallet you create is a custodial wallet that is not owned or controlled by you. You agree that PINSL will hold access to your Pinsl Wallet via our custody service partner Tangany.
However, you control the assets in your Pinsl Wallet, as limited by any applicable usage rights restrictions attached to the assets themselves. Your NFT will be
(i) Segregated from any other assets we hold and
(ii) directly verifiable via the DLT as owned by a dedicated blockchain wallet assigned to your Pinsl user account. We will provide you with the wallet address. We will not loan, hypothecate, pledge, or encumber any NFT in your Pinsl Wallet.
Pinsl operates an online platform for creating and trading so-called Non-Fungible Tokens (NFT) based on blockchain technology. Our NFT are unique cryptographic token that is not exchangeable. Various files or digital materials in the form of NFTs are offered and traded via the Platform as digital goods. All products are subject to availability. We reserve the right to discontinue any products at any
time for any reason. Prices for all products are subject to change. Pinsl is not a broker, financial institution, or lender. The services offered within the platform's framework are purely a service for creating NFTs and selling such NFTs. Pinsl may restrict the types of tokens created with the Services. Our reference to any specific kind of token, or the exclusion of any other tokens, does not indicate our approval or disapproval of the underlying technology and should not be used as a substitute for your understanding of the technology and associated risks of each token. Pinsl NFTs are classified as digital goods and shall not contain attributes of a financial product.
8 Artists and Representative’s Rights to Create and Mint Fine Art NFTs
Artists and Representatives can use the Platform to create and mint Fine Art NFT. NFTs created and sold on the Pinsl NFT Platform includes, but are not limited to referencing:
(i) visual works,
(ii) audiovisual works,
(vi) and other creative digital works.
Approved and identified Artists and Representatives are granted permission to the NFT creator studio to mint NFTs using one or more of our Smart Contracts.
To create an NFT, approved Artists and Representatives must upload an original digital Artwork, provide information about the Artwork, authenticate the work and initiate a binding request for Pinsl to create (mint) an Exhibition consisting of at least one NFT.
After a final review and approval by Pinsl, the internal smart contract factory will deploy a unique smart contract for the exhibition and mint the requested NFTs into the Artists or Representatives Pinsl Wallet.
Minting an Exhibition will result in Ethereum transaction costs, which will be charged to the user.
9 Artists and Representative’s Rights to List Fine Art NFTs for Sale
Artists and Representatives can use the Platform to list NFTs created and minted via the Pinsl NFT Creator Studio for sale.
Approved and identified Artists and Representatives are granted permission to list them directly via the NFT detail page.
To list an NFT for sale approved Artists and Representatives must provide their desired listing price in US Dollars (incl. taxes) and initiate a binding listing request for Pinsl to create the official listing of the NFT for all collectors on the Pinsl NFT platform.
All Listings are auto-approved by the platform, and the Artist or Representative agrees that at fulfillment (completed purchasing process by a customer), Pinsl will buy the NFT from the Artist or Representative at the listing price minus the commission fees as described in Chapter 13 - Pinsl NFT Platform Prices & Fees. Pinsl will subsequently transfer the NFT to the buyer's PINSL Account.
10 Artists and Representative’s Rights to Receive Secondary Sales Royalties
Collecting of Royalties
By creating and minting NFTs on the platform, Artists and Representatives acknowledge, consent to, and accept the potential collecting of automated fees, commissions, and royalties at the re-sale of the NFTs on other marketplaces.
Pinsl does not generally collect fees, commissions, or royalties for transactions on other marketplaces. To support our Artists and Representatives, we encourage Collectors to list Items for sale on the marketplace following the NFT royalty standard EIP-2981. However, Collectors are permitted to sell or transfer their Items on third-party exchanges.
Artists and Representatives waive any entitlement to royalties, commissions, or fees for off-market or smart contracts transactions that do not follow the NFT royalty standard EIP-2981.
Distribution of Royalties
Exhibition will be the receiver of collected fees, commissions, or royalties. Pinsl will distribute the collected fees, commissions, or royalties to the Artists and Representatives every quarter.
Artists and Representatives agree that Pinsl will take commission fees as described in Chapter 13 - Pinsl NFT Platform Prices & Fees to distribute all collected fees, commissions, or royalties.
11 Artists and Representative’s Restrictions
Only Artists and Representatives approved by Pinsl can use the Platform to create and present their Fine Art NFTs. Artists and Representatives seeking to create and list NFTs for sale on the Pinsl NFT Platform can register as Artists or Representatives and be contacted and approved by Pinsl afterward. Pinsl has unilateral discretion in curating its Artist and Representatives Network and makes no guarantees or promises that any Artists will be approved, even if a member of the Pinsl Team invited the Artist to submit the Request.
