General terms and conditions Marketplace

General Terms and Conditions Marketplace (GTC)
The terms and conditions apply only to site users who have created an account here.
None of the rules listed here do not apply to unregistered users!

By creating and operating an account on our website, you automatically agree to follow the guidelines and rules below. You also automatically agree to have read and accepted the following guidelines and declarations!
- General terms and conditions of the forum
- General terms and conditions of the marketplace for customers

I have also understood, read and accepted the following documents as a customer!
- Imprint, liability and copyright
- Privacy

1. Your consent
This is an agreement ("Agreement") between the site operator of this platform ("Hyatlas"), the owner and operator of the website hyatlas.com and all related services offered (together the "Platform") and you ("You", " Your (s) or "User (s)", a user of the Platform.

In this Agreement, the words "Hyatlas", "we", "we" and "our" refer to our company, Hyatlas, as appropriate in connection with the use of the words.

By clicking on "I agree", you agree to access or use the platform to which you are bound by this agreement and the data protection provisions. We may change our terms of use or privacy policy and will notify you if we do so. If you do not agree to the terms of use or the privacy policy, please stop using our platform immediately.

2. User information and accounts
Users may need to register on the platform before they can access parts of the platform. Your data will be collected and shared in accordance with our privacy policy. All users must provide truthful and accurate information when registering for our platform and must be over 13 years old. Users are only allowed to register for one account per user, but two accounts per IP are allowed. We reserve the right to review all user credentials and reject users. You are solely responsible for maintaining the confidentiality of your password and account and for all activities that take place under your account. You agree to notify Hyatlas immediately of any unauthorized use of your account or any other security breach. Hyatlas will not be responsible for any loss you suffer from someone else using your password or account. either with or without your knowledge. When you register for your company, you represent and warrant that you have been authorized by your company to create an account for your company and you represent and warrant that you have been authorized by your company to enter into legally binding agreements for your company .

3. Access and Grant of License to You
After registration and proper payment if required, we will grant you a personal, non-exclusive, revocable, limited license to access the platform and use our services. As a user, you do not receive any ownership rights to any part of the platform. You will only receive the revocable access mentioned above and the license as specified. All rights not expressly granted are reserved by Hyatlas. If you violate one of our usage guidelines listed below, we can revoke your license or your access to use our platform at our own discretion. In addition, we may revoke your license or restrict your access to our platform if we believe that your actions may harm us, our business interests or our discretion. Failure to revoke your license or restrict access does not constitute a waiver of your conduct.

4. Use of the platform
If you use our platform, you are responsible for your use and the use of Hyatlas that you have performed with your account and for the use of the services provided. You agree to the following:
• You may not copy, distribute or disclose any part of the platform in any form, not even through automated or non-automated "scraping".
• You must not attempt to interfere with transmissions to or from the servers on which the platform is running, or to compromise or decrypt system integrity or security.
• You may not use any robot, spider, crawler, scraper or other automated means or interfaces not provided by us to access the platform or to extract data.
• You may not use automated bots or other software to send more messages via our platform than is humanly possible.
• You may not share your license or access with any other party.
• You may not use the Platform on a computer running nuclear facilities, life support, or other business critical applications that could put life or property at risk.
• You may not decompile, reverse engineer, disassemble, modify, rent, sell, lease, loan, distribute or create derivative works or improvements to the Platform or any part of it.
• You must not take any action that would impose an unreasonable or disproportionately high load on our infrastructure, or impose it at your own discretion.
• You must not collect or collect any personally identifiable information, including account names, from the Platform.
• You must not impersonate any person or organization or misrepresent your affiliation with any person or organization.
• You must not infringe or violate the intellectual property, privacy or other contractual rights of any other person while using our platform.
• You may not use the platform for misleading, illegal, defamatory, obscene, invasive, threatening or harassing purposes.
• You must not violate any requirements, procedures, guidelines, or regulations of any Hyatlas connected network.
• You must not disturb or interfere with the platform.
• You must not violate any law or regulation, and you are solely responsible for such violations.
• You agree that you will not hold Hyatlas responsible for the use of our platform. and
• You agree not to disrupt, destroy, manipulate, remove, deactivate or impair any part of our platform, including deactivating or deactivating any part of our platform from a third party website B. by removing it request from a search engine.
If you are found to be taking any of the above actions, your rights to use our platform may be terminated or suspended at our discretion. In general, we will provide a statement for the suspension or termination of your use of our platform. However, Aelion reserves the right to suspend or terminate any account at any time without notice or explanation.

