Effective Date: December 10, 2015
Welcome to the FetchCFD website, a place where CAx experts, engineers and designers from around the world can share their simulations, CAD models, MESH files, codes, animations and learn and collaborate with one another, and embark upon the world's challenges. You are invited to use the website and to participate in the FetchCFD community by posting simulations, CAD models, Codes, animations and other content and materials (collectively, "User Submissions"), conditioned on acceptance of these Terms of Service ("Terms of Service").
The Terms of Service govern your access to and use of the Website; any content or other materials (including, without limitation, text, data, graphics, information, designs, drawings, logos, displays, artwork, images, CAD files, MESH files, Simulation files, CFD files, FEA files, Animations, Codes and scripts, other files, schematics, models, photographs, sound, musical works, audio or video clips, works of authorship, usernames, profiles, User Submissions, Third Party Content and links) uploaded, submitted, downloaded, displayed or appearing on or through the Website (collectively, "Content"); and any applications (including mobile applications) made available by FetchCFD; and any software, services or other resources FetchCFD may provide on or through the Site. The Site, Content, software, services and other resources are referred to in these Terms of Service, collectively, as the "Services". These Terms of Service likewise apply to any other FetchCFD websites or services that post a link to these Terms of Service (however accessed or used, whether via a personal computer, mobile device or otherwise). The Services are owned, operated, controlled and provided by FetchCFD (fetchcfd.com), FetchCFD (fetchcfd.com) is alternatively referred to in these Terms of Service as "FetchCFD ", "we", "us" or "our".
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the website, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by FetchCFD, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.
YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT AND CAPACITY TO ENTER INTO THESE TERMS OF SERVICE IN YOUR JURISDICTION.
Changes to Terms of Service
We reserve the right, at any time in our sole discretion, to modify or replace any part of these Terms of Service, without prior notice. You agree that we may notify you of any updated Terms of Service by posting them on the Site so that they are accessible via a link from the home page, and/or to send you an email to the last email address you provided to us (if any). All such changes are effective immediately when we post them, or such later date as may be specified in the notice of updated Terms of Service. Your continued use of the Services following the posting of revised Terms of Service (or engaging in such other conduct as we may reasonably specify) shall indicate your acknowledgement of such changes and your agreement to be bound by the terms and conditions of such changes. If you object to any such changes, your sole recourse is to cease using the Services.
Access and Account Information
You must not create accounts with the Services through unauthorized means, including but not limited to, by using a script, bot, spider, crawler, or scraper, or other automated methods. These accounts will be removed upon detection. When you choose to provide information to the Services, you agree that all information you provide to register with the Services and to create your account shall be truthful and accurate, and you agree to update your information as necessary to ensure that it remains truthful and accurate. You understand and agree that you are responsible for maintaining the confidentiality and security of your Login Credentials, and that you are solely responsible for all activities that occur on or through your User Account(s). You agree to notify FetchCFD immediately if you suspect any unauthorized use of your User Account(s) or access to your password. You agree that you will not solicit, collect or use the login credentials of other users. You also acknowledge that the Internet may be subject to breaches of security and that the submission of Content or other information may not be secure.
Changes and Disruption to the Services
FetchCFD reserves the right at any time and from time to time to modify, suspend or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. In addition, although it is FetchCFD 's intention for the Services to be available as much as possible, there will be occasions when the Services may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment. You agree that FetchCFD will not be liable to you or to any third party for any such modification, suspension or discontinuance of the Services, or the resulting loss of any Content.
Cancellation, Suspension and Termination
You may cancel your User Account(s) at any time. You are solely responsible for properly cancelling your account. An email or phone request to cancel your account is not considered cancellation. Your User Account may be deleted from your User Account settings page to cancel your account. You can cancel your account at any time.. In the event that your User Account is canceled, the account's data will be deleted as part of the cancellation process.