By creating an NFT, Artists and Representatives expressly represent and warrant that their Work is an original creation. They are prohibited from minting NFTs referencing Artworks consisting of
(i) unlicensed or unauthorized copyrighted content,
(ii) including any imagery, design, audio, video, human likeness, or other unoriginal content not created by the Artist or Representative,
(iii) not authorized for use by the Artist or Representative,
(iv) not in the public domain,
(v) or otherwise without a valid claim of fair use.
They must refrain from minting NFTs with referenced Artworks to which copyright ownership is unknown or disputed (i.e., commissioned works or “works made for hire”).
Failure to abide by these Terms and the Community Guidelines may result in, without limitation,
(i) suspension or deletion of the Artist’s or Representative‘s account,
(ii) revocation of the minting privileges and other permissions to the Pinsl NFT Platform,
(iii) delisting items on the Site,
(iv) or paying monetary damages.
Pinsl has the unilateral authority and discretion to remove, suspend, or revoke Artists’ or Representatives‘ access to the Pinsl Smart Contracts or any other aspect of the Platform.
12 Collector’s Rights to buy Fine Art NFTs
Collectors can use the Platform to buy any listed NFT on the Pinsl NFT Platform.
By completing the purchase confirmation, the collector offers a binding sales agreement with Pinsl GmbH to pay the shown listing price and to adhere to the
further terms and conditions of the sales agreement. Pinsl will subsequently accept the sales offer and transfer the NFT to the collector's wallet, either a Pinsl Wallet or a self-custody wallet that the user has connected to his profile.
A Collector shall have the right, save for the provisions in Section 13 below, to:
(i) Display the referenced Artwork solely for personal use and
(ii) Request the transfer of the NFT, under Collector’s Transfer Rights, to another Ethereum digital wallet.
Collectors shall have a
Right (“Usage Rights”) to use the referenced Artwork subject to the below-listed restrictions (“Usage Restrictions”).
Suppose a Collector desires to exploit or publicly display a referenced Artwork commercially. In that case, Pinsl will work in good faith to negotiate a separate agreement between the Artist and the Collector to grant the Collector such rights.
13 Collector’s Usage Restrictions
If not stated otherwise by the artist or representative entity of the artist, a Collector shall not, directly or indirectly,
(iii) or permit,
the commercial exploitation of the referenced Artwork, including
(i) the public display or exhibition, license, distribution, or re-selling of a referenced Artwork;
(ii) electronic copying, printing, or creating any other physical representation of a referenced Artwork, and
(iii) improper limitation (except as granted in these Terms) or infringement of an Artist’s rights under copyright law.
14 Pinsl NFT Platform Prices & Fees
Every minted NFT exhibition on the Pinsl NFT Platform is subject to fees collected to cover the Ethereum transaction costs. The transaction costs vary depending on
(i) The amount of NFTs to be minted
(ii) The congestion of the Ethereum blockchain (Gas price)
(iii) The value of Ether(ETH), the native currency of the Ethereum blockchain.
An estimation of the transaction costs will be displayed to Artists and Representatives before the submission of the minting request.
The amount of Fees for the sale of an NFT also depends on whether the transaction involves the NFT’s first sale (“Primary Sale”) on the Pinsl NFT Platform or a subsequent sale in the secondary market (“Secondary Market Sale”) outside of Pinsl NFT Platform.
Artists and Representative can set the amount of royalties for secondary market sales.
· The Artist or Representative who created the NFT receives 84% of the total sale price at any primary sales.
· Pinsl GmbH receives 16% of the total sale price
Secondary market sales (Royalties)
· Artists or Representatives receive 84% of the collected royalties based on the total sale price for secondary market sales. The Artist or Representative can set the percentage of royalties and is part of the smart contract.
· Pinsl receives 16% of the collected royalties.
Artists and Representatives are responsible for paying all sales, use, value-added, and other taxes, duties, and assessments now or hereafter claimed or imposed by any governmental authority associated with your use of the Platform (including, without limitation, any taxes that may become payable as the result of your ownership, transfer, purchase, sale, or creation of any NFT).
Users acknowledge and consent to the risk that the price of an item purchased on the Pinsl NFT platform may have been influenced by User activity outside of the control of Pinsl. Pinsl does not represent, guarantee, or warrant the accuracy or fairness of the price of any NFT sold or offered for sale on or off the Pinsl NFT platform.
