Terms of Use | KTR_Final

1. General Provisions

These Terms of Use constitutes the entire agreement between you, whether acting as an individual or on behalf of a legal entity (“You” or “Your” or the “User”) and VIZTA DGTL GmbH, a company established under the laws of Germany (“We”, “Us”, the “Company”, and “Our”) concerning Your access and use to Our services, including through channels, mobile website or mobile application or other services which may be related and/or linked and/or otherwise connected thereto to Our services and/or offered by Us. Each of You and Us shall also be referred as Party and collectively Parties.
We operate at www.kuturrunway.com (the “Website”). The use in the Website shall be referred in these Terms of Use as the “Services”.
We may, from time to time, publish on the Services additional terms and conditions or other documents which are hereby expressly incorporated herein by reference. We reserve the right, in Our sole discretion, to make any changes or any modifications to these Terms of Use and at any time and for any reason.
The User hereby understands, warrants, and represents that it is the User’s responsibility to periodically review these Terms of Use to stay informed of updates. The User shall be subject to and will be deemed to: (1) have been made aware of changes to the Terms of Use as will be amended from time to time; and (2) to have accepted the amendments in any revised version of the Terms of Use as long as the User continues to use the Services after the date such revised Terms of Use are updated in the Website.
The information on the Services is not intended for distribution and/or to be used by any individual and/or legal entity in any jurisdiction or country where such distribution or use would be in violation to any law and/or regulation and/or which would subject Us to any registration requirement within such jurisdiction or country. Accordingly, any individual and/or legal entity who choose to access the Services and\or the Website from other locations do so on their own initiative and are solely responsible for compliance with the local laws or regulations, and to the extent local laws or regulations are applicable.

2. Provision of the Services

THE SERVICES WILL ONLY BE AVAILABLE TO YOU TO USE IF YOU ACCEPT ALL OF THESE TERMS OF USE. BY USING SERVICES, OR ANY PART OF THEM, OR INDICATING YOUR ACCEPTANCE BY REGISTERING TO THE SERVICES, YOU ARE CONFIRMING THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND AND SUBJECT BY ALL OF THESE TERMS OF USE. IF YOU DO NOT AGREE AND/OR ACCEPT ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY. WE ARE ONLY WILLING TO MAKE THE SERVICE AVAILABLE TO YOU ONLY IF YOU ACCEPT ALL OF THESE TERMS OF USE.

3. Representations by the User

Before using the Services and each time thereafter, You represent and warrant that:

We reserve the sole right to choose jurisdictions to conduct the Services, and We may restrict, block or refuse, in Our sole discretion, any of the provisions of the Services in any jurisdictions and\or to restrict the Services from specific individuals or legal entities.
You have the legal capacity and You agree to comply with all of these Terms of Use and any other legal documents published in the Website;
All the information and documents provided by You and submitted during the registration are Yours, and that they are current, accurate, true, and complete;
You will maintain the accuracy of all information and update Us promptly with any update relevant to Your registration information as necessary;
You will not access the Services through automated and non-human means, whether through a bot, script or otherwise or for building public tools\bots that may facilitate transparency and analysis. Except as expressly mentioned herein;
You will not use the Services for any illegal activity and/or unauthorized purpose.
Your use of the Services will not violate any applicable law and/or regulation.

4. Intellectual Property Rights

Unless otherwise indicated, the Services are Our proprietary property, including but not limited to all source codes, databases, functionalities, software, Website and its design, audio, video, text, photographs, graphics, techniques, methods, systems, processes, know-how, computer software programs, mask works and trade secrets, whether or not patentable, copyrightable or capable of being protected (collectively, the “Content") on the Website.
The Content, trademarks, service marks and logos contained therein (the “IP”) are owned, controlled by Us or licensed to Us.
The IP is protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws, foreign jurisdictions and international conventions.
Except as expressly provided in these Terms of Use, no part of the Services and no Content or IP 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 by a binding legal agreement to do so.
Provided that You are eligible to use the Services according to these Terms of Use, You are granted a limited license to access and use the Services as provided by Us to You solely for your personal, use. We reserve all rights not expressly granted to You in and to the Services, the Content, and the IP.

5. 3rd Party Websites and Content

While using the Services, You may find links to other websites (“3rd Party Websites”) as well as articles, photograph, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“3rd Party Content”).
You hereby acknowledge and agree that any 3rd Party Websites and/or 3rd Party Content are not investigated and/or monitored and/or checked for any accuracy, appropriateness and/or completeness by Us.
You hereby release Us from any responsibility for any 3rd Party Websites accessed through the Services, or any 3rd Party Content posted on, available through, or installed from the Services, including the content and/or accuracy and/or offensiveness and/or opinions and/or reliability and/or privacy practices and/or other policies of and/or contained in the 3rd Party Websites or the 3rd Party Content.
Inclusion of and/or linking to and/or permitting the use or installation of any 3rd Party Websites or any 3rd Party Content does not imply approval or endorsement thereof by Us. By deciding to leave the Services and accessing the 3rd Party Websites and/or to use and/or install any 3rd Party Content, You do so at your own risk and You should be aware that these Terms of Use will no longer be governed or applicable.
If You decide to leave the Services and access the 3rd Party Websites or any 3rd Party Content, We encourage You to review the applicable terms and policies, including but not limited to the privacy and data gathering practices, of any website to which You navigate from the Services and/or relating to any applications You use and/or install that are not related to the Services.
Any purchase You make through 3rd Party Websites will be through other websites and from other companies with no relation to Us, and we take no responsibility whatsoever in relation to such purchases which are exclusively between You and the applicable 3rd party.
You agree and acknowledge that we do not endorse the products and services offered on 3rd Party Websites and You should hold us harmless from any harm caused by your purchase of such products and/or services.
Additionally, You agree and acknowledge to hold us harmless from any losses You sustained resulting in any way from any 3rd Party Content or any contact with 3rd Party Websites.