We reserve the right, at any time, in our sole discretion, to disable any user Login Credentials, whether chosen by you or provided by us, and to suspend or terminate your User Account(s) or otherwise deny you access, without notice and without liability, and with or without cause, including if we believe you are in breach of these Terms of Service. FetchCFD will not necessarily provide advance warning of such termination or suspension. FetchCFD reserves the right to refuse provision of or access to the Services to anyone for any reason and at any time. Any termination or suspension of the Services may result in the deactivation or deletion of your User Account(s) or access to your account, and may also result in the forfeiture and relinquishment of all content in your account, as determined by FetchCFD in its sole discretion.
Verbal, physical, written or other abuse (including threats of abuse or retribution) of any FetchCFD customer, employee, member, or officer will result in immediate account termination. We reserve the right to not intervene in interpersonal disputes.
FetchCFD maintains a policy that provides for the termination in appropriate circumstances of the use privileges of users who are repeat infringers of intellectual property rights. Upon termination, all license and other rights granted to you in these Terms of Service will immediately cease (provided, however, that you will retain any rights of ownership of your Workbench project files and User Submissions). If we terminate your access to the Services or you cancel your account as described above, we will delete your Workbench project files and User Submissions from your User Account and we will endeavor to delete your User Submissions from the Services upon cancellation but those materials and data may persist and appear within the Services (e.g., if your User Submissions have been re-shared by others). If you wish to migrate or download Workbench project files and User Submissions from your User Account, you can arrange for this service prior to cancellation. Deleted files are unrecoverable once your User Account is cancelled – by design – to ensure that your data is not compromised. FetchCFD shall not be liable for any claims or losses resulting from such deletions.
User Submissions; Published Content
Services provided by FetchCFD permit you and other users of the Services to submit, post, display, upload, transmit or otherwise provide (collectively, "Post"), on or through the Services, User Submissions for public viewing. You retain ownership of any User Submissions you Post to the Services, subject to the rights you grant us as described in these Terms of Service.
You hereby grant FetchCFD a worldwide, royalty-free, and non-exclusive license to reproduce, modify (for purposes of viewing), adapt and publish your User Submissions, solely for the purpose of displaying, distributing and promoting the Site and its Services. You understand that all User Submissions you Post to non-private areas of the Site will be considered non-confidential and non-proprietary and that FetchCFD will be free to disclose your User Submission to any third party without obligation of confidence on the part of the recipient.
You understand and acknowledge that you are fully responsible for all your User Submissions, including the legality, reliability, accuracy and appropriateness thereof. You further represent and warrant that you own all rights in and to such User Submissions or, alternatively, you have acquired all necessary rights in your User Submissions to enable you to grant the above licenses; and that the Posting, downloading, copying and use of such User Submissions does not and will not misappropriate, infringe or violate the rights of any third party, including, without limitation, patent, copyright, trademark, trade secret, confidentiality or other intellectual property or proprietary rights, or rights of privacy or publicity. Upon FetchCFD 's request, you will furnish FetchCFD any documentation, substantiation or releases necessary to verify your compliance with these Terms of Service. Except as prohibited by law, you hereby waive any moral rights you may have in such User Submissions under the laws of any jurisdiction. You further authorize FetchCFD to publish your User Submissions in a searchable format that may be accessed by users of the Services and the Internet. You agree that FetchCFD has no obligation to monitor or enforce your intellectual property rights to your User Submissions but has the right to protect and enforce its rights to your User Submissions. You agree to pay for all royalties, fees, and any other monies owed by reason of User Submissions you Post on or through the Services.
If you choose to provide FetchCFD with ideas, suggestions, improvements or other feedback with respect to the Services, we shall be free to use such materials in any manner and for any purpose (including, without limitation, incorporation in FetchCFD’s products, services and advertising and marketing materials, and developing and marketing products and services) without liability or compensation to you or restriction of any kind.
