Allgemeine Geschäftsbedingungen

TERMS AND CONDITIONS
Last updated December 01, 2021

TABLE OF CONTENTS
1. AGREEMENT TO TERMS
2. INTELLECTUAL PROPERTY RIGHTS
3. USER REPRESENTATIONS
4. USER REGISTRATION
5. PROHIBITED ACTIVITIES
6. USER GENERATED CONTRIBUTIONS
7. CONTRIBUTION LICENSE
8. GUIDELINES FOR REVIEWS
9. MOBILE APPLICATION LICENSE
10. SUBMISSIONS
11. SITE MANAGEMENT
12. TERM AND TERMINATION
13. MODIFICATIONS AND INTERRUPTIONS
14. GOVERNING LAW
15. DISPUTE RESOLUTION
16. CORRECTIONS
17. DISCLAIMER
18. LIMITATIONS OF LIABILITY
19. INDEMNIFICATION
20. USER DATA
21. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
22. MISCELLANEOUS
23. CONTACT US

1. AGREEMENT TO TERMS
These Terms of Use constitute a legally binding agreement made between you, whether personally
or on behalf of an entity (“you”) and UAB Deimisa ("Company," “we," “us," or “our”), concerning your
access to and use of the https://kondombilliger.de/ website as well as any other media form,
media channel, mobile website or mobile application related, linked, or otherwise connected
thereto (collectively, the “Site”). We are registered in Lithuania and have our registered office
at Dariaus ir Gireno 22-38, Panevezys 37331. Our VAT number is LT100007900019.

You agree that by accessing the Site, you have read, understood, and agreed to be bound by all of these Terms of Use. IF
YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED
FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on the Site from time to
time are hereby expressly incorporated herein by reference. We reserve the right, in our sole
discretion, to make changes or modifications to these Terms of Use from time to time. We will
alert you about any changes by updating the “Last updated” date of these Terms of Use, and you
waive any right to receive specific notice of each such change. Please ensure that you check the
applicable Terms every time you use our Site so that you understand which Terms apply. You will
be subject to, and will be deemed to have been made aware of and to have accepted, the changes

in any revised Terms of Use by your continued use of the Site after the date such revised Terms of
Use are posted.
The information provided on the Site 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. Accordingly, those persons who choose to access the Site from other locations do so on
their own initiative and are solely responsible for compliance with local laws, if and to the extent
local laws are applicable.
The Site is intended for users who are at least 13 years of age. All users who are minors in the
jurisdiction in which they reside (generally under the age of 18) must have the permission of, and
be directly supervised by, their parent or guardian to use the Site. If you are a minor, you must have
your parent or guardian read and agree to these Terms of Use prior to you using the Site.

2. INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated, the Site is our proprietary property and all source code, databases,
functionality, software, website designs, audio, video, text, photographs, and graphics on the Site
(collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the
“Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and
trademark laws and various other intellectual property rights and unfair competition laws of the
United States, international copyright laws, and international conventions. The Content and the
Marks are provided on the Site “AS IS” for your information and personal use only. Except as
expressly provided in these Terms of Use, no part of the Site and no Content or Marks 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.
Provided that you are eligible to use the Site, you are granted a limited license to access and use
the Site and to download or print a copy of any portion of the Content to which you have properly
gained access solely for your personal, non-commercial use. We reserve all rights not expressly
granted to you in and to the Site, the Content and the Marks.

3. USER REPRESENTATIONS
By using the Site, you represent and warrant that: (1) all registration information you submit will be
true, accurate, current, and complete; (2) you will maintain the accuracy of such information and
promptly update such registration information as necessary; (3) you have the legal capacity and
you agree to comply with these Terms of Use; (4) you are not under the age of 13; (5) 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; (6) you will not access the Site through automated or non-human means, whether
through a bot, script, or otherwise; (7) you will not use the Site for any illegal or unauthorized
purpose; and (8) your use of the Site will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the
right to suspend or terminate your account and refuse any and all current or future use of the Site
(or any portion thereof).

