LASIFY Terms of Use

Effective date: 01.10.2022

Welcome to lasify.at. We want you to know and understand your rights and our rights in connection with providing the Site (as defined below). Please review them carefully. Here are some important points:
• You can cancel your membership or delete your account at any time.
• You retain ownership of your content, but you grant us the right to use it.
• You remain the owner of your content, but you grant us the right to use it.
• We expect you to act respectfully. If you behave inappropriately, we may terminate your account.
• lasify.at is not responsible for your activities, nor does it make any guarantees.
• If you act inappropriately, we may terminate your account.
• We want to receive feedback from you and you allow us to use it.
• You agree to arbitration in the event of a dispute between us (unless you reside in the European Union).
• If you have questions or need help, there are easy ways to reach us.

Terms of use
The lasify.at websites and related mobile applications and services (collectively, the "Website") are provided to you by lasify.at, with its corporate headquarters at Hahnweg 4, A-8144 Haselsdorf-Toblbad, in accordance with these Terms of Use (the "Terms of Use") and in compliance with dov (the "Privacy Policy"). You agree to comply with these Terms of Use and any supplemental terms and conditions that lasify.at makes available to you through the Site and that are incorporated into these Terms of Use. BY UPLOADING OR DOWNLOADING ANY INFORMATION OR MATERIALS TO OR FROM THE WEBSITE, OR BY INDICATING YOUR ACCEPTANCE OF THESE TERMS OF USE BY CREATING AN ACCOUNT, CLICKING "REGISTER" OR SIMILAR MECHANISM, YOU AGREE TO BE BOUND BY THESE TERMS OF USE. DO NOT ACCESS OR USE THE SITE IF YOU DO NOT AGREE TO THE TERMS OF USE. If you access or use the Site on behalf of a company or other entity, you represent that you have the authority to bind such entity and its affiliates to these Terms and that they are fully binding on them. In such case, the term "you" refers to the organization and its affiliated organizations. If you do not have this authority, you may not access or use our website. These Terms contain disclaimers and limitations of liability that may apply to you. The lasify.at website cannot be provided, and the agreement entered into in these Terms of Use cannot be performed, without lasify.at processing data about you and others, including, among other things, your location data. Processing the data you provide to lasify.at, including location data, is essential to the website we provide and a necessary part of fulfilling our contract with you. Notice Regarding Dispute Resolution: These Terms contain provisions that govern how disputes between you and lasify.at will be resolved, including, unless you reside in the European Union, an agreement to arbitrate, which, with limited exception, requires you to submit claims you bring against us to binding and final arbitration and limits you to submitting only personal claims to lasify.at, unless you choose to object (opt-out) using the following instructions.

Registration and accounts
The Site is intended solely for persons 13 years of age or older, if your jurisdiction has a higher minimum age requirement for use of the Site. If you are under the legal age in your jurisdiction to enter into a binding contract, you represent that a parent or guardian has reviewed and agreed to these terms and conditions on your behalf. In order to use the website, you must register. You agree to: (a) provide true, accurate, current and complete information about you; and (b) maintain and promptly update the information as necessary. You agree that lasify.at may use your information to provide the website you access or use as set forth in these Terms. If you provide any information that is inaccurate or not current, or lasify.at has reasonable grounds to suspect that such information is inaccurate or not current, lasify.at has the right to suspend or terminate your account and refuse any and all current or future use of the Website. In consideration of your use of the Site, you represent and warrant that you are not a person barred from receiving the Services under any applicable law. You are solely responsible for maintaining the confidentiality of the password associated with your account and for restricting access to it and to your computer and cell phone while logged into the Website. You assume responsibility for all activities that occur on your account and/or computer and mobile devices. We strive to take reasonable security measures to protect your account from unauthorized access. However, we cannot guarantee the absolute security of your account, your Content (as defined below), or the personal information you provide, and we cannot promise that our security measures will prevent third-party "hackers" from accessing the Site or its Content. You agree to notify lasify.at immediately of any unauthorized use of your account or password or any other breach of security, and acknowledge that you understand all risks of unauthorized access to the Data and any other information or content you provide to lasify.at. Because portions of the Site are connected to the Google Maps API, you hereby agree that the additional Google Maps/Google Earth Terms of Use (including Google's Privacy Policy) apply to your use of the Site.