You may not Post on or through the Services any User Submission that: (a) violates any applicable law, rule or regulation; (b) infringes or violates the legal rights of any other person or entity, including the patent, copyright, trademark, trade secret or other intellectual property rights, or right of privacy or publicity, of such person or entity; (c) is defamatory, libelous, false, fraudulent, threatening, abusive, obscene, pornographic, harassing or otherwise objectionable, or promotes or otherwise incites racism, bigotry, hatred or physical harm of any kind against any group or individual; (d) encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, rule or regulation; (e) discloses or provides information protected under any law, agreement or fiduciary relationship, including, but not limited to, proprietary or confidential information of others; (f) contains any software virus or any other code, file, program or disabling device designed to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (g) contains any advertising, promotion, solicitation or other commercial material, or involves commercial activities (whether or not for profit) and/or sales, including but not limited to contests or sweepstakes, without FetchCFD’s prior written consent; or (h) otherwise constitutes a Prohibited Use as described in the section titled "Prohibited Uses", below.
User Submissions Are for Non-Commercial Use Only
All User Submissions Posted on or through the Services are for non-commercial use only. You are not authorized to make commercial use of CAD files, MESH files, CFD files, FEA files, Animation files, Code and script files and other User Submissions, unless otherwise agreed in writing with the owner of such User Submission.
Representation and Warranty
You represent and warrant that your use of the Services will be in strict accordance with these Terms of Service, and with all applicable laws, rules and regulations, including, without limitation, all federal, state, local, provincial and international laws, rules and regulations applicable to your use of the Services and your User Submissions, including without limitation, copyright laws, and all laws regarding the export of technical data or software to and from the US, Germany or other countries.
All right, title and interest in and to the Site and all Content and other Services (excluding your User Submissions and Workbench project files), and the design, selection, arrangement, compilation, assembly and look and feel thereof, and any and all patent, copyright, trademark, trade secret and other intellectual property rights arising out of or relating to the Services, are and shall remain the exclusive property of FetchCFD and its third party providers, contributors and licensors. You agree not to remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services. The various corporate names, logos, product and service names, domain names, designs and slogans (collectively, "Marks") displayed on or through the Services are the trade names, trademarks and service marks of FetchCFD or other third parties. Nothing in these Terms should be construed as giving you a right, express or implied, to use, copy or imitate such Marks, in whole or in part, without the prior written consent, as applicable, of FetchCFD or other trademark owner.
These Terms of Service do not transfer from FetchCFD to you (whether expressly, impliedly, by estoppel or otherwise) any FetchCFD or third party intellectual property rights, and you acquire no ownership interest or other rights in the Services other than the right to use the same expressly in accordance with these Terms of Service.
Subject to your compliance with these Terms of Service, and any additional terms that may apply to particular Services offered by us, FetchCFD grants you a non-exclusive, non-transferable, limited, personal license to access and use the Services in accordance with these Terms of Service. The license granted herein is expressly made subject to the following limitations and restrictions: (a) You may not, directly or indirectly, provide, distribute or otherwise transfer User Submissions to any third party, or publish, post, transmit, upload or broadcast User Submissions to any other website or application without the prior written consent of the owner of such User Submission; (b) You may not copy, duplicate, reproduce, modify, adapt, publish, distribute, upload, download, post, transmit, broadcast, sell, license or prepare derivative works of any Content, software or other materials owned by FetchCFD (including, without limitation, information, text, graphics and instructions provided by FetchCFD as part of the Website, any web pages or other Services, and the design, selection, arrangement, compilation, assembly and look and feel of the Website, any web pages or other Services) without the prior written consent of FetchCFD; and (c) You may not decompile, disassemble or reverse engineer any of the software or code comprising or in any way making up a part of the Services.
Any and all rights to use the Services that are not expressly granted to you under these Terms of Service are reserved for FetchCFD or its licensors. Unauthorized use of the FetchCFD Content or other Services is prohibited, may be a violation of federal and state laws, rules, regulations, and treaties, and could result in civil or criminal liability and penalties.
FetchCFD may allow you, but only through express written permission, to engage in certain personal uses of Content that include the ability to share certain Content with others ("Social Distribution"). For example, the Services may allow you to send certain Content to friends, display Content on your personal web site or post Content on a third party web site. You agree that you will not imply that you and FetchCFD are affiliated in any way or that FetchCFD approves of your comments. We reserve the right to revoke our permission for Social Distribution at any time and for any reason, and you agree to immediately cease Social Distribution upon notice of revocation and to comply with any terms we post in connection with the Social Distribution of Content.
