Event Participant Terms of Use
Effective Date: January 1, 2022
Last Updated Date:
January 20, 2023
These Event Participant Terms of Use (“Terms”) set out the terms and conditions that apply to strmz.io users that register for, participate in, or attend an Event (defined below) through strmz.io (www.strmz.io, the “Streaming Platform”). By accessing or using the Streaming Platform to attend or participate in Events, you agree to be bound by these Terms and the strmz.io Terms of Service agreement (including, without limitation, its provisions regarding export restrictions, governing law, dispute resolution and arbitration) unless you and No Filter have entered into a mutually- executed written services agreement (e.g., a Master Subscription Agreement) (“Service Agreement”) in which case such Service Agreement will apply. The Streaming Platform is part of the strmz.io “Services” as defined in the strmz.io Terms of Service agreement.
In the event of a conflict or inconsistency between these Terms and any other terms or agreements between you and No Filter, these Terms shall control with respect to your participation in or attendance of Events through the Streaming Platform. To the extent (but only to the extent) any agreement you may have with No Filter regarding hosting or creating events on the Streaming Platform conflicts with these Terms, those agreements (and not these Terms) will prevail.
If you are a consumer based within the European Economic Area, Switzerland, or the United Kingdom, additional terms apply to your use of the Streaming Platform (see Section 13 below).
1. Access and Scope of Services
1.1 Event Services. The Streaming Platform allows for event hosts (“Event Hosts”) to create, organize, host, promote, manage, and list online events, performances, gatherings, or similar functions, or a series thereof on the Streaming Platform (“Event” or “Events”) for Event attendees, panelists, sponsors, and alternative hosts (collectively “Event Participants”) to purchase or receive tickets to and attend such Events, and for Event Hosts and Event Participants to interact on or through the Streaming Platform. Event Hosts, Event Participants, and other users of the Streaming Platform may each be referred to individually in these Terms as a “User” and collectively as “Users.”
1.2 Access and Eligibility. To access the Streaming Platform you must have a strmz.io account in good standing. The Streaming Platform (and certain features thereof) is not available in all countries and No Filter reserves the right to restrict access based on region. strmz.io is only available to United States residents. To host Events on the Streaming Platform, separate terms apply.
1.3 No Guarantee of Availability. Notwithstanding anything to the contrary in any other agreement between you and No Filter, No Filter does not guarantee or warrant the uninterrupted availability or accessibility of the Streaming Platform. No Filter may restrict the availability of all or part of the Streaming Platform or certain features thereof without notice at any time and for any reason, including to protect the security or integrity of the Streaming Platform, our servers, or to carry out maintenance for the Streaming Platform. No Filter may discontinue the Streaming Platform or any portion or feature thereof or modify the features of the Streaming Platform from time to time without prior notice.
1.4 Third-Party Links. The Streaming Platform may contain links to third-party websites or resources (“Third-Party Services”). Such Third-Party Services may be subject to different terms and conditions and privacy practices. No Filter is not responsible or liable for the availability or accuracy of such Third-Party Services, the content, products, or services available from such Third-Party Services, or their privacy practices. Links to such Third-Party Services are not an endorsement by No Filter of such Third-Party Services and use of such Third-Party Services is at your own risk.
1.5 Your responsibility for Bystanders. Before using the Streaming Platform, you are responsible for telling anyone within range of your device’s camera or microphone, including members of your household and guests, that they may be seen and heard by Users and others at their location. If you permit anyone to be within range of your device’s camera or microphone during an Event, you consent on their behalf, to the fullest extent permitted by law, to these Terms and the strmz.io Privacy Policy.
1.6 Modification of Terms. No Filter may modify these Terms at any time. When we make changes to these Terms, we will post the revised Terms on the Streaming Platform and update the “Last Updated” date at the top of these Terms. We will also provide you with notice of the proposed changes by email at least thirty (30) days before the date they become effective. If you disagree with the revised Terms, you may terminate these Terms as provided herein. Any continued access to or use of the Streaming Platform after the date the revised Terms become effective will constitute your acceptance of the revised Terms.
