1. INTRODUCTION
1.1. Vario.tv is a marketplace that allows users to offer, sell and buy products through the https://vario.tv/ website ("Site"). As a marketplace, Vario.tv does not own or sell the items listed on this site. The actual sales contract is directly between Buyers and Sellers. While Vario.tv can help facilitate transactions and/or the resolution of disputes between Buyers and Sellers, Vario.tv has no control over, nor does it guarantee: the existence, quality, safety or legality of the items advertised; the truthfulness or accuracy of the content or listings of Users. You agree that the Site is a venue and, as such, Vario.tv is not responsible for any content, e.g., data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items and links posted by you, other users or third parties on the Site. Your use of the Site is at your own risk.
1.2. These Terms of Service ("Agreement" or "Terms"), the Privacy Policy and all policies and guidelines posted on the Site set forth the terms and conditions under which Vario.tv offers you access to and use of the Site, as well as services, applications and tools available on the Site (collectively "Services"). This Agreement is entered into between you as a user of our Services ("User"). All Vario.tv policies and the Vario.tv Privacy Policy are incorporated into this Agreement. You agree to comply with all of the foregoing by accessing and using our Services.
1.3. Please note that this Agreement contains provisions governing how claims you and/or Vario.tv may have against each other are resolved (see Disclaimer of Warranties; Limitation of Liability and Legal Dispute Provisions below).
1.4. Acceptance of the Agreement. By accessing or using the Site, you agree to the terms and conditions set forth in this User Agreement. You will be bound by the terms and conditions of this Agreement with respect to your access to or use of this Site and any updates, modifications, additions or further changes to this Site. If you do not agree to all of the terms and conditions of this Agreement, do not use this Site. You may not use the Site and may not agree to the terms of this Agreement if (a) you are not of legal age and/or do not have the necessary consents and approvals (including parental/guardian consents, if applicable) to form a binding contract. (b) you are a person who is prohibited from using the Site under the laws of the United States or other countries, including the country in which you reside or from which you use the Site. Vario.tv may verify the age and/or nationality of the account owner. As part of the verification process, Vario.tv may require the account owner to provide additional identifying information, including, but not limited to, a copy of a valid driver's license (or other form of government-issued identification). This Agreement applies to all users of the Services, including but not limited to users who are suppliers, customers, merchants or contributors of content, information and other materials or services. Before proceeding, you should print or save a local copy of this Agreement for your records.
1.5. Amendments. Vario.tv may modify this Agreement and/or the Site policies at any time, with or without notice, by posting the modified and restated Agreement or policy on the Site. The amended and restated Agreement and/or policy shall become effective immediately upon publication. Vario.tv's posting of the amended and restated Agreement or policy and your continued use of the Site shall be deemed acceptance of the amended terms. This Agreement and the policies of the Site may not otherwise be modified except in writing by an authorized officer of Vario.tv.
2. DEFINITIONS
2.1. "Vario.tv Content": information, text, images, video clips, directories, files, databases or offers available on or through the Site.
2.2. "Registered User": ​​each User who has completed a registration form on the Site by providing User information (such as name, address, telephone number, fax number, email address, etc.). Vario.tv will establish an account ("Account") for each registered User on the Site and each registered User will be assigned a user alias ("User Name") and a password ("Password") to log into his/her/its account on the Site.
2.3. "Third Party Content": content displayed on the Site provided or posted by third parties.
2.4. "Third Party Rights" means copyrights, trademarks, trade secrets, patents and other personal or proprietary rights of third parties affecting or relating to material or information displayed on the Site, including but not limited to personality rights and privacy rights, or affecting or relating to products offered or displayed on the Site.
2.5. "Transaction Risks": the risks assumed by Users when using the Site or conducting transactions through the Site. Transaction risks include risks of liability or damage of any kind in connection with the use of the Site. Such risks shall include, among others: (i) misrepresentation of products and services, fraudulent schemes, unsatisfactory quality, failure to meet specifications, defective or dangerous products, illegal products, delays or defaults in delivery or payment, costing errors, breach of warranty and breach of contract; (ii) risks that the manufacture, importation, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the Site may infringe or may be claimed to infringe Third Party Rights, and the risk that Users may incur defense or other costs in connection with the assertion of Third Party Rights by third parties, or in connection with any claim by any party that it is entitled to defense or indemnification in connection with assertions of rights, claims or demands by Third Parties. Party Rights Claimants; (iii) risks that consumers, other purchasers, end users of products or other persons claiming to have suffered injury or damage related to a product originally obtained by Users of the Site as a result of purchase and sale transactions in connection with the use of the Site may suffer damages and/or assert claims arising from the use of such products.