Using Automated Devices to Copy Content
You may not use any automated collection mechanism (for example, any robot, spider or other automatic device) to monitor or copy the web pages comprising the Site or the Content without the prior written permission of FetchCFD. Without limiting the foregoing, FetchCFD prohibits crawling, scraping, caching or otherwise accessing any Content on the Services via automated means, including, but not limited to, user profiles and User Submissions (except as may be the result of recognized search engine activity).
Other Prohibited Uses
You may not: (a) use the Services in any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of technical data or software to and from the Germany or other countries); (b) Post, or use the Services to generate, unsolicited email advertisements, SMS’s or spam messages; (c) impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity; (d) use the Services in any manner that could disable, overburden, damage, or impair the Services or interfere with any other party's use of the Services; (e) upload or transmit any form of virus, worm, Trojan horse or other malicious or technologically harmful code; (f) attempt to gain access to secured portions of the Services to which you do not possess access rights; (g) Post private or confidential information via the Services, including, without limitation, your or any other person's credit card information, social security or alternate national identity numbers, non-public phone numbers or non-public email addresses; or (h) systematically aggregate, embed or deep-link content from your own web site, service or platform to the Site for commercial purposes without the prior written consent of FetchCFD.
Third Party Content
"Third Party Content" means User Submissions Posted on or through the Services by other users or third parties. All Third Party Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. FetchCFD is not responsible for examining, evaluating or monitoring such Content. FetchCFD does not control, endorse or support any Third Party Content or communications Posted on or through the Services, or any opinions that may be expressed therein, and makes no representations or warranties whatsoever as to the accuracy, reliability, veracity or completeness of any such Content or communications. Any use or reliance upon any Third Party Content posted on or through the Services is at your own risk, and FetchCFD assumes no responsibility or liability whatsoever for such Third Party Content or your reliance thereon.
Links to Third Party Websites; Third Party Products and Services
The Services may contain links to or interactions with third-party websites or resources ("Third Party Websites"). These links and interactions are provided for your convenience only. FetchCFD neither endorses nor controls such Third Party Websites, and you acknowledge and agree that we are not responsible or liable for the information, content, products, or services on or available from such Third Party Websites, or for the results to be obtained from using them. If you choose to access any such Third Party Websites, you do so entirely at your own risk.
FetchCFD highly respects the intellectual property rights of others, and expects those who use the Services to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement in Germany, please notify FetchCFD of your claim of infringement by sending us an email on email@example.com with following information:
- Your physical (scanned) or electronic signature.
- Identification of the copyrighted work you believe to have been infringed.
- Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
- Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, e-mail address).
- A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent or the law.
- A statement that the information in the notice (email) is accurate.
- A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
We will respond to notices of claimed copyright infringement as soon as possible.
It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.
Monitoring and Enforcement
FetchCFD reserves the right, but has no obligation, to prescreen, monitor and/or review any Content submitted by you or otherwise available on the Services, and FetchCFD is not required to host, display, or distribute User Submissions. We reserve the right at all times, without notice, to edit, refuse to post, block or remove any User Submissions, in whole or in part, that in our sole discretion are objectionable, violate these Terms of Service, infringe or violate the intellectual property or other rights of any person or entity, threaten the personal safety of users of the Services or the public or could create liability for the Company. Content removed from the Services may continue to be stored by FetchCFD, including, without limitation, in order to comply with certain legal obligations, but may not be retrievable without a valid court order. Consequently, FetchCFD encourages you to maintain your own backup of your Content. In other words, FetchCFD is not a backup service and you agree that you will not rely on the Services for the purposes of Content backup or storage. You are solely responsible for your interaction with other users of the Services, whether online or offline. You agree that FetchCFD is not responsible or liable for the conduct of any user. FetchCFD reserves the right, but has no obligation, to monitor or become involved in disputes between you and other users. You acknowledge that FetchCFD cannot guarantee that other users will observe these Terms of Service including the non-commercial use restriction for User Submissions. Exercise common sense and your best judgment when interacting with others, including when you submit or post Content or any personal or other information. We further reserve the right at all times to disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right of privacy or publicity, and to take appropriate legal action, including, without limitation, referral to law enforcement authorities, for any illegal or unauthorized use of the Services. Without limiting the foregoing, we have the right to disclose any information as necessary to satisfy any law, regulation, legal process or governmental request.
