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Privacy PolicyTerms Of Use

Privacy Policy

Last Modified: May 6th, 2019

Introduction

Colbette II Ltd. (hereinafter “we”, “us” or “ our”) operates the website https://alexandr513.mydirty.social (hereinafter the “Website”) and is the controller of the information collected or provided via this Website.

Please read this privacy policy carefully, as your access to and use of our Website signifies that you have read, understand and agree to all terms within this privacy policy. If you do not agree with any part of this privacy policy or our terms, please do not access or continue to use our Website or otherwise submit your personal data. We respect your privacy and are committed to protecting your personal data

If you have any questions about our privacy practices, please see “Contact Information” below for information on how to contact us.

We collect, process and retain personal data to the extent it is necessary to provide users with our service. This privacy policy applies to information we collect:

  • on this Website,
  • in e-mail, text and other communications between you and this Website,
  • when you interact with our advertising and applications on third-party websites and services, if those applications or advertising include links to this privacy policy.

It does not apply to information collected by:

  • us offline or through any other means, including on any other website operated by us or any third party (including our affiliates and subsidiaries); or
  • any third party (including our affiliates and subsidiaries), including through any application or content (including advertising) that may link to or be accessible from or on the Website. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements.

The Data We Collect About You

Personal data, or personal information, means any information about an individual from which that person can be identified by (“Personal Information”). It does not include data that has been anonymized or pseudonymized.

We may collect, use, store and transfer different kinds of personal data about you, which we have grouped together as follows:

  • Technical Data includes internet protocol (IP) address, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access this Website.
  • Usage Data includes information about how you use our Website, products and services.

We may also collect, use and share your data to produce and share aggregated insights that do not identify you. Aggregated data may be derived from your personal data but is not considered personal data as this data does not directly or indirectly reveal your identity. For example, we may aggregate your usage data to calculate the percentage of users accessing a specific Website feature. For example we may use your data to generate statistics about our users, to calculate the percentage of users accessing a specific Website feature, to calculate ad impressions served or clicked on, or to publish visitor demographics.

We do not collect special categories of Personal Information about you (this includes details about your race or ethnicity, religious or philosophical beliefs, political opinions, trade union membership, information about your health and genetic and biometric data). However, depending on how you use our Website and services, your Personal Information may include information that allows drawing conclusions about your sex life or sexual orientation (“Sensitive Personal Information”). The collection, use and disclosure of such Sensitive Personal Information is necessary to provide some of our service to you.

How is Your Personal Information Collected?

We use different methods to collect data from and about you including through:

  • Direct interactions. Information that you provide filling in forms on our Website, in particular at the time of taking part in surveys, entering a contest or promotion sponsored by us, when reporting a problem with our Website, or requesting further services.
  • Automated technologies or interactions. See “Third-party Use of Cookies and Other Tracking Technologies” for details of how we may automatically collect your personal data.
  • Third parties or publicly available sources. We may receive personal data about you from various third parties, for example, other websites controlled by us or members of our corporate group, our business partners or other third parties and public sources.

Information Collected Through Automatic Data Collection Technologies

As you navigate through and interact with our Website, we use automatic data collection technologies to collect certain information about your equipment, browsing actions and patterns, including information such as your IP address, browser type, operating system, the referring web page, pages visited, location, your mobile carrier, device information (including device and application IDs), search terms, and cookie information.

We also use these technologies to collect information about your online activities over time and across third-party websites or other online services (“interest-based advertising”). See “Choices About How We Collect, Use and Disclose Your Personal Information” below for information on how you can opt out of behavioral tracking on this Website and how we respond to web browser signals and other mechanisms that enable consumers to exercise choice about behavioral tracking. The technologies we use for this automatic data collection

Cookies (or browser cookies). Cookies are small text files that are stored in your web browser or downloaded to your device when you visit a website. Cookies are then sent back to the originating website on each subsequent visit, or to another website that recognizes that cookie, and allow a website to recognize a user’s device.

