Terms of service Last update 3 months ago
1. Your Acceptance
Throughout this Agreement, the words “Tiejet,” “us,” “we,” and “our,” refer to our company, Tiejet, as is appropriate in the context of the use of the words.
2. User Accounts and Sign-up
Portions of the Platform may require you to create a login or sign-up for an account. You must fully complete the registration process by providing us with your current, complete, truthful, and accurate information as prompted by the applicable registration form. Where required, Tiejet may also assign you a username and password. You are entirely responsible for maintaining the confidentiality of your password and account and for any and all activities that occur under your account. You agree to notify Tiejet immediately of any unauthorized use of your account or any other breach of security. Tiejet will not be liable for any losses you incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Tiejet or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder. Companies may register via the Platform but may only have one user account. If you are registering on behalf of your company, you represent and warrant that you are authorized by your company to create an account on your company’s behalf. Tiejet has the sole discretion in granting or denying any accounts.
4. Access to the Platform
After properly registering for the Platform, we grant you a personal, non-exclusive, fully revocable, non-assignable, non-transferable, limited right to use and access our Platform as permitted by us. As a user, you do not receive any ownership interest in the Platform; you merely receive the right to use and access the Platform as provided by us. All rights not explicitly granted are reserved for Tiejet. You agree to abide by the following restrictions listed below:
- You may not decompile, reverse engineer, disassemble, modify, rent, sell, lease, loan, distribute, or create derivative works or improvements to the Platform or any portion of the Platform.
- You may not share your license with any other parties unless permitted by us in writing.
- You may not violate any laws, rules, or procedures of Germany.
- You may not violate any of our additional policies.
- You may not use our Platform except through specific channels provided by us.
- You may not use the Platform on a computer that is used to operate nuclear facilities, life support, or other mission-critical applications where life or property may be at stake.
- You may not sell, lease, loan, distribute, transfer, or sublicense the Platform unless provided by us.
Please be aware that this is not an all-encompassing list of restrictions, if you breach any of these restrictions, we may revoke your license to use our Platform, at our discretion. Additionally, we may revoke or restrict your access to our Platform if we believe that your actions may harm or have harmed Tiejet or the Platform itself. Failure by us to revoke your access does not act as a waiver of your conduct.
5. User Content
Your ability to submit or transmit any information through the Platform, including but not limited to text, audio messages, videos, photos, images or any other information will be referred to as “User Content” throughout this Agreement. All User Content you submit to the Platform will be owned by you. Please be aware that we are not required to host, display, migrate, or distribute any of your User Content and we may refuse to accept or transmit any User Content. You agree that you are solely responsible for any User Content submitted and you release us from any liability associated with any User Content submitted. You understand that we cannot guarantee the absolute safety and security of any such User Content. Any User Content found to be in violation of this Agreement or that we determine to be harmful to the Platform may be modified, edited, or removed at our discretion. The Tiejet does not endorse and may not verify, monitor, or restrict any of its users or any User Content submitted. You agree that any User Content or any other information may be inaccurate, unsubstantiated, or possibly even incorrect.
When submitting any User Content to our Platform you represent and warrant that you own all rights to the User Content and you have paid for or otherwise have permission to use any User Content submitted.
When you submit any User Content to us, you grant Tiejet, its partners, affiliates, users, representatives, and assigns a non-exclusive, fully-paid, royalty-free, irrevocable, worldwide, universal, transferable, assignable license to display, publicly perform, distribute, store, broadcast, transmit, reproduce, modify, prepare derivative works and otherwise use and reuse all or part of your User Content. It is important for you to grant us this license so that we may transmit your User Content to other users through our Platform. Additionally, although you own all User Content submitted by you, we own all layouts, arrangement, metadata, and images that are used to render your User Content through our Platform.
6. Platform Availability and Modification
Although we will attempt to provide continuous Platform availability to you, we do not guarantee that the Platform will always be available, work, or be accessible at any particular time. We make no uptime guarantees. We reserve the right to alter, modify, update, or remove our Platform at any time. We may conduct such modifications to our Platform for security reasons, intellectual property, legal reasons, or various other reasons at our discretion, and we are not required to explain such modifications. For example, we may provide updates to fix security flaws or to respond to legal demands. Please note that this is a non-binding illustration of how we might exercise our rights under this section, and nothing in this section obligates us to take measures to update the Platform for security, legal, or other reasons.
