Terms of Use

Last updated: [PLACEHOLDER: date of approval] (draft based on the version of 2015-12-01)

1. Website Terms of Use

The materials on the website of Awake Europe gemeinnützige UG (haftungsbeschränkt) ("Awake Europe"; the "Site"), which may include text, images, audio clips, video clips, software and other materials (the "Content"), are provided by Awake Europe for informational purposes only. The Site is operated by Awake Europe gemeinnützige UG (haftungsbeschränkt); full provider details are given in the Imprint. By accessing the Site or downloading any Content, you agree to the terms set out below (the "Terms of Use"). If you do not agree to these Terms of Use, please do not access the Site or download any Content.

2. General Disclaimer

Awake Europe intends the Content on the Site to be accurate and reliable. However, since the Content has been compiled from a variety of sources, it is provided to you "as is" and "as available". AWAKE EUROPE ASSUMES NO RESPONSIBILITY TO YOU OR ANY THIRD PARTY FOR ANY ERRORS OR OMISSIONS OF ANY KIND IN THE CONTENT, AND DISCLAIMS ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, AS TO THE CONTENT AND TO ANY MATTER RELATING TO THE SITE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES AND/OR CONDITIONS OF NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. [LEGAL REVIEW REQUIRED]

Links on the Site lead to websites that are not operated or controlled by Awake Europe. Awake Europe provides these links for your convenience and is not responsible for the content of any linked website. Awake Europe makes reasonable efforts to ensure the accuracy of the Content on the Site, but cannot warrant the accuracy, completeness, non-infringement, merchantability or fitness for a particular purpose of any information available through these links, and makes no representation or endorsement whatsoever about any other website you may access through the Site. It is your responsibility to ensure that any website you choose to visit is free of destructive items such as viruses.

IN NO EVENT WILL AWAKE EUROPE BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS SITE OR THE CONTENT AVAILABLE OR REFERRED TO ON THIS SITE, OR ANY OTHER WEBSITE YOU MAY ACCESS THROUGH THIS SITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. [LEGAL REVIEW REQUIRED]

3. Use of the Site

You may not post, upload, publish, reproduce, transmit or otherwise distribute on this Site any information or other material

• that constitutes or encourages conduct that would constitute a criminal offence or give rise to civil liability;
• that is protected by copyright or another intellectual property right, or derivative works thereof, without the permission of the rights holder; or
• otherwise use this Site in a manner that is contrary to law or Netiquette, or that would adversely affect the use of the Site or the Internet by other users, including posting or transmitting information or software containing viruses or other harmful components.

4. Copyright

All Content published on or otherwise accessible through this Site is protected by copyright. The Content, and the copyright in the Content, are owned or controlled by Awake Europe or the respective rights holders. You may use or reproduce the information in the Content only for your own personal, non-commercial or educational purposes. Any other use, reproduction, broadcast, publication or retransmission of the Content requires the prior written permission of the rights holder. You must observe all copyright notices, information and restrictions contained in any Content on or accessed through the Site, and keep such notices in the Content.

5. Trademarks

The Awake Europe name and logo are used by Awake Europe. [PLACEHOLDER: whether the name/logo are registered trademarks, and if so, where] All other products, services and company names mentioned on the Site may be trademarks of their respective owners.

The absence of a notice of existing trademark or other intellectual property rights on the Site does not constitute a waiver of those rights.

You may not use any trademark displayed on the Site without the written permission of Awake Europe or of the respective trademark owner.

6. Privacy

For information on how we handle personal data, please see our Privacy Policy.

7. Indemnity

You agree to indemnify Awake Europe against all claims, costs and expenses, including reasonable legal defence costs, arising in connection with a culpable violation of these Terms of Use by you or in connection with the posting or transmission of any information or other materials on this Site by you. [LEGAL REVIEW REQUIRED]

8. Territory

This Site is operated by Awake Europe gemeinnützige UG (haftungsbeschränkt), with its registered seat in [PLACEHOLDER: registered seat as per the commercial register]. Some offerings referred to on the Site may not be available in all countries. For information, please use the contact details given in the Imprint.

9. Changes

Awake Europe reserves the right to change or remove any Content on the Site, in whole or in part, at its sole discretion, at any time and without notice.

10. Final Provisions

These Terms of Use constitute the entire agreement between Awake Europe and you with respect to your use of this Site. Any failure by Awake Europe to insist upon or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of that provision or of any right. If any provision of these Terms of Use is or becomes invalid or unenforceable, the validity of the remaining provisions shall not be affected. These Terms of Use are governed by the laws of the Federal Republic of Germany. [PLACEHOLDER: place of jurisdiction – only if permissible and wanted; mandatory consumer-protection rules of the consumer's country of residence remain unaffected] [PLACEHOLDER: which language version prevails if both a German and an English version are published] [LEGAL REVIEW REQUIRED]