We currently use the following types of cookies:

  • Analytical cookies: These cookies allow us to recognize and count the number of users and to see how users use and explore our Website. These cookies help us to improve our Website, for example by ensuring that all users are able to find what they are looking for easily.
  • Functionality cookies: These cookies are not essential, but help us to personalize and enhance your online experience on our Website. This type of cookies allows us to recognize you when you return to our Website and to remember, for example, your choice of language.
  • Targeting cookies: These cookies record the visit of a user on our Website, the pages a user has visited and the links a user has followed in order to enable us to make our Website more relevant to the users' interests.
  • We do not require that you accept cookies and you may withdraw your consent to our use of cookies at any time by adjusting your browser’s privacy settings. However, if you decline to accept cookies, some functionality on our Website may be disabled and you may be unable to access certain parts of our Website. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Website. Cookies can be either session cookies or persistent cookies. A session cookie expires automatically when you close your browser. A persistent cookie will remain until it expires or you delete your cookies. Expiration dates are set in the cookies themselves; some may expire after a few minutes while others may expire after multiple year
  • Analytics. We use third party analytics and advertising tools and technologies, in particular Google Analyticsprovided by Google, Inc., USA (“Google”). These tools and technologies collect and analyze certain types of information, including IP addresses, device and software identifiers, referring and exit URLs, onsite behavior and usage information, feature use metrics and statistics, usage and purchase history, media access control address (MAC Address), mobile unique device identifiers, and other similar information via the use of cookies. The information generated by Google Analytics about your use of the Website (including your IP address) may be transmitted to and stored by Google on servers in the United States. Because we activated IP anonymization for Google Analytics, Google will anonymize the last octet of a particular IP address. Only in exceptional cases, the full IP address is sent to and shortened by Google servers in the USA. Google will use this information for the purpose of evaluating your use of the Website, compiling reports on Website activity and managing advertising content. To learn how you can opt out from this information collection by Google see “Choices About How We Collect, Use and Disclose Your Personal Information” below.

Third-party Use of Cookies and Other Tracking Technologies

Some content or applications, including advertisements, on the Website are served by third parties, including advertisers, ad networks and servers, content providers and application providers. These third parties may use cookies alone or in conjunction with web beacons or other tracking technologies to collect information about you when you use our Website. Unless expressly stated otherwise, our website does not provide any Personal Information to these third parties, however the information they collect may be associated with your Personal Information or they may collect information, including Personal Information, about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based advertising or other targeted content.

We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly. For information about how you can opt out of receiving targeted advertising from many providers, see “Choices About How We Collect, Use and Disclose Your Personal Information”

How We Use Your Personal Data

We will only use your personal data when the applicable local law allows us to. Most commonly, we will use your personal data in the following circumstances:

  • For purposes of providing the services, customer management and functionality and security as is necessary to perform the services provided to you under our term and conditions and any other contract that you have with us.
  • Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
  • Where we need to comply with a legal or regulatory obligation.

Generally we do not rely on consent as a legal basis for processing your personal data other than in relation to sending third party direct marketing communications to you via email or text message.

Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data.

Purposes for Which We Use Your Personal Information

In general, we use information that we collect about you or that you provide to us, including Personal Information and Sensitive Personal Information, for following purposes:

  • Provision of services: to present our Website and its contents to you, including any interactive features on our Website, and to provide you with information, products or services that you request from us; we also collect and use Personal Information to verify your eligibility and deliver prizes in connection with contests and sweepstakes;
  • Customization of content: to perform research and analysis about your use of, or interest in, our Website content, products, or services, in order to develop and display content and advertising tailored to your interests on our Website and other sites;
  • Analytics: to determine whether users of the Website are unique, or whether the same user is using the Website on multiple occasions, and to monitor aggregate metrics such as total number of visitors, pages viewed, demographic patterns;
  • Functionality and security: to diagnose or fix technology problems, and to detect, prevent, and respond to actual or potential fraud, illegal activities, or intellectual property infringement;
  • Compliance: to enforce our terms and conditions and to comply with our legal obligations;
  • in any other way we may describe when you provide the information; or for any other purpose with your consent provided separately from this privacy policy.