Payments and feesn
Payments
To pay any fees, you must provide your preferred payment method (e.g., credit card, online payment service, a third party such as iTunes or Google Play, or other payment method accepted by lasify.at) (the "Payment Method"). By providing your Payment Information, you authorize us and certain third party providers, credit card networks and payment processors to receive, store and decrypt your Payment Information. You can change or update your information on lasify.at payment method. If you paid through the Google Play or iTunes store, you can change your payment method using the appropriate store account. Contrary to the terms of use stated here, lasify.at does not refund fees or issue credits. If your payment provider determines that fraudulent charges are appearing on your account from the use of your payment method for the Site, please contact us immediately at lasify.at. Fees
There are no fees for memberships or the like.

Revocation obligation
If you reside outside of the United States, you are entitled to change your mind and receive a full refund within fourteen (14) days (the "Withdrawal Period"), provided that you have not logged in or otherwise used the Site as a Member during the Withdrawal Period.

Cancellation
Membership cancellation
You can delete your account at any time.
To do this, write an email to info@lasify.at.

Content and behaviors
Content
The information, data, text, software, sounds, photos, graphics, videos, messages, postings, tags, and other materials you make available in connection with the Site ("Content"), whether posted publicly, transmitted privately, or submitted via a third-party API (e.g., a photo submitted via Instagram), belongs to you. You grant us a non-exclusive, transferable, sublicensable, royalty-free, transferable worldwide license to use, reproduce, modify, adapt, publish, translate, distribute, publicly perform, display, or create derivative works from any Content and names, usernames, or images you post on or in connection with the Site in any and all media formats and channels now known or later developed, without compensation to you. This license expires if you delete your content or account. You understand that you, and not lasify.at, are responsible for all Content that you upload, post, email, transmit or otherwise make available through the Site. lasify.at does not routinely screen or monitor Content posted by others through the Site as such and does not guarantee the accuracy, completeness or quality of such Content. lasify.at may, in its sole discretion, screen, monitor, hide, reject or delete any Content, or delete any Content, that violates the Terms or is otherwise objectionable. You understand that by using the Site, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will lasify.at be liable in any way for any Content, including but not limited to any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content made available through the Site. You agree to assume all risks associated with the use of any Content available in connection with the Site, including reliance on the accuracy, completeness or usefulness of such Content. You agree that lasify.at is not responsible for Content posted on the Site and does not endorse such Content. If your Content violates these Terms, you may be required to assume legal responsibility for such Content. No Content will be confidential or proprietary between you and lasify.at, and we will not be liable for any use or disclosure of any Content. You acknowledge and agree that your relationship with lasify.at is not a confidential, fiduciary, or any other type of special relationship, and that your decision to submit any Content will not place lasify.at in a position that is somehow different, including with respect to your Content, from the position held by members of the general public. Your Content is not subject to any obligations of confidence on the part of lasify.at other than those set forth in the Privacy Policy, and lasify.at will not be liable for any use or disclosure of any Content you provide. The Site may provide the option to mark certain Content that you provide as part of the Site as private, public, or available only to certain users of the Site. lasify.at will ensure that the privacy settings that you have made for such Content are honored. However, if you do not choose to keep your content private or make it available only to a limited group, or later change such marking to make the content available to all, you are responsible for the public nature of the content. For more information about managing your privacy settings, please see our Privacy Policy. You grant us permission to use your profile name, profile photo, and information about your activities and the actions you take, including your use of third party products, services, and devices, in advertisements, offers, and other commercial contexts on the lasify.at website without compensation to you. For example, we may indicate to people who follow you on lasify.at that you are using a particular device, product or service from a brand that pays us to display ads on lasify.at. You can adjust your settings to prevent your profile name and profile photo from appearing in advertisements. Behavior


