Terms of Use

Last updated: 03/06/2024

Introduction and acceptance of the conditions

The original version of these Terms of Use is from the German language. Translations may distort the actual meaning and may differ from the actual statements of the original version. The terms of the original version (German) shall apply.

These Terms of Use include and incorporate our Privacy Policy (opens in a new tab) on https://bnder.net/privacy (opens in a new tab) ("Privacy Policy") and constitute a legal agreement between Jan Brinkmann & Bennet Eberhardt ("us", "we", "our", "bnder") and the end users, that is, you ("you", "your" and "you"). If you use any of our services (the Discord bots "Task Manager#4550", "Knowledge Manager#8167" or "Calendar Manager#5911") or our websites (bnder.de , bnder.at, bnder.org and bnder.net) collectively referred to as the Service or Services, you confirm that you confirm that (1.) you are at least 16 years of age and have reached the digital age of majority in your country, (2.) if you have age of majority, you have read, understood, and accepted the Terms of Use, (3.) in the event that you are between the ages of 13 years of age (or digital majority, if applicable) and the age of majority, these Terms of Use must be accepted by agreed to by a parent or guardian, and (4.) all users on your Discord server who interact with our Services, by using or being on the same Discord server or the like, must be made aware of these Terms of Use, our Privacy Policy & Community Guidelines in full. inform you.

We reserve the right to change or update these Terms of Use in order to, among other things, comply with compliance with changing laws or to improve our services. In the event of a change in the nature of your use of our Services or a change that affects your legal rights, we will notify you no later than 14 (fourteen) days before the changes take effect via our Discord server (opens in a new tab). To be aware of future changes, you must join our Discord server or regularly check the current Terms of Use via our website, as we do not have the possibility to reach you in any other way, such as via a Discord direct message or email. reach you. If you use our services after the effective date of the changes, you tacitly agree to the agree to the changes. If you wish to object to a change, you must refrain from using our services. of our services.

1. rights to use the services

Subject to your compliance with these Terms of Use, we grant you a limited, revocable, non-transferable, non-exclusive and non-sublicensable right to use our Services. You agree that (1.) you will not use the Service for any purpose purposes other than those expressly permitted by these Terms of Use, and (2.) not to copy, reproduce, distribute, or sell any (2) not to copy, license, sell, transfer, publicly display, reverse engineer, or otherwise exploit the Services or any portion of the Services, reverse engineer, or otherwise use, and not distribute any works based on the Service or any part of the Service, unless Service except as expressly permitted in these Terms of Use. You are not granted any impliedly or otherwise transfer to you any license or right under any intellectual property rights owned or controlled by us. owned or controlled by us. Exceptions are the rights of use and access expressly granted in these Terms of Use. and access rights**.

We reserve the right to modify or discontinue, temporarily or permanently, the Services, or any part thereof, with or without notice. permanently. We reserve the right to deny any user access to the Services, without notice and for any reason, including but not limited to violations of these Terms of Use. In the event of a violation of these Terms of Use, we reserve the right to issue a warning regarding a violation or to suspend access to our services. or to suspend access to our Services and immediately deny use. You agree that Agree that we may terminate your access without prior notice to you. In addition, no justification need be provided by us regarding any exclusion from use of our Services. be provided.

2. your activities

You are responsible for all activities you have in connection with our Services.

3. communication

You accept that you may receive communications from us in electronic form. These communications will be made via Messages sent to you via the "Discord" communication platform. If you do not wish to receive messages from us you must stop using our services.

You agree not to use our services for spamming, or for the distribution of unsolicited or unlawful content. illegal content.

4 Intellectual Property

All rights, title and interest in and to the Services and all related elements (including designs, text, images, videos, graphics, applications, information, and other files, as well as selection and placement), collectively referred to referred to as "Service Elements," are owned by us. Excluded from this, is your content. You agree that you agree that you will not infringe any proprietary rights by downloading or copying any Service Elements. violate them. You agree that you will not modify, copy, distribute, enhance, reproduce, republish, download, scrape, present, post, transmit, or sell or otherwise exploit in any form or by any means, in whole or in part, any of these exploit. You agree that you do not acquire any proprietary rights by using the Services. All rights, not expressly granted by these Terms of Use are reserved to us.