Disclosure of Your Personal Information

We do not disclose your Personal Information except in the limited circumstances described here.

  • We may disclose your Personal Information to members of our corporate group (that is, entities that control, are controlled by, or are under common control with us) to the extent this is necessary for the purposes of provision of services, customer management, customization of content, advertising, analytics, verifications, functionality and security, and compliance.
  • Service providers. To our authorized service providers that perform certain services on our behalf. These services may include risk and fraud detection and mitigation, providing customer service, performing business and sales analysis, customization of content, analytics, security, supporting our Website functionality, and supporting contests, sweepstakes, surveys and other features offered through our Website. These service providers may have access to Personal Information needed to perform their functions but are not permitted to share or use such information for any other purposes.
  • Legal successors. To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which personal information held by us about our Website users is among the assets transferred. Should such a sale or transfer occur, we will use reasonable efforts to try to ensure that the entity to which we transfer your personal information uses it in a manner that is consistent with this privacy policy.

We access, preserve and share your Personal Information with regulators, law enforcement or others where we reasonably believe such disclosure is needed to (a) satisfy any applicable law, regulation, legal process, or governmental request, (b) enforce applicable terms of use, including investigation of potential violations thereof, (c) detect, prevent, or otherwise address illegal or suspected illegal activities, security or technical issues, (d) protect against harm to the rights, property or safety of our company, our users, our employees, or others; or (e) to maintain and protect the security and integrity of our Website or infrastructure. In such cases, we may raise or waive any legal objection or right available to us, in our sole discretion.

We may disclose aggregated information about our users, and information that does not identify any individual, without restriction. We also may share aggregated information with third parties for conducting general business analysis. This information does not contain any Personal Information and may be used to develop content and services that we hope you and other users will find of interest and to target content and advertising.

Transfers of Your Personal Information to Other Countries

Whenever in the course of sharing information we transfer Personal Information to countries outside of the European Economic Area and other regions with comprehensive data protection laws, we will ensure that the information is transferred in accordance with this privacy policy and as permitted by the applicable laws on data protection.

By using the Website you consent to the transfer of information that we collect about you, including personal information, to any country in which we, members of our corporate group (that is, entities that control, are controlled by, or are under common control with us) or our service providers are located.

Retention of Personal Information

We will only retain your Personal Data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.

To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorized use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.

Where we no longer need to process your Personal Data for the purposes set out in this Privacy Policy, we will delete your Personal Data from our systems.

Where permissible, we will also delete your Personal Data upon your request. Information on how to make a deletion request can be found under “Your Rights Related to Your Personal Information”.

If you have questions about our data retention practices, please send us an e-mail at support@mydirtyhobby.com.

The period for which we keep your Personal Information that is necessary for compliance and legal enforcement purposes varies and depend on the nature of our legal obligations and claims in the individual case.

How We Protect the Security of Your Personal Information

We take appropriate security measures (including physical, electronic and procedural measures) to safeguard your Personal Information from unauthorized access and disclosure. For example, only authorized employees are permitted to access Personal Information, and they may do so only for permitted business functions. In addition, we use encryption in the transmission of your Personal Information between your system and ours, and we use firewalls to help prevent unauthorized persons from gaining access to your Personal Information. Please be advised, however, that we cannot fully eliminate security risks associated with the storage and transmission of Personal Data.

You are responsible for maintaining the secrecy of your unique password and account information at all times. We are not responsible for circumventions of any privacy settings or security measures contained on the Website.

Choices About How We Collect, Use and Disclose Your Personal Information

We strive to provide you with choices regarding the Personal Information you provide to us.

  • You can choose not to provide us with certain Personal Information, but that may result in you being unable to use certain features of our Website because such information may be required in order for you participate in a contest, promotion, survey, or sweepstakes; ask a question; or initiate other transactions on our Website.
  • You may opt out of the DoubleClick cookie or of Google Analytics by visiting the Google advertising opt-out page or by downloading and installing the browser plug-in available at Google Analytics opt-out page.

