1.1 These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity (you), and Shipbids GmbH, located atAmalienpark 8, Berlin, Berlin, Berlin 13158, Germany (we, us), concerning your access to and use of the 8bitnews.io (https://8bitnews.io) website as well as any related applications (theSite) as well as our newsletter (the Newsletter).
The Site provides the following services:Newsletter related but not limited to classic computers, 8bit and 16bit technology, DYI projects, learning resources, youtube videos and online courses. (Services). You agree that by accessing the Site, the Newsletter and/or Services, you have read, understood, and agree to be bound by all of these Terms and Conditions.
If you do not agree with all of these Terms and Conditions, then you are prohibited from using the Site, the Newsletter and Services and you must discontinue use immediately. We recommend that you print a copy of these Terms and Conditions for future reference.
1.2 The supplemental policies set out in Section 1.7 below, as well as any supplemental terms and condition or documents that may be posted on the Site from time to time, are expressly incorporated by reference.
1.3 We may make changes to these Terms and Conditions at any time. The updated version of these Terms and Conditions will be indicated by an updated &Revised& date and the updated version will be effective as soon as it is accessible. We will inform you about any update to these Terms and Conditions in the newsletter following an update. You are responsible for reviewing these Terms and Conditions to stay informed of updates. Your continued use of the Site and/or Newsletter represents that you have accepted such changes.
1.4 We may update or change the Site and/or Newsletter from time to time to reflect changes to our products, our user's needs and/or our business priorities.
1.5 Our Site and Newsletter is directed to people residing wherever in the world. The information provided on the Site and/or the Newsletter is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country.
1.6 Additional policies which also apply to your use of the Site and/or Newsletter include:
2.1 You may not access or use the Site and/or the Newsletter for any purpose other than that for which we make the site and our services available. The Site and/or the Newsletter may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
2.2 As a user of this Site and/or the Newsletter, you agree not to:
3.1 You represent and warrant that: (a) all registration information you submit will be true, accurate, current, and complete and relate to you and not a third party; (b) you will maintain the accuracy of such information and promptly update such information as necessary; (c) you have the legal capacity and you agree to comply with these Terms and Conditions; and (d) you are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Site.
3.2 If you provide any information that is untrue, inaccurate, not current or incomplete, we may suspend or terminate your account.
4.1 Unless otherwise indicated, the Site, the Newsletter and Services including source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site and/or Newsletter (Our Content) are owned or licensed to us, and are protected by copyright and trade mark laws.
4.2 Except as expressly provided in these Terms and Conditions, no part of the Site, Services or the Newsletter Content may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission, or stated by us in written form otherwise.
4.3 Provided that you are eligible to use the Site and the Newsletter, you are granted a limited license to access and use the Site and/or the Newsletter Content and to download or print a copy of any portion of the Site’s and/or Newsletter Content to which you have properly gained access solely for your personal, non-commercial use.
4.4 You shall not (a) try to gain unauthorized access to the Site or any networks, servers or computer systems connected to the Site and/or Newsletter; and/or (b) make for any purpose including error correction, any modifications, adaptions, additions or enhancements to the Site and/or the Newsletter Content, including the modification of the paper or digital copies you may have downloaded.
4.5 We shall (a) prepare the Site and the Newsletter Content with reasonable skill and care; and (b) use industry standard virus detection software to try to block the uploading of content to the Site that contains viruses.
4.6 The content on the Site and/or Newsletter is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from taking, any action on the basis of the content on the Site.
4.7 Although we make reasonable efforts to update the information on our Site and/or the Newsletter, we make no representations, warranties or guarantees, whether express or implied, that our Newsletter Content or Our Content on the Site is accurate, complete or up to date.
5.1 The Site and/or the Newsletter may contain links to websites or applications operated by third parties. We do not have any influence or control over any such third party websites or applications or the third party operator. We are not responsible for and do not endorse any third party websites or applications or their availability or content.
5.2 We accept no responsibility for adverts contained within the Site and/or the Newsletter. If you agree to purchase goods and/or services from any third party who advertises in the Site and/or the Newsletter, you do so at your own risk. The advertiser, and not us, is responsible for such goods and/or services and if you have any questions or complaints in relation to them, you should contact the advertiser.
6.1 We reserve the right at our sole discretion, to (1) monitor the Site and/or Newsletter for breaches of these Terms and Conditions; (2) take appropriate legal action against anyone in breach of applicable laws or these Terms and Conditions; (3) remove from the Site and/or Newsletter or otherwise disable all files and content that are excessive in size or are in any way a burden to our systems; and (4) otherwise manage the Site and/or Newsletter in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site, the Newsletter and Services.
6.2 We do not guarantee that the Site and/or Newsletter will be secure or free from bugs or viruses.
6.3 You are responsible for configuring your information technology, computer programs and platform to access the Site and/or the Newsletter and you should use your own virus protection software.