The Services may offer features that are available to you via your mobile phone or other mobile device. These features may include, without limitation, the ability to view FetchCFD Content, upload Content to the Services, receive messages from the Services. Message and data rates and other carrier fees may apply.
If FetchCFD wishes to provide notifications or receipts to you, FetchCFD may do so by email at the address you provided to FetchCFD when you created your account or as later updated. You hereby agree and acknowledge that FetchCFD is not responsible to notify you in any way other than by email.
Contests and Promotions
Any contests or promotions ("Promotions") accessible through the Services may be governed by its own set of official rules, which may have eligibility requirements, such as certain age or geographic area restrictions. By entering or participating in such Promotions, you will become subject to those official rules. It is your responsibility to read the applicable rules to determine whether or not your participation, registration or entry will be valid or restricted, and to determine the sponsor's requirements of you in connection with the applicable Promotion.
The Services may be accessed from countries other than Germany. FetchCFD controls and operates the Services from Germany and makes no representations or warranties that the information, products or services contained on the Services are appropriate for use or access in other locations. If you access and use the Services outside Germany, you do so on your own initiative and you are responsible for complying with Germany and your local laws and regulations, if and to the extent such laws are applicable..
The information provided within the Services 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 FetchCFD to any registration requirement within such jurisdiction or country. We reserve the right to limit the availability of the Services or any portion of the Services, to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service or other feature that FetchCFD provides.
These Terms of Service were written in English (US). To the extent any translated version of these Terms of Service conflicts with the English version, the English version controls.
Disclaimer of Warranties
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR ACCESS TO AND USE OF THE SERVICES OR ANY CONTENT IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES (INCLUDING, WITHOUT LIMITATION, ALL CONTENT) ARE PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS" BASIS, WITHOUT WARRANTY OF ANY KIND. NEITHER FETCHCFD NOR ANY OF ITS OFFICERS, DIRECTORS, MANAGERS, DEVELOPERS, EMPLOYEES OR AGENTS (COLLECTIVELY, THE "FETCHCFD PARTIES") MAKE ANY REPRESENTATIONS, WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER AS TO THE CONTENT (INCLUDING, WITHOUT LIMITATION, USER SUBMISSIONS AND THIRD PARTY CONTENT) OR OTHER SERVICES. THE FETCHCFD PARTIES HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SERVICES, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, OR ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND FREEDOM FROM COMPUTER VIRUS. WITHOUT LIMITING THE FOREGOING, THE FETCHCFD PARTIES MAKE NO REPRESENTATION OR WARRANTY AS TO THE QUALITY, RELIABILITY, COMPLETENESS, ACCURACY, TIMELINESS, AVAILABILITY, SECURITY OR FUNCTIONALITY OF THE SERVICES OR ANY CONTENT THEREON. THE FETCHCFD PARTIES MAKE NO WARRANTY THAT THE SERVICES WILL MEET YOUR SPECIFIC REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS, THAT DEFECTS IN THE SERVICES WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVER THAT MAKES THE SERVICES AVAILABLE IS FREE FROM HARMFUL COMPONENTS, INCLUDING WITHOUT LIMITATION VIRUSES. THE FETCHCFD PARTIES DO NOT WARRANT THAT YOUR USE OF THE SERVICES IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND THE FETCHCFD PARTIES SPECIFICALLY DISCLAIM SUCH WARRANTIES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM THE FETCHCFD PARTIES OR THROUGH THE SERVICES, WILL BE DEEMED TO CREATE ANY WARRANTY WHATSOEVER. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTIONS’ LAWS ARE APPLICABLE TO YOU AND THESE TERMS OF SERVICE. BY ACCESSING OR USING THE SERVICES YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICES.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE FETCHCFD PARTIES BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE LOSSES OR DAMAGES, OR DAMAGES FOR SYSTEM FAILURE OR MALFUNCTION OR LOSS OF PROFITS, DATA, USE, BUSINESS OR GOOD-WILL, ARISING OUT OF OR IN CONNECTION WITH (A) THE SERVICES, (B) THESE TERMS OF SERVICE OR (C) YOUR USE OF, OR INABILITY TO ACCESS OR USE, THE SERVICES OR ANY CONTENT AVAILABLE ON OR THROUGH THE SERVICES, EVEN IF SUCH DAMAGES WERE FORESEEABLE OR FETCHCFD HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