Your Rights Related to Your Personal Information

Subject to local law, you have certain rights regarding the Personal Information we collect, use or disclose and that is related to you, including the right

  • to receive information on the Personal Information concerning we hold about you and how such Personal Information is used (right to access);
  • to rectify inaccurate Personal Information concerning you (right to data rectification);
  • to delete/erase your Personal Information (right to erasure/deletion, “right to be forgotten”);
  • to receive the Personal Information provided by you in a structured, commonly used and machine-readable format and to transmit those Personal Information to another data controller (right to data portability)
  • to object to the use of your Personal Information where such use is based on our legitimate interests or on public interests (right to object); and
  • in some cases, to restrict our use of your Personal Information (right to restriction of processing).

If we ask for your consent to use your Personal Information, you can withdraw your consent at any time. Note that in case of a withdrawal of your consent you may no longer able to use several functionalities of our Website and our services.

You may, at any time, send us an e-mail at support@mydirtyhobby.com to exercise your above rights in accordance with the applicable legal requirements and limitations. If you are located in the European Economic Area, you have a right to lodge a complaint with your local data protection authority.

Note that some requests to delete certain Personal Information will require the deletion of your user account as the provision of user accounts are inextricable linked to the use of certain Personal Information (e.g., your e-mail address). Also note that it is possible that we require additional information from you in order to verify your authorization to make the request and to honor your request.

Changes to Our Privacy Policy

We may modify or revise our privacy policy from time to time. Although we may attempt to notify you when major changes are made to this privacy policy, you are expected to periodically review the most up-to-date version found at https://cdn1-l-ha-e11.mdhcdn.com/u/TermsofUse_en.pdf so you are aware of any changes, as they are binding on you.

If we change anything in our privacy policy, the date of change will be reflected in the “last modified date”. You agree that you will periodically review this privacy policy and refresh the page when doing so. You agree to note the date of the last revision to our privacy policy. If the “last modified” date is unchanged from the last time you reviewed our privacy policy, then it is unchanged. On the other hand, if the date has changed, then there have been changes, and you agree to re-review our privacy policy, and you agree to the new ones. By continuing to use the Website subsequent to us making available an amended version of our privacy policy in a way that you can easily take notice of it, you thereby consent to such amendment.

Enforcement; Cooperation

We regularly review our compliance with this privacy policy. Please feel free to direct any questions or concerns regarding this privacy policy or our treatment of Personal Information by contacting us through this Website at support@mydirtyhobby.com. When we receive a formal written complaint, it is our policy to contact the complaining party regarding his or her concerns. We will cooperate with the appropriate regulatory authorities, including local data protection authorities, to resolve any complaints regarding the collection, use and disclosure of Personal Information that cannot be resolved by an individual and us.

No Rights of Third Parties

This privacy policy does not create rights enforceable by third parties or require disclosure of any Personal Information relating to users of the Website.

Our Policy Towards Minors

Our Website is not directed to persons under the age of 18 or the applicable age of majority in the jurisdiction from which the Website is accessed and we do not knowingly collect Personal Information from minors. If you become aware that your child has provided us with Personal Information, please contact us at support@mydirtyhobby.com. If we become aware that a minor has provided us with Personal Information, we take steps to remove such information and terminate that person’s account.

No Error Free Performance

We do not guarantee error-free performance under this privacy policy. We will use reasonable efforts to comply with this privacy policy and will take prompt corrective action when we learn of any failure to comply with our privacy policy. We shall not be liable for any incidental, consequential or punitive damages relating to this privacy policy.

Contact Information

If you have any questions about this privacy policy or our information-handling practices, please contact us at privacy@mydirtyhobby.com.

You may also contact us at 195-197 Old Nicosia-Limassol Road, Block 1 Dali Industrial Zone, Cyprus 2540, Phone: +357 22662 320, Fax: +357 22343 282.

Manage Your Private Data

Terms Of Use

If these Terms of Use are translated into any other language it will be for information purposes only and the English language will prevail in the event of any conflict between the translation and the English language version.

Terms of Use

https://alexandr513.mydirty.social is a site operated by Colbette II Ltd., Block 1, 195-197 Old Nicosia-Limassol Road, Dali Industrial Zone, Cyprus 2540.