We expect you to comply with lasify.at standards. The Site is for your personal use and not for commercial purposes. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, or commercially transfer or sell any portion of the Site, use of the Site, or access to any Content. You may not use the Website to engage in, or assist or encourage another party to engage in, any of the following prohibited activities:
1. Copying, framing or mirroring any part of the Website
2. Access to the website to monitor its availability, performance or functionality
3. Allow third parties to access the website
4. Software or parts of the website may not be used, copied, modified, reverse engineered, decompiled or derivative works of, extract the source code of the software, unless expressly permitted by lasify.at or required by law, but in no event without prior written notice to lasify.at.
5. By posting, transmitting, distributing or storing any content, information or data that: (1) is unlawful, obscene, defamatory, threatening, harassing, abusive, hateful, or advocates violence; (2) harms (e.g., through viruses, worms, Trojan horses, etc.) or interferes with the Site or any third-party networks, devices, applications, services, or webpages; (3) violates any privacy, intellectual property, publicity, or other personal rights, including without limitation, copyright, trademark, or other intellectual property rights. ) or interfere with, (3) interfere with, weaken, abuse, violate or in any way infringe any privacy, intellectual property, publicity or other personal rights, including, without limitation, copyrights, patents, trademarks, trade secrets or other exclusive know-how (including unauthorized use of domain names), or (4) are fraudulent or contain false, deceptive or misleading statements, claims or representations (such as "phishing")
6. Attempting to disrupt, impair, interfere with, or violate the integrity or security of the Site or another party's computers, services, accounts, or networks (this includes, but is not limited to, "hacking," "denial of service" attacks, etc. ), including any activity that typically precedes attempts to breach security measures, such as scanning, researching, or other testing or vulnerability assessment activities, or using or allowing any network or hosting activity that results in a blacklisting or other blocking of the lasify.at Internet protocol space
7. Failure to pay any applicable taxes or fees owed by you in connection with the Site
8. Committing acts that could be harmful to minors
9. The distribution or disclosure of any portion of the Site in any medium, including the automated or non-automated "scraping" or "on-screen scraping" thereof
10. Using any automated system, including but not limited to "bots," "web crawlers," "offline readers," etc., to access the Site in a manner that sends more requests to lasify.at than a human could reasonably send in the same time period using a conventional web browser
11. Taking any action that, in our sole judgment, could place an unreasonable or disproportionately large burden on our infrastructure
12. Collecting or gathering information about an identified or identifiable individual, including account identifiers and information about website users, from the website
13. Use of the website for inappropriate commercial purposes
14. Access to any Content within the Site by any technology or means other than those provided for or recognized by the Site
15. Submit any personally identifiable information to the Site or to lasify.at, except as necessary to establish and operate your account
16. Transmission of data to the website or to lasify.at that is protected from disclosure by applicable laws
17. Override any measures we may use to prevent or restrict access to the Site, including, without limitation, features that prevent or restrict the use or copying of any Content, or the enforcement of any restrictions on the use of the Site or the Content contained therein
18. Violating any applicable law, statute, ordinance or regulation, or encouraging conduct that could constitute a criminal offense or give rise to civil liability
19. The removal of any copyright, trademark or other proprietary rights content contained in or on the Site; or
20. Perform network monitoring in any form or use any network analyzer or packet sniffer or other technology to intercept, decode, mine or display any packets used to communicate between the Website servers or any other data not intended for you.

You are granted a limited, non-exclusive right to create a text hyperlink to the Site for non-commercial use only, provided that such link does not portray lasify.at or any of its products or services in a false, misleading, derogatory or otherwise defamatory manner and provided that the linked site does not contain pornographic, illegal, offensive, harassing or otherwise objectionable material. You are granted the right to implement any RSS feeds located on the Site for your personal, non-commercial use solely as described on the Site. We reserve the right to revoke these licenses generally, or your right to use certain links or RSS feeds, at any time, with or without cause. You acknowledge that use of certain features of the Site may require you to purchase equipment or materials (e.g., GPS systems) from third parties. Although lasify.at may recommend equipment or materials from certain third parties, lasify.at is not responsible for your purchase or use of any third party equipment or materials, and lasify.at makes no warranty that such third party equipment or materials will be compatible with or free from defects in the Site. You understand that you will be responsible for any charges associated with the sending of communications through your Device. You hereby acknowledge that you have the right to communicate with your contacts through the Website. You represent and warrant that: (i) you are authorized to create your account either personally or on behalf of an organization, (ii) you own the content you post on or through the Site or otherwise have the right to grant the rights and licenses set forth in these Terms, (iii) the posting and use of your content does not infringe, misappropriation of rights or infringement of the rights of any third party, including, but not limited to, privacy rights, publicity rights, copyrights, trademark rights and/or other intellectual property rights, and (iv) you agree to pay all royalties, fees and any other monies owed as a result of Content you post on the Site.

