Hyatlas Terms and Conditions
The terms and conditions apply only to site users who have created an account here. The rules listed do not apply to unregistered users!
By creating and operating an account on our website, you automatically agree to abide by the following policies and rules. You also automatically agree to have read and accepted the following policies and statements!
- General terms and conditions of the forum
- General terms and conditions of the marketplace for customers
- General terms and conditions of hosting for customers
- General Terms and Conditions of the Marketplace for Sellers
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 (collectively, 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", as used in connection with the words, refer to our Hyatlas company.
By clicking "I Agree", you consent to the access and use of the Platform to which you are bound by this Agreement and the Privacy Policy. We may change our Terms of Service or Privacy Policy and will notify you if we do. If you do not agree to the Terms of Service or Privacy Policy, please stop using our platform immediately.
2. User Information and Accounts
Users may be required to register on the platform before accessing parts of the platform. Your data will be collected and passed on in accordance with our data protection declaration. All users are required to provide truthful and accurate information when registering for our platform and must be over 13 years of age. 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 data and reject users. You are solely responsible for maintaining the confidentiality of your password and account and for all activities that occur under your account. You agree to immediately notify Hyatlas of any unauthorized use of your account or any other breach of security. Hyatlas will not be responsible for any loss you may incur as a result of someone else using your password or account. Either with or without your knowledge. If you register for your business, you represent and warrant that you are authorized by your business to create an account for your business and you represent and warrant that you are authorized by your business to enter into legally binding agreements for your business.
3. Access and License Grant to You
Upon registration and proper payment, where applicable, we grant you a personal, non-exclusive, revocable, limited license to access the Platform and use our Services. As a user, you do not obtain any ownership rights to any part of the platform. You will only receive revocable access and license as stated above. All rights not expressly granted are reserved by Hyatlas. If you violate any of our Acceptable Use Policies set out below, we may, at our sole discretion, revoke your license or access to use our Platform. In addition, we may revoke your license or limit your access to our platform if we believe your actions may harm us, our business interests, or our discretion. Failure to revoke your license or limit 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 made 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, including by automated or non-automated "scraping".
• You must not attempt to interfere with any transmissions to or from the servers running the Platform or compromise or decrypt system integrity or security.
• You may not use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access the Platform or extract data.
• You may not use automated bots or other software to send more messages through our Platform than humans are capable of.
• You may use your license nz or share your access with others.
• You may not use the Platform on a computer running nuclear power plants, life support or other business critical applications that could endanger life or property.
• You may not decompile, reverse engineer, disassemble, modify, rent, sell, lease, loan, distribute, or create derivative works or enhancements of the Platform or any part of it.
• You may not take any action that imposes an unreasonable or disproportionately large load on our infrastructure or, in your sole discretion, loads it.
• You may not collect or collect any personally identifiable information, including account names, from the Platform.
• You may not impersonate any person or entity or misrepresent your affiliation with any person or entity.
• You must not infringe or violate the intellectual property, privacy or other contractual rights of any other person when using our platform.
• You may not use the Platform for any purpose that is misleading, illegal, defamatory, obscene, intrusive, threatening or harassing.
• You may not violate any requirement, procedure, policy or regulation of any Hyatlas connected network.
• You must not disturb or disturb the platform.
• You must not violate any law or regulation and are solely responsible for such violations.
• You agree that you will not hold Hyatlas responsible for use of our platform. And
• You agree not to disrupt, destroy, tamper with, remove, disable or interfere with any part of our platform, including disabling or disabling any part of our platform from a third party website B. by removing a request from a search engine.
If it is determined that you are taking any of the above actions, your rights to use our Platform may be terminated or suspended at our discretion. Generally, we will provide notice of suspension or termination of your use of our platform. However, Aelion reserves the right to suspend or terminate accounts at any time without notice or explanation.
5. User Content
Your ability to transmit or transmit information through the Platform, including but not limited to data, information, images, links or other information, is referred to in this Agreement as "User Content". Please note that we do not have to host, display, migrate or distribute your User Content and that we may refuse to accept or transmit any User Content. You agree that you are solely responsible for any User Content you submit and you release us from any and all liability related to any User Content you submit. 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 deem harmful to the Platform may be modified, edited, or removed at our sole discretion.
If you submit any User Content to our Platform, you represent and warrant that you own all rights to the User Content and have paid for or otherwise have the right to receive any User Content submitted. In addition, you represent and warrant that all User Content is legal and that User Content will not infringe the rights or obligations of any third party.