5. User content
Your ability to transmit or transfer information through the Platform, including but not limited to data, information, images, references, or other information, is referred to in this Agreement as "User Content". Please note that we do not need to host, display, migrate, or distribute any of your User Content and we may refuse to accept or transfer any User Content. You agree that you are solely responsible for the user content submitted and you release us from any liability in connection with the user content submitted. We provide industry-standard security for our platform, but cannot guarantee the absolute security of such user content. Any User Content that violates this Agreement or that we consider harmful to the Platform may be changed, edited, or removed at our sole discretion.

When you submit user content to our platform, you represent and guarantee that you own all rights to the user content and have paid for the submitted user content or are otherwise authorized to do so. In addition, you represent and guarantee that all user content is legal and that the user content does not impair any rights or obligations of third parties.

By submitting User Content to us, you are granting Hyatlas, its partners, affiliates, users and agents a nonexclusive, unlimited, fully paid, royalty-free, irrevocable, worldwide, universal, transferable, assignable license to view, distribute, store, broadcast, transmit, Reproduce, modify, prepare derivative works from, or use and reuse all or part of your User Content for the purpose of providing services in connection with the Platform. In addition, you grant Hyatlas a worldwide, perpetual, irrevocable, royalty-free license to use and integrate suggestions, suggestions for improvement, recommendations, corrections or other feedback that you have given in connection with the operation of our platform.

6. Monitor user content
Hyatlas has the right, but not the obligation, to monitor all user content on the platform at any time in order to determine compliance with this agreement and any guidelines we have established. Without limiting the foregoing, Hyatlas has the right, but not the obligation, to remove User Content at its sole discretion. For example, we may remove User Content if we believe that User Content could harm us or our business interests. We are under no obligation to provide you with copies of User Content after termination of this Agreement.

7. Downloads
You are solely responsible for downloading User Content through the Platform. We cannot accept liability for downloads or problems with files or software included in downloads. If any downloads violate our User Content Policy, please notify us immediately.

8. Privacy Policy
We value your privacy and understand your privacy concerns. Our privacy policy is part of this agreement and regulates your access to and use of the platform. Please read our privacy policy so that you understand our privacy practices. All information we collect is subject to our privacy policy. By using the platform, you consent to all of the measures we take with regard to your information in accordance with the data protection guidelines. You also understand that all information collected by Hyatlas may be transferred to Germany and / or other countries in order to be stored, processed and used by Hyatlas and its affiliates.

9. Availability of the platform
Although we try to provide you with continuous availability, we cannot guarantee that the platform will be available, functional or accessible at all times. In addition, Hyatlas is under no obligation to provide the Services to users and may block a user's access to the platform at any time and at our discretion. Only users who are authorized to use our platform are allowed to do so, and we can refuse the service or terminate your access at any time. We cannot guarantee that something found on our platform will work with the functionality you want or that it will provide you with the results you want.

10. Change of platform
We reserve the right to change, modify, update or remove our platform at any time. We can make such changes to our platform for security reasons, for reasons of intellectual property, for legal reasons or for various other reasons at our discretion and are not obliged to explain such changes. For example, we can provide updates to close security gaps or to respond to legal requirements. Please note that this is a non-binding example of how we can exercise our rights under this section. Nothing in this section obliges us to take steps to update the platform for security, legal or other reasons.

11. Payments
Parts of the Platform or certain services offered may require payment and you agree to bear all costs, fees and taxes that are listed. The user authorizes Hyatlas or its third party providers to bill their payment method at the time of purchase. Please note that purchases are processed through our third party payment processors. If applicable, you must agree to our third party payment processing terms and conditions. All information that you provide in connection with a purchase or transaction must be correct, complete and current. If you have not paid or if payments are overdue, Hyatlas may suspend or terminate your access to platform services without accepting any liability to us.