(hereinafter referred to as "Colbette II", we", "our" or "us").

These Terms of Use (hereinafter “Terms of Use”) apply to all users of, and visitors to the website https://alexandr513.mydirty.social and apply to all of the services offered by the Group Company. This page informs you about the Terms of Use on which you may make use of the website https://alexandr513.mydirty.social (hereinafter “Site”), whether as a visitor of the Site or a registered user of www.mydirtyhobby.com (hereinafter “User”, “you” or “Customer”), whereby each of us will be referred to as a “Party” and together referred to as the “Parties”.

THIS SERVICE MAY CONTAIN TRANSLATIONS POWERED BY GOOGLE. GOOGLE DISCLAIMS ALL WARRANTIES RELATED TO THE TRANSLATIONS, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, RELIABILITY, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.

Please read these Terms of Use carefully before you start to use our Site and make sure that you understand them. By using our Site, you indicate that you formally accept these Terms of Use. If you do not agree to them, please refrain from using our Site.

AGREED TERMS

DEFINITIONS AND INTERPRETATION

The following definitions and rules of interpretation in this clause apply to the Terms of Use.

  • Business Day: a day (other than a Saturday or Sunday) on which banks are open for business in Nicosia (other than solely for trading and settlement in Euro).
  • Content: all materials/works including text, information, data, images, photos, drawings, typographical arrangements, audio or video material in any medium or form created/produced and provided by Performers to us and then published by the Performers in order to be viewed by the Users.
  • Group Company: each party and any undertaking which is, on or after the effective date of these Terms of Use from time to time, a subsidiary undertaking of us, a parent undertaking of us, a subsidiary undertaking of a parent undertaking of us or a subsidiary undertaking of a subsidiary undertaking of us, or a subsidiary or parent undertaking of any of them.
  • Intellectual Property Rights: patents, rights to inventions, copyright and related rights, trademarks, business names and domain names, rights in get-up, goodwill and the right to sue for passing off, rights in designs, rights in computer software, database rights, rights to use and protect preserve the confidentiality of, confidential information (including know-how), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
  • Interaction: including, but not limited to, responding to paid text messages from Users and private chats via webcam between Users and Performers via www.mydirtyhobby.com.
  • Personal Information: any information relating to a User or Performer including, but not limited to, the individual's name, gender, date of birth, age, mailing address, telephone number, email address, personal password and payment details.
  • Performer: a self-employed person or entity producing Content, submitting such Content to and publishing it on our Site in order to offer such Content for sale on www.mydirtyhobby.com and/or a self-employed person offering Interaction on www.mydirtyhobby.com.
  • Related Website: any other website than our Site that is operated by us or by any Group company or a company which has a business relationship with us and/or a Group company.
  • User Account: an account registered by the User at www.mydirtyhobby.com via the Site.

A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality).

A reference to a company includes any company, corporation or other body corporate, wherever and however incorporated or established.

Unless the context otherwise requires, words in the singular shall include the plural and vice versa.

Unless the context otherwise requires, a reference to one gender shall include a reference to the other genders.

A reference to any party includes that party's personal representatives, successors or permitted assigns.

A reference to a statute, statutory provision or subordinate legislation is a reference to it as it is in force, taking account of any amendment or re-enactment and includes any statute, statutory provision or subordinate legislation which it amends or re-enacts.

References to clauses and schedules are to the clauses and schedules of these Terms of Use, if not stated otherwise.

Any obligation in this agreement not to do something includes an undertaking not to allow that thing to be done.

INTRODUCTION AND CONTRACTUAL RELATIONSHIP

Please be aware that Performers may provide and publish Content at our Site that is intended for an age restricted audience. Therefore, access to our Site is intended solely for people who wish to access visual images, audio sounds, and verbal descriptions of a sexually oriented and frankly erotic nature. The Content available on our Site may include depictions that are visually graphic in nature and portrayals of nudity or sexual acts and should not be accessed by anyone who has not yet attained the age of majority, who finds such material offensive in nature, or anyone who simply does not wish to be exposed to such materials.