5. your content

All data, text, graphics, photos and their selection and placement, and any other items you upload through the Services uploaded are "Your Content." You represent and warrant that Your Content originates from you and That you exclusively own the rights to such content. Including the right to grant all rights and licenses in such this meaning, without incurring any obligation or liability by us to any third party. You are solely responsible for Your Content. We are not responsible for any items that you upload, publish or otherwise make available. By uploading, distributing, transmitting or otherwise using your content on our use of your content on our Services, you grant us a perpetual, non-exclusive, transferable, royalty-free, sub-licensable, royalty-free, sublicensable, worldwide license to use, reproduce, and distribute Your Content in connection with the operation and provision of the Services. Services, to use, reproduce, host, modify, adapt, publish, translate, create derivative works from, distribute, display, and perform the Services. translate, create derivative works, distribute, perform and display. No warranty is made by us guarantee the accuracy, quality or integrity of the User Content shared. By using our Services, you acknowledge and accept that you may encounter content that you find offensive or offensive. You agree that under no circumstances will we be liable for any User Content, including, but not limited to, inaccurate User Content, loss or damage arising from the use of User Content. User Content, loss or damage arising from the use of User Content. We reserve the right to remove any of your content for any reason or for without cause, without prior notice, to remove and permanently delete any of Your Content from the Services.

6. behavior and rules of use

The Services provide you with the ability to create and store your own content on our Services. We are not required to monitor this content, but may do so in connection with providing the Services. We may deny or suspend access to your Content at any time. You acknowledge that any User Content is not our responsibility. In addition, you agree not to provide any personally identifiable Data in free text fields with us. We are not liable under any circumstances for any User Content on our services. We are not responsible for any information you share on our Services or for the actions of other of other users. As a condition of your use of the Service, and without limiting your other obligations under these these Terms of Service, you accept the restrictions and rules of use set forth in these Terms of Service, and any other Rules of Use, as well as any additional restrictions and rules, and abide by them. By way of example, you agree Agree not to use our Services to:

Post, upload, transmit or otherwise distribute content that is considered offensive under our . Community Guidelines is considered offensive;
Defame, ridicule, harass, threaten, or harass another person, intimidate or abuse another person;
Engage in fraudulent, illegal or other acts harmful to bnder or other users;
Files that contain any type of malicious software (viruses, Trojan horses, worms, etc.), corrupted files, data or other software or programs of this kind, or any actions that could interfere with the service or equipment of other users. upload or transfer (or attempt to upload or transfer);
Infringe any party's personal, contractual, intellectual property or other right, including. Using, uploading, transmitting, distributing or otherwise making available any information that is made available through the Services that infringes any copyright, trademark, patent, trade secret or other right of any party;
To attempt to obtain passwords or other private information from other users (including tokens);
Misuse support channels or other complaint and help forms to send false reports to us;
Violate any applicable laws or regulations, promote or support illegal activities, including, but not limited to, hacking, cracking, or distributing counterfeit software, hacked accounts or cheats, bugs and hacks for the Service;

These Terms of Use may be incomplete and we reserve the right to object to conduct that we deem to be a breach of the Terms of Use, the Community Guidelines, or misuse of our services. to take action against conduct that we deem to be a violation of the Terms of Use, Community Guidelines, or misuse of our services. This includes blocking access to our services and exclusion from further participation in other services. further participation in other services.

7. Third Party Content

We access third party services to fully provide our services. However, this does not mean, that we endorse third parties or are responsible or liable for their actions. In addition, our Services may link to third party websites. If you use such links, you will leave our services. The use of Third Party Services is subject to their terms of use and privacy policies. We are not responsible for third party content.

8. copyright

We respect intellectual property and ask our users to do the same. If you believe that your intellectual property rights have been infringed, you should notify us of your claim of infringement according to the procedure inform us of your claim of infringement. We will process notices of alleged infringement, investigate them, and take appropriate take appropriate action under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws regarding alleged intellectual property laws with respect to suspected or actual infringement. Notifications of possible copyright infringement should be sent to the email support@bnder.de with the subject line "DMCA Takedown Request". . Your notification should include the following information and data:

An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property rights;
a description of the work or other intellectual property at issue;
a description of where the material that you claim is infringing is located on the Service; and are located;
Your contact information (address, telephone number, and email address);
a statement that use of the work is unauthorized;
a statement by you, made under penalty of perjury, that the information you have provided is accurate and that you are authorized to act on behalf of the owner of the copyright or intellectual property. In the event of a knowingly false claim, of copyright infringement within our services, you assume responsibility for any damages and attorney's fees damages and any legal fees incurred.