12. Disclaimer of Liability
THE PLATFORM AND ALL SERVICES ARE PROVIDED "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS". NEITHER ASELION, NOR ANY OF OUR EMPLOYEES, MANAGERS, OFFICERS, RESPONSIBILITIES OR REPRESENTATIVES, MEASURES, WARRANTIES OR AUTHORIZATIONS OF ANY KIND, EXPRESS OR IMPLIED, NEITHER EXPRESSLY EXPRESSED ABOUT THE INFORMATION, NEITHER PLACE FOR (3) SERVICES OR (4) SECURITY IN CONNECTION WITH THE TRANSFER OF INFORMATION TO ASELION OR VIA THE PLATFORM. In addition, we make all warranties, express or implied, including, but not limited to, merchantability, fitness for a particular purpose, loss of profits, non-infringement, title, custom, trade, safety and security the dissatisfaction FROM THE COMPUTER VIRUS.

HYATLAS DOES NOT WARRANT THAT THE PLATFORM, INCLUDING THE SERVICES, WILL BE ERROR-FREE OR INTERRUPTED. THESE ERRORS WILL BE FIXED; OR THAT THE PLATFORM OR THE SERVER THAT MAKES THE PLATFORM AVAILABLE IS FREE OF HARMFUL COMPONENTS. SPIGOTMC MAKES NO REPRESENTATION OR WARRANTY THAT THE SERVICES OFFERED WILL BE ACCURATE, COMPLETE, OR USEFUL. ASELION DOES NOT WARRANT THAT YOUR USE OF THE PLATFORM WILL BE ABSOLUTELY LEGAL, AND SPIGOTMC SPECIFICALLY DISCLAIMS THESE WARRANTIES.

15. Limitation of Liability
WHAT MAY BE TRANSFERRED VIA THIRD PARTIES TO OUR PLATFORM, (5) FAILURE OR INTERRUPTION OF SERVICES, INCIDENTAL OR UNINTENDED, OR (6) ANY MEASURES IN CONNECTION WITH THE COPYRIGHT OF THIRD PARTIES OR OTHERS. THE PREVIOUS LIMITATION OF LIABILITY APPLIES TO THE ENTIRE LEGAL FRAMEWORK. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU, AND YOU MAY ALSO HAVE OTHER RIGHTS THAT DIFFERENT FROM THE JURISDICTIONS. IN PARTICULAR, WE ARE NOT EXCLUDED IN THESE JURISDICTIONS FOR: (1) DEATH OR PERSONAL INJURY CAUSED BY THE NEGLIGENCE OF SPIGOTMC OR ITS OFFICIALS, EMPLOYEES OR REPRESENTATIVES; (2) Fraudulent Misrepresentation; OR (3) ANY LIABILITY THAT CANNOT BE EXCLUDED NOW OR IN THE FUTURE. IF AN ENTIRE DISCLAIMER IS NOT ALLOWED, YOU AGREE THAT OUR LIABILITY TO YOU DOES NOT EXCEED 100 EUROS.

16. Compensation
You agree to defend, indemnify and hold harmless Hyatlas, its officers, employees and agents from all claims, damages, obligations, losses, liabilities, costs or debts and expenses (including but not limited to legal fees) that may arise the end:
• Your use of and access to the Hyatlas platform, including all services;
• Your breach of any term of this Agreement;
• your interactions with other uses or third parties; or
• Your violation of any third party rights, including but not limited to copyright, proprietary or contractual rights.
This defense and indemnification obligation remains in effect even after this agreement has expired and your use of the Hyatlas platform. You also agree that you have an obligation to defend us against such claims and we may require you to pay one or more lawyers of our choice in such cases. You agree that such indemnification includes an obligation that you pay for our reasonable attorney fees, legal fees and payouts. In the event of a claim such as the one described in this paragraph, we may choose to coordinate with the party (s) making the claim and you will be liable for the damage as if we had gone through legal proceedings.

17. Copyrights
We take copyright infringement very seriously. If you believe that content that you own has been infringed, please send us a message with the following content:
• Your name.
• The name of the party whose copyright was infringed, if it is different from your name.
• The name and description of the work being violated.
• The position of the infringing copy on our platform.
• A statement that you have a good faith belief that use of the copyrighted works described above is not authorized or otherwise permitted by the copyright owner (or any third party legally authorized to do so on behalf of the copyright owner) Law.
• A statement that you, under penalty of perjury, will swear that the information contained in this notice is accurate and that you own the copyright or have an exclusive legal right to initiate infringement proceedings in relation to its use.
You must sign this notice and send it to our Copyright Agent: Hyatlas Copyright Agent, [email protected]

Reply
In the event that you have received a notification from Hyatlas stating the content of yours was subject to a DMCA, you can respond by giving yourself a counter notification under the DMCA. Your revocation must contain the following:
• Your name, address, email address and your physical or electronic signature.
• The notification reference number (if applicable).
• Identifying the material and its location before it was removed.
• An affidavit that the material was removed accidentally or through misidentification.
Please note that we cannot take any action in relation to your revocation unless your notification exactly meets the above requirements. Please send this counter-notification in accordance with the instructions above for acceptance.