REGISTRATION OF USER ACCOUNTS

You may access many areas of our Site without registering your personal details with us.,

The User may not view the Site if the User is not over eighteen (18) years of age and/or over the age of majority if residing in states, provinces or countries where the age of majority is greater than eighteen (18) years of age.

LICENCE

You are not allowed to record, save, share, reproduce, duplicate, copy or re-sell any piece of Content, including, but not limited, by uploading the Content to so- called One-Click-Hoster/Sharehoster or by sharing the Content via file sharing networks or Torrent networks etc.

Unless otherwise stated, the copyright and other Intellectual Property Rights in all material on our Site (including, but not limited to, photographs, videos, graphical images, texts as well as all Content) belong to us or the Performers. For the purposes of these Terms of Use, any use of extracts from our Site and Content is prohibited. If you breach any of the terms in these Terms of Use, your permission to use our Site automatically terminates and you must immediately destroy any downloaded extracts and Content from our Site.

USER MATERIAL AND CONDUCT

Other than personally identifiable information, which is covered under our Privacy Policy, any material you transmit to or post on our Site shall be considered non-confidential and non-proprietary. We shall have no obligations with respect to such material. We and our designees shall be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text, comments and other things embodied therein for any and all commercial or non-commercial purposes.

You are prohibited from posting or transmitting to our Site, to other Users or Performers any material:

  1. that is threatening, defamatory, seditious, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, xenophobic, condemnable, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience;
  2. for which you have not obtained all necessary licences and/or approvals;
  3. that is infringing any third party's intellectual property rights;
  4. that is promoting or including any advertisement for other websites than our Site;
  5. that is promoting sexual services offered by a User;
  6. which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in any country in the world.

You may also not use our Site in order to transmit or procure the sending of any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation via email, or other electronic communication.

You shall not offer money or any other item of value to be given as consideration to the Performers in order to receive from such Performers dating/dating services, escort services, prostitution, and/or personal sexual services/sexual intercourse (except with regard to any sexual depictions during Interaction).

If necessary, we shall fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any material in breach of clause 5.2 or clause 5.3.

Any rights not expressly granted in these terms are reserved.

SERVICE ACCESS

We always try to ensure that our Site is normally available 24 hours a day, but we shall not be liable if -for any reason- our Site is unavailable at any time or for any period.

Access to our Site may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.

BREACH / INDEMNIFICATION

Without prejudice to any other rights, if you breach in whole or in part any provision of the Terms of Use, we reserve the right to take such action as it sees fit, including taking legal actions against you.

You agree to fully indemnify, defend and hold us and the Group Company, its shareholders, directors and employees harmless from and against all claims, demands, liabilities, damages, losses, costs and expenses, including legal fees and any other charges whatsoever, howsoever caused, that may arise as a result of your breach of these Terms of Use, in whole or in part, your violation of any law or any third party rights, and your use of our Site.

DATA PROTECTION

Any use of our Site, the Content and the data/personal information provided by you to Colbette II are governed by Colbette II’s Privacy Policy. The latest version of the Privacy Policy can be found here.

WARRANTIES

While we try to ensure that the information on our Site is correct, we do not warrant the accuracy and completeness of the material on our Site. We may make changes to the material on our Site, or to the products and prices, at any time without notice. With regard to the prices for accessing Content and for participating in Interaction, Colbette II has no influence on the specific prices as they are defined by the respective Performers. The material on our Site may be out of date, and we make no commitment to update such material.

The material on our Site is provided "as is", without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, we provide the User with our Site on the basis that we exclude all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which might have effect in relation to our Site.

EVENTS OUTSIDE OUR CONTROL

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under an agreement/contract that is caused by events outside our reasonable control (hereinafter “Force Majeure Event”).

A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) strikes, lock-outs or other industrial action; civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; fire, explosion, storm, flood, earthquake, subsidence or other natural disaster; impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; impossibility of the use of public or private telecommunications networks; the decrees, legislation, regulations or restrictions of any government; and pandemic or epidemic.