2.6. "User" - any person accessing the Site for any purpose, regardless of whether such User has registered with the Site as a Registered User. A User includes any person using this Site and any legal entity that may be represented by such person under actual or apparent authority.
3. USE OF SITE
3.1. General. Users may use this Site for their personal or internal purposes only. Each User agrees that he or she will not copy, reproduce or download any Vario.tv Content for the purpose of reselling or redistributing the Vario.tv Content, sending bulk mail (by email, wireless text messaging, physical mail or otherwise), operating a business that competes with Vario.tv or commercially exploits the Vario.tv Content. Systematic retrieval of Vario.tv Content from this Site to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes) without the written permission of Vario.tv is prohibited. In addition, use of the Vario.tv Content for any purpose not expressly permitted in this Agreement is prohibited.
3.2. Messages or information sent by a User through the communication systems provided by Vario.tv, as well as e-mails, faxes, letters to recipients or instant messages sent to addresses acquired from information obtained from the Site, shall not contain any of the material described in the provisions of Section 5.4.
3.3. No User shall undertake any plan to undermine the integrity of the computer systems or networks used by Vario.tv or any other User, and no User shall attempt to gain unauthorized access to such computer systems or networks.
3.4. Privacy policy. We recommend that you read the Site's Privacy Policy, which governs the protection and use of each User's information held by Vario.tv. Each User accepts the Privacy Policy and its updates and modifications. Each User acknowledges that Vario.tv may change the Privacy Policy from time to time, with or without notice, and will make the updated version of the Privacy Policy available on the Site at all times. Your continued use of the Site shall be deemed your acceptance of the Privacy Policy then displayed on the Site at the time of such use.
3.5. Rights of third parties. As a condition of your access to and use of the Site, you agree that you will not use our Services to infringe the Third Party Rights of others in any way. Vario.tv may, in appropriate circumstances, terminate the accounts of Users who repeatedly infringe the Third Party Rights of others. In addition, Vario.tv reserves the right to terminate the account of any User if Vario.tv believes that the User's conduct is harmful to the interests of the Site, Vario.tv, its employees, directors, affiliates or other Users, or for any other reason in Vario.tv's sole and absolute discretion, with or without cause.
3.6. By using the Site, you also agree, represent and warrant that:
Has all the necessary and relevant experience and knowledge to deal with digital elements, has a thorough understanding of their framework, is aware of all the merits, risks and restrictions associated with digital assets (including their purchase and use), as well as the necessary and relevant experience and knowledge to purchase, use and manage them, and are solely responsible for any evaluation based on such knowledge;
If you are a corporation, governmental organization or other legal entity, you have the right, power and authority to act on behalf of such corporation, governmental organization or other legal entity and bind them to these Terms;
You will not use the website for any illegal activity and will not engage in any illegal activity;
You control only your credentials (e-mail address, password or other information provided for use of the website) and are not acting on behalf of any third party.
3.7. No person, employee, agent or entity affiliated in any way with any game publisher or developer, including but not limited to Blizzard Entertainment, Battle.net, Sony Online Entertainment Inc, Sony Computer Entertainment America Inc, NCSoft Corporation, Turbine, Ubisoft, Codemasters, Electronic Arts, CCP Games, Atari, Webzen, Acclaim, Mythic Entertainment, Inc, Lucasfilm Entertainment Company Ltd. and Square Enix CO., LTD, is authorized to use or access this site or use the services provided herein. .
4. REGISTERED USERS
4.1. Privacy. By becoming a Registered User, you agree to be bound by our Privacy Policy. You also consent to the inclusion of your personal data in our database and authorize Vario.tv to share such information with other Users in accordance with the purposes set forth in this Agreement.
4.2. Notwithstanding Section 4.1 above, Vario.tv may refuse registration and deny issuance of an Account and associated Username and Password to any User for any reason or no reason.
4.3. By creating an Account, you also agree to receive electronic communications from Vario.tv (e.g., by e-mail). These communications may include notices about your Account (e.g., password changes and other transactional information) and are part of your relationship with us. You agree that any notice, agreement, disclosure or other communication that we send to you electronically will comply with all legal communication requirements, including, but not limited to, that such communications be in writing. You should retain copies of our electronic communications by printing a paper copy or keeping an electronic copy. We may also send you promotional email communications, including, but not limited to, newsletters, special offers, surveys and other news and information that we believe will be of interest to you. You may opt out of receiving these promotional emails at any time by following the respective unsubscribe instructions.