If you believe that any Content has been removed in error, you may submit a written counter-notice with the following information to the email listed above:

Your electronic or physical signature;
An identification of the content that was removed and the location where the content was found prior to its removal; and a
A statement that you are satisfied that the content was removed in error;
Your contact information (name, address, telephone number, and email address);

9. deletion

If you stop using our services, we will delete your data within one week. We reserve reserve the right to save your data in the form of data backups for a period of up to 3 months in order to prevent prevent possible data loss or erroneous data deletion. Should your access to our services, we reserve the right to use your identification number, which is linked to your Discord account, for any which is related to your Discord account. This ID serves the identification of your account and consists a pure sequence of numbers. We cannot associate it with any personal data.

10. disclaimer

The Services and the Service Elements are provided "as is" and "as offered" without any express or implied warranties, including but not limited to implied warranty of merchantability, fitness for a particular purpose, title and non-infringement. Rights, provided. Your use of our services is at your own risk. Although we attempt to provide a good user experience, we cannot and do not guarantee that the Services will always be secure or error-free or that the Services will always operate without delays, interruptions or imperfections. The above disclaimers apply to the extent permitted by applicable law.

11 Limitations of Liability

To the fullest extent permitted by law, in no event will bnder be liable to you or any third party for any consequential, incidental, or special, punitive or other indirect damages, including losses or lost data, resulting from your use of the of the Services or any other items you access or download from the Service, whether based on warranty, contract, tort, or any other legal theory, and whether or not they are other legal cause, and whether or not we have advised you of the possibility of such damages. Our liability to you will not exceed 10€. The disclaimers and limitations of liability in these Terms of Use do not do not constitute a limitation of liability or a modification of rights that cannot be excluded under applicable law. may be excluded. Some jurisdictions do not allow the exclusion of implied warranties or the limitation of liability for incidental or consequential damages. This means that some of the above disclaimers and limitations of liability may not apply to you. In these jurisdictions, liability for discrepancies is limited to the extent permitted by law. to the extent permitted by law.

You expressly acknowledge that we are not responsible for User Content, including but not limited to Your Content, or defamatory, offensive or illegal conduct of third parties, and that the risk of harm from any of the above above rests entirely with you.

12. damages

You agree to indemnify and hold us harmless from and against any and all losses, liabilities, claims, damages, costs, expenses and claims arising out of or in connection with: (1.) Your use of the Service and access to the Service. of the Service and access to the Service; (2.) your violation of any of these Terms; (3.) your infringement of any Third Party Rights, including without limitation any copyright, proprietary or privacy right, or any any third party agreement; or (4.) your content or information you post or share on or through the Service. Post or Share. As used in this section, "you" includes anyone who uses your Discord account accessing our Services.

13. general

Applicable Law: By using the Services, you agree that the German laws, without regard to principles of conflict of laws and regardless of your location, will apply to these Terms and any dispute of any kind that may arise between you and us.

Compliance with Terms: Upon a request by us, you will provide us with any documentation, evidence or releases necessary to verify your compliance with these Terms.

Complete Agreement: These Terms constitute the entire agreement between you and bnder with respect to your use of the Services and other Content, and may not be changed or modified by you unless expressly unless they are expressly communicated by us through the Service. Your person may also be subject to additional Terms and Conditions that may apply when you use affiliate or third-party services, content from Third-Party Content, or Third-Party Software.

Waiver: The failure of us to exercise or enforce any right or provision of these Terms of Use does not constitute a enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. A waiver by any party to a breach or default under this Agreement shall not be deemed a waiver of any prior or subsequent breach or default. any prior or subsequent breach or default.

Salvatory Clause: If any provision of these Terms of Use is found to be invalid by any court of competent court of competent jurisdiction, the parties nevertheless agree that the court should endeavor to give effect to the parties' the intentions of the parties contained in the provision. The remaining provisions of these Terms of Use shall remain in full valid and effective to the fullest extent permitted by law.

Transferability: These Terms may not be assigned by you without the prior written consent of us but are freely transferable by us. Subject to the foregoing restriction, these Terms of Use shall be binding, effective and enforceable against the parties and their respective (legal) successors.

Interpretation: You agree that these Terms of Use shall not be construed against us, as we have drafted them.

Claims based on electronic form of these Terms of Use: You hereby waive any and all claims you may have based on the electronic form of these Terms of Use and the failure of the Parties to execute these Terms of Use.

Continuance: You agree that, to the extent the provisions of these Terms of Use are by their nature nature are not limited in time, shall survive the termination of this Agreement.

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