Terms and Conditions
These terms and conditions (“Agreement”) set forth the general terms and conditions of your use of the www.skylineatlas.com and www.skylineatlas.de and www.skylineatlas.cloud websites (each “Website” or “Service”) and any of its related products and services like our social media channels, newsletters, or apps (collectively, “Services”). This Agreement is legally binding between you (“User”, “you” or “your”) and SKYLINE ATLAS GmbH (“operator”, “we”, “us” or “our”), a corporation under German law. By accessing and using the Websites and Services, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement. If you are entering into this Agreement on behalf of a business or other legal entity, you represent that you have the authority to bind such entity to this Agreement, in which case the terms “User”, “you” or “your” shall refer to such entity. If you do not have such authority, or if you do not agree with the terms of this Agreement, you must not accept this Agreement and may not access and use the Websites and Services. You acknowledge that this Agreement is a contract between you and the operator, even though it is electronic and is not physically signed by you, and it governs your use of the Websites and Services.
1 Free To Use
The use of our websites and services is generally free of charge. A fee will only be charged if you order a product which costs money. For this, you usually enter a shopping cart and prices are clearly displayed. Buying a product is only allowed for people being 18 years and older. If you use paid services, our terms and conditions for digital services also apply in this case.
2 User Content
We do not own any data, information or material (collectively, “Content”) that you submit on the Websites in the course of using the Service. You shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all submitted Content. We may monitor and review the Content on the Websites submitted or created using our Services by you. You grant us permission to access, copy, distribute, store, transmit, reformat, display and perform the Content of your user account solely as required for the purpose of providing the Services to you. Without limiting any of those representations or warranties, we have the right, though not the obligation, to, in our own sole discretion, refuse or remove any Content that, in our reasonable opinion, violates any of our policies or is in any way harmful or objectionable. You also grant us a non-exclusive and continuous license to use, reproduce, adapt, modify, publish, delete, sub-license or distribute the Content created by you or stored in your user account for commercial and non-commercial purpose. This granted license also applies if your user account or your business relationship with us is terminated. If we sell image or video material where you are the creator, you will receive a commission of 50% of the sales. When content of the licensor is published, the licensor can be named by the publisher with the licensor’s real name, the licensor can be pseudonymised, or a copyright attribution can be omitted at the publisher’s own discretion.
3 Accuracy of Information
Occasionally there may be information on the Websites that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, availability, promotions and offers. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Websites or Services is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information on the Websites including, without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Websites should be taken to indicate that all information on the Websites or Services has been modified or updated.
4 Third Party Services
If you decide to enable, access or use third party services, be advised that your access and use of such other services are governed solely by the terms and conditions of such other services, and we do not endorse, are not responsible or liable for, and make no representations as to any aspect of such other services, including, without limitation, their content or the manner in which they handle data (including your data) or any interaction between you and the provider of such other services. You irrevocably waive any claim against the operator with respect to such other services. The operator is not liable for any damage or loss caused or alleged to be caused by or in connection with your enablement, access or use of any such other services, or your reliance on the privacy practices, data security processes or other policies of such other services. You may be required to register for or log into such other services on their respective platforms. By enabling any other services, you are expressly permitting the operator to disclose your data as necessary to facilitate the use or enablement of such other service.
We perform regular backups of the Websites and its Content, however, these backups are for our own administrative purposes only and are in no way guaranteed. You are responsible for maintaining your own backups of your data. We do not provide any sort of compensation for lost or incomplete data in the event that backups do not function properly. We will do our best to ensure complete and accurate backups, but assume no responsibility for this duty.
During your use of the Websites and Services, you may enter into correspondence with or participate in promotions of advertisers or sponsors showing their goods or services through the Websites and Services. Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable third party. We shall have no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and any such third party.
7 Links to Other Resources
Although the Websites and Services may link to other resources (such as websites, mobile applications, etc.), we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked resource, unless specifically stated herein. Some of the links on the Websites may be “affiliate links”. This means if you click on the link and purchase an item, the operator will receive an affiliate commission. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their resources. We do not assume any responsibility or liability for the actions, products, services, and content of any other third parties. You should carefully review the legal statements and other conditions of use of any resource which you access through a link on the Websites and Services. Your linking to any other off-site resources is at your own risk.
8 Prohibited Uses
In addition to other terms as set forth in the Agreement, you are prohibited from using the Websites and Services or Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Websites and Services, third party products and services, or the Internet; (h) to spam, phish, pharm, pretext, spider, crawl, or scrape; (i) for any obscene or immoral purpose; or (j) to interfere with or circumvent the security features of the Websites and Services, third party products and services, or the Internet. We reserve the right to terminate your use of the Websites and Services for violating any of the prohibited uses.