4.4. Vario.tv may suspend or terminate a Registered User's Account at any time if:
In Vario.tv's sole and absolute discretion, there is any breach by the Registered User of the provisions of this Agreement; o
Vario.tv has reasonable grounds to suspect that information provided by a Registered User is untrue, inaccurate, not current or not complete; o
Vario.tv believes that the User's conduct is harmful to the interests of the Site, Vario.tv, its employees, directors, affiliates or other Users; o
For any other reason, at the sole and absolute discretion of Vario.tv.
4.5. Prohibition of Account, Username and Password transferability. A Registered User may not sell, attempt to sell, offer to sell, give, assign or otherwise transfer an Account, User Name or Password to a third party without the prior written consent of Vario.tv. Vario.tv may suspend or terminate the Account of a Registered User or the assignee of a Registered User in the event of a sale, offer to sell, gift, assignment or transfer in violation of this Section.
4.6. Without limiting other remedies, we may suspend, terminate, remove, delete, limit or modify Accounts or access to the Services or any part thereof, withhold, delay or remove hosted content, take legal and technical steps to prevent access to the Services, or take other action consistent with these Terms, with or without notice, if we suspect or determine, in our sole discretion, that you have failed to comply with any of these Terms or have otherwise engaged in illegal activity or misuse of our Services. This may result in the loss or termination of your Account, information, personality, rankings, benefits, virtual items, in-game purchases, subscription or other losses. We are not and will not be liable for any such losses and have no obligation to compensate you for such losses.
4.7. We reserve the right to discontinue offering and/or supporting our Services or any part thereof, including, without limitation, any particular service, product or game, at any time and for any reason. If this occurs, your license to access or use the applicable Services will automatically terminate. We reserve the right to terminate any Account that has been inactive for 180 days or more. We are not obligated to notify you in advance of any such actions, or to provide you with refunds, compensation or material or non-material benefits for discontinued or terminated Services, or terminated Accounts, or any loss resulting therefrom.
4.8. You may choose to close your Account for any reason at any time. If you choose to exercise this right, please inform Vario.tv that you wish to close your account by opening a support ticket requesting that your account be closed. You understand that if you close your Account, you may no longer have access to the information previously associated with your Account.
5. PUBLICATION ON THE SITE
5.1. You must be a registered User in order to post information on the Site using the self-help submission and editing tools provided by the Site.
5.2. No sales agency relationship is created between any User and Vario.tv, its affiliates, directors, officers or employees by virtue of Vario.tv's display of any User information on the Site.
5.3. Each User hereby represents, warrants and agrees:
That any information provided by the User for display on the Site is true, accurate, current and complete; y
That it will maintain and promptly amend all information to keep it true, accurate, current and complete.
5.4. Prohibited behavior. Each User hereby represents, warrants and agrees that the information submitted to Vario.tv for display on the Site shall not:
Contain fraudulent information or make fraudulent offers for items or involve the sale or attempted sale of counterfeit or stolen items or items the sale and/or marketing of which is prohibited by applicable law, or otherwise promote other illegal activities;
Being part of a scheme to defraud other Site Users or for any other unlawful purpose;
Relate to the sale of products or services that infringe or otherwise incite or encourage the infringement or violation of any third party rights;
Violate any applicable law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or misleading advertising);
Being defamatory, libelous, threatening or unlawfully harassing;
Be obscene or contain or infer pornography or sex-related merchandising or any other content that promotes sexually explicit materials or is harmful to minors;
Promote discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation or age;
Contain any material that constitutes unauthorized advertising or harassment (including, but not limited to, spam);
Solicit business from any User in connection with a commercial activity that competes with Vario.tv/Site;
Contain computer viruses, Trojan horses, worms or other destructive devices and code that have the effect of damaging, interfering with, intercepting or expropriating any system software or hardware, data or personal information;
Involve countries, entities, individuals or items prohibited by sanctions, embargoes, regulations or orders administered by the U.S. Treasury Department's Office of Foreign Assets Control ("OFAC") or other government agencies;
Contain items that have been identified by the U.S. Consumer Product Safety Commission (CPSC) as hazardous to consumers and therefore subject to recall;
To be defamatory, trade libel, unlawfully threaten, unlawfully harass, impersonate or intimidate any person, or falsely state or otherwise misrepresent your affiliation with any person, by, for example, using similar e-mail addresses, nicknames or creating false accounts. ) or any other method or device
Directly or indirectly link to or include descriptions of goods or services that are prohibited under this Agreement; o
Failure to do so will create any liability for Vario.tv, its employees, directors or its affiliates.