By submitting User Content to us, you grant Hyatlas, its partners, affiliates, users and agents a nonexclusive, perpetual, fully paid, royalty-free, irrevocable, worldwide, universal, transferable and assignable license to display, distribute, store and broadcast your Transmit, reproduce, modify, create derivative works from, or use and reuse User Content, in whole or in part, to provide services in connection with the Platform. In addition, you grant Hyatlas a worldwide, perpetual, irrevocable, royalty-free license to use and incorporate any suggestions, enhancements, recommendations, corrections, or other feedback you provide 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 all times to determine compliance with this Agreement and any policies we have established. Without limiting the foregoing, Hyatlas has the right, but not the obligation, to remove any User Content in its sole discretion. For example, we may remove User Content if we believe User Content may harm us or our business interests. We are under no obligation to provide you with copies of any User Content after the termination of this Agreement.
7. Download
You are solely responsible for downloading User Content through the Platform. We assume no liability for downloads or problems with files or software contained 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 forms part of this Agreement and governs your access to and use of the Platform. Please read our Privacy Policy so you understand our privacy practices. All information we collect is subject to our privacy policy. By using the Platform, you consent to all actions we take with respect to your information in accordance with the Privacy Policy. You also understand that any information collected by Hyatlas may be transferred to Germany and/or other countries for storage, processing and use by Hyatlas and its affiliates.
9. Platform Availability
While 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 has no obligation to provide the Services to users and may terminate a user's access to the Platform at any time and in our discretion. Only users who are authorized to use our platform may do so, and we may refuse service or terminate your access at any time. We cannot guarantee that anything on our platform will work with the functionality you want or that it will give you the results you want.
10. Platform change
We reserve the right to change, modify, update or remove our platform at any time. We may make such changes to our Platform for security reasons, intellectual property reasons, legal reasons, or any other variety of reasons at our discretion, and we are under no obligation to explain any such changes. For example, we may provide updates to address security vulnerabilities or to respond to legal requirements. Please note that this is a non-binding example of how we may exercise our rights under this section. Nothing in this section obliges us to take any step to update the Platform for security, legal or other reasons.
11. Payments
Portions of the Platform or certain Services provided may be subject to a fee, and you agree to pay all listed costs, fees and taxes. User authorizes Hyatlas or its third party service providers to charge their payment method at the time of purchase. Please note that purchases are processed through our third party payment processors. You may need to agree to our terms and conditions for third party payment processing. All information you provide in connection with a purchase or transaction must be accurate, complete and current. If you have not paid or payments are overdue, Hyatlas may suspend or terminate your access to Platform Services without liability to us.
12. Disclaimer
THE PLATFORM AND ALL SERVICES ARE PROVIDED "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS." NEITHER ASELION NOR ANY OF OUR EMPLOYEES, MANAGER, OFFICERS, RESPONSIBILITIES OR REPRESENTATIVES MAKES ANY ACTION, WARRANTIES OR APPROVALS OF ANY KIND, EXPRESS OR IMPLIED, EITHER EXPRESSLY EXPRESSED ABOUT THE INFORMATION, NOR LOCATION FOR (3) SERVICES, OR (4) CONNECTION WITH THE TRANSMISSION OF INFORMATION TO HYATLAS OR THROUGH 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, security and dissatisfaction with the computer virus.
HYATLAS DOES NOT WARRANT THAT THE PLATFORM, INCLUDING THE SERVICES, WILL BE ERROR-FREE OR UNINTERRUPTED. THESE ERRORS WILL BE FIXED; OR THAT THE PLATFORM OR THE SERVER THAT MAKES IT AVAILABLE WILL BE FREE OF HARMFUL COMPONENTS. SPIGOTMC MAKES NO REPRESENTATIONS OR GUARANTEE THAT THE SERVICES PROVIDED WILL BE ACCURATE, COMPLETE OR USEFUL. ASELION DOES NOT WARRANT THAT YOUR USE OF THE PLATFORM WILL BE ABSOLUTELY LEGAL, AND SPIGOTMC EXPRESSLY DISCLAIMS SUCH WARRANTIES.
15. Limitation of Liability
WHAT MAY BE TRANSMITTED TO OUR PLATFORM VIA THIRD PARTIES, (5) FAILURE OR INTERRUPTION OF SERVICES, ACCIDENTAL OR ACCIDENTAL, OR (6) ACTIONS RELATING TO THIRD PARTY OR OTHERS COPYRIGHTS. THE FOREGOING LIMITATION OF LIABILITY APPLIES TO ALL JURISDICTIONS. 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 HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION. SPECIFICALLY, WE ARE NOT DISCLAIMED IN SUCH JURISDICTIONS FOR: (1) DEATH OR PERSONAL INJURY CAUSED BY THE NEGLIGENCE OF SPIGOTMC OR ITS OFFICERS, EMPLOYEES OR AGENTS; (2) fraudulent misrepresentation; OR (3) ANY LIABILITY WHICH CANNOT BE EXCLUDED NOW OR IN THE FUTURE. IF A TOTAL DISCLAIMER OF LIABILITY IS NOT ALLOWED, YOU AGREE THAT OUR LIABILITY TO YOU SHALL NOT EXCEED 100 EUROS.