7.1 We reserve the right to change, modify, or remove the contents of the Site and/or Newsletter at any time or for any reason at our sole discretion without notice. We also reserve the right to modify or discontinue all or part of the Services without notice at any time.
7.2 We cannot guarantee the Site, the Newsletter and Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site and/or Newsletter, resulting in interruptions, delays, or errors. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site, the Newsletter or Services during any downtime or discontinuance of the Site, the Newsletter or Services. We are not obliged to maintain and support the Site, the Newsletter or Services or to supply any corrections, updates, or releases.
7.3 There may be information on the Site and/or the Newsletter that contains typographical errors, inaccuracies, or omissions that may relate to the Services, including descriptions, links, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information at any time, without prior notice.
8.1 The Site, the Newsletter and Services are provided on an as-is and as-available basis. You agree that your use of the Site, the Newsletter and/or Services will be at your sole risk except as expressly set out in these Terms and Conditions. All warranties, terms, conditions and undertakings, express or implied (including by statute, custom or usage, a course of dealing, or common law) in connection with the Site, the Newsletter and Services and your use thereof including, without limitation, the implied warranties of satisfactory quality, fitness for a particular purpose and non-infringement are excluded to the fullest extent permitted by applicable law.
We make no warranties or representations about the accuracy or completeness of the Site’s and/or the Newsletter’s content and are not liable for any (1) errors or omissions in content; (2) any unauthorized access to or use of our servers and/or any and all personal information and/or financial information stored on our server; (3) any interruption or cessation of transmission to or from the site or services; and/or (4) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the Site and/or Newsletter by any third party. We will not be responsible for any delay or failure to comply with our obligations under these Terms and Conditions if such delay or failure is caused by an event beyond our reasonable control.
8.2 Our responsibility for loss or damage suffered by you:
Whether you are a consumer or a business user:
Notwithstanding anything to the contrary contained in the Disclaimer/Limitation of Liability section, our liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to a total aggregate amount equal to the greater of (a) the sum of €5000 or (b) the amount paid, if any, by you to us for the Services/Newsletter/Site during the six (6) month period prior to any cause of action arising.
If you are a business user:
We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
If you are a consumer user:
9.1 These Terms and Conditions shall remain in full force and effect while you use the Site, the Newsletter or Services or are otherwise a user of the Site or Newsletter, as applicable. You may terminate your use or participation at any time, for any reason, by following the instructions for terminating user accounts in your account settings, if available, or by contacting us at firstname.lastname@example.org.
9.2 Without limiting any other provision of these Terms and Conditions, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the Site and the Services (including blocking certain IP addresses), to any person for any reason including without limitation for breach of any representation, warranty or covenant contained in these Terms and Conditions or of any applicable law or regulation.
If we determine, in our sole discretion, that your use of the Site/Newsletter/Services is in breach of these Terms and Conditions or of any applicable law or regulation, we may terminate your use or participation in the Site, Newsletter and the Services or delete your profile and any content or information that you posted at any time, without warning, in our sole discretion.
9.3 If we terminate or suspend your account for any reason set out in this Section 9, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
10.1 Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email, in the Newsletter and on the Site, satisfy any legal requirement that such communication be in writing.
You hereby agree to the use of electronic signatures, contracts, orders and other records and to electronic delivery of notices, policies and records of transactions initiated or completed by us or via the Site or Newsletter. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means.
10.2 These Terms and Conditions and any policies or operating rules posted by us on the Site, the Newsletter or in respect to the Services constitute the entire agreement and understanding between you and us.
10.3 Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not operate as a waiver of such right or provision.
10.4 We may assign any or all of our rights and obligations to others at any time.
10.5 We shall not be responsible or liable for any loss, damage, delay or failure to act caused by any cause beyond our reasonable control.
10.6 If any provision or part of a provision of these Terms and Conditions is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and Conditions and does not affect the validity and enforceability of any remaining provisions.
10.7 There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms and Conditions or use of the Site or Services.
10.8 For consumers only - Please note that these Terms and Conditions, their subject matter and their formation, are governed by German law. You and we both agree that the courts of Germany and Berlin will have exclusive jurisdiction. If you have any complaint or wish to raise a dispute under these Terms and Conditions or otherwise in relation to the Site or Newsletter please follow this link http://ec.europa.eu/odr.
10.9 For business users only - If you are a business user, these Terms and Conditions, their subject matter and their formation (and any non-contractual disputes or claims) are governed by German Law. We both agree to the exclusive jurisdiction of the courts of Germany and Berlin.
10.10 A person who is not a party to these Terms and Conditions shall have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these Terms and Conditions.
10.11 In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us by email at email@example.com or by post to:Shipbids GmbH