Terms of Service

1. Your relationship with Universe Surf GmbH

1.1 Your use of Universe Surf GmbH's services and web sites (referred to as the "Service" or "Services" in this document and excluding any services provided to you by Universe Surf GmbH under a separate written agreement) is subject to the terms of a legal agreement between you and Universe Surf GmbH. "Universe Surf GmbH" means Universe Surf GmbH.

1.2 Unless otherwise agreed in writing with Universe Surf GmbH, your agreement with Universe Surf GmbH will always include, at a minimum, the terms and conditions set out in this document.

2. Accepting the Terms

2.1 In order to use the Services, you must first agree to the Terms. You may not use the Services if you do not accept the Terms.

3. Provision of the Services by Universe Surf GmbH

3.1 By accepting this agreement you acknowledge and agree that you have the sole responsibility of ensuring that the integration with Universe Surf GmbHs services does not interrupt normal operation of your site. Universe Surf GmbH WILL UNDER NO CIRCUMSTANCES BE LIABLE FOR ANY DISRUPTIONS OR DAMAGES INCURRED BY USING THE SERVICES.

3.2 You acknowledge and agree that if Universe Surf GmbH disables access to your account, you may be prevented from accessing the Services.

3.3 You agree that you are responsible for providing an accurate and updated email address when registering for the Services Universe Surf GmbH provide and for as long as you remain a user of these Services.

3.4 You agree that Universe Surf GmbH may contact you by email and that they may notify you directly via the website or Service.

3.5. You agree that you will remove the scripts that gives you access to the Service if you are instructed to do so and that Universe Surf GmbH may charge you and/or disable your usage of the Service centrally.

4. Limitations of services

4.1 By accepting this agreement you acknowledge that Universe Surf GmbH may establish limits concerning use of the Services, including the maximum number of days that content will be retained by the Service, the maximum number and size of loged entries or other content that may be transmitted or stored by the Service, the frequency with which you may access the Services and the locations where the Service is available.

4.2 You acknowledge and agree that Universe Surf GmbH has no responsibility or liability for the deletion or failure to store any content maintained or transmitted by the Service.

4.3 You acknowledge that Universe Surf GmbH reserves the right at any time to modify or discontinue the Services (or any part thereof) with or without notice, and that Universe Surf GmbH shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.

4. Use of the Services by you

4.1 In order to access certain Services, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the Service, or as part of your continued use of the Services. You agree that any registration information you give to Universe Surf GmbH will always be accurate, correct and up to date.

4.2 You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).

4.3 Unless you have been specifically permitted to do so in a separate agreement with Universe Surf GmbH, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.

4.4 You agree that you are solely responsible for (and that Universe Surf GmbH has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which Universe Surf GmbH may suffer) of any such breach.

5. Your passwords and account security

5.1 You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services.

5.2 Accordingly, you agree that you will be solely responsible to Universe Surf GmbH for all activities that occur under your account.

5.3 If you become aware of any unauthorized use of your password or of your account, you agree to notify Universe Surf GmbH immediately.

6. Privacy and your personal information

6.1 Please read Universe Surf GmbH's privacy policy at http://www.muscula.com/privacy. This policy explains how Universe Surf GmbH treats your personal information, and protects your privacy, when you use the Services.

6.2 You agree to the use of your data in accordance with Universe Surf GmbH's privacy policies.

7. Proprietary rights

7.1 The Service contains content and technology of Universe Surf GmbH that is protected by copyright, trademark, patent, trade secret and other laws. Universe Surf GmbH owns intellectual property rights to any protectable part of the Service, including but not limited to the design, artwork, logos, functionality, and documentation (collectively, the "Company Property"). You may not copy, modify, or reverse engineer any part of the Service owned by Universe Surf GmbH.

8. Acount registration and fees

8.1 In order to use the Services, you must register and create an account with Universe Surf GmbH on the Site. Universe Surf GmbH offers various types of accounts, including a free account and a paid account. Universe Surf GmbH reserves the right to suspend or terminate your account at any time. A valid credit card is required for paid accounts. The Services are billed in advance on a monthly basis and all fees are non-refundable. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and You shall be responsible for payment of all such taxes, levies, or duties. Universe Surf GmbH also reserves the right, at any time, to impose or restructure any fees charged for your use of the Services. Universe Surf GmbH will notify you in advance of any changes with respect to fees it chooses to impose.

9. Termination

9.1 You agree that Universe Surf GmbH, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Services (or any part thereof), immediately and without notice, and remove and discard any content within the Services, for any reason, including, without limitation, if Universe Surf GmbH believes that You have acted inconsistently with the letter or spirit of the Terms of Use. Further, You agree that Universe Surf GmbH shall not be liable to you or any third-party for any termination of your access to the Services. Further, you agree not to attempt to use the Services after said termination.

10. EXCLUSION OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. Universe Surf GmbH AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS 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.

Universe Surf GmbH MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (II) THAT YOUR ACCESS TO OR USE OF THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE, (III) THAT ANY DEFECTS IN THE SERVICE WILL BE CORRECTED, OR (IV) THAT THE SERVICE OR ANY SERVER THROUGH WHICH YOU ACCESS THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Universe Surf GmbH OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS TERMS OF SERVICE.

11. LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT Universe Surf GmbH AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Universe Surf GmbH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICE RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICE PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; (v) ANY OTHER MATTER RELATING TO THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

12. INDEMNIFICATION

EXCEPT FOR THE INDEMNIFICATION OBLIGATIONS OF THE PARTIES SET OUT HEREIN, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY ON ACCOUNT OF ANY CLAIM (WHETHER BASED UPON PRINCIPLES OF CONTRACT, WARRANTY, NEGLIGENCE OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, THE FAILURE OF ANY LIMITED REMEDY TO ACHIEVE ITS ESSENTIAL PURPOSE, OR OTHERWISE) FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT FOR THE INDEMNIFICATION AND CONFIDENTIALITY OBLIGATIONS OF THE PARTIES SET OUT HEREIN, IN NO EVENT SHALL EITHER PARTY'S LIABILITY EXCEED AN AMOUNT EQUAL TO THE FEES PAID BY LICENSEE UNDER THIS AGREEMENT. IF YOU ARE DISSATISFIED WITH THE SOFTWARE YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SOFTWARE.

13. General legal terms

13.1 You agree that Universe Surf GmbH may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Services.

13.2 The Terms, and your relationship with Universe Surf GmbH under the Terms, shall be governed by the laws of Germany without regard to its conflict of laws provisions. You and Universe Surf GmbH agree to submit to the exclusive jurisdiction of the courts located within Germany to resolve any legal matter arising from the Terms. October 21, 2011

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