18. Severability Clause
If any provision of this Agreement is found to be unlawful, inconsistent with any other provision of the Agreement, or otherwise unenforceable, the Agreement will remain in effect as if it had been entered into without that unenforceable provision.

If two or more provisions of this Agreement or any other agreement you may have with Hyatlas are found to be in conflict, Hyatlas has the sole right to choose which provision remains in effect.

20. Non-waiver
We reserve all rights to which we are entitled from this contract and the provisions of applicable law. Our failure to enforce any particular provision or provision of this Agreement or applicable law should not be construed as a waiver of the right to enforce the same provision at any later date in the same or different circumstances.

21. Mission and survival
You may not transfer your rights and / or obligations under this contract to any other party without our prior written consent. We may transfer our rights and / or obligations under this contract to another party at our discretion. Any portions of this Agreement that are believed to survive termination will remain in full force and effect upon termination, including, but not limited to, the Limitations of Liability, Representations and Warranties, Licenses, Indemnification and Arbitration sections.

22. Termination
You can cancel your paid subscription or account at any time via your Hyatlas dashboard or contact us at [email protected] Refunds are subject to the Refund Policy contained in this Agreement. Please note that if you terminate your account, access to parts of our platform can be deactivated immediately. We can terminate this contract with you if we discover that: (1) you have violated applicable laws while using our platform; (2) if you violate this agreement or if this is permitted by the platform; or (3) if we believe that any action you take may legally harm Hyatlas or our business interests, in our sole discretion or discretion. In the event of termination, we will endeavor to provide you with an explanation in good time; However, this is not necessary.

23. Entire Agreement
This Agreement and the Privacy Policy represent the full and exclusive understanding and agreement between the parties with respect to the content of this document and supersede any prior or contemporaneous agreements or arrangements made in writing or orally with respect to the content of this document. Any waiver, change or change in any provision of this Agreement will only be effective if signed in writing by a duly authorized representative of each party.

24. Changes
We may change this contract from time to time. If we change this Agreement, we will update this page to include the date it was last changed, or we may send you an email. You can refuse to agree to the changes. Otherwise, however, you must immediately stop using our platform.

25. Electronic communications
Communication between you and Hyatlas takes place electronically, regardless of whether you visit the platform or send Hyatlas emails, or whether Hyatlas publishes notifications on the platform or communicates with you via mobile notifications or emails. For contractual purposes (1) you agree to receive communications from Hyatlas in electronic form; and (2) you agree that all terms, agreements, notices, disclosures and other communications that Hyatlas makes electronically available to you comply with all legal requirements that such communications would meet if made in writing. The foregoing does not affect your statutory rights.

26. Platform Issues and Support
If you have any questions, problems, or problems accessing or using the platform, please contact [email protected]

27. Right of withdrawal / refund
You have the right to withdraw from this contract within fourteen days without giving any reason. The cancellation period is fourteen days from the day the contract was concluded.

In order to exercise your right of withdrawal, you must send us - Hyatlas Creator UG, PO Box 244 54 65 65, 94469 Deggendorf, email: [email protected], telephone number: +49 170 1441862 - by means of a clear statement (e.g. a letter sent by post, fax or e-mail) of your decision to withdraw from this contract. You can use the attached model cancellation form, which is not mandatory.

To meet the cancellation deadline, it is sufficient for you to send the communication regarding your exercise of the right of cancellation before the cancellation period has expired.

Consequences of revocation
If you revoke this contract, we have paid you all payments that we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us have), immediately and at the latest within fourteen days from the day on which we received the notification of your cancellation of this contract. For this repayment, we use the same means of payment that you used in the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged for this repayment.

Please note for digital products:
The right of cancellation expires in the case of a contract for the delivery of digital content that is not on a physical data carrier if we have started to perform the contract after you have expressly consented to us starting to perform the contract before the cancellation period has expired and you have given your consent Knowledge.