7. Your Conduct While Using The Platform
When accessing or using our Platform, you are solely responsible for your use and for any use of the Tiejet Platform made using your account. You agree to abide by the following rules of conduct:
- You will not copy, distribute or disclose any part of the Platform in any medium, including without limitation by any automated or non-automated “scraping”;
- You will not attempt to interfere with, compromise the system integrity or security of, or decipher any transmissions to or from the servers running the Platform;
- You will not use any robot, spider, crawler, scraper, or other automated means or interface not provided by us to access the Platform or to extract or export data collected through the Platform;
- You will not take any action that imposes, or may impose at our sole discretion, an unreasonable or disproportionately large load on our infrastructure;
- You agree not to use the Platform to stalk, harass, bully, or harm another individual;
- You agree that you will not hold Tiejet responsible for your use of the Platform;
- You may not post any User Content that is violent, distasteful, contains sexual nudity or sex acts, or is otherwise not up to community standards;
- You agree not to violate any requirements, procedures, policies, or regulations of networks connected to Tiejet;
- You agree not to interfere with or disrupt the Platform;
- You agree to not violate any German federal or state laws while using the Platform; and
- You agree not to use the Platform in any way that is: misleading, unlawful, defamatory, obscene, invasive, threatening, or harassing.
If you are discovered to be undertaking any of the aforementioned actions or if we believe that any of your actions may harm Tiejet’s Platform or business interests your privileges to use our Platform may at our sole discretion be terminated, revoked, or suspended. Generally, we will provide an explanation for any suspension or termination of your use of any of our platforms, but Tiejet reserves the right to suspend or terminate any account at any time without notice or explanation.
8. Seller Services Disclaimer
TIEJET EXPRESSLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY DAMAGE, LOSS, OR INJURY ARISING OUT OF: THE ACTIVITIES OF ANY SELLERS AND ANY LOSS OR INJURY ARISING OUT OF YOUR PURCHASE OR USE OF ANY SELLER SERVICES. YOU HEREBY ACKNOWLEDGE AND AGREE THAT TIEJET MAY PROVIDE INFORMATION ABOUT A SELLER, BASED ON LOCATION, FEATURES, OR RELEVANCY. HOWEVER, SUCH INFORMATION IS BASED SOLELY ON DATA THAT IS SUBMITTED BY THE SELLER, AND TIEJET PROVIDES SUCH INFORMATION SOLELY FOR THE CONVENIENCE OF ALL USERS AND IS NOT AN INTRODUCTION, ENDORSEMENT, OR RECOMMENDATION BY TIEJET. All Seller Services are sold on an “as is” basis. User releases Tiejet from any liability associated with the user’s use of the Platform or purchase of any Seller Services.
Tiejet is not a party to any contracts between users and Sellers. Additionally, Tiejet does not control or direct the Seller or the Seller Services, including but not limited to the delivery date, performance, or quality. Tiejet does not introduce users to Sellers. Tiejet merely makes the Platform available to enable Sellers to identify and determine the suitability of users for themselves and to enable users to identify and determine the suitability of Sellers for themselves. Any opinions, advice, or information expressed by any Seller are those of the individual and the individual alone and they do not reflect the opinions of Tiejet. Tiejet does not direct, is not an employer, has no control over, makes no representations, and does not guarantee the quality, safety, or legality of any Seller Services provided by Seller.
You acknowledge and agree that, unless otherwise indicated, any purchase is directly between you and the Seller.
10. Order Confirmation
The Seller Services are not confirmed until the user receives an order confirmation (the “Order”) from the Seller. All Orders are subject to additional terms and conditions of the Seller as listed by the Seller. Seller may list dates and timelines for the Seller Services to be provided for each Order or other relevant information. Tiejet is not responsible for any Orders or the delivery of any Seller Services.
Tiejet does not provide refunds.
Users and Sellers acknowledge and agree that in order for Tiejet to make the Platform available, it must receive fees for all Seller Services and Orders transacted. In consideration for making the Platform available for users and Sellers, you agree that for a period of 24 months from the time you identify or are identified by any party through the Platform, you must use the Platform as your exclusive method to request, make, and receive all payments for any Seller Services or Orders directly or indirectly provided to or received from that party or arising out of your relationship with that party. Users may only opt out of the non-circumvention by paying an opt-out fee of €1000 Euro or 25% of the total Orders purchased from a Seller in the past calendar year, whichever is greater. You agree to notify Tiejet immediately if another person improperly contacts you or suggests making or receiving payments outside of the Platform.