The User agrees and acknowledges that Pinsl is not a fiduciary nor owes any duties to any User of the platform, including the responsibility to ensure fair pricing of NFTs or to police User behavior on the Platform.
15 PURCHASES AND PAYMENT
We accept the following forms of payment for Pinsl services:
· Bank transfer
We accept the following forms of payments for purchasing NFTs on our platform:
· Credit card (Master Card and Visa) for NFT sales of up to 3000$
· Bank transfer and cryptocurrency transfer for NFT sales exceeding 3000$
You agree to provide current, complete, and accurate purchase and account information for all purchases via the Site. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. Sales tax will be included in the visible purchase price. Prices may be changed at any time. All credit card payments shall be in Dollars; Bank transfers can be Dollars or euros.
You agree to pay all charges at the prices in effect for your purchases and any applicable transaction fees. You authorize us to charge your chosen payment provider for such amounts upon placing your order.
We reserve the right to refuse any order placed through the Site. We may limit or cancel quantities purchased per person, household, or order at our sole discretion. These restrictions may include orders placed by or under the same customer account, payment method, and orders using the same billing or shipping address. In our sole judgment, we reserve the right to limit or prohibit orders that appear to be placed by dealers, resellers, or distributors.
16 REFUNDS POLICY
You understand that blockchain transactions generally cannot be reversed. Any transactions are entirely transparent and non-reversible, and that is by design. Once the transaction is confirmed, there is no way to change it because they are irrevocable.
Due to this technical nature of the blockchain and the altered provenance of the token, a return of the NFT and claim for a reversal of the purchase based on the right of revocation is excluded.
If there are justified doubts about the condition of the transfered NFT, collectors can contact the following e-mail address and explain their case:
Pinsl will consult internally about the case.
17 PROHIBITED ACTIVITIES
The Site may not be used in connection with any commercial endeavors except those specifically endorsed or approved by us.
As a user of the Site, you agree not to:
· Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
· They trick, defraud, or mislead other users, especially in any attempt to learn sensitive account information such as user passwords.
· Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and the Content contained therein.
· Disparage, tarnish, or otherwise harm, in our opinion, us and the Site.
· Use any information from the Site to harass, abuse, or harm another person.
· Make improper use of our support services or submit false reports of abuse or misconduct.
· Use the Site in a manner inconsistent with any applicable laws or regulations. Engage in unauthorized framing of or linking to the Site.
· Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the service, features, functions, operation, or maintenance of the Site.
· Engage in any automated system use, such as scripts to send comments or messages or using any data mining, robots, or similar data gathering and extraction tools.
· Delete the copyright or other proprietary rights notice from any Content. Attempt to impersonate another user or person or use the username of another user.
· Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, transparent graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “PCM”).
· Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
· Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you. Attempt to bypass any Site measures designed to prevent or restrict access to the Site or any portion of the Site.
· Except as may be the result of the standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.
· Use a buying agent or purchasing agent to make purchases on the Site. Make any unauthorized use of the Site, including collecting usernames and email addresses of users by electronic or other means to send unsolicited email or create user accounts by automated means or under pretenses.
· Use the Site as part of any effort to compete with us or use the Site and the Content for any revenue-generating endeavor or commercial enterprise.
· Use the site to sell financial products by advertising NFTs as financial products or with expected future profits and value.
· Link NFT to ownership of physical goods or any future revenue streams that were earned by being issuing party
· Sell or otherwise transfer your profile
· Sell NFTs for another purpose than selling art-referencing NFTs
18 USER-GENERATED CONTRIBUTIONS
The Site may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality. It may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute,
or broadcast content and materials to us or on the Site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions"). Contributions may be viewable by other users of the Site, the Platform Offerings, and third-party websites. Any assistance you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:
· The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
· Your Contributions are not false, inaccurate, or misleading.
· Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
· Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
· Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
· Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
· Your Contributions do not violate any applicable law, regulation, or rule.
· Your Contributions do not violate any third party's privacy or publicity rights.
· Your Contributions do not violate any applicable law concerning child pornography or are otherwise intended to protect the health or well-being of minors;
· Your Contributions do not include any offensive comments connected to race, national origin, gender, sexual preference, or physical handicap.
19 CONTRIBUTION LICENSE
You automatically grant by posting your Contributions to any part of the Site or making Contributions accessible to the Site by linking your account from the Site to any of your social networking accounts. You represent and warrant that you have the right to give us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sub-licenses of the preceding. The use and distribution may occur in any media format or channel.
This license will apply to any form, media, or technology now known or hereafter developed and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.