4. USER REGISTRATION
 

You may be required to register with the Site. You agree to keep your password confidential and
will be responsible for all use of your account and password. We reserve the right to remove,
reclaim, or change a username you select if we determine, in our sole discretion, that such
username is inappropriate, obscene, or otherwise objectionable.
5. PROHIBITED ACTIVITIES
You may not access or use the Site for any purpose other than that for which we make the Site
available. The Site may not be used in connection with any commercial endeavors except those
that are specifically endorsed or approved by us.
As a user of the Site, you agree not to:
 Systematically retrieve data or other content from the Site to create or compile, directly
or indirectly, a collection, compilation, database, or directory without written permission
from us.
 Trick, defraud, or mislead us and other users, especially in any attempt to learn
sensitive account information such as user passwords.
 Circumvent, disable, or otherwise interfere with security-related features of the Site,
including features that prevent or restrict the use or copying of any Content or enforce
limitations on the use of the Site and/or the Content contained therein.
 Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
 Use any information obtained from the Site in order to harass, abuse, or harm another
person.
 Make improper use of our support services or submit false reports of abuse or
misconduct.
 Use the Site in a manner inconsistent with any applicable laws or regulations.
 Engage in unauthorized framing of or linking to the Site.
 Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other
material, including excessive use of capital letters and spamming (continuous posting
of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of
the Site or modifies, impairs, disrupts, alters, or interferes with the use, features,
functions, operation, or maintenance of the Site.
 Engage in any automated use of the system, such as using scripts to send comments
or messages, or using any data mining, robots, or similar data gathering and extraction
tools.
 Delete the copyright or other proprietary rights notice from any Content.
 Attempt to impersonate another user or person or use the username of another user.
 Upload or transmit (or attempt to upload or to transmit) any material that acts as a
passive or active information collection or transmission mechanism, including without
limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or
other similar devices (sometimes referred to as “spyware” or “passive collection
mechanisms” or “pcms”).
 Interfere with, disrupt, or create an undue burden on the Site or the networks or
services connected to the Site.
 Harass, annoy, intimidate, or threaten any of our employees or agents engaged in
providing any portion of the Site to you.
 Attempt to bypass any measures of the Site designed to prevent or restrict access to
the Site, or any portion of the Site.
 Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML,
JavaScript, or other code.

 Except as permitted by applicable law, decipher, decompile, disassemble, or reverse
engineer any of the software comprising or in any way making up a part of the Site.
 Except as may be the result of standard search engine or Internet browser usage, use,
launch, develop, or distribute any automated system, including without limitation, any
spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or
launching any unauthorized script or other software.
 Use a buying agent or purchasing agent to make purchases on the Site.
 Make any unauthorized use of the Site, including collecting usernames and/or email
addresses of users by electronic or other means for the purpose of sending unsolicited
email, or creating user accounts by automated means or under false pretenses.
 Use the Site as part of any effort to compete with us or otherwise use the Site and/or
the Content for any revenue-generating endeavor or commercial enterprise.
 Use the Site to advertise or offer to sell goods and services.

6. USER GENERATED CONTRIBUTIONS
The Site does not offer users to submit or post content. We may provide you with the opportunity
to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and
materials to us or on the Site, including but not limited to text, writings, video, audio, photographs,
graphics, comments, suggestions, or personal information or other material (collectively,
"Contributions"). Contributions may be viewable by other users of the Site and through third-party
websites. As such, any Contributions you transmit may be treated in accordance with the Site
Privacy Policy. When you create or make available any Contributions, you thereby represent and
warrant that:
 The creation, distribution, transmission, public display, or performance, and the accessing,
downloading, or copying of your Contributions do not and will not infringe the proprietary rights,
including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any
third party.
 You are the creator and owner of or have the necessary licenses, rights, consents, releases, and
permissions to use and to authorize us, the Site, and other users of the Site to use your
Contributions in any manner contemplated by the Site and these Terms of Use.
 You have the written consent, release, and/or permission of each and every identifiable
individual person in your Contributions to use the name or likeness of each and every such
identifiable individual person to enable inclusion and use of your Contributions in any manner
contemplated by the Site and these Terms of Use.
 Your Contributions are not false, inaccurate, or misleading.
 Your Contributions are not unsolicited or unauthorized advertising, promotional materials,
pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
 Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous,
slanderous, or otherwise objectionable (as determined by us).
 Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
 Your Contributions are not used to harass or threaten (in the legal sense of those terms) any
other person and to promote violence against a specific person or class of people.
 Your Contributions do not violate any applicable law, regulation, or rule.
 Your Contributions do not violate the privacy or publicity rights of any third party.
 Your Contributions do not violate any applicable law concerning child pornography, or otherwise
intended to protect the health or well-being of minors.
 Your Contributions do not include any offensive comments that are connected to race, national
origin, gender, sexual preference, or physical handicap.
 Your Contributions do not otherwise violate, or link to material that violates, any provision of
these Terms of Use, or any applicable law or regulation.

Any use of the Site in violation of the foregoing violates these Terms of Use and may result in,
among other things, termination or suspension of your rights to use the Site.
7. CONTRIBUTION LICENSE
You and the Site agree that we may access, store, process, and use any information and personal
data that you provide following the terms of the Privacy Policy and your choices (including
settings).
By submitting suggestions or other feedback regarding the Site, you agree that we can use and
share such feedback for any purpose without compensation to you.
We do not assert any ownership over your Contributions. You retain full ownership of all of your
Contributions and any intellectual property rights or other proprietary rights associated with your
Contributions. We are not liable for any statements or representations in your Contributions
provided by you in any area on the Site. You are solely responsible for your Contributions to the Site
and you expressly agree to exonerate us from any and all responsibility and to refrain from any
legal action against us regarding your Contributions.