5.5. Rights of third parties. Each User hereby represents, warrants and agrees that it has obtained all necessary copyright, trademark, trade secret or patent licenses and permissions from third parties, or such other licenses or permissions as may be required in connection with any other personal or proprietary rights of any third party. Each User hereby represents, warrants and agrees that it shall be solely responsible for ensuring that any material or information that it posts on the Site or provides to Vario.tv or authorizes Vario.tv to display does not infringe, and that the products depicted therein do not infringe, any Third Party. Parties' rights, or is posted with the permission of the owner of such rights. Each User hereby represents, warrants and agrees that it has the right to manufacture, offer, sell, import and distribute the products it offers and displays on the Site, and that such manufacture, offer, sale, import and/or distribution of such products does not violate any rights of any third party.
5.6. Granting of the license. Each User hereby grants an irrevocable, perpetual, worldwide, royalty-free, sublicensable (through multiple tiers) assignable license to Vario.tv and its affiliates to display and use all information provided by such User in accordance with the purposes set forth in this Agreement and to exercise any rights that User has in such material or information, including, without limitation, copyright, publicity and database rights, in any media now known or not currently known.
5.7. Material Removal. Vario.tv reserves the right, in its sole and absolute discretion, to remove any material displayed on the Site, including material that it believes, in its sole and absolute discretion, is illegal, could subject Vario.tv to liability, violates this Agreement or is otherwise considered inappropriate.
5.8. Vario.tv reserves the right to cooperate fully with governmental authorities, private investigators and/or injured third parties in the investigation of any suspected criminal or civil wrongdoing. In addition, Vario.tv may disclose the identity and contact information of any User if requested to do so by a government or law enforcement agency, an aggrieved third party, subpoena or other legal action, and Vario.tv shall not be liable for any damages or any other consequences thereof. You further agree that you will not bring any action or claim against Vario.tv for such disclosure. In connection with any of the foregoing, Vario.tv may suspend or terminate the Account of any User as Vario.tv deems appropriate in its sole and absolute discretion. You agree that Vario.tv shall have no liability to you, including liability for consequential or any other damages, in the event that Vario.tv takes any of the actions referred to in this Section, and you agree to assume the risk that Vario.tv may take such actions.
6. TRANSACTIONS BETWEEN BUYERS AND SELLERS
6.1. General. Vario.tv provides a web-based electronic platform for exchanging information between buyers ("Buyer" or "Buyers") and sellers ("Seller" or "Sellers") of products and services. For each transaction, Vario.tv requires the parties to complete the transaction (deliver the products to the Buyer) in order for the Seller to receive payment.
6.2. Users are solely responsible for all terms and conditions of transactions made on, through or as a result of use of the Site, including, without limitation, terms relating to payment, returns, warranties, warranties, shipping, insurance, fees, taxes, title, licenses, fines, permits, handling, transportation and storage.
6.3. Listing Description. All listings on the Site must be for sale. By including an item, you warrant that you and all aspects of the item comply with the Site's policies. You also warrant that you have all rights to sell the item and that such sale will not violate any legal or contractual obligation to which you may be subject. You must accurately describe your item and all terms of sale. Your listings may only include text descriptions, graphics, images and other content relevant to the sale of that item. All items should be listed in an appropriate category with appropriate labels. Each listing must accurately and completely describe the item(s) for sale in that listing.
6.4. Binding sale. Sellers are responsible for accurately listing their items and buyers are responsible for reading the item description before making a purchase. All sales are binding. Seller is obligated to ship the order, transfer the item or complete the transaction with Buyer in a timely manner, unless there is an exceptional circumstance, such as: (a) Buyer does not comply with the terms of Seller's listing (such as method of payment), or (b) Seller cannot authenticate Buyer's identity. The Buyer is obliged to make the corresponding payment for the purchased items, unless there is an exceptional circumstance.
6.5. To assist Seller in concluding a transaction on the Site, Vario.tv acts as a disclosed commercial agent of Seller to the limited extent where Vario.tv is in each case authorized by the respective Seller to accept a respective payment from Buyer on Seller's behalf for goods sold by such Seller to Buyer. For the avoidance of doubt, such funds received on behalf of the Seller by Vario.tv are and shall at all times remain the property of the Seller. In any event, Vario.tv does not control and is not responsible for the quality, safety, legality or availability of the products or services offered for sale on the Site, the ability of Sellers to complete a sale or the ability of Buyers to complete a purchase. Users are hereby informed that there may be risks in dealing with other users acting under false pretenses. Vario.tv uses various techniques to verify the accuracy of the information that our Users provide to us when they register on the Site. However, because user verification on the Internet is complex and problematic, Vario.tv cannot and does not confirm the purported identity of each user. We recommend that you use the various tools available on the Site, as well as common sense, to assess who you are dealing with.