2. User Content
2.1 User Content. All content, such as information, data, images, video, audio, material, and/or graphics, set forth on or distributed through the Streaming Platform by a User, including Event listings and live Events, is known as “User Content.” You are solely responsible for your User Content and you represent and warrant that your User Content complies with all laws pertaining to your User Content. You agree that any User Content that violates the strmz.io Terms of Service agreement, or these Terms, is a breach of these Terms.
2.2 License. Notwithstanding anything to the contrary in any other agreement between you and No Filter, by creating, uploading, posting, sending, receiving, storing, or otherwise making available any User Content on or through the Streaming Platform, you grant to No Filter a non-exclusive, worldwide, royalty-free, and irrevocable license to access, moderate, remove, edit, analyze, store, copy, reproduce, distribute, publish, transmit, stream, broadcast, and otherwise use such User Content to provide the Streaming Platform in a manner consistent with these Terms. If you agree to be recorded in connection with an Event, you further agree that No Filter may display this recording on or through the Streaming Platform at the Event Host’s direction, including for commercial, promotional, and other legitimate purposes.
2.3 User Conduct. As a condition of your use of the Services, you agree not to use the Services for any purpose that is prohibited by the Agreement or by applicable law. You shall not (and shall not permit any third party) either take any action or Make Available any content on or through the Services that: (a) infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any person or entity; (b) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, offensive, or profane; (c) constitutes unauthorized or unsolicited advertising, junk or bulk e-mail; (d) involves commercial activities and/or sales without No Filter’s prior written consent, such as contests, sweepstakes, barter, advertising, or pyramid schemes; (e) impersonates any person or entity, including any employee or representative of No Filter; (f) interferes with or attempt to interfere with the proper functioning of the Services or uses the Services in any way not expressly permitted by the Agreement; or (g) attempts to engage in or engage in, any potentially harmful acts that are directed against the Services, including but not limited to violating or attempting to violate any security features of the Services, using manual or automated software or other means to access, “scrape,” “crawl” or “spider” any pages contained in the Services, introducing viruses, worms, or similar harmful code into the Services, or interfering or attempting to interfere with use of the Services by any other user, host or network, including by means of overloading, “flooding,” “spamming,” “mail bombing,” or “crashing” the Services.
2.4 No Obligation to Pre-Screen Content. You acknowledge that No Filter has no obligation to pre-screen any User Content, although No Filter reserves the right in its sole discretion to pre-screen, refuse or remove any such content. By entering into the Agreement, you hereby provide your irrevocable consent to such monitoring. You acknowledge and agree that you have no expectation of privacy concerning the transmission of User Content, including without limitation chat, text, or voice communications. In the event that No Filter pre-screens, refuses or removes any User Content, you acknowledge that No Filter will do so for No Filter’s benefit, not yours. Without limiting the foregoing, No Filter shall have the right to remove any content that violates the Agreement or is otherwise objectionable.
2.5 User Warranty. You represent and warrant that any User Content will not (a) infringe any copyright, trademark, or patent; (b) misappropriate any trade secret; (c) be deceptive, defamatory, obscene, pornographic or unlawful; (d) contain any viruses, worms or other malicious computer programming codes intended to damage No Filter’s system or data; and (e) otherwise violate the rights, including privacy or publicity rights, of a third party. You agree that any use of the Services contrary to or in violation of your representations and warranties in this Section 2.5 constitutes unauthorized and improper use of the Services. Although No Filter is not responsible for any Content, No Filter may delete any Content, at any time without notice to You, if No Filter becomes aware that it violates any provision of this Agreement, or any law.
2.6 Reporting User Content. You acknowledge that the Streaming Platform features enable Users to report inappropriate behavior during Events to No Filter’s Support team for review. No Filter reserves the right, but not the obligation, to monitor and review Event listings, Event reviews and other User Content, as well as any User reports of inappropriate behavior during Events, to ensure compliance with these Terms, the law, and to protect against harm to the safety, rights or property of Users, No Filter, or others. If you become aware of any User Content that breaches these Terms or applicable law, please contact us at Support@strmz.io, providing your full name and address, along with details of: (1) the date and time the content was posted; (2) reasons why the content should be deleted, along with evidence for this; and (3) copies of any communication with the person who posted it (if any).