13. Seller and User Disputes
In the event of a dispute between Seller and User, Seller and User agree to attempt to settle the dispute amicably and in good faith by contacting each other and attempting to resolve such a dispute. If such a dispute cannot be settled, the Seller or user may contact Tiejet. Tiejet, at its discretion, may assist in settling the dispute. In the event that Tiejet assists in any dispute resolution, Seller and user agree to accept such resolution as resolved, binding, and final. This section does not obligate Tiejet to settle disputes between any users and any Sellers and all users agree that Tiejet is not a party to any such disputes.
You may cancel your account at any time via your Tiejet dashboard or contact us at firstname.lastname@example.org. Please be aware that upon termination of your account, access to portions of our Platform may become immediately disabled and any Seller Services or Orders not concluded may be terminated. Upon termination, you will not be entitled to any refunds or proration of any fees paid except as stated in this Agreement. We may terminate your membership if we determine that: (1) you have violated any applicable laws while using our Platform; (2) if you have violated this Agreement or any other of our Platform policies; (3) if your account has remained inactive for an extended period of time; or (4) if we believe that any of your actions may harm Tiejet, at our sole decision or discretion. In the event of termination, we will strive to provide you with a timely explanation; however, we are not required to do so.
Depending on the laws of your jurisdiction you may be taxed for any payments or purchases. Therefore, at the time of payment, we may collect all applicable taxes related to your use of the Platform. In the event that we do not collect the applicable taxes, you agree that you are still responsible for any applicable taxes. Although no taxes may be collected by us you agree that you will pay any applicable taxes or fees to the tax agencies having jurisdiction over you. In the event we do not collect the relevant taxes owed by you, you agree that we are not responsible for collecting, transmitting, or advising on taxes, duties, or other levies by the government regarding your payments.
16. Seller Fees
You will pay the fees applicable to your account ('Seller Fees') and any other applicable fees, including but not limited to applicable fees relating to the value of sales made through your Seller Listing when using our marketplace.
17. Idea Submission
Tiejet or any of its employees do not accept or consider unsolicited ideas, including but not limited to ideas relating to processes, technologies, product enhancements, or product names. Please do not submit any unsolicited ideas, content, artwork, suggestions, or other works (“Submissions”) in any form to Tiejet. The sole purpose of this policy is to avoid potential misunderstandings or disputes when Tiejet’s products might seem similar to the ideas you submitted to Tiejet. If, despite our request that you not send us your ideas, you agree to the following: (1) your Submissions and their contents will automatically become the property of Tiejet, without any compensation to you; (2) Tiejet may use or redistribute the Submissions and their contents for any purpose and in any way; (3) there is no obligation for Tiejet to review the Submission; and (4) there is no obligation to keep any Submissions confidential.
18. Intellectual Property
The name “Tiejet,” the design of the Tiejet Platform along with Tiejet-created text, writings, images, templates, scripts, graphics, interactive features, and the trademarks, marks, and logos contained therein ("Marks"), are owned by or licensed to Tiejet. The Marks are subject to copyright and other intellectual property rights under German laws and international conventions. Tiejet reserves all rights not expressly granted in and to the Platform. You agree to not engage in the use, copying, or distribution of the Marks or anything else contained within the Platform unless we have given you express written permission.
19. Representations and Warranties
THE PLATFORM AND ALL SELLER SERVICES SOLD IS PROVIDED ON AN "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER TIEJET NOR ANY OF THEIR EMPLOYEES, MANAGERS, OFFICERS, ASSIGNS OR AGENTS MAKE ANY REPRESENTATIONS OR WARRANTIES, OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE PLATFORM; (B) ANY INFORMATION PROVIDED VIA THE PLATFORM; (C) ANY SELLER SERVICES AVAILBLE OR (D) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO TIEJET OR VIA THE PLATFORM. IN ADDITION, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION, AND FREEDOM FROM COMPUTER VIRUS.
TIEJET DOES NOT REPRESENT OR WARRANT THAT THE PLATFORM WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE PLATFORM OR THE SERVER THAT MAKES THE PLATFORM AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS. TIEJET DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE PLATFORM IS ACCURATE, COMPLETE, OR USEFUL. TIEJET DOES NOT WARRANT THAT YOUR USE OF THE PLATFORM IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND TIEJET SPECIFICALLY DISCLAIMS ANY SUCH WARRANTIES.