6.6. Assumption of Risks. Each User acknowledges that he or she fully assumes all transactional risks in using the Site to conduct transactions, and fully assumes the risks of liability or damage of any kind in connection with the use of the Site. Each User agrees that Vario.tv shall not be liable for any damages, liabilities, costs, damages, injuries, inconvenience, business interruption or expenses of any kind that may arise as a result of or in connection with any Transaction Risk.
6.7. Taxes. All listings and their prices on the Site must be published in accordance with the "all taxes included" principle. Users shall pay all sales and use taxes and all other taxes arising from their use of the Site and transactions conducted on the Site. Users are particularly responsible for paying any taxes due (including VAT on the sale of game items through the Site), fees or other amounts due required in connection with the agreements they have entered into with each other (including the issuance of invoices and the provision of any reporting documentation). Vario.tv is in no way responsible for the settlement of the above fees and taxes or for the filing obligations of the Users.
6.8. Refund policy. All sales are final on Vario.tv and there are no refunds unless the item is not delivered or is not as described. If this is the case, you will receive a full refund on the same card or data with which you paid for this service. The user can request a refund by going to the order page and filing a dispute. Alternatively, the user can contact live support 24 hours a day, 7 days a week in the lower right corner of the website. The refund may take up to 1 week to process.
6.9. Chargeback policy. Once an order has been marked as delivered by the seller and received by the buyer, the orders are considered completed, both parties are satisfied and the sale is final. In the event that you make a chargeback with your Vario.tv credit card (made intentionally or by mistake) for any deposit made by you to your Vario.tv account, we reserve the right to block your account and then a thorough investigation will be conducted on behalf of Vario.tv to determine the legitimacy of the chargeback. The blocked amount will only be released if the chargeback is determined to be valid.
7. FEES AND PAYMENTS
7.1. Seller's fees. Seller's rates can be viewed here: 5 % - 9 %. Vario.tv may change its rates from time to time by posting changes on the Site 14 days in advance, but without prior notice for temporary promotions.
7.2. Buyer and withdrawal fees. The fees we charge for processing payments are published on our Fees page. Vario.tv may change its rates from time to time by posting changes on the Site 14 days in advance, but no advance notice is required for temporary promotions.
7.3. Users must have a registered payment method when selling or purchasing on the Site, and Users must pay all applicable fees and taxes associated with our Services by the payment due date. If your payment method fails or your account is past due, we may collect the fees due using other collection mechanisms. (This includes charging other payment methods we have on record, as well as hiring collection agencies and legal counsel). In addition, Users will be subject to late payment charges.
7.4. When you provide payment information to Vario.tv or one of its payment processors, you represent and warrant that you are the authorized user of such information, including, without limitation, the credit card, PIN, password or associated account, and you authorize Vario.tv and the payment processors to charge you for your purchases, subscriptions or any other fees incurred.
7.5. Vario.tv, in its sole discretion, may inspect and verify (i) the details relating to the listing sold on the Site, (ii) the buyer of the listing on the Site and (iii) the seller of the listing on the Site. As part of the verification process, Vario.tv may require the buyer or seller to provide additional identifying information, including, but not limited to, a copy of a valid driver's license (or other form of government-issued identification) prior to or during the transaction. Users may also be asked to go through additional security procedures and share additional information to confirm their identity. Vario.tv reserves the right to reject any item that we believe (in our sole discretion) may: (i) be fraudulent, invalid, inauthentic or stolen, (ii) originate from an unauthorized or illegal source, (iii) relate to any illegal activity or (iv) otherwise pose a financial risk to us or our users.
7.6. You agree and acknowledge that payment processing services are provided by third parties ("Payment Processors"), including but not limited to PayPal Holdings, Inc. and are subject to their respective service agreements (collectively, the "Payment Services Agreement"). By using the Services, you agree to be bound by the terms of this section and the Payment Services Agreement, as we or the Payment Processors may modify them from time to time. As a condition of sale, you agree to provide Vario.tv with accurate and complete information about you and your business (if applicable), and you authorize Vario.tv to share, in accordance with the Payment Services Agreement, such information and applicable transaction information related to your use of payment processing services provided by Payment Processors.
Deposit and withdrawal rules. You can deposit no less than USD $3 to your account. Deposits are only available in USD. You can withdraw not less than $10.00 from the account. Under normal circumstances, withdrawal from your Account will be completed within up to 48 hours during business days (i.e., on a day other than a Saturday or Sunday), but with delays of up to 5 business days.