2.7 Investigations. Notwithstanding anything to the contrary in any other agreement between you and No Filter, No Filter further reserves the right to disclose any such User Content and other information to law enforcement or other governmental agencies as we believe reasonably necessary. Users also agree to provide No Filter with such cooperation and information and take such actions No Filter may reasonably request relating to any investigation undertaken by No Filter or its representatives regarding the use of the Streaming Platform or compliance with these Terms.
2.8 Recordings. Your Event Host may choose to record the event in which you are participating. By using the Services, you are giving No Filter consent to store (but No Filter shall not have any obligation to store) any such Recordings. If you do not consent to being recorded, you can choose to leave the event.
3. Use of the Streaming Platform
3.1 Event. Event Hosts are solely responsible for their Events and Event listings, including providing customer support for their Events. This includes, but is not limited to, providing complete and accurate information about the Event and disclosing any restrictions and requirements that may apply. You acknowledge and agree that No Filter is not obliged to mediate any disputes between you and any other User.
3.2 Event Tickets. When Users offer, sell, or buy tickets to an Event, including free tickets, they may be entering into a contract directly with each other. No Filter is not and does not become a party to or participant in any contractual relationship between Users, and No Filter is not acting as an agent for any User.
3.3 Compliance with Laws and Regulations. Your use of the Streaming Platform must be in compliance with all applicable laws and regulations.
3.4 Prohibited Uses. In connection with your use of the Streaming Platform, you will not and will not assist or enable others to:
- breach or circumvent any applicable laws or regulations, agreements with third-parties, third-party rights, these Terms, the strmz.io Community Standards, the strmz.io Terms of Service or Service Agreement, or other applicable policies or rules;
- promote or further any criminal activity or provide instructional information about illegal activities;
- use the Streaming Platform in a way that is deceptive, fraudulent, false, or misleading;
- copy, retain, or otherwise access or use any information, including personal data about any other User in any way that is inconsistent with these Terms or your own applicable privacy policies or that otherwise violates the privacy rights of Users or third parties, or applicable law;
- infringe, disparage, dilute, tarnish or otherwise harm No Filter or any No Filter brand in any way;
- act in a way that adversely affects, or could adversely affect the performance, security, or proper functioning of the Streaming Platform;
- scrape, crawl, or use other automated or manual means or processes to access or collect data or other content from the Streaming Platform;
- rent, lease, resell, distribute, or use the Streaming Platform for commercial purposes not allowed by these Terms, or otherwise exploit the Streaming Platform in any unauthorized manner;
- infringe any third-party intellectual property rights or enable such infringement using the Streaming Platform;
- use the Streaming Platform in a way that, in No Filter’s sole discretion, is objectionable, restricts or inhibits any other person from using or enjoying the Streaming Platform, or may expose No Filter or any Users to harm or liability of any type.
3.5 Ticket Cancellation. To the fullest extent permitted by applicable law and without limiting any other rights of No Filter herein, including the right to terminate or cancel any Event (including as the Event is occurring), No Filter may cancel tickets (including purchased tickets) or registrations if No Filter finds, in its sole discretion (1) that the Event Participant is in violation of applicable law, these Terms, the strmz.io Terms of Service or Service Agreement, or No Filter’s policies or rules applicable to the Streaming Platform, (2) that Event Participant’s attendance may be harmful or objectionable to No Filter, its Users, or third parties, or (3) to comply with a court order.
4. Payment Terms, Fees and Taxes
4.1 Third-Party Payment Processing and Fees. Payment processing for the Streaming Platform, including for transactions between Event Hosts and ticket purchasers and collecting donations, will be performed by one or more third-party payment processors. Your use of a payment processor will be subject to additional terms and conditions between you and the payment processor, which may include transaction fees. No Filter is not responsible or liable for a payment processor’s performance or any actions taken by a payment processor including without limitation, declining your transaction, holding your funds, or requesting additional information from you. No Filter merely facilitates such transactions by collecting information from Users necessary to enable the payment processing and submitting it to the applicable payment processor.
