JOKR GENERAL TERMS AND CONDITIONS OF WEBSITE USE (“JOKR WEBSITE T&C”)
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I. Introduction
1. This document sets forth the terms and conditions for access to and use of the Internet service for the provision of electronic services at the www.jokr.com address (“Website”), hereinafter referred to as "JOKR Website T&C".
2. JOKR Website T&C, together with our Privacy Policy is a legal agreement between the User and JOKR Services GmbH (“JOKR”) setting the rules of Website usage. The JOKR Website T&C are not regulating the terms of use of the JOKR Application. The use of the JOKR application requires the acceptance of the relevant terms and conditions.
3. Each natural person, legal person, or an organizational unit without legal personality, to which the law grants legal capacity, using the electronic services available on the Website (“User”), from the moment of undertaking activities aimed at using the Website, is obliged to read, observe, and accept JOKR Website T&C, without limitation or qualification.
4. Users may use the access and services offered on the Website, subject to their prior agreement to the JOKR Website T&C. If the User does not agree to all JOKR Website T&C, they must stop using the Website and leave it immediately.
5. Unauthorized use of the Website’s content, works, or information, as well as unauthorized reproduction, retransmission, or other use of any element of the Website is prohibited, as such action may violate, among other things, copyrights, or protected trademarks.
6. Questions or comments about the Website can be submitted to the following email address: contact@jokr.it.
II. General Provisions
1. JOKR provides access to the content of the Website, in accordance with the JOKR Website T&C.
2. The content and information published on the Website are to inform about the JOKR capital group scope of business activity, initiatives, and activities carried out by capital group entities as well as about formal issues related to the activities of JOKR group companies if necessary.
3. The use of the Website may also require using the services of one or more third parties, such as a wireless carrier or a mobile platform provider. The use of these third-party services may be subject to the separate policies and terms of use of these third parties.
III. Terms of Use of the Website
1. The Website requires the following technical conditions for its proper reception by the User:
a. to have an Internet connection that provides data transmission,
b. to have a web browser, i.e. software used to view content available on the Internet. Disabling the acceptance of cookies and Java scripts may interfere with the proper operation of the Website.
2. Once the User has accepted the JOKR Website T&C, they have the right to view, copy, print, and distribute, without altering the content, the contents of this Website, provided that:
a. the content will be used for informational, non-commercial purposes only;
b. each copy made will contain copyright information or data on the author of the content.
3. It is prohibited to use and copy software, processes, and technologies that are part of the Website.
4. It is forbidden to use the Website:
a. in a way that leads to a violation of applicable laws;
b. in any unlawful or unfair manner, or in a manner designed to achieve an unlawful or unfair purpose;
c. for the purpose of harming children or attempting to cause them any harm;
d. to send, knowingly receive, upload, or use content that does not comply with the JOKR Website T&C;
e. to transmit or provoke the sending of any unsolicited or unauthorized advertising or promotional materials, as well as any form of similar, included in the collective category of spam;
f. to knowingly transmit any data, send, or upload any material containing viruses, Trojan horses, spyware, adware or other harmful program or similar computer code programmed to adversely affect the operation of any computer software or hardware or adversely affect or endanger the User.
IV. Use of the Application & External Links
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1. The Services may display, include or make available content, data, information, applications, or materials from third parties (“Third Party Materials”) or provide links to certain third-party websites. By using the Website, the User acknowledges and agrees that JOKR is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or web sites.
2. JOKR does not warrant or endorse and does not assume and will not have any liability or responsibility to the User or any other person for any third-party services, Third Party Materials, or websites, or for any other materials, products, or services of third parties.
V. Ownership
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1. The Website and its content, including its “look and feel” (e.g., text, graphics, images, logos), proprietary content, information, and other materials, are protected under intellectual property, copyright, trademark, and other laws. The User acknowledges and agrees that JOKR and/or its licensors own all rights, titles and interests in and to the Website (including without limitation any and all patent, copyright, trade secret, trademark, show-how, know-how, and any and all other intellectual property rights therein or related thereto) and the User agrees not to take any action(s) inconsistent with such ownership interests.
2. By accessing the Website the User does not acquire any rights or licenses under any of JOKR’s (or its licensors) patents, patent applications, copyrights, trade secrets, trademarks or other intellectual property rights on account of this Agreement.
3. Any and all (a) suggestions for correction, change, and modification to the Website and other feedback (including but not limited to quotations of written or oral feedback), information, and reports provided to JOKR by the User (collectively “Feedback”), and all (b) improvements, updates, modifications or enhancements, whether made, created or developed by JOKR or otherwise relating to the Website (collectively, “Revisions”), are and will remain the property of JOKR.