8. DISPUTES BETWEEN USERS
8.1. Vario.tv as arbitrator. In the event that any User has a dispute with any other User regarding a transaction on the Site, such User agrees to submit the dispute to Vario.tv as arbitrator for a final and binding judgment. To allow Vario.tv to conduct investigations in a fair and reasonable manner, Users agree to refrain from seeking third party arbitration while an order is still open or pending. Users who seek the intervention of third parties (other than governmental investigative authorities) will be considered to be interfering with the investigative process and attempting to force a decision in their favor. Vario.tv reserves the right to suspend or permanently ban Users who attempt to interfere with standard operating procedures for orders that are still active or pending.
8.2. Obligation to Reimburse. If a Seller is required to reimburse Buyer or Vario.tv, Seller authorizes Vario.tv to remove the reimbursement amount (in the same or another currency) from its designated payment method (i.e. PayPal) on the Site. Seller must have a valid payment method on record. If there are insufficient funds in the account, the Seller authorizes Vario.tv to charge any refund amount due to the registered payment method. Vario.tv may also include the refund amount in the Seller's invoice. If the Seller does not provide Vario.tv with a valid method of payment, Vario.tv may collect the outstanding amounts using other collection mechanisms, including contracting with collection agencies.
8.3. Fines. In the rare event that Vario.tv determines that a dispute between Users is due to a User's breach of this User Agreement, the offending User authorizes Vario.tv to impose a fine against the User's payment method, up to 100 EUR. In addition, Vario.tv may suspend or ban the User's account and/or require a deposit of up to 200 EUR to reactivate the User's account.
8.4. Release. If you have a dispute with one or more Users, you agree to release and indemnify Vario.tv and its officers, directors, employees, agents, affiliates and subsidiaries from all claims, demands, actions, proceedings, costs, expenses and damages, including without limitation any actual, special, incidental or consequential damages of every kind and nature, known and unknown, arising out of or in any way connected with such dispute. By entering into this release, you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims that you know or suspect to exist in your favor at the time you agree to this release.
9. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
9.1. THE SITE FEATURES AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND Vario.tv HEREBY EXPRESSLY DISCLAIMS ALL AND ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF CONDITION, QUALITY, DURABILITY, PERFORMANCE, ACCURACY, RELIABILITY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. ALL SUCH WARRANTIES, REPRESENTATIONS, CONDITIONS, UNDERTAKINGS AND TERMS ARE HEREBY EXCLUDED.
9.2. Vario.tv MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE VALIDITY, ACCURACY, CORRECTNESS, RELIABILITY, QUALITY, STABILITY, COMPLETENESS OR TIMELINESS OF ANY INFORMATION PROVIDED ON OR THROUGH THE SITE. Vario.tv DOES NOT REPRESENT OR WARRANT THAT THE MANUFACTURE, IMPORT, DISTRIBUTION, OFFERING, DISPLAY, EXHIBITION, PURCHASE, SALE AND/OR USE OF PRODUCTS OR SERVICES OFFERED OR SHOWN ON THE SITE DOES NOT VIOLATE ANY THIRD PARTY RIGHTS; AND Vario.tv MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO ANY PRODUCT OR SERVICE OFFERED OR SHOWN ON THE SITE.
9.3. Any material downloaded or otherwise obtained through the Site is done at the sole discretion and risk of each User, and each User is solely responsible for any damage to its computer system or loss of data that may result from the download of such material. No advice or information, whether oral or written, obtained by any User from Vario.tv or through the Site shall create any warranty not expressly stated herein.
9.4. Force majeure. Under no circumstances shall Vario.tv be liable for any delay, failure or interruption of the content or services delivered through the Site resulting directly or indirectly from acts of nature, forces or causes beyond its reasonable control, including, without limitation, Internet failures, computer failures, telecommunications failures or any other equipment failures, power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of foreign courts or tribunals or failure of third parties.
9.5. Each User hereby agrees to indemnify and hold harmless Vario.tv, its affiliates, directors, officers and employees, from any and all losses, claims and liabilities (including legal costs on a full indemnity basis) that may arise, directly or indirectly:
Such User's use of the Site, including, without limitation, the display of such User's information on the Site;
Failure by such User to comply with any of the terms and conditions of this Agreement; The breach by such User of any representations and warranties made by the User to Vario.tv;
As a result of any claims brought by third party rights claimants or other third parties relating to products offered or displayed on the Site.
9.6. Vario.tv and its affiliates, directors, officers and employees shall not be liable for any special, direct, indirect, punitive, incidental or consequential damages or any damages whatsoever (including, without limitation, damages for loss of profits or savings, business interruption, loss of information), whether in contract, negligence, tort, strict liability or otherwise, or any damages resulting from any of the following:
The use or inability to use the Site;
Any defect in goods, samples, data, information or services purchased or obtained from a User or a third party service provider through the Site;
Any claim or demand that the User's manufacture, importation, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the Site may violate or may be claimed to violate the Rights of Third Parties; or claims by any party that they are entitled to defense or indemnification in connection with assertions of rights, demands or claims by Third Party Rights claimants;
Unauthorized access by third parties to data or private information of any User;
Statements, conduct or material posted by Users of the Site, including defamatory, offensive or unlawful material; o
Any other matter related to the Site.