20. Limitation of Liability
IN NO EVENT SHALL TIEJET, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM (I) YOUR USE OR INABILITY TO USE THE PLATFORM OR ANY ERRORS, MISTAKES, OR INACCURACIES FOUND WITHIN THE PLATFORM, (II) ANY PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR PLATFORM OR FROM ANY SELLER SERVICES OR ORDERS, (III) ANY INTERRUPTION,MISINFORMATION, INCOMPLETE INFORMATION, OR CESSATION OF TRANSMISSION TO OR FROM OUR PLATFORM TO YOU, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR PLATFORM VIA A THIRD PARTY, (V) ANY FAILURES OR DISRUPTIONS WHETHER INTENTIONAL OR UNINTENTIONAL, (VI) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS OR (VII) ANY POTENTIAL OR ACTUAL LOSS OR DAMAGE TO PERSON OR PROPERTY THAT MAY OCCUR WHILE USING THE PLATFORM. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. IN JURISDICTIONS THAT ALLOW A LIMITATION ON LIABILTY, YOU AGREE THAT OUR LIABILITY TO YOU IS NO MORE THAN THE AMOUNT YOU PAID IN THE PAST SIX MONTHS FOR SERVICES OR ONE-HUNDRED EURO, WHICHEVER IS GREATER.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY BETWEEN JURISDICTIONS. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by Tiejet’s negligence or that of any of its officers, employees or agents; (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future. The foregoing limitations on liability and any other limitations of liability set forth herein are not applicable to residents of New Jersey. With respect to residents of New Jersey, Tiejet shall not be liable for any damages arising out of your access to or use of the Platform, unless such damages are the result of our negligent or reckless acts or omissions; provided, however, that we shall not be liable for consequential, indirect or punitive damages.
You agree to defend, indemnify and hold harmless Tiejet, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from:
- your use of and access to the Tiejet Platform;
- your violation of any term of this Agreement; and
- any claim that your use of the Platform harmed another user or third party.
This defense and indemnification obligation will survive this Agreement and your use of the Tiejet Platform. You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases. You agree that this indemnity extends to requiring you to pay for our reasonable attorneys’ fees, court costs, and disbursements. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim and you shall be liable for the damages as though we had proceeded with a trial.
22. Age Compliance
Tiejet and its Platform may only be used by persons 18 years and older. If you are under 18 please stop using our Platform and please do not submit any information to us.
23. Intellectual Property and Copyrights
If you believe that any User Content or other content found on the Tiejet Platform has infringed on your copyrights or other intellectual property rights please consult the Tiejet Copyright and Intellectual Property Policy (“Policy”). The Policy contains information regarding the notification procedures required by us to remove any infringing material or content from our Platform. You must agree to abide by the Policy before using or accessing the Platform.
24. Choice of Law
This Agreement shall be governed by the laws in force in Germany. The offer and acceptance of this contract are deemed to have occurred in Germany.
You agree that any dispute relating in any way to your use of the Platform shall be submitted to confidential arbitration in Henderson County, NC. Arbitration under this Agreement shall be conducted pursuant to the applicable rules (“Rules”) then prevailing at the American Arbitration Association. The arbitration shall be conducted by one (1) arbitrator as selected pursuant to the Rules; the arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. Each party shall be responsible for its own arbitration fees and costs. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class action proceedings or otherwise. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to, or connected with the use of the Platform or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever banned (the foregoing time limitation is not applicable to residents of Germany). In the event that the law does not permit the abovementioned dispute to be resolved through arbitration, you agree that any actions shall be brought solely in a court of competent jurisdiction located within or otherwise nearest to Berlin.
26. Class Action
You and Tiejet agree that any proceedings to resolve or litigate any dispute whether through a court of law or arbitration shall be solely conducted on an individual basis. You agree that you will not seek to have any dispute heard as a class action, representative action, collective action, or private attorney general action. The foregoing class action waiver does not apply to residents of Berlin.
27. Force Majeure
You agree that we are not responsible to you for anything that we may otherwise be responsible for if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.
In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it. If two or more provisions of this Agreement or any other agreement you may have with Tiejet are deemed to conflict with each other’s operation, you agree that Tiejet shall have the sole right to elect which provision remains in force.