4.2 Taxes. No Filter will add to the ticket price any required transaction-based taxes or fees that are required to be collected from the ticket purchaser and remitted to any taxing or regulatory authorities, consistent with applicable law.
5. Refunds and Cancellations
Because all transactions (including those processed by a third-party payment processor) are between you and the Event Host, No Filter is not responsible or liable for providing refunds for purchased tickets. If you validly cancel a purchased ticket or registration that allows for refunds, or if an Event Host cancels an Event, you will receive a refund of the ticket price automatically. Unless otherwise agreed to by the Event Host or required by applicable law, Event Hosts are not required to honor any other form of cancellation or refund request (such as those outside the posted refund policy). You may also seek a refund as allowed under a third-party payment processor’s terms and conditions. Refunds will be made to the original means of payment used for the initial transaction. The timing for any refund or reimbursement or for any pre-authorization to be released will vary based on the payment method used and any applicable payment system (e.g., Visa, MasterCard, etc.) or third-party payment processor rules.
6. Ratings and Reviews
Ratings and Reviews. Event Participants may be able to submit a star rating (“Rating”) and/or write a review (“Review”) of Events they attend. Ratings and Reviews are User Content and reflect the opinions of individual Event Participants and do not reflect the opinion of No Filter. Ratings and Reviews are not verified by No Filter for accuracy and may be incorrect or misleading.
6.1 Guidelines for Ratings and Reviews. Ratings and Reviews must be truthful and accurate and you may not manipulate the Ratings and Review system, including, but not limited to, by: (1) offering or accepting a monetary or other reward for submitting a Rating or Review; (2) submitting a Rating or Review for your own Event; (3) submitting an inaccurate Rating or Review for a competitor’s Event; or (4) instructing or requesting another User to submit a positive or negative Rating or Review about an Event Host or Event.
6.2 No Filter Use of Ratings and Reviews. Ratings and Reviews may be displayed on the Streaming Platform in No Filter’s sole discretion.
7. Copyright and Trademark Infringement
If you are a copyright or trademark owner or an agent of a copyright or trademark owner and you believe that any content on the Streaming Platform infringes your copyright, you may submit a notice to No Filter at support@strmz.io.
8. Feedback
We welcome and encourage feedback and suggestions (“Feedback”) for the Streaming Platform. Any Feedback you provide will be considered non-confidential and you hereby grant to No Filter a perpetual, irrevocable, royalty-free, fully paid-up, worldwide, non-exclusive license to use and/or incorporate such Feedback into any No Filter product or service (including the Streaming Platform) at any time.
9. Privacy
Please note that we will only use your personal information in accordance with the strmz.io Privacy Statement. Any personal information you share with Event Hosts, including attending recorded Events, is subject to their privacy policy, which we encourage you to review before sharing any personal information. You agree that your use of the Streaming Platform will comply with all applicable data protection and privacy laws and regulations.