6. Voluntary Submission of Information By Users

You may send requests, questions, comments, suggestions, ideas, feedback or other information regarding the Services or the Website (“Submissions”) through our “Contact” page.
You acknowledge and agree that any Submission provided by You to us is non-confidential and becomes our sole property. Following any Submission, We shall own exclusive rights, including all intellectual property rights, and should be entitled to the unrestricted use and dissemination of these Submissions to any lawful purpose, commercial, or otherwise, without acknowledgement or compensation to You.
You hereby waive any rights (moral and/or other forms) to any such Submissions, and You hereby warrant that any such Submissions originated with You or that You have the right to submit such Submissions. You agree there should be no recourse against Us for any alleged or actual infringement or misappropriation of any proprietary right in Your Submissions.

7. User Data

In order for Us to provide You with the Services, We must maintain certain data that You transmit for the purpose of managing the performance of the Services, as well as data relating to your use of the Services.
Although We perform regular routine backups of data, You are solely responsible for all data that You transmit and/or that relates to any activity You have undertaken using the Services.
You agree that We shall have no liability to You for any loss or corruption of any such data, and You hereby waive any right of action against Us arising from any such loss or corruption of such data.

8. Governing Law

This Terms of Use and your use of the Services are governed by and constructed in accordance with the laws of Germany and applicable to agreements made and to be entirely performed in Germany, without regard to its conflicts of law principles.

9. Dispute Resolution

n order to expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms of Use (“Dispute”, and “Disputes”) which may arise by either You or Us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration (“Informal Negotiations”). Such Informal Negotiations commence upon written notice from one Party to the other Party.

10. Disclaimers

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR ACCESS TO AND/OR USE OF THE SERVICES ARE AT YOUR SOLE RISK, AND THAT THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, NEITHER WE NOR OUR SUBSIDIARIES, AFFILIATES, AND LICENSORS (IF ANY) MAKE NO EXPRESS WARRANTIES AND HEREBY DISCLAIM ALL IMPLIED WARRANTIES REGARDING THE SERVICES AND ANY PART OF IT (INCLUDING, BUT NOT LIMITED TO, THE WEBSITE, OR ANY EXTERNAL WEBSITES), INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, CORRECTNESS, ACCURACY, OR RELIABILITY. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, NEITHER WE, NOR OUR SUBSIDIARIES, AFFILIATES, AND LICENSORS (IF ANY) REPRESENT OR WARRANT TO YOU THAT: (I) YOUR ACCESS TO AND/OR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS, (II) YOUR ACCESS TO AND/OR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE AND/OR FREE FROM ERROR, (III) ANY USAGE DATA PROVIDED THROUGH THE SERVICES WILL BE CORRECT AND/OR ACCURATE, (III) THE SERVICES AND/OR ANY CONTENT, AND/OR FEATURES MADE AVAILABLE ON AND/OR THROUGH THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, AND/OR (IV) THAT ANY DATA THAT YOU DISCLOSE WHEN YOU USE THE SERVICES WILL BE SECURE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES IN CONTRACTS WITH CONSUMERS, SO SOME AND/OR ALL OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

11. Limitation of liability

YOU UNDERSTAND AND AGREE THAT WE, OUR SUBSIDIARIES, AFFILIATES, AND LICENSORS (IF ANY) WILL NOT BE LIABLE TO YOU AND/OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, AND/OR EXEMPLARY DAMAGES WHICH YOU MAY INCUR, HOWSOEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF PROFITS (WHETHER INCURRED DIRECTLY OR INDIRECTLY), LOSS OF GOODWILL AND/OR BUSINESS REPUTATION, LOSS OF DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS AND/OR SERVICES, AND/OR ANY OTHER INTANGIBLE LOSS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

YOU AGREE AND ACKNOWLEDGE THAT WE HAVE MADE THE SERVICES AVAILABLE TO YOU AND ENTERED INTO THESE TERMS OF USE IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH HEREIN, WHICH REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN THE PARTIES AND FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES. YOU AGREE AND ACKNOWLEDGE THAT WE WOULD NOT BE ABLE TO PROVIDE THE SERVICES TO YOU WITHOUT THESE LIMITATIONS.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, AND SOME JURISDICTIONS ALSO LIMIT DISCLAIMERS OR LIMITATIONS OF LIABILITY FOR PERSONAL INJURY FROM CONSUMER PRODUCTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO PERSONAL INJURY CLAIMS.

12. Miscellaneous Provisions

These Terms of Use and any related policies and/or operating rules posted by Us on the Services, and/or in respect to the Services constitute the entire agreement and understanding between You and Us.
Our failure to exercise or enforce any right or provision of these Terms of Use shall not be deemed as a waiver of such right or provision.
These Terms of Use operate to the fullest extent allowed by law.
We may assign any and/or all of our rights and obligations to others at any time without notifying You in advance and/or without the need for Your consent.
We shall not be responsible and/or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.
If any provision and/or part of a provision of these Terms of Use is determined to be unlawful, void, and unenforceable, that provision and/or part of the provision is deemed severable to these Terms of Use and does not affect the validity and enforceability of any remaining provisions in these Terms of Use.
There is no joint venture, partnership, employment or agency relationship created between You and Us as a result of these Terms of Use and/or from the use of the Services.
You agree that these Terms of Use will not be construed against Us by virtue of having drafted them.
You hereby waive any and all claims and/or defences You may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use