We reserve all rights permitted to us under this Agreement as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of this Agreement or any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.
All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion.
32. Additional Agreements
We may amend this Agreement from time to time. When we amend this Agreement, we will update this page and indicate the date that it was last modified or we may email you. You may refuse to agree to the amendments, but if you do, you must immediately cease using our Platform.
34. California Users
Any questions about pricing, complaints, or inquiries about Tiejet must be sent to our agent for notice to: email@example.com
35. Electronic Communications
The communications between you and Tiejet use electronic means, whether you visit the Platform or send Tiejet e-mails, or whether Tiejet posts notices on the Platform or communicates with you via e-mail. For contractual purposes, you (1) consent to receive communications from Tiejet in an electronic form; and (2) agree that all terms, conditions, agreements, notices, disclosures, and other communications that Tiejet provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.
36. Additional Terms for Sellers
The following sections 36-46 apply to any Sellers who wish to use the Platform and wish to sell Seller Services via the Platform. Any Sellers wishing to use the Platform shall be required to sign up and create an account and shall be bound by the additional terms listed below.
37. Seller Accounts
In order for Sellers to offer Seller Services you must create a Seller account. You must fully complete the registration process by providing us with your current, complete, truthful, and accurate information as prompted by the applicable registration form. Where required, Tiejet may also assign you a username and password. You are entirely responsible for maintaining the confidentiality of your password and account and for any and all activities that occur under your account. You agree to notify Tiejet immediately of any unauthorized use of your account or any other breach of security. Tiejet will not be liable for any losses you incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Tiejet or another party due to someone else using your account or password. You may not use anyone else's account at any time. Sellers may only register for one account per person and may not register as a company or group collaboration. Tiejet has the sole discretion in granting or denying any accounts.
38. Seller Representations and Warranties
Seller providing any Seller Services represents and warrants the following: (1) Seller owns or has properly licensed all Seller Services provided to any users of the Platform; (2) the Seller Services will not infringe on any copyright, moral right, trademark or other intellectual property right and will not violate any right of privacy or right of publicity; (3) the Seller Services offered do not violate any German state or federal laws or any third party agreements; (4) Seller has not entered into any previous agreements which would limit its ability to undertake or perform this Agreement; and (5) Seller will in good faith abide by this Agreement and all other restrictions and rules in place for any Seller Services sold on the Platform.
39. Termination of Seller Accounts
We may terminate or suspend your account if we determine that:
(1) you have violated any applicable laws while using our Platform;
(2) If you have violated this Agreement or any other of our Platform policies;
(3) if we believe your actions while using the Platform have harmed or will harm a third party, or
(4) if we believe that any of your actions may harm Tiejet, at our sole decision or discretion.
In the event of termination, we will strive to provide you with a timely explanation; however, we are not required to do so. As a Seller if you wish to terminate your Seller account please notify us or use your account dashboard to terminate the account. Please be aware that once your account is terminated, all access and information including Seller Services in your existing account may become immediately inaccessible or deleted. Failure to terminate your account for any reason does not act as a waiver of your conduct.
40. Seller Services
As a Seller, you may offer any services as allowed by Tiejet including but not limited SEO search services, collectively referred to as “Seller Services”. Please be aware that we are not required to host, display, migrate, or distribute any of your Seller Services and we may refuse to accept or transmit any Seller Services. You agree that you are solely responsible for any User Content contained within the Seller Services submitted and you release us from any liability associated with any Seller Services submitted. You understand that we cannot guarantee the absolute safety and security of any such Seller Services. Any Seller Services found to be in violation of this Agreement or that we determine to be harmful to the Service may be modified or removed at our discretion. You must abide by all Seller Services rules as outlined below. When you submit any Seller Services to us, you grant Tiejet the same licensing rights as listed in the Agreement for User Content.
41. Seller Services Rules
When offering any Seller Services you agree to abide by all rules and regulations related to such Seller Services. Additionally, Seller agrees that all Seller Services may not:
- Contain any software that has viruses, worms, Trojan horses, or other material that may cause or aid in the destruction of or harm a computing environment.
- Contain any material that is deemed illegal or unlawful in accordance with German federal and state laws.
- Create a genuine risk of physical injury or property damage, or credibly threaten people or public safety, or organize or encourage harm.
- Be considered spam or “black hat” by search engines including Yahoo!, Google, or Bing.