Our performance under any agreement or contract is deemed to be suspended for the period of the Force Majeure Event. After the end of the Force Majeure Event, term of the agreement will be extended by the period of the Force Majeure Event. We will use reasonable endeavours to bring the Force Majeure Event to an end or to find a solution by which the company’s obligations under the Terms of Use may be performed despite the Force Majeure Event.

LIABILITY

We and any Group Company, the shareholders, directors, officers, or employees shall not be liable (jointly or severally) to you or any third party for any special, incidental, indirect or consequential damages of any kind, or any damages whatsoever resulting from loss of use, data or profits, whether or not advised of the possibility of such damage, and on any theory of liability, arising out of or in connection with the use or performance of this information. Any liability to pay damages or compensation, based on contract law, torts, negligence or any other area of law or arising from any duty of indemnification, shall in any event be limited to a total aggregate amount of 100 USD$. If any applicable authority holds any portion of this clause 11.1 to be unenforceable, then liability will be limited to the fullest possible extent permitted by applicable law.

Colbette II is liable without limitation if damage is caused by an intentional or gross negligent breach of duty by Colbette II or one of its legal representatives or vicarious agents.

In addition, Colbette II is liable for slight negligent breach of essential obligations the breach. Those are breaches which put at risk the achievement of the contractual purpose, or the performance of which enables the fulfillment of the contract and is regularly trusted on by the User. In this case, Colbette II however is only liable for foreseeable damage typical of the contract; Colbette II is not liable for slight negligent breach of any other obligations than those mentioned in the previous clauses.

All aforementioned limitations of liability in the Terms of Use do not apply to damages from injury to life, body or health, for a defect after a guarantee for the condition of the product or for fraudulently concealed defects.

If your use of material on our Site results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.

ASSIGNMENT

We reserve the right to assign this agreement, in whole or in part, at any time without notice. You may not assign any of your rights or obligations under these Terms of Use.

SEVERABILITY

If a provision of these Terms of Use is or becomes illegal, invalid or unenforceable in any jurisdiction, that shall not affect the validity or enforceability in that jurisdiction of any other provision hereof or the validity or enforceability in other jurisdictions of that or any other provision hereof.

WAIVER

No waiver by us of any breach of any provision of these Terms of Use shall in any way be construed as a waiver of any subsequent breach of such provision or of any breach of any other provision of these Terms of Use.

VARIATIONS

We reserve the right to modify any of these Terms of Use at any time, in our sole discretion, by posting the new version of the Terms of Use under this URL. All changes to these Terms of Use shall be deemed approved by you if you do not object within 30 days of receiving the notice about the modifications of the Terms of Use. We will inform you again about that term and the possible consequences in this notice. If any of the modifications are unacceptable to you, your only recourse is to terminate your User Account. Your continued participation under the modified version of the Terms of Use after the end of the term of 30 days will be deemed binding acceptance of the modifications.

MISCELLANEOUS

Nothing in these Terms of Use shall create or confer any rights or other benefits in favour of any third parties not party to the business relationship between the Parties.

These Terms of Use constitute the entire understanding and agreement between the User and Colbette II regarding our Site and supersedes any prior agreement, understanding, or arrangement between the Parties.

We may terminate these Terms of Use for any or no reason at any time by notifying you through a notice on the Site, by email, or by any other method of communication. Any such termination will be without prejudice to our rights, remedies, claims, or defenses hereunder.

JURISDICTION / GOVERNING LAW

These Terms of Use shall be governed by and construed in accordance with the laws of Cyprus, excluding international private law and excluding the United Nations Convention on Contracts for the International Sale of Goods. USERS with a habitual residence abroad shall be entitled, independently of the choice of law, to rely on the mandatory consumer protection laws of the country of their habitual residence.

Online dispute resolution (Article 14, Section 1 of the Regulation on consumer ODR): The European Commission provides a platform for online dispute resolution which is accessible at http://ec.europa.eu/consumers/odr/.

Colbette II Ltd. does not participate in the dispute resolution procedure before a Consumer Arbitration Service and is also not obliged to do so.

Date of last revision: May 6th, 2019

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