9 Intellectual Property Rights
“Intellectual Property Rights” means all present and future rights conferred by statute, common law or equity in or in relation to any copyright and related rights, trademarks, designs, patents, inventions, goodwill and the right to sue for passing off, rights to inventions, rights to use, and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, rights to claim priority from, such rights and all similar or equivalent rights or forms of protection and any other results of intellectual activity which subsist or will subsist now or in the future in any part of the world. This Agreement does not transfer to you any intellectual property owned by the operator or third parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with the operator. All trademarks, service marks, graphics and logos used in connection with the Websites and Services, are trademarks or registered trademarks of the operator or its licensors. Other trademarks, service marks, graphics and logos used in connection with the Websites and Services may be the trademarks of other third parties. Your use of the Websites and Services grants you no right or license to reproduce or otherwise use any of the operator or third party trademarks.
10 Disclaimer of Warranty
You agree that such Service is provided on an “as is” and “as available” basis and that your use of the Websites and Services is solely at your own risk. We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We make no warranty that the Services will meet your requirements, or that the Service will be uninterrupted, timely, secure, or error-free; nor do we make any warranty as to the results that may be obtained from the use of the Service or as to the accuracy or reliability of any information obtained through the Service or that defects in the Service will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of Service is done at your own discretion and risk and that you will be solely responsible for any damage or loss of data that results from the download of such material and/or data. We make no warranty regarding any goods or services purchased or obtained through the Service or any transactions entered into through the Service unless stated otherwise. No advice or information, whether oral or written, obtained by you from us or through the Service shall create any warranty not expressly made herein.
11 Limitation of Liability
To the fullest extent permitted by applicable law, in no event will the operator, its affiliates, directors, officers, employees, agents, suppliers or licensors be liable to any person for any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use of content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if the liable party has been advised as to the possibility of such damages or could have foreseen such damages. To the maximum extent permitted by applicable law, the aggregate liability of the operator and its affiliates, officers, employees, agents, suppliers and licensors relating to the services will be limited to an amount greater of one dollar or any amounts actually paid in cash by you to the operator for the prior one month period prior to the first event or occurrence giving rise to such liability. The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose.
The information on the Websites and Services do not constitute investment advice, financial advice, trading advice, or any other type of advice. You should not use the content of the websites and services in this way. The publisher explicitly does not recommend that you buy, sell, or hold certain financial assets. Do your own careful research and consult your financial advisor before making any investment decisions.
12 Withdrawal Right
If you reside in a country which requires a withdrawal right by law for private customers (consumers), you have a legal right on withdrawal and are entitled to revoke your declaration of intent aimed at the conclusion of the contract without reasons within usually 14 days after receipt of the service, in text form (e.g. letter, e-mail) or – if the service is received before the expiry of such revocation period – by return of the service. Business customers do not have a withdrawal right.
Consequences of consumer’s withdrawal: In case of a valid withdrawal, reciprocal performance received and emoluments taken if any (e.g. interest) are to be returned. If you are unable to return the performance received or only in deteriorated conditions, you may need to compensate us in this respect. This does not apply if the deterioration is exclusively caused by its examination to the extent it would have been possible in a physical store. Besides, the customer can avoid the obligation to compensate for the deterioration resulting from his use of the products in accordance with their intended purpose by not using the goods as if it was its property and by avoiding any action that might deteriorate the products.
You agree to indemnify and hold the operator and its affiliates, directors, officers, employees, agents, suppliers and licensors harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys’ fees, incurred in connection with or arising from any third party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your Content, your use of the Websites and Services or any willful misconduct on your part.
All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid or unenforceable. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.
15 Dispute Resolution
The formation, interpretation, and performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of Frankfurt am Main, Germany without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of Germany. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the courts located in Frankfurt am Main, Germany , and you hereby submit to the personal jurisdiction of such courts. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
You may not assign, resell, sub-license or otherwise transfer or delegate any of your rights or obligations hereunder, in whole or in part, without our prior written consent, which consent shall be at our own sole discretion and without obligation; any such assignment or transfer shall be null and void. We are free to assign any of its rights or obligations hereunder, in whole or in part, to any third party as part of the sale of all or substantially all of its assets or stock or as part of a merger.
17 Changes and Amendments
We reserve the right to modify this Agreement or its terms relating to the Websites and Services at any time, effective upon posting of an updated version of this Agreement on the Websites. When we do, we will revise the updated date at the bottom of this page. Continued use of the Websites and Services after any such changes shall constitute your consent to such changes.
18 Acceptance of These Terms
You acknowledge that you have read this Agreement and agree to all its terms and conditions. By accessing and using the Websites and Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to access or use the Websites and Services.
19 Contact Information
If you have questions or comments about this document, please contact us at:
SKYLINE ATLAS GmbH
Lange Strasse 59
60311 Frankfurt am Main
Last updated: 2022-02-27