42. Limited Payment Agent
For the purposes of this Agreement, the relationship between Tiejet and Sellers is that of a limited payment agent. Tiejet allows Sellers to collect payments for their own Seller Services and agrees to pay any seller fees. Seller agrees that as a limited payment agent, Tiejet may accept payments from users and manage payments or refunds for any Seller Services. Both the Sellers and Tiejet agree that no other agency relationship is formed between Tiejet and Sellers. Except as expressly stated otherwise, Seller agrees that it is not a partner, joint venture, franchisee, agent, or employee of Tiejet. Seller agrees that it shall not misrepresent its relationship with Tiejet to any third parties.
43. Seller Payments and Fees
Once payment for any Seller Services has been received and the Order has been confirmed by Seller, Tiejet International shall collect Seller Fees. The seller must complete the Seller Services as required by each Order. Tiejet International shall collect a service fee, commission, processing fees, and other deductions as necessary from all payments made to Seller. Tiejet International reserves the right to change and alter any fees or commissions at any time, if Tiejet International alters such commission or fee structure it shall contact Seller. In the event of a dispute between Seller and Tiejet International, Seller agrees that Tiejet International may withhold all funds until such dispute is resolved. For more information regarding Tiejet International’s fee and commission structure please contact Tiejet International at firstname.lastname@example.org.
44. Tax Documents
In order for Tiejet to comply with German tax laws, Sellers may be required to submit tax documents. Seller agrees to comply with any requests to submit any tax documentation, as requested by Tiejet. Seller agrees that Tiejet cannot and will not provide Seller with any tax advice, any such questions should be directed to Seller’s tax attorney or other tax professional.
45. Refunds by Tiejet
In the event of any refunds to any users for a Seller’s Order, Seller agrees that we may deduct the refund amount from any incoming payments or account balances held by Tiejet for Seller. Additionally, Tiejet may invoice the Seller for such outstanding balances that are owed due to any refunds if the Seller account funds are insufficient. No refunds shall be given for any enhanced services provided by Tiejet to Seller.
46. Seller Account Holds
From time to time, Tiejet may place a hold (“Hold”) on a Seller’s account. Some of the reasons that we may place a Hold on Seller’s account include but are not limited to the following: (1) if we have reason to believe that your Seller Services or your actions have violated this Agreement, may harm our business, are deceptive, misleading, unlawful, or have harmed a third party or interfere with a third party contractual right; (2) at the request of our payment processors; or (3) if required in order to comply with a court order, subpoena, writ, injunction, or as otherwise required under applicable laws and regulations. If you have questions about a Hold we may have placed on your Campaign account, or need information about how to resolve the Hold, please contact us. Additionally, we may suspend the Seller’s access to the Platform or the offering of any Seller Services while such Hold is in place.
47. Seller Inactivity
Where Seller has not accessed his or her user account for a period of six (6) months or more, Tiejet may suspend, make inactive, or otherwise archive Seller’s account (“Inactive Account”). If Seller wishes to reactivate the Inactive Account they must contact Tiejet at email@example.com. Please be aware that any re-activation of a Seller’s Inactive Account may incur a one-time re-activation fee.
48. Account Maintenance
Where a Seller has an Inactive Account, that account may be assessed a maintenance fee (“Maintenance Fee”) of up to five (5) Euros per month. Such Maintenance Fee shall be deducted from Seller’s account balance until all funds have been exhausted. If the Seller wishes to re-activate an Inactive Account that has a negative balance, the Seller must pay all such Maintenance Fees owed before the Inactive Account is reactivated.