4. The User acknowledges and expressly agrees that any contribution of Feedback or Revisions does not and will not give or grant you any right, title, or interest in the Website or in any such Feedback or Revisions. All Feedback and Revisions become the sole and exclusive property of JOKR and JOKR may use and disclose Feedback and/or Revisions in any manner and for any purpose whatsoever without further notice or compensation to the User and without retention of any proprietary or other right or claim.
5. The User hereby assigns to JOKR any and all rights, titles and interests (including, but not limited to, any patent, copyright, trade secret, trademark, show-how, know-how, moral rights, and any and all other intellectual property right) that the User may have in and to any and all Feedback and Revisions. At JOKR’s request, the User will execute any document, registration, or filing required to give effect to the foregoing assignment.
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VI. Disclaimer of Warranties and Limitation of Liability
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1. JOKR and its partners, owners, subsidiaries, and affiliates, and their respective directors, officers, agents, servants, and employees (the “JOKR Entities”) shall not be held liable for your use of the Website, or any injury alleged to have been caused by it. The exercise of this right does not alleviate, amend, eliminate, or abridge your obligation to adhere to applicable laws, nor does it impose an affirmative responsibility on JOKR to verify your adherence to applicable laws.
2. The User expressly acknowledges and agrees that the use of the Website is at their sole risk and that the entire risk as to satisfactory quality, performance, accuracy, and effort is with the User. To the maximum extent permitted by applicable law, the services (including, without limitation, any third-party materials, third-party software, or services) are provided to the User on an “as is'' and “as available” basis, with all faults and without warranty of any kind, and JOKR hereby expressly disclaims all warranties and conditions with respect to the services either express, implied or statutory.
3. JOKR does not warrant that (a) the services will meet User’s requirements, (b) operation of the services will be uninterrupted or virus- or error-free, (c) that the services will operate or be compatible with any other application or any particular system or device, (d) defects in the services will be corrected.
4. No oral or written information or advice provided by JOKR or its authorized agent or representative shall create a warranty.
5. To the extent not prohibited by law, the User agrees that in no event will any JOKR entity be liable (i) for damages of any kind, including direct, indirect, special, exemplary, incidental, consequential or punitive damages (including, but not limited to, procurement of substitute goods or services, loss of use, data or profits, business interruption or any other damages or losses, arising out of or related to your use or inability to use the services), however caused and under any theory of liability, whether under this agreement or otherwise arising in any way in connection with the services or this agreement and whether in contract, strict liability or tort (including negligence or otherwise) even if a JOKR entity has been advised of the possibility of such damage, or (ii) for any other claim, demand or damages whatsoever resulting from or arising out of or in connection with this agreement or the delivery, use or performance of the services, including any loss of property or revenues or any claim, demand or damages arising from any transaction through the services initiated or completed between the User and JOKR.
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VII. Indemnification
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1. By entering into this Agreement and using the Website, the User agrees to indemnify, defend and hold harmless JOKR, and its partners, owners, parent organizations, subsidiaries, and affiliates, and their respective directors, officers, stockholders, agents, servants, employees and attorneys (collectively, “Indemnified Parties”), from and against any and all claims, demands, causes of action, proceedings, losses, damages, fines, penalties, liabilities, judgments, orders, costs and expenses (including reasonable attorneys' fees and legal costs) sustained or incurred by or asserted against the Indemnified Parties by reason of, arising from, or in any way attributable to: (a) User’s violation or breach of any term of this JOKR Website T&C or any applicable law or regulation; (b) User’s violation of any rights of any third party; (c) User’s use or misuse of the Website; or (d) any negligence or wrongful act or omission of or by the User or anyone acting on the User’s behalf.
VIII. Terms and conditions changes
1. The Owner reserves the right to modify these JOKR Website T&C at any time by posting an updated version on the Website, which shall take effect for Users from the moment of publication unless otherwise indicated in the modified JOKR Website T&C.
2. Continued use of the Website constitutes acceptance of the modified JOKR Website T&C.
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IX. Additional Provisions
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1. Should any provision of the JOKR Website T&C be or become invalid or ineffective, the remainder of the JOKR Website T&C shall remain valid. The parties shall replace the invalid or ineffective provision with another provision that reflects the intended purpose as closely as possible.
2. Unless otherwise stipulated, the JOKR Website T&C constitutes the complete and exhaustive agreement between the User and JOKR regarding the use of the Website, to the extent of the content contained therein, and supersede all other agreements, understandings, and contracts regarding the subject matter (content) of the JOKR Website T&C.
3. The relation between the parties shall be governed by, and be construed in accordance with, the laws of the Federal Republic of Germany. The state and federal courts of Germany shall have exclusive jurisdiction over all disputes arising from or in connection with this JOKR Website T&C. Notwithstanding the above provision, Parties can further agree to any means of out-of-court settlement.