9.7. Right to assume defense and control. Vario.tv reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with Vario.tv in asserting any available defenses.
9.8. Vario.tv reserves the right to limit, deny or create different access to the Site and its features with respect to different Users, or to change any of the features or introduce new features without notice. Each User acknowledges that the inability to use the Site in whole or in part for any reason whatsoever may have adverse effects on its business. Each User hereby agrees that in no event shall Vario.tv or any of its affiliates, directors, officers or employees be liable to the User or any third party for any inability to use the Site (whether due to interruption, limited access, changes in or cancellation of any feature of the Site or otherwise).
9.9. Third-party content. Vario.tv is not the author of Third Party Content, whether contributed by anonymous users or paid content providers. Neither Vario.tv nor any of its affiliates, directors, officers or employees have entered into any sales agency relationship with such third party by virtue of our display of Third Party Content on the Site. Any Third Party Content is the sole responsibility of the party that provided the content. Neither Vario.tv nor any of its affiliates, directors, officers or employees are responsible for the accuracy, propriety, legality or truthfulness of any Third Party Content, and shall not be liable to any User in connection with such User's reliance on such Third Party Content. In addition, neither Vario.tv nor any of its affiliates, directors, officers or employees are responsible for the conduct of any User's activities on the Site, and shall not be liable to any person in connection with any damages suffered by any person as a result of such User's conduct.
9.10. Third-party websites. Vario.tv may allow Users to access content, products or services offered by third parties through hyperlinks (in the form of word links, banners, channels or otherwise) to such Third Party's web site. You acknowledge that Vario.tv has no control over such third party websites, does not monitor such websites, and neither Vario.tv nor any of its affiliates, directors, officers or employees shall be liable to anyone for any such website, or any content, products or services made available on such website. The user is advised to read the terms and conditions and privacy policies of such websites before using such third party websites to understand the terms and conditions of their use of such websites.
9.11. Notwithstanding the above provisions, if Vario.tv is found to have liability, its liability is limited to the greater of a) the amount of the specific disputed transaction, b) the amount of the disputed fees not exceeding the total fees paid by the User to Vario.tv in the 12 months prior to the action giving rise to the liability, or c) EUR 100.
10. INTELLECTUAL PROPERTY RIGHTS OF Vario.tv
10.1. General. Vario.tv is the sole owner or legal licensee of all rights to the Site and the Vario.tv Content. The Site and the Vario.tv Content embody trade secrets and intellectual property rights protected by worldwide copyright and other laws. All title, ownership and intellectual property rights in the Site and the Vario.tv Content shall remain with Vario.tv, its affiliates or licensors of the Vario.tv Content, as the case may be. All rights not otherwise claimed under this Agreement or by Vario.tv are reserved.
10.2. Trademarks and service marks. "Vario.tv" and related icons and logos are registered trademarks or trademarks or service marks of Vario.tv in various jurisdictions and are protected by applicable copyright, trademark and other proprietary rights laws. Unauthorized copying, modification, use or publication of these marks is strictly prohibited.
11. SECURITY
11.1. You are responsible for maintaining the confidentiality and security of your Account and password, and you agree to accept responsibility for all activities that occur under your Account or password. You must notify Vario.tv immediately in the event that the security of your username or password has been breached or compromised.
11.2. You are also responsible for maintaining proper security and control of any and all identification numbers and other codes you use to access the Account.
11.3. You agree not to hold Vario.tv liable for any loss arising out of, or in any way related to, your failure to adequately secure and keep private your account information, email address, any passwords and any other identification numbers/codes used in connection with your Account.
11.4. Vario.tv will not assume any liability, of any kind, for any damages or interruptions caused by computer viruses, spyware, scareware, Trojan horses, worms or other malware that may affect your account, computer or other equipment, or any phishing, phishing or other attack .
11.5. Vario.tv does not guarantee the confidentiality or privacy of any communication or information transmitted on the Site or any site linked to the Site. Vario.tv shall not be responsible for the privacy or security of information, e-mail addresses, registration and identification information, disk space, communications, confidential or proprietary information, or any other content transmitted over networks accessed through the Site, or otherwise connected with your use of the Site.
