Terms & Conditions

By becoming a customer of this Site, you agree to be bound by this Agreement. Please read these terms and conditions of use carefully before using this Site. THESE TERMS OF USE GOVERN YOUR USE OF THIS SITE, WHICH IS PROVIDED BY POP-FLAVOR-NET (T.H.T. IT SERVICES). BY ACCESSING THE SITE, YOU ARE INDICATING YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THESE TERMS OF USE. THESE TERMS OF USE ARE SUBJECT TO CHANGE BY POP-FLAVOR-NET (T.H.T. IT SERVICES) AT ANY TIME, IN ITS SOLE DISCRETION. YOUR USE OF THE SITE AFTER SUCH CHANGES ARE IMPLEMENTED CONSTITUTES YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THE CHANGES. PLEASE CONSULT THESE TERMS OF USE REGULARLY. 1. Customer Responsibility Customers are responsible for providing all personal computer and communications equipment necessary to gain access to the Service. Access to and use of the Service is through a combination of an ID and a password. Each Customer must keep his password strictly confidential. Unauthorized access to the Service is a breach of this Agreement and a violation of law. 2. Limitation of Liability The owner, its subsidiaries, affiliates, licensors, service providers, content providers, employees, agents, officers, and directors will not be liable for any incidental, direct, indirect, punitive, actual, consequential, special exemplary, or other damages, including loss of revenue or income, pain and suffering, emotional distress, or similar damages, even if POP-FLAVOR-NET (T.H.T. IT Services) has been advised of the possibility of such damages. In no event will the collective liability of the owner and its subsidiaries, affiliates, licensors, service providers, content providers, employees, agents, officers, and directors to any party (regardless of the form of action, whether in contract, tort, or otherwise) exceed the amount you have paid to POP-FLAVOR-NET (T.H.T. IT Services) for the applicable content or service out of which liability arose. 3. Warranties No warranty is made by POP-FLAVOR-NET (T.H.T. IT Services) regarding any information, services, or products provided through or in connection with the Service, and POP-FLAVOR-NET (T.H.T. IT Services) hereby expressly disclaim any and all warranties, including without limitation: 1) any warranties as to the availability, accuracy, or content of information, products, or services; 2) any warranties of merchantability or fitness for a particular purpose. Some states/provinces do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. 4. Proprietary Information The material and content accessible from the Site, and any other World Wide Web site owned, operated, licensed, or controlled by POP-FLAVOR-NET (T.H.T. IT Services) is the proprietary information of POP-FLAVOR-NET (T.H.T. IT Services) or the party that provided the Content to POP-FLAVOR-NET (T.H.T. IT Services), and POP-FLAVOR-NET (T.H.T. IT Services) or the third party that provided the Content to POP-FLAVOR-NET (T.H.T. IT Services) retains all right, title, and interest in the Content. Accordingly, the Content may not be copied, distributed, republished, uploaded, posted, or transmitted in any way. In doing so, you may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Content. Modification or use of the Content except as expressly provided in these Terms of Use violates POP-FLAVOR-NET (T.H.T. IT Services) and third-party owner's intellectual property rights. Neither title nor intellectual property rights are transferred to you by access to the Site. 5. Limitation of Use The material on the Service is for the private, non-commercial enjoyment of Customers only. Any other use is prohibited. 6. Indemnity You will indemnify and hold the owner, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (the "indemnified parties") harmless from any breach of these terms of use by you, including any use of content other than as expressly authorized in these terms of use. You agree that the indemnified parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorney's fees of the indemnified parties in connection therewith. You will also indemnify and hold the indemnified parties harmless from and against any claims brought by the third parties arising out of your use of the information accessed from the site. 7. Arbitration; Governing Law 7.1This Agreement shall be governed by, and construed only in accordance with, the laws of Germany, without giving effect to principles of conflicts of laws. 7.2 The parties agree that any dispute between them arising out of or related to this Agreement and the services hereunder shall be resolved by binding arbitration conducted under the Commercial Arbitration Rules of the International Chamber of Commerce in effect as of the date any such action is initiated. This is an exclusive remedy. Unless another venue is agreed to by both parties, any arbitration conducted pursuant to this paragraph shall take place in Germany. The arbitration and proceedings related thereto shall be conducted in German. A single arbitrator will make a determination and render an award within thirty (30) days of the close of evidence in such arbitration proceeding. The parties waive right to jury trial and agree that the arbitration award will be final and binding and that judgment will be entered thereon in any court of competent jurisdiction. Notwithstanding the foregoing, any party may seek immediate judicial intervention to prevent any unauthorized use or disclosure of theconfidential or proprietary information of the party (or those to whom it owes a duty of confidentiality) bringing any such action. In addition, any party may bring an action in a court of competent jurisdiction to enforce (i) the Arbitration, Venue, and Governing Law provisions hereof and (ii) any arbitration award rendered hereunder, and any such action shall not be deemed a waiver of this arbitration requirement or any other provision hereof. 7.3The venue for any other legal proceedings arising from or connected with this Agreement shall be exclusively in Germany, and no Party shall have the right to challenge venue based upon forum non conveniens or otherwise. In any legal proceeding (including arbitration) arising from, under or in connection with this Agreement, the prevailing Party shall recover the reasonable attorneys’ fees and costs incurred in preparation for and in connection with all arbitration, trial and appellate proceedings, along with such other award(s) rendered by the arbiter. 7.4This Agreement shall be executed in the German language and shall be controlled in all respects by the German language, regardless if this Agreement is translated into another language. 8. Electronic Signatures You hereby acknowledge and agree that physical signatures are not required under this Agreement, and any form of electronic acceptance of the terms of this Agreement, including but not limited to your checking or clicking of the "Register" or "Complete Purchase" box, shall be permissible and acceptable forms of acceptance by you of the terms of this Agreement.

POP-FLAVOR-NET - March 2008