Third parties
Third party products and services made available on the Site are created and offered directly by the applicable third party. When you seek or purchase such a product or service, you acknowledge that you are entering into a contract directly with that third party and not with lasify.at. Your interaction with or participation in any third party sales promotions found on or through the Site, including payment and delivery of goods or services, and any other terms are solely between you and such third party. You are not obligated to use any stores that appear on the Site or to enter into any transactions with any third party. YOU AGREE THAT lasify.at WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE OF ANY KIND WHATSOEVER RESULTING FROM ANY OF YOUR TRANSACTIONS WITH THIRD PARTIES AS SERVICE PROVIDERS OR ADVERTISERS AVAILABLE THROUGH THE WEBSITE. lasify.at or third parties may provide links to other Internet sites or resources through the Site. lasify.at does not endorse, nor shall it be responsible or liable for, any content, information, advertising, products, or other materials on or available from such sites or resources. You acknowledge and agree that lasify.at is not responsible for the availability of such external sites or resources.

Electronic communication
he Site may provide you with the ability to send or post messages to forums or chat rooms, talk over Internet voice connections, or send similar messages and communications to third parties as service providers, advertisers, your personal contacts, others, and/or lasify.at. You agree to use the communication methods available on the Site solely to send messages and materials related to the subject matter for which lasify.at provides the communication method, and further agree that all communications from you shall be deemed to be your content and subject to the Terms of Use and applicable law (including direct mail laws with which you may be required to comply). By using any communication methods available on the Site, you agree that (a) all communication methods constitute public and non-private communications between you and the other party or parties, (b) communications sent to or received from third party providers, advertisers or other third parties are not lasify. at (unless otherwise expressly stated by lasify.at), and (c) communications are not routinely prescreened, subsequently reviewed, screened, archived or otherwise monitored by lasify.at in any manner, although lasify.at reserves the right to do so at any time in its sole discretion. You agree that all notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Property rights
You acknowledge and agree that the Site, any necessary software used in connection with the Site (if any), any aggregated data based on the Content on the Site, and any Content available or made available on the Site contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly permitted by applicable law or as permitted by lasify.at or applicable third party providers or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Site, the Software or any Content available on the Site (other than Content that you may submit), in whole or in part. lasify. at grants you a personal, revocable, non-transferable, non-sublicensable and non-exclusive right and license to access and use the Site, provided that you do not copy, modify, create derivative works from, reverse engineer, reverse assemble or otherwise modify any source code, reverse engineer, reverse assemble, or otherwise attempt to locate, sell, transfer, sublicense, grant a security interest in, or otherwise transfer any rights in the Site (and do not permit any third party to do so), except as permitted by law. You agree that you will not, under any circumstances, access the Site other than through the interfaces provided by lasify.at. The term lasify.at, the lasify.at logo, and other lasify.at logos and product and service names are exclusive trademarks of lasify.at and proprietary to lasify.at, and you may not use or display such marks in any manner without lasify.at's prior written permission. Any third-party trademarks or marks displayed on the Site are the property of their respective owners. lasify.at reserves all rights not expressly granted hereunder.
Claims arising from infringements
The Digital Millennium Copyright Act (the "DMCA") provides a remedy for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. lasify.at also investigates claims of trademark infringement. If you believe in good faith that material hosted by lasify.at infringes your copyright or trademark rights, you (or your agent) may send us a notification requesting that we remove or block access to the material. The notification must include the following: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work or trademark claimed to have been infringed (or, if numerous copyrighted works or trademarks located on the Site are covered by a single service, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject matter of the activity that is infringing, and reasonably sufficient information to permit lasify. at to locate the material on the Site; (d) the name, address, telephone number, and email address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright or trademark owner, its agent, or the law; and (f) a statement that the information in the notification is accurate and made under penalty of perjury, and that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Please note that lasify.at will not respond to complaints that do not meet these requirements. If lasify.at determines that the materials alleged to infringe your copyright or trademark rights do not need to be removed, lasify.at will remove such materials only pursuant to a court order declaring the content or use of the materials to be unlawful. If you believe in good faith that a notice of copyright infringement has been wrongfully given against you, the DMCA permits you to send us a counter-notice. Counter-notices must include the following information: (a) your name, address, and telephone number; (b) the source of the Content that was removed; (c) a statement by you under penalty of perjury that you have a good faith belief that the Content was wrongfully removed; (d) a statement that you consent to the jurisdiction of the federal district court for the judicial district in which your address is located; or, if your address is outside the United States, for any judicial district in which lasify. at can be found, and that you accept service of process from the person who filed the original complaint; and (e) a handwritten or electronic signature (for example, your full typed name). Notices and counter-notices regarding the Site must comply with the then-current rule requirements of the DMCA (see https://copyright.gov/title17/92appb.html) and should be sent to the agent listed below. We recommend that you seek legal advice before submitting an advertisement or counter-notice. Please also note that false claims may be punishable by fines under the DMCA. Instance for reporting alleged infringement:

