Disclaimer of Warranty

SeedingUp does not have any duty to control the content that any user makes available through the Site. SeedingUp is not liable for the solvency of its Users and the accuracy of any content displayed through its Site. You assume all risks related to your published content. Regardless of whether you are an advertiser or a publisher, you, may you be an advertiser or a publisher, understand that other users, including your competitors, will have access to SeedingUp's Site and Services. By force of this very User Agreement, you release SeedingUp from any liability related to the publication of your content through the Site.

We (and our, directors, subsidiaries, officers, affiliates, employees and agents ) do not guarantee for continuous, uninterrupted or secure access with regard to services rendered by us and with regard to the operation of the Site, that may be interfered with by numerous factors beyond our influence or control. Our website and our services are provided on an "as-is" basis, that is, as such, without warranties of any kind, either implied or expressed, including, without limitation, fitness for a particular purpose or non-infringement, and implied warranties of merchantability. SeedingUp does not warrant the results of use of the services, including, without limitation, the results of any advertising campaign such as the generation of targeted traffic, the generation of revenues, or an increase in search engine relevancy. You assume all risks and responsibility with respect to aforementioned results, including, without limitation, a negative change in search engine relevancy.

To the extent permissible by law, we exclude all implied warranties, conditions or other terms, whether implied by statute or otherwise, including without limitation any terms as to care and skill or timeliness of performance. Some jurisdictions do not allow the disclaimer of implied warranties - therefore, the foregoing disclaimer may not be applicable to you.

Limitation of Liability

Nothing in this User Agreement shall exclude or limit our liability for fraudulent misrepresentation, or for personal injury or death resulting from our negligence or the negligence of our employees or agents. Subject to the foregoing, we (including our directors, subsidiaries, officers, affiliates, employees, and agents) will not be liable for any economic losses (including, without limitation, profits, loss of revenues contracts, anticipated savings or business), any loss of reputation or goodwill, or any other special, may it be indirect or consequential, damages (however arising, including negligence) arising out of or in connection with this very User Agreement.

SeedingUp is not and will not be liable for any content displayed on third party sites that directly or indirectly link to the SeedingUp Site.

Some jurisdictions do not allow the exclusion of incidental or consequential damages, so the foregoing exclusion may not be applicable to you. We (including our affiliates, parent, subsidiaries, officers, agents, directors, and employees) also have no liability of any sort (including liability for negligence) for the acts or omissions of other providers of telecommunication services or for faults in or failures of their equipment and networks.

Indemnity

You agree to indemnify and hold us and (as applicable) our affiliates, subsidiaries, directors, officers, employees, and agents, harmless from any demand or claim, including reasonable legal fees, made by any third party due to or arising out of your breach of this very User Agreement (including the documents incorporated by reference), or your violation of any laws or the right or rights of any third party.

Termination

Both SeedingUp and Users may terminate the Services at any time by notifying the party by any means. However, advertisers may only cancel a purchase at the end of the period that the advertisement runs, whereas publishers may only cancel advertisement spaces at the end of the period that the last advertisement of the advertisement space runs. In the event that a publisher removes an advertisement prior to the end of the period that the advertisement runs, he or she loses any right of remuneration with respect to the respective advertisement.

Governing Law

This User Agreement shall be construed in accordance with and governed by German law, it is subject to exclusive jurisdiction of the German courts.

Please note, that your country (and/or that of any user you deal with) may have laws, which apply to your transactions with other users regardless of what you have agree upon with us (now) or with that user (later).

The laws of your country may differ from laws in Germany. You shall comply with all applicable international and domestic laws, ordinances, statutes and regulations regarding your use of our service and your purchase, listing, and solicitation of offers to purchase and/or to sell advertisements. Please do not assume that you are allowed to do what other users do, or that we are approving or validating any transaction, even if you have successfully made similar sales or purchases in the past.

The United Nations Convention on Contracts for the International Sale of Goods (CISG) does not apply.

Arbitration

Any claim or controversy arising out of or relating to this Agreement, or the breach of this Agreement, shall be settled by arbitration that must take place in Stuttgart. Judgment upon the award rendered by the arbitrators may be entered in any court having jurisdiction thereof.