16. Indemnification
You agree to defend, indemnify and hold Hyatlas, its officers, employees and agents harmless from and against any and all claims, damages, obligations, losses, liabilities, costs or debts and expenses (including without limitation attorneys' fees). , which can arise at the end:
• Your use of and access to the Hyatlas Platform, including any Services;
• your breach of any provision of this Agreement;
• Your interactions with other users or third parties; or
• Your violation of any third party right, including but not limited to copyright, property or contract rights.
This defense and indemnification obligation survives the expiration of this Agreement and your use of the Hyatlas Platform. You also agree that you have a duty to defend us against any such claim and that in such cases we may require you to pay an attorney or attorneys of our choice. You agree that such indemnification includes an obligation that you will pay our reasonable attorneys' fees, legal expenses and payouts. In the event of a claim such as that described in this paragraph, we may coordinate with the party(s) making the claim and you will be liable for the damage as if we had instituted legal proceedings.
17. Copyrights
We take copyright infringement very seriously. If you believe that content owned by you has been violated, please send us a message stating the following:
• Your Name.
• The name of the infringing party, if different from your name.
• Name and description of the infringed work.
• The position of the infringing copy on our platform.
• A statement that you have a good faith belief that use of the copyrighted work described above is not authorized or otherwise authorized by the copyright owner (or a third party legally authorized to do so on the copyright owner's behalf).
• A statement that you will swear, under penalty of perjury, that the information contained in this release is accurate and that you own the copyright or have the exclusive legal right to bring infringement proceedings relating to its use.
You must sign this notice and send it to our copyright agent: Hyatlas Copyright Agent, [email protected].
Answer
If you have received a notification from Hyatlas stating that your content is subject to a DMCA, you may respond by submitting a counter-notice to yourself under the DMCA. Your revocation must contain the following:
• Your name, address, email address and physical or electronic signature.
• The notification reference number (if applicable).
• Identifying the material and its location before it is removed.
• A certified statement that the material was removed accidentally or through misidentification.
Please note that we cannot take any action in relation to your withdrawal if your notice does not exactly meet the requirements set out above. Please send this counter-notification for acceptance according to the instructions above.
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 entered into without such unenforceable provision.
If two or more provisions of this Agreement or any other agreement you may have with Hyatlas are found to conflict, Hyatlas shall have the sole right to choose which provision shall remain in effect.
20. Waiver
We reserve all rights to which we are entitled under this contract and the provisions of applicable law. Our failure to enforce any particular term or provision of this Agreement or applicable law should not be construed as a waiver of the right to enforce the same term at a later date in the same or different circumstances.
21. Mission and Survival
You may not transfer your rights and/or obligations under this Agreement to any other party without our prior written consent. We may, at our discretion, transfer our rights and/or obligations under this Agreement to another party. All portions of this Agreement which are deemed to survive termination shall survive termination in full force and effect, including without limitation the sections on Limitations of Liability, Representations and Warranties, Licenses, Indemnification and Arbitration.
22. Termination
You may cancel your paid subscription or account at any time through your Hyatlas Dashboard or by contacting 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 may be disabled immediately. We may terminate this contract with you if we determine that: (1) you have violated any applicable law when using our Platform; (2) if you breach this Agreement or if permitted by the Platform; or (3) if we believe that any action you take could harm Hyatla or our business interests, in our sole judgment or discretion. In the event of termination, we will endeavor to provide you with a timely explanation; However, this is not required.
23. Entire Agreement
This Agreement and the Privacy Policy constitute the entire and exclusive understanding and agreement between the parties with respect to the content of this document and supersede any prior or contemporaneous understandings or understandings, whether written or oral, with respect to the content of this document. Any waiver, modification or modification of 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 Agreement 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 email you. You can refuse to accept the changes. Otherwise, however, you must stop using our platform immediately.
25. Electronic Communications
Communications between you and Hyatlas will be electronic, whether you visit the Platform or send Hyatlas emails, or whether Hyatlas posts notices on the Platform or communicates with you via mobile notifications or emails. For contractual purposes, (1) you agree to receive communications from Hyatlas in electronice form; and (2) you agree that all terms, agreements, notices, disclosures and other communications that Hyatlas provides to you electronically satisfy any legal requirement that such communications would satisfy if they were 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 - Jany GmbH, Innenried 31, 94227 Zwiesel, email: [email protected], telephone number: +49 178 5776906 - by means of a clear statement (e.g. a sent letter, fax or e-mail) about your decision to withdraw from this contract. You can use the attached sample revocation form for this, but this 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 withdraw from this contract, we shall reimburse you for all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered from us), 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 fees for this repayment.
For digital products, please note:
The right of withdrawal expires in the case of a contract for the delivery of digital content that is not stored on a physical data carrier if we have started to execute the contract after you have expressly agreed to us that we can start executing the contract before the end of the withdrawal period start has expired and you have given your consent.