lasify.at
Hahnweg 4
A-8144 Haselsdorf-Tobelbad
sbk.graz@gmail.com

Your feedback
We welcome your comments, feedback, suggestions, and other communications regarding the Site and the information and services we provide through the Site (collectively, "Feedback"). By providing Feedback, you grant lasify.at a worldwide, non-exclusive, transferable, assignable, sublicensable, perpetual, irrevocable, royalty-free license to copy, distribute, create derivative works from, publicly display and perform and otherwise use such Feedback and to use, make, have made, sell, offer for sale, import and export products and services based on such Feedback. For this reason, we ask that you do not send lasify.at any Feedback for which you do not wish to grant us permission as described above.

Disclaimer of warranty and liability

THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND CONTENT ON THE SITE ARE PROVIDED "AS IS" AND WITHOUT ANY WARRANTY. lasify. at AND ITS SUBSIDIARIES, PARTNERS, EMPLOYEES, EMPLOYEES, REPRESENTATIVES, AGENTS AND LICENSORS DISCLAIM ALL WARRANTIES WITH RESPECT TO SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND CONTENT, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES AND WARRANTIES OF MERCHANTABILITY, SPECIFIC FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. lasify. at AND ITS SUBSIDIARIES, AFFILIATES, EMPLOYEES, EMPLOYEES, REPRESENTATIVES, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT: (a) THIS SERVICE WILL MEET YOUR REQUIREMENTS; (b) YOUR CONTENT WILL BE AVAILABLE OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (c) THE RESULTS OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; (d) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIALS PROVIDED OR OBTAINED BY YOU THROUGH THE SERVICES MEETS YOUR EXPECTATIONS; AND (d) ALL ERRORS IN THE SERVICES ARE CORRECTED. YOU HEREBY RELEASE lasify.at, ITS SUBSIDIARIES, AFFILIATES, BOARD MEMBERS, AGENTS, REPRESENTATIVES, EMPLOYEES, PARTNERS AND LICENSORS (THE "RELEASED PARTIES") FROM ANY LIABILITY WITH RESPECT TO YOUR ACTIVITIES AND/OR USE OF THE lasify. at WEBSITES, MOBILE APPLICATIONS, CONTENT, SERVICES, OR PRODUCTS (INCLUDING, WITHOUT LIMITATION, ALL lasify.at TRAINING PLANS), AND YOU AGREE THAT YOU WILL NOT MAKE ANY CLAIM AGAINST THE RELEASED PARTIES FOR ANY CLAIMS, ACTIONS, INJURIES, DAMAGES, OR LOSSES ARISING OUT OF SUCH USE. YOU FURTHER AGREE THAT IN NO EVENT SHALL THE INDEMNIFIED PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES, CONSEQUENTIAL OR CONSEQUENTIAL DAMAGES ARISING IN ANY FORM OUT OF (a) YOUR USE OR MISUSE OF THE WEBSITE, (b) YOUR USE OR MISUSE OF ANY OF THE OR LISPERS PROVIDED BY lasify. at, (b) YOUR USE OR MISUSE OF ANY EQUIPMENT OR PROGRAM (INCLUDING, but not limited to, lasify. at training plans) I ACTIVITY, (c) YOUR BUSINESS TRANSACTIONS WITH THIRD PARTY PROVIDERS OR ADVERTISERS AVAILABLE THROUGH THE SERVICES, (d) ANY DELAY OR INABILITY TO USE THE WEBSITE, (e) ANY INFORMATION OBTAINED THROUGH THE WEBSITE, SOFTWARE PRODUCTS, PRODUCTS, SERVICES, OR CONTENT, REGARDLESS OF WHETHER BASED ON CONTRACT, TORT, DANGER, OR OTHER REASONS, AND EVEN IF lasify. at HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGE. BECAUSE SOME COUNTRIES/JURISDICTIONS DO NOT ALLOW THE ABOVE LIMITATIONS OF LIABILITY AND DISCLAIMERS, OR PORTIONS THEREOF, SUCH AS THE EXCLUSION OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. DO NOT APPLY TO YOU. YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS WAIVER AND EXPRESSLY WAIVE ANY RIGHTS YOU MAY HAVE UNDER CALIFORNIA CIVIL CODE §1542 (OR ANY SIMILAR APPLICABLE LAW IN ANY OTHER JURISDICTION), WHICH STATES THE FOLLOWING: "A GENERAL WAIVER DOES NOT EXTEND TO CLAIMS OF WHICH THE CREDITOR IS UNAWARE AT THE TIME OF THE WAIVER, OR OF THE EXISTENCE OF WHICH HE OR SHE IS UNAWARE IN HIS OR HER FAVOR, AND WHICH, IF KNOWN TO HIM OR HER, WOULD HAVE HAD A LASTING EFFECT ON HIS OR HER SETTLEMENT WITH THE DEBTOR. " lasify. at DOES NOT SUPPORT YOUR CONTENT OR THAT OF ANY OTHERS AND IS NOT LIABLE TO ANY NATURAL OR LEGAL PERSON INCLUDING, WITHOUT LIMITATION, LIABILITY FOR ANY LOSSES, DAMAGES (WHETHER BASED ON CONCRETE, RESULTS, INDIRECT, INCIDENTAL, OR OTHER DAMAGES), INFRINGEMENT, CLAIMS, LIABILITIES, OR OTHER CAUSES RELATED TO THE CONTENT OF THESE SERVICES. COMPANY'S TOTAL LIABILITY TO YOU UNDER THESE TERMS AND CONDITIONS SHALL NOT EXCEED EITHER (a) FIVE DOLLARS ($50) OR (b) THE TOTAL AMOUNT OF CHARGES PAID BY YOU IN THE LAST 12 MONTHS PRIOR TO CHARGING, WHICHEVER IS LARGER. IF YOU ARE A CONSUMER AND A RESIDENT OF THE EUROPEAN UNION, YOU WILL HAVE LEGAL REMEDIES IF YOU SUFFER LOSS BECAUSE WE HAVE BREACHED OR FAILED TO PERFORM OUR LEGAL DUTIES OR ACTED NEGLIGENTLY, AND THESE TERMS OF USE WILL HAVE NO EFFECT ON THOSE REMEDIES.

