Terms of Use

Website

(1) These terms of use (“Terms of Use”) apply when you visit this or any other aheadware GmbH (“AHD”) owned or controlled website (“Website”). By browsing any Website or using services or computer programs available on the Websites (“Services”, “Programs”, respectively), you acknowledge that you have read, understood, and agreed to be legally bound by these Terms of Use.

If you do not accept these Terms of Use, then you are not granted permission to browse, access, or otherwise use the Websites, Services, or Programs. These Terms of Use are without prejudice to other applicable policies, rules and regulations, or terms and conditions to which you may be subject when purchasing or otherwise obtaining rights in particular products, services, or the like offered by AHD.

Content

(1) Information, data, text, graphics, images, audio and/or visual recordings or works, Services and Programs, and other materials provided by AHD, its licensors, or you on the Websites (“Content”) may be protected by copyright or their use may be subject to other legal restrictions.

(2) You may not copy, reproduce, republish, upload, post, transmit, distribute, or use for the creation of derivative works, any portion of the Website or Content without prior express consent. AHD may remove, change, update, and introduce improvements or changes to the Website or Content at any time and without notice.

(3) By sending Content to AHD or posting Content on the Website, you hereby grant AHD an unrestricted, irrevocable, perpetual, royalty-free, fully paid-up, assignable, and sublicensable right and license to use, reproduce, display, perform, modify, transmit, create derivative works of, distribute, and otherwise exploit such Content, and you also agree that AHD is free to use any ideas, concepts, know-how, or techniques that you send us for any purpose.

Restrictions on use

By accessing or using the Websites or Content, you agree that you: (i) will not use the Websites or Content for any unlawful purpose; (ii) may not use the Websites or Content to engage in any commercial activities, including, without limitation, advertising or promoting a product, service, or company; (iii) will not access or use the Websites or Content to collect any market research for a competing business; (iv) will not upload, post, e-mail, transmit, or otherwise make available any Content that: (a) is false, deceptive, misleading, deceitful, misinformative, or constitutes a “bait and switch” offer; (b) infringes any copyright, trademark, right of publicity, or other proprietary rights of any person or entity; (c) is threatening, tortious, defamatory, libelous, indecent, obscene, pornographic, invasive of another’s privacy, or promotes violence; or (d) discloses any sensitive information about another person, including that person’s e-mail address, postal address, phone number, credit card information, or any similar information; (v) will not “stalk” or otherwise harass another; (vi) will not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; (vii) will not cover, obscure, block, or in any way interfere with any safety features on the Websites; (viii) will not take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technical infrastructure; (ix) will not use automated means, including spiders, robots, crawlers, data mining tools, or the like to download or scrape data from the Websites or Content, except for Internet search engines and non-commercial public archives that comply with our robots.txt file; (x) will not use any automated device or software that enables the submission of automatic postings on the Websites without human intervention or authorship, including, without limitation, the use of any such automated posting device in connection with bulk postings or for automatic submission of postings at certain times or intervals; and (xi) will not interfere with or attempt to interrupt the proper operation or accessibility of the Websites or Content through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any data, files, or passwords related to the Sites or the Services through hacking, password or data mining, or any other means.

Disclaimer, Liability, Indemnification

(1) AHD, AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, (COLLECTIVELY, “WE”) HEREBY DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS WITH REGARD TO THE WEBSITES AND THE CONTENT INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE. THE WEBSITES AND CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES OF ANY KIND. YOU AGREE THAT YOU USE THE WEBSITES AND CONTENT ENTIRELY AT YOUR OWN RISK. NO ADVICE, RESULTS, OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE WEBSITES OR THE CONTENT SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. NONE OF US SHALL BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO OR USE OF THE WEBSITES OR CONTENT. IF YOU ARE DISSATISFIED WITH THE WEBSITES OR CONTENT, YOUR SOLE REMEDY IS TO DISCONTINUE USING THEM.

(2) IN NO EVENT SHALL ANY OF US BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM BUSINESS INTERRUPTION) RESULTING FROM YOUR USE OR INABILITY TO USE THE WEBSITES OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES – INSOFAR AS THE ABOVE LIMITATIONS OR EXCLUSIONS MAY APPLY TO YOU UNDER APPLICABLE MANDATORY PROVISIONS OF LAW. IN ANY EVENT, OUR LIABILITY SHALL BE LIMITED TO THE LESSER OF (I) ONE HUNDRED DOLLARS, OR (II) THE LOWEST AMOUNT PERMITTED BY APPLICABLE LAW.

(3) You agree to defend, indemnify, and hold us harmless from and against any and all third party claims, losses, liabilities, and expenses (including attorneys’ fees) arising from: (i) your use of and access to the Websites and/or the Content; (ii) your violation of any term of these Terms of Use; and/or (iii) your violation of any third party right. This defense and indemnification obligation will survive termination, modification, or expiration of these Terms of Use.

Miscellaneous

(1) Your use of the Websites and/or the Content may involve the transmission of your personal information. Our policy regarding the processing of personal information is governed by our Privacy Policy (available at superplug.in/privacy), which is hereby incorporated by reference in its entirety.

(2) These Terms of Use shall be construed, interpreted and performed exclusively according to the laws of the Republic of Poland, without regard to the conflict of laws principles thereof. You expressly agree that any action at law or in equity arising out of or directly or indirectly relating to these Terms of Use, the Websites or Content shall be filed only in courts having jurisdiction over the registered office of AHD.

(3) These Terms of Use are effective as of the date stated at the top. AHD may change these Terms of Use from time to time. You must refer back to these Terms of Use on a regular basis. If you visit the Websites or use the Content after a change to these Terms of Use is posted, you will be bound by such change.

If you have any questions regarding the above notices, please contact us.