8. GUIDELINES FOR REVIEWS
We may provide you areas on the Site to leave reviews or ratings. When posting a review, you must
comply with the following criteria: (1) you should have firsthand experience with the person/entity
being reviewed; (2) your reviews should not contain offensive profanity, or abusive, racist,
offensive, or hate language; (3) your reviews should not contain discriminatory references based
on religion, race, gender, national origin, age, marital status, sexual orientation, or disability; (4) your
reviews should not contain references to illegal activity; (5) you should not be affiliated with
competitors if posting negative reviews; (6) you should not make any conclusions as to the legality
of conduct; (7) you may not post any false or misleading statements; and (8) you may not organize
a campaign encouraging others to post reviews, whether positive or negative.
We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation
to screen reviews or to delete reviews, even if anyone considers reviews objectionable or
inaccurate. Reviews are not endorsed by us, and do not necessarily represent our opinions or the
views of any of our affiliates or partners. We do not assume liability for any review or for any
claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a
perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sublicensable right and
license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute
all content relating to reviews.

9. MOBILE APPLICATION LICENSE
Use License
If you access the Site via a mobile application, then we grant you a revocable, non-exclusive, non-
transferable, limited right to install and use the mobile application on wireless electronic devices
owned or controlled by you, and to access and use the mobile application on such devices strictly
in accordance with the terms and conditions of this mobile application license contained in these
Terms of Use. You shall not: (1) except as permitted by applicable law, decompile, reverse
engineer, disassemble, attempt to derive the source code of, or decrypt the application; (2) make

any modification, adaptation, improvement, enhancement, translation, or derivative work from the
application; (3) violate any applicable laws, rules, or regulations in connection with your access or
use of the application; (4) remove, alter, or obscure any proprietary notice (including any notice of
copyright or trademark) posted by us or the licensors of the application; (5) use the application for
any revenue generating endeavor, commercial enterprise, or other purpose for which it is not
designed or intended; (6) make the application available over a network or other environment
permitting access or use by multiple devices or users at the same time; (7) use the application for
creating a product, service, or software that is, directly or indirectly, competitive with or in any way
a substitute for the application; (8) use the application to send automated queries to any website or
to send any unsolicited commercial e-mail; or (9) use any proprietary information or any of our
interfaces or our other intellectual property in the design, development, manufacture, licensing, or
distribution of any applications, accessories, or devices for use with the application.
Apple and Android Devices
The following terms apply when you use a mobile application obtained from either the Apple Store
or Google Play (each an “App Distributor”) to access the Site: (1) the license granted to you for our
mobile application is limited to a non-transferable license to use the application on a device that
utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the
usage rules set forth in the applicable App Distributor’s terms of service; (2) we are responsible for
providing any maintenance and support services with respect to the mobile application as specified
in the terms and conditions of this mobile application license contained in these Terms of Use or as
otherwise required under applicable law, and you acknowledge that each App Distributor has no
obligation whatsoever to furnish any maintenance and support services with respect to the mobile
application; (3) in the event of any failure of the mobile application to conform to any applicable
warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with
its terms and policies, may refund the purchase price, if any, paid for the mobile application, and to
the maximum extent permitted by applicable law, the App Distributor will have no other warranty
obligation whatsoever with respect to the mobile application; (4) you represent and warrant that (i)
you are not located in a country that is subject to a U.S. government embargo, or that has been
designated by the U.S. government as a “terrorist supporting” country and (ii) you are not listed on
any U.S. government list of prohibited or restricted parties; (5) you must comply with applicable
third-party terms of agreement when using the mobile application, e.g., if you have a VoIP
application, then you must not be in violation of their wireless data service agreement when using
the mobile application; and (6) you acknowledge and agree that the App Distributors are third-party
beneficiaries of the terms and conditions in this mobile application license contained in these
Terms of Use, and that each App Distributor will have the right (and will be deemed to have
accepted the right) to enforce the terms and conditions in this mobile application license contained
in these Terms of Use against you as a third-party beneficiary thereof.

10. SUBMISSIONS
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other
information regarding the Site ("Submissions") provided by you to us are non-confidential and shall
become our sole property. We shall own exclusive rights, including all intellectual property rights,
and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful
purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby
waive all moral rights to any such Submissions, and you hereby warrant that any such
Submissions are original with you or that you have the right to submit such Submissions. You
agree there shall be no recourse against us for any alleged or actual infringement or
misappropriation of any proprietary right in your Submissions.