Damage compensation
You agree to indemnify lasify. at and its subsidiaries, affiliates, officers, agents, employees, partners and licensors, in any action or claim (including, without limitation, reasonable attorneys' fees) brought by any third party relating to Content you provide through the Site, your use of the Site from which Content you post now or in the future is generated with your connection to the Site, or any violation by you of the Terms, data protection and privacy laws, or the rights of any other person or entity. Your rights against lasify.at will not be affected by the above indemnification clause if this is not permitted by the law in force in the country in which you are resident as a result of your use of the Website.

Dispute resolution
Arbitration
The parties will use their best efforts to resolve any dispute, claim, question or controversy by mutual agreement, which is a prerequisite to commencing a lawsuit or arbitration. Except for disputes involving lasify.at's intellectual property (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents), or if you opt out of this Agreement to arbitrate, all claims arising out of or relating to this Agreement and your use of the Site will be finally settled by binding arbitration. The arbitrator - and not any court or governmental agency - shall have the exclusive authority to resolve any dispute arising out of or relating to this Agreement, including any claim that all or any part of this Agreement is void or voidable. The arbitrator shall have the power to grant any relief of whatever nature that might be granted in a court of law, provided, however, that the arbitrator shall not have the power to award damages, remedies or arbitration awards that are inconsistent with this Agreement. The arbitrator's award shall be binding on the parties and may be registered as a judgment in a court of competent jurisdiction. If the processing fees for the arbitration exceed the cost of filing a lawsuit, lasify.at will pay for the additional costs. You and lasify.at hereby expressly waive any right to trial by jury. You also agree not to participate in any claim brought by a private attorney or one with representative authority, or to participate in any consolidated claim involving another person's account, if lasify.at is a party to the proceeding. This dispute resolution provision is subject to the Federal Arbitration Act. This provision does not apply to users residing in the European Union. The parties acknowledge that the absence of this mandatory provision entitles them to a lawsuit in court and a jury trial. They further understand that in some cases the arbitration costs might exceed the litigation costs and that the right to disclosure might be more limited in arbitration than in court.