49. Additional Limitations of Liability and Disclaimers for Sellers
Unless otherwise provided in this Agreement, in no event shall Tiejet be liable to the Seller for any lost profits or any special, incidental, consequential, exemplary, punitive, or other indirect damages of any nature, for any reason, whether based on breach of contract, tort (including negligence) or otherwise and whether or not either has been advised of the possibility of such damages. UNDER NO CIRCUMSTANCES SHALL TIEJET BE LIABLE TO ANY SELLER FOR AN AMOUNT GREATER THAN THE AMOUNTS PAID BY TIEJET TO Seller DURING THE PRECEDING MONTH. DUE TO THE NATURE OF INTERNET AVAILABILITY AND ACCESSIBILITY, TIEJET CANNOT GUARANTEE THAT THERE WILL BE NO DOWNTIME OR OTHER INTERRUPTIONS IN SERVICE REGARDING THE PLATFORM. WITHOUT LIMITING THE ABOVE, THE PLATFORM, TIEJET CONTENT, AND ANY OTHER MATERIALS PROVIDED TO THE SELLER ARE PROVIDED "AS IS," WITHOUT ANY WARRANTY OF ANY KIND, AND TIEJET MAKES NO WARRANTIES, EXPRESS OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE, AND EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. ADDITIONALLY, TIEJET DOES NOT REPRESENT OR WARRANT (A) THAT THERE ARE NO VIRUSES OR OTHER HARMFUL COMPONENTS ON THE PLATFORM, (B) THAT A PARTY'S SECURITY METHODS EMPLOYED WILL BE SUFFICIENT IN ALL CIRCUMSTANCES OR IN THE FACE OF ALL ATTACKS, OR (C) ANY INFORMATION WILL BE CORRECT, COMPLETE, OR ACCURATE. SOME JURISDICTIONS LIMIT THE ABILITY TO DISCLAIM ALL WARRANTIES, SO THIS CLAUSE OR SOME PORTIONS OF THIS CLAUSE MAY NOT APPLY TO YOU.
Tiejet makes no representations and warranties whatsoever and disclaims any responsibility and liability, regarding the content or nature of any Tiejet content or its Platform. Tiejet has no liability to Seller for any Seller Services or Orders.
50. Affiliate Terms
The following sections 48-54 apply specifically to the Tiejet Affiliate Program. As an incentive to share the Platform with friends, Tiejet has implemented an Affiliate program; users taking part in the Affiliate program shall be referred to as “Affiliates”. In order to join the Tiejet Affiliate program, a user may be required to provide additional information. We reserve the right to reject any users who wish to join the Affiliate program. Furthermore, Tiejet reserves the right to terminate any Affiliates at any time, at our discretion.
Once accepted into the Affiliate program, Affiliates shall be provided with a unique link or identifier to track referrals (“Tracker”). Affiliates are solely responsible for ensuring that the Tracker functions properly. Referrals shall be counted by the Tracker and successful referrals (“Qualified Referral”) shall be determined at the sole discretion of Tiejet. Tiejet agrees to pay Affiliate a referral fee for each Qualified Referral as outlined on the Platform. Affiliates shall be notified by Tiejet for each Qualified Referral received. In the event of a dispute relating to any Qualified Referrals, Tiejet shall have the sole discretion in deciding the outcome of such a dispute. During the duration of the dispute, Tiejet shall not be required to pay the Affiliate any referral fees. Payment shall be issued on an as-requested basis but no greater than monthly periods. Affiliates shall be paid in EUR and in a manner as agreed upon by the parties. Tiejet shall not be responsible to pay Affiliate any referral fees, where such referral fees have been earned on the accounts of any users who have failed to sign up or follow the necessary procedures.
Additional Guidelines for Affiliates
Affiliate agrees that it may not bind Tiejet and shall not misrepresent its relationship with Tiejet. Furthermore, Affiliates may not:
- Send spam messages or violate any German laws.
- Attempt to inflate their commissions by circumventing or otherwise compromising our systems.
- Create or post any ads that contain the Tiejet Marks, without first receiving written permission from Tiejet.
- Collect, scrape, or store data about other users or Affiliates.
- Commit fraud or perform any illegal activities through your use of the Affiliate program.
- Post ads that are misleading, harmful, not up to community standards, offensive, illegal, hateful, pornographic, or otherwise distasteful.
- Post ads using malware, viruses, pop-unders, pop-overs, or other spammy technology.
We may suspend or terminate your Affiliate account immediately if you violate any of these guidelines or at our discretion.
51. Term and Termination for Affiliates
Upon successful registration as an Affiliate, the user shall be deemed an Affiliate for the purposes of this Agreement. The Affiliate term shall continue indefinitely until terminated by either party subject to this Agreement’s termination provisions. Tiejet may terminate this Agreement at any time and for any reason by giving written notice via email or the Platform to the Affiliate. The affiliate may terminate this Agreement by providing written notice to Tiejet via the Platform or via email. Please be aware that upon termination by the Affiliate, any outstanding payments owed to the Affiliate shall be forfeited.
Affiliate agrees to pay and withhold all taxes as required by their local laws and jurisdictions. In some instances, Tiejet may withhold taxes for Affiliates. However, Affiliate agrees that Tiejet is not required to, cannot, and will not provide Affiliate with any tax or legal advice.