THE LIMITATIONS SET FORTH IN THIS SECTION (LIMITATION OF LIABILITY) SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER THE ASSERTED LIABILITY OR DAMAGES ARE BASED ON CONTRACT (INCLUDING, WITHOUT LIMITATION, BREACH OF WARRANTY), INDEMNIFICATION, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), STRICT LIABILITY, STATUTE OR ANY OTHER LEGAL OR EQUITABLE THEORY. IN NO EVENT WILL THE FETCHCFD PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY.
You (and also any third party for whom you operate an account or activity on the Services) agree to defend, indemnify and hold harmless FetchCFD, its officers, directors, managers, developers, employees and agents, from and against any and all claims, liabilities, damages, losses, costs and expenses (including, without limitation, reasonable attorneys’ fees and costs) arising out of or in connection with any of the following (including as a result of your direct activities on the Services or those conducted on your behalf): (i) your breach or alleged breach of these Terms of Service; (ii) your User Submissions; (iii) your use of or access to the Services; (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental or quasi-governmental authorities, including, without limitation all regulatory, administrative and legislative authorities; (v) your violation of the rights of any third party, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right; or (vi) any misrepresentation made by you. FetchCFD reserves the right to assume, at your expense, the exclusive defense and control of any matter subject to indemnification by you. You agree to cooperate with FetchCFD’s defense of any claim. You will not in any event settle any claim without the prior written consent of FetchCFD.
All provisions of these Terms of Service which, by their nature, should survive the expiration or termination of your relationship with FetchCFD shall survive such expiration or termination, including, without limitation, User Submissions, Proprietary Rights, Prohibited Uses, Copyright Infringement, Disclaimer of Warranties, Limitation of Liability, Indemnification, Governing Law and General.
These Terms of Service, and all claims or causes of action related to or arising in connection with these Terms of Service, shall be governed by and construed in accordance with the laws of Germany, without giving effect to any principles of conflicts of laws, AND WILL SPECIFICALLY NOT BE GOVERNED BY THE UNITED NATIONS CONVENTIONS ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS, IF OTHERWISE APPLICABLE.
The failure of FetchCFD to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms of Service; you agree that the court should endeavor to give effect to the intentions of FetchCFD and you as reflected in the provision, and that the other provisions of these Terms of Service shall remain in full force and effect. If you are using the Services on behalf of a legal entity, you represent that you are authorized to enter into an agreement on behalf of that legal entity. These Terms of Service, and any rights and licenses granted hereunder, may not be assigned or transferred by you, in whole or in part, whether voluntarily or by operation of law, without the prior written consent of FetchCFD (and any attempt to do so shall be null and void). These Terms of Service, and any rights and licenses granted hereunder, may be assigned or transferred by FetchCFD without restriction and without your consent. These Terms of Service constitute the final, complete and exclusive statement of the agreement between you and FetchCFD regarding the subject matter hereof, and supersede any prior agreements, negotiations or communications between you and FetchCFD with respect to such subject matter. Neither the course of conduct between the parties nor trade practice will act to modify the Terms of Service. These Terms of Service do not confer any third-party beneficiary rights.
If you have any questions about these Terms of Service, please send your questions to firstname.lastname@example.org. All notices, authorizations, and requests to FetchCFD shall be deemed given on receipt.