11. SITE MANAGEMENT
We reserve the right, but not the obligation, to: (1) monitor the Site for violations of these Terms of
Use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law
or these Terms of Use, including without limitation, reporting such user to law enforcement
authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the
availability of, or disable (to the extent technologically feasible) any of your Contributions or any
portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from
the Site or otherwise disable all files and content that are excessive in size or are in any way
burdensome to our systems; and (5) otherwise manage the Site in a manner designed to protect
our rights and property and to facilitate the proper functioning of the Site.
12. TERM AND TERMINATION
These Terms of Use shall remain in full force and effect while you use the Site. WITHOUT
LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE
RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY
ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES),
TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT
LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT
CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR
REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR
DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED
AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, 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.
13. MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Site at any time or for any
reason at our sole discretion without notice. However, we have no obligation to update any
information on our Site. We also reserve the right to modify or discontinue all or part of the Site
without notice at any time. We will not be liable to you or any third party for any modification, price
change, suspension, or discontinuance of the Site.
We cannot guarantee the Site will be available at all times. We may experience hardware,
software, or other problems or need to perform maintenance related to the Site, resulting in
interruptions, delays, or errors. We reserve the right to change, revise, update, suspend,
discontinue, or otherwise modify the Site at any time or for any reason without notice to you. You
agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your
inability to access or use the Site during any downtime or discontinuance of the Site. Nothing in
these Terms of Use will be construed to obligate us to maintain and support the Site or to supply
any corrections, updates, or releases in connection therewith.

14. GOVERNING LAW

These conditions are governed by and interpreted following the laws of Sweden, and the use of the
United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.
If your habitual residence is in the EU, and you are a consumer, you additionally possess the
protection provided to you by obligatory provisions of the law of your country of residence. UAB
deimisa and yourself both agree to submit to the non-exclusive jurisdiction of the courts
of __________, which means that you may make a claim to defend your consumer protection rights
in regards to these Conditions of Use in Sweden, or in the EU country in which you reside.

15. DISPUTE RESOLUTION
The European Commission provides an online dispute resolution platform, which you can access
here: https://ec.europa.eu/consumers/odr. If you would like to bring this subject to our attention,
please contact us.

16. CORRECTIONS
There may be information on the Site that contains typographical errors, inaccuracies, or
omissions, including descriptions, pricing, availability, and various other information. We reserve
the right to correct any errors, inaccuracies, or omissions and to change or update the information
on the Site at any time, without prior notice.

17. DISCLAIMER
THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR
USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST
EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN
CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT
LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR
REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S
CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL
ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR
INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY
DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND
USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE
SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL
INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF
TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR
THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD
PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR
FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY
CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE
DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY
PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE
SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION
FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO
OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU
AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE
PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY
ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION
WHERE APPROPRIATE.

18. LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO
YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY,
INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST
REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE,
EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR
LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF
THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO
US. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS
ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF
THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR
LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

19. INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all
of our respective officers, agents, partners, and employees, from and against any loss, damage,
liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third
party due to or arising out of: (1) use of the Site; (2) breach of these Terms of Use; (3) any breach
of your representations and warranties set forth in these Terms of Use; (4) your violation of the
rights of a third party, including but not limited to intellectual property rights; or (5) any overt
harmful act toward any other user of the Site with whom you connected via the Site.
Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive
defense and control of any matter for which you are required to indemnify us, and you agree to
cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to
notify you of any such claim, action, or proceeding which is subject to this indemnification upon
becoming aware of it.
20. USER DATA
We will maintain certain data that you transmit to the Site for the purpose of managing the
performance of the Site, as well as data relating to your use of the Site. Although we perform
regular routine backups of data, you are solely responsible for all data that you transmit or that
relates to any activity you have undertaken using the Site. 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.
21. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND
SIGNATURES
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 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. 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 any means other than electronic
means.

22. MISCELLANEOUS
These Terms of Use and any policies or operating rules posted by us on the Site or in respect to
the Site 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 operate as a waiver of
such right or provision. These Terms of Use operate to the fullest extent permissible by law. We
may assign any or all of our rights and obligations to others at any time. We shall not be
responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our
reasonable control. If any provision or part of a provision of these Terms of Use is determined to be
unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from
these Terms of Use and does not affect the validity and enforceability of any remaining provisions.
There is no joint venture, partnership, employment or agency relationship created between you
and us as a result of these Terms of Use or use of the Site. 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
defenses 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.
23. CONTACT US
In order to resolve a complaint regarding the Site or to receive further information regarding use of
the Site, please contact us at:
UAB deimisa
Dariaus ir Gireno 22-38
Panevezys 37331
Lithuania
Phone: +37067631188 or +4915208350207
info@kondombilliger.de

Kondombilliger.de