We do not assert any ownership over your Contributions. You retain full ownership of all your Contributions and any intellectual property or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your contributions in any area on the Site. You are solely responsible for your Contributions to the Site, and you expressly agree to exonerate us from any responsibility and to refrain from any legal action against us regarding your Contributions.
We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorize any Contributions to place them in more appropriate locations on the Site; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.
20 SOCIAL MEDIA
As part of the functionality of the Site, you may link your account with online accounts you have with third-party service providers (each such account, a “Third-Party Account”) by either: (1) providing your Third-Party Account login
information through the Site; or (2) allowing us to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent and warrant that you are entitled to disclose your Third-Party Account login information to us and grant us access to your Third-Party Account without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating us to pay any fees or making us subject to any usage limitations imposed by the third-party service provider of the Third-Party Account. By granting us access to any Third-Party Accounts, you understand that (1) we may access, make available, and store (if applicable) any content that you have provided to and stored in your Third-Party Account (the “Social Network Content”) so that it is available on and through the Site via your account, including without limitation any friend lists and (2) we may submit to and receive from your Third-Party Account additional information to the extent you are notified when you link your account with the Third-Party Account. Depending on the Third-Party Accounts you choose and subject to the privacy settings you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your account the Site. Please note that if a Third-Party Account or associated service becomes unavailable or our access to such Third-Party Account is terminated by the third-party service provider, then Social Network Content may no longer be available on and through the Site. You can disable the connection between your account on the Site and your Third-Party Accounts at any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. We make no effort to review any Social Network Content for any purpose, including but not limited to accuracy, legality, or non-infringement, and we are not responsible for any Social Network Content. You acknowledge and agree that we may access your email address book associated with a Third-Party Account and your contacts list stored on your mobile device or tablet computer solely to identify and inform you of those contacts who have also registered to use the Site. You can deactivate the connection between the Site and your Third-Party Account by contacting us using the contact information below or your account settings (if applicable). We will attempt to delete any information stored on our servers obtained through such Third-Party Account, except the username and profile picture associated with your account.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site or the Platform Offerings ("Submissions") provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property
rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You, at this moment, waive all moral rights to any such Submissions and warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
22 THIRD-PARTY WEBSITES AND CONTENT
23 SITE MANAGEMENT
of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site and the Platform Offerings.
We care about data privacy and security. Please review our Privacy. Policy:
25 COPYRIGHT INFRINGEMENTS
We respect the intellectual property rights of others. If you believe that any material available on or through the Site infringes upon any copyright you own or control, please immediately notify us using the contact information provided below (a “Notification”). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that under applicable law, you may be liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Site infringes your copyright, you should consider first contacting an attorney.
26 TERM AND TERMINATION
Suppose we terminate or suspend your account for any reason. In that case, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your
account, we reserve the right to take appropriate legal action, including pursuing civil, criminal, and injunctive redress without limitation.
27 MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the Site's contents at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Platform Offerings without notice. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site or the Platform Offerings.
28 GOVERNING LAW
These conditions are governed by and interpreted following the laws of Germany. The use of the United Nations Convention of Contracts for the International Sales of Goods is expressly excluded. Suppose your habitual residence is in the EU, and you are a consumer. In that case, you also possess the protection provided by obligatory law provisions in your country of residence. Pinsl GmbH and yourself both agree to submit to the non-exclusive jurisdiction of the courts of Stuttgart, Baden- Wuerttemberg, which means that you may make a claim to defend your consumer protection rights in regards to these Conditions of Use in Germany or in the EU country in which you reside.
There may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to the Platform Offerings, including descriptions, pricing, availability, and other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.
THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON- INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THIS SITE. WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND ANY AND ALL PERSONAL INFORMATION AND FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. YOU SHOULD USE YOUR BEST JUDGMENT AS YOU PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT; EXERCISE CAUTION WHERE APPROPRIATE.
31 LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY
(vii) PUNITIVE DAMAGES,
(viii) INCLUDING LOST PROFIT,
(ix) LOST REVENUE,
(x) LOSS OF DATA,
(xi) OR OTHER DAMAGES
ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
33 ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications and agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email, and on the Site satisfy any legal requirement that such communication is in writing. AT THIS MOMENT, YOU AGREE TO THE ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS AND THE ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY THE US OR VIA THE SITE. You, at this moment, waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records or to payments or the granting of credits by any means other than electronic means.
35 CONTACT US
To resolve a complaint regarding the Site or to receive further information regarding the use of the Site, please contact us at:
Pinsl GmbH Marienstrasse 37 70178 Stuttgart
Phone: (+49) 151 54632380 E-Mail: firstname.lastname@example.org