12. NOTICE TO USERS
All notices or demands to or about a User shall be effective if delivered personally, sent by courier, certified mail, facsimile or e-mail to the last known correspondence, facsimile or e-mail address provided by the User to Vario.tv. or by posting such notice or demand in an area of the Site that is publicly accessible without charge. Notification to a User shall be deemed to have been received by such User if and when:
Vario.tv can prove that the communication, whether in physical or electronic form, has been sent to such User; o
Immediately upon Vario.tv's posting of such notice in a publicly accessible area of the Site without charge.
13. LEGAL DISPUTES
13.1. You and Vario.tv agree that any claim or dispute at law or in equity that has arisen or may arise between us in connection in any way with or arising out of this or prior versions of the Agreement, your use of or access to the Site, the Services, or any products or services sold or purchased through the Sites, services, applications or tools will be resolved in accordance with the provisions set forth in this Legal Disputes Section. Please read this section carefully. It affects your rights and will have a substantial impact on how claims you and Vario.tv have against each other are resolved.
13.2. Applicable law. You agree that the laws of the Republic of Estonia, without regard to principles of conflict of laws, will govern this Agreement and any claim or dispute that has arisen or may arise between you and Vario.tv, except as otherwise provided in the User Agreement.
13.3. Agreement to negotiate and arbitrate. In the event of any dispute, claim, question or disagreement arising out of or relating to this agreement or the breach thereof, the parties hereto shall use their best efforts to resolve the dispute, claim, question or disagreement. To this end, they shall consult and negotiate with each other in good faith and, recognizing their mutual interests, shall attempt to reach a fair and equitable solution that satisfies both parties. If they do not reach such resolution within a period of 60 days, then, upon notice by either party to the other, all disputes, claims, questions or differences shall be finally resolved by arbitration administered by the Tallinn Commercial Arbitrage, which operates under its rules. The place of arbitration shall be Tallinn, Estonia, and the language of arbitration shall be English.
13.4. Prohibition of collective and representative actions and non-individualized compensation. YOU AND Vario.tv AGREE THAT EACH OF US MAY MAKE CLAIMS AGAINST THE OTHER ONLY INDIVIDUALLY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY SUPPOSED COLLECTIVE OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS YOU AND Vario.tv AGREE TO THE CONTRARY, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON OR PARTY CLAIMS, AND MAY NOT PRESIDE IN ANY FORM OF CONSOLIDATED, REPRESENTATIVE OR COLLECTIVE PROCEEDINGS. IN ADDITION, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, REMEDIAL AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE THE RELIEF REQUIRED BY THAT PARTY'S INDIVIDUAL CLAIM(S). ANY DISBURSEMENT GRANTED MAY NOT AFFECT USERS OF ANOTHER SITE.
13.5. Consent to Jurisdiction. In the event it is determined that the above Arbitration Agreement does not apply to you or to a particular claim or dispute, you agree that any claim or dispute that has arisen or may arise between you and Vario.tv shall be resolved exclusively by a court of competent jurisdiction in the Republic of Estonia. You and Vario.tv agree to submit to the personal and exclusive jurisdiction of the courts located within the Republic of Estonia for the purpose of litigating such claims or disputes.
14. MISCELLANEOUS
14.1. This Agreement, the Site Privacy Policy and all policies posted on the Site constitute the entire agreement between the User and Vario.tv with respect to access to and use of the Site, superseding any prior written or oral agreements regarding the same subject matter herein.
14.2. Vario.tv and User are independent contractors, and this Agreement is not intended to and does not create any agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship.
14.3. The failure of Vario.tv to exercise or enforce any right or provision of the terms of this Agreement shall not constitute a waiver of such right or provision.
14.4. If any provision hereof is held invalid or unenforceable, such provision shall be eliminated and shall not affect the validity and enforceability of the remaining provisions of this Agreement.
14.5. The user agrees that there shall be no third party beneficiaries of this agreement.
14.6. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
15. INFORMATION SECURITY POLICY.
15.1. You can pay for the order with Visa, Master Card, Mir bank cards or through Apple Pay payment systems. (You can optimally specify additional payment methods on your site). To pay for the purchase, you will be redirected to the Unitpay payment system server, where you will need to enter the necessary data. When paying by credit card, payment security is guaranteed by Unitpay's processing center.
15.2. The Unitpay payment system has a confirmed certificate of compliance with PCI DSS requirements in terms of storage, processing and transfer of cardholder data. The PCI DSS bankcard security standard is supported by international payment systems, including MasterCard and Visa, Inc. The Unitpay system is also a member of the PCI DSS Compliance Process Continuous Compliance Program (PDCP) Compliance Monitoring. Your confidential data required for payment (card details, registration data, etc.) are not sent to the online store; their processing is carried out by Unitpay's processing center and is fully protected.
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