Tiejet actively monitors traffic for deceptive or fraudulent activity. If deception or fraud is detected as determined in Tiejet's sole discretion, Affiliate's account will be made inactive pending further investigation. After determining that Affiliate has participated in fraudulent or deceptive activity, Tiejet may terminate Affiliate’s account and Affiliate shall not be entitled to any compensation that is owed but unpaid.
54. Additional Limitations of Liability and Disclaimers for Affiliates
Unless otherwise provided in this Agreement, in no event shall Tiejet be liable to the Affiliate for any lost profits or any special, incidental, consequential, exemplary, punitive, or other indirect damages of any nature, for any reason, whether based on breach of contract, tort (including negligence), or otherwise and whether or not either has been advised of the possibility of such damages. UNDER NO CIRCUMSTANCES SHALL TIEJET BE LIABLE TO ANY AFFILIATE FOR AN AMOUNT GREATER THAN THE AMOUNTS PAID BY TIEJET TO THE AFFILIATE DURING THE PRECEDING MONTH. DUE TO THE NATURE OF INTERNET AVAILABILITY AND ACCESSIBILITY, TIEJET CANNOT GUARANTEE THAT THERE WILL BE NO DOWNTIME OR OTHER INTERRUPTIONS IN SERVICE REGARDING THE PLATFORM. WITHOUT LIMITING THE ABOVE, THE PLATFORM, TIEJET CONTENT, AND ANY OTHER MATERIALS PROVIDED TO THE AFFILIATE ARE PROVIDED "AS IS," WITHOUT ANY WARRANTY OF ANY KIND, AND TIEJET MAKES NO WARRANTIES, EXPRESS OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE, AND EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. ADDITIONALLY, TIEJET DOES NOT REPRESENT OR WARRANT (A) THAT THERE ARE NO VIRUSES OR OTHER HARMFUL COMPONENTS ON THE PLATFORM, (B) THAT A PARTY'S SECURITY METHODS EMPLOYED WILL BE SUFFICIENT IN ALL CIRCUMSTANCES OR IN THE FACE OF ALL ATTACKS, OR (C) ANY INFORMATION WILL BE CORRECT, COMPLETE, OR ACCURATE. SOME JURISDICTIONS LIMIT THE ABILITY TO DISCLAIM ALL WARRANTIES, SO THIS CLAUSE OR SOME PORTIONS OF THIS CLAUSE MAY NOT APPLY TO YOU.
Tiejet makes no representations and warranties whatsoever and disclaims any responsibility and liability, regarding the content or nature of any Tiejet content or its Platform. Tiejet has no liability to Affiliate for unapproved materials, including all copies, images, URL names, and search terms used by Affiliate.
55. Affiliate Warranties
Affiliate represents, warrants, and covenants as follows:
- Affiliate has the ability and the right to grant the permissions required to effectuate this Agreement;
- Affiliate has not entered into any previous agreements which would limit its ability to undertake or perform this Agreement;
- Affiliate will comply in good faith with Tiejet’s directions and all other agreements provided; and
- Affiliate shall abide by all laws and regulations of Germany and is capable of undertaking this Agreement without infringing on the rights of third parties.
56. Relationship of Parties
Affiliate agrees that Tiejet is acting as an independent contractor in performing any services contemplated under this Agreement and that the relationship between Tiejet and Affiliate shall not constitute a partnership, joint venture, or agency. Neither Tiejet nor any of Tiejet's employees or agents (i) is an employee, agent, or legal representative of Affiliate, or (ii) shall have any authority to represent Affiliate or to enter into any contracts or assume any liabilities on behalf of Affiliate. Neither Affiliate nor Affiliate’s employees or agents (i) is an employee, agent, or legal representative of Tiejet, or (ii) shall have any authority to represent Tiejet or to enter into any contracts or assume any liabilities on behalf of Tiejet.
57. Tax Documents
In order for Tiejet to comply with German tax laws, the Affiliate may be required to submit W-9 forms or other tax documents. Affiliate agrees to comply with any requests to submit any tax documentation, as requested by Tiejet. Affiliate agrees that Tiejet cannot and will not provide Affiliate with any tax advice, any such questions should be directed to Seller’s tax attorney or other tax professional.
Physical Address: Tiejet International, Radelandstraße 38, 13589 Berlin, Germany