Class action waiver
The parties further agree that any arbitration shall be conducted only in its individual capacities and not as a class action or other representative activity. If any court or arbitrator determines that this class action waiver set forth in this Section is invalid or for any reason unenforceable, or arbitration cannot be conducted on a class action basis, then the arbitration provision set forth above shall be deemed null and void in its entirety, and the parties shall be deemed not to have agreed to arbitrate disputes. Exception: court proceedings for disputes with a small amount in dispute Notwithstanding the parties' decision to resolve all disputes through arbitration, any of the parties may also seek judicial resolution of small value disputes under the jurisdiction of the courts.

Time limitation for claims
You agree that any claim you may have arising out of your relationship with lasify.at and these Terms must be filed within one year after such claim arises; otherwise, your claim will be permanently barred. This provision does not apply if you live in the European Union. In that case, the time limitations will be governed by Irish law and, in addition, by the local laws of the European Union member state in which you live (as described in the following paragraph).

Jurisdiction
The place of jurisdiction is Graz, Austria.

Termination
You agree that lasify.at may, under certain serious circumstances and without prior notice, immediately suspend or terminate your account and/or access to the Site. Just cause for such suspension or termination includes, but is not limited to, (a) violations of or breaches of the Terms of Agreement or other incorporated agreements, policies or guidelines, (b) requests by law enforcement or other government authorities, (c) a request by you (self-initiated account deletions), (d) a disruption or material change in the operation of the Site (or any part thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, and/or (g) non-payment of any fees owed by you in connection with Site use. Termination of your account may include (x) removal of access to all offerings under the Site, (y) deletion of your information, files and content associated with your account, and (z) suspension from further use of the Site. You further agree that any suspension or termination for cause shall be at lasify.at's sole discretion, and that lasify.at shall not be liable to you or any third party for any suspension or termination of your account or access to the Site. The following sections will survive any termination of your account and/or the Terms of Agreement: Content and Conduct, Clubs, Proprietary Rights, Your Feedback, Disclaimer of Warranties and Disclaimers, Indemnification, Governing Law and Jurisdiction, and Miscellaneous.

General
You agree that no joint venture, partnership, joint control, employment, or agency relationship exists between you and lasify.at as a result of the Terms of Agreement or your use of the Site. The Terms of Agreement constitute the entire agreement between you and lasify.at with respect to your use of the Site. The failure of lasify.at to exercise or enforce any right or provision of the Terms will not constitute a waiver of such right or provision. If any provision of the Terms is held invalid by a court of competent jurisdiction, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as expressed in the provision, and the remaining provisions of the Terms will remain in full force and effect. You may not assign, delegate or otherwise transfer your account or your obligations under these Terms without lasify.at's prior written consent. lasify.at shall have the right, in its sole discretion, to transfer or assign all or any part of its rights under these Terms, to delegate or appoint third parties as contractors to perform its duties and obligations under these Terms and in connection with the Site. Notice from lasify.at to you by email or regular mail or notices, postings or links on the Site constitutes acceptable notice to you under the Terms. A printed version of the Terms and any notice given in electronic form shall be admissible in judicial or administrative proceedings based on or relating to the Terms to the same extent and subject to the same conditions as other business documents and records originally prepared and maintained in print. Section titles and headings in the Terms are for convenience only and have no legal or contractual effect. Any rights not expressly granted herein are reserved.

Changes in conditions and services
Certain provisions of the Terms and Conditions may be supplemented or superseded by expressly designated legal notices or terms located on particular pages of the Site. lasify.at reserves the right to update the Terms and Conditions at any time and for any reason in its sole discretion. lasify.at will notify you of any material changes to the Terms and Conditions or the Site or other features of the Site. By continuing to access or use the Site after we have notified you of a change, you agree to be bound by the modified Terms. If the modified Terms of Agreement are unacceptable to you, your sole remedy is to discontinue using the Site. lasify.at and its third party service providers may make improvements and/or changes in the Site, products, services, mobile applications, features, programs, and prices at any time in their sole discretion and for any reason. The mobile application may download and install upgrades, updates, and additional features to improve, enhance, and develop the Site. lasify.at reserves the right at any time to modify and discontinue, temporarily or permanently, the Services, or any part thereof, with or without notice. You agree that lasify.at shall not be liable to you or to any third party for any modification, suspension or discontinuance of services.

Support and questions
We answer questions about the website and these terms of use via info@lasify.at.