Miscellaneous and General

If any provision of this User Agreement is judged or otherwise held to be unenforceable or invalid, these effected provisions shall be struck out whereas the remaining provisions shall remain enforceable. You agree that this very User Agreement and all incorporated agreements may be assigned, even automatically, by SeedingUp and in our sole discretion to a third party in the event of a merger or an acquisition or any other event. SeedingUp and you are independent contractors, wherefore no partnership, agency, employee-employer, joint venture or franchisor-franchisee relationship is intended or created by this User Agreement. You do not have any authority of any kind to bind SeedingUp in any respect whatsoever. Used headings are for reference purposes only and as such in no way construe, define, limit, or describe the extent or scope of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to similar or subsequent breaches.

Both parties agree that this Agreement is the exclusive and complete statement of the mutual understanding of the parties and, as such, cancels and supersedes all previous written and/or oral agreements, communications and other understandings relating to the subject matter of this Agreement. Further, both parties agree that all modifications must be in writing and signed by both parties, except as otherwise provided herein.

The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights of this User Agreement.

SeedingUp shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond SeedingUp's reasonable influence or control.

You acknowledge that copyright laws protect the Site.

Indemnity

You agree to indemnify and hold us and (as applicable) our affiliates, subsidiaries, directors, officers, employees, and agents, harmless from any demand or claim, including reasonable legal fees, made by any third party due to or arising out of your breach of this very User Agreement (including the documents incorporated by reference), or your violation of any laws or the right or rights of any third party.

Termination

Both SeedingUp and Users may terminate the Services at any time by notifying the party by any means. However, advertisers may only cancel a purchase at the end of the period that the advertisement runs, whereas publishers may only cancel advertisement spaces at the end of the period that the last advertisement of the advertisement space runs. In the event that a publisher removes an advertisement prior to the end of the period that the advertisement runs, he or she loses any right of remuneration with respect to the respective advertisement.

Governing Law

This User Agreement shall be construed in accordance with and governed by German law, it is subject to exclusive jurisdiction of the German courts.

Please note, that your country (and/or that of any user you deal with) may have laws, which apply to your transactions with other users regardless of what you have agree upon with us (now) or with that user (later).

The laws of your country may differ from laws in Germany. You shall comply with all applicable international and domestic laws, ordinances, statutes and regulations regarding your use of our service and your purchase, listing, and solicitation of offers to purchase and/or to sell advertisements. Please do not assume that you are allowed to do what other users do, or that we are approving or validating any transaction, even if you have successfully made similar sales or purchases in the past.

The United Nations Convention on Contracts for the International Sale of Goods (CISG) does not apply.

Arbitration

Any claim or controversy arising out of or relating to this Agreement, or the breach of this Agreement, shall be settled by arbitration that must take place in Stuttgart. Judgment upon the award rendered by the arbitrators may be entered in any court having jurisdiction thereof.

Miscellaneous and General

If any provision of this User Agreement is judged or otherwise held to be unenforceable or invalid, these effected provisions shall be struck out whereas the remaining provisions shall remain enforceable. You agree that this very User Agreement and all incorporated agreements may be assigned, even automatically, by SeedingUp and in our sole discretion to a third party in the event of a merger or an acquisition or any other event. SeedingUp and you are independent contractors, wherefore no partnership, agency, employee-employer, joint venture or franchisor-franchisee relationship is intended or created by this User Agreement. You do not have any authority of any kind to bind SeedingUp in any respect whatsoever. Used headings are for reference purposes only and as such in no way construe, define, limit, or describe the extent or scope of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to similar or subsequent breaches.

Both parties agree that this Agreement is the exclusive and complete statement of the mutual understanding of the parties and, as such, cancels and supersedes all previous written and/or oral agreements, communications and other understandings relating to the subject matter of this Agreement. Further, both parties agree that all modifications must be in writing and signed by both parties, except as otherwise provided herein.

The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights of this User Agreement.

SeedingUp shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond SeedingUp's reasonable influence or control.

You acknowledge that copyright laws protect the Site.