10. Disclaimers
YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE (TO US AND TO OTHERS) FOR YOUR ACTIVITY ON THE STREAMING PLATFORM. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE STREAMING PLATFORM OR PARTICIPATION IN ANY EVENT IS SOLELY AT YOUR OWN RISK. WE DO NOT ASSUME ANY LIABILITY OR MAKE ANY WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS, LEGAL OR IMPLIED, ARISING OUT OF, IN CONNECTION WITH OR WITH RESPECT TO ANY USER CONTENT OR EVENTS. YOU ACKNOWLEDGE THAT WE ARE UNDER NO OBLIGATION TO VERIFY THE BACKGROUND OR QUALIFICATIONS OF ANY HOST OR PARTICIPANT AND THAT WE DO NOT GUARANTEE ANY EVENT WILL MEET YOUR EXPECTATIONS OR CONFORM TO ITS DESCRIPTION. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL NO FILTER OR ITS AFFILIATES BE LIABLE FOR ANY ACT, ERROR, OR OMISSION BY ANY THIRD PARTY WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH A USER’S ATTENDANCE, USE OF, OR PARTICIPATION IN AN EVENT. YOU ACKNOWLEDGE THAT SOME EVENTS MAY CARRY INHERENT RISK, AND BY PARTICIPATING IN SUCH EVENTS, YOU CHOOSE TO ASSUME THOSE RISKS VOLUNTARILY. YOU ACKNOWLEDGE THAT SOME EVENTS MAY CARRY RISK OF ILLNESS, BODILY INJURY, DISABILITY, DAMAGE TO TANGIBLE PROPERTY, EMOTIONAL DISTRESS OR DEATH AND YOU FREELY AND WILLFULLY ASSUME THOSE RISKS BY CHOOSING TO PARTICIPATE IN THOSE EVENTS. YOU ASSUME FULL RESPONSIBILITY FOR THE CHOICES YOU MAKE BEFORE, DURING, AND AFTER YOUR PARTICIPATION IN ANY EVENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL NO FILTER OR ITS AFFILIATES BE LIABLE FOR ANY CLAIM WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT, CIVIL LIABILITY OR OTHERWISE, FOR ILLNESS, BODILY INJURY, DISABILITY, DAMAGE TO TANGIBLE PROPERTY, EMOTIONAL DISTRESS OR DEATH THAT ARISES IN CONNECTION WITH YOUR PARTICIPATION IN AN EVENT.
11. Termination and Suspension
11.1 Termination by No Filter. To the fullest extent permitted by applicable law, No Filter may suspend, limit, or terminate your access to or use of the Streaming Platform at any time, with or without notice, liability, or other obligation to you. Additionally, we may terminate these Terms at any time, without liability or other obligation to you, in the event we reasonably suspect that you may have violated these Terms, the strmz.io Terms of Service agreement, strmz.io Subscription Terms of Service Agreement, and other rules and policies set forth on or applicable to the Streaming Platform. Further, No Filter is entitled to disable or terminate the accounts of Users who repeatedly infringe intellectual property rights of others, including copyrights.
11.2 Termination of Event Access by Event Host. To the fullest extent permitted by applicable law, strmz.io Event Hosts may suspend, limit, or terminate your access to an event they are hosting on the Streaming Platform at any time, with or without notice, liability, or other obligation to you. Additionally, the Event Host may terminate your access to their event at any time, without liability or other obligation to you, in the event they reasonably suspect that you may have violated these Terms. Further, No Filter is entitled to disable or terminate the accounts of Users who repeatedly infringe intellectual property rights of others, including copyrights.
11.3 Termination by You. You may terminate these Terms at any time, for any reason, without notice by discontinuing all use of the Streaming Platform. You are solely responsible for requesting and obtaining any eligible refunds from the Event Host for previously purchased tickets or registrations prior to terminating. Any new or continued use of the Streaming Platform, including attendance at an Event, will be subject to these Terms. If your No Filter account is terminated or closed, these Terms and your use of the Streaming Platform shall terminate automatically.
11.4 Effect of Termination. Termination of these Terms does not automatically terminate any other agreement you may have with No Filter, including the strmz.io Terms of Service agreement. All sections of these Terms which by their nature should survive termination will survive termination, including, without limitation, disclaimers and indemnification.
12. General Provisions
12.1 Assignment. Notwithstanding anything to the contrary in any other agreement between you and No Filter, you may not assign these Terms without No Filter’s prior written consent. No Filter may assign or transfer these Terms, at its sole discretion, without restriction.
12.2 Entire Agreement. These Terms, the strmz.io Terms of Service agreement, and any documents incorporated into these Terms by reference, constitute the entire agreement between you and us regarding your use of the Streaming Platform as an Event Participant and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of these Terms.
12.3 Severability. Each of the clauses of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining clauses will remain in full force and effect.
12.4 No Waiver. No failure by No Filter to enforce any of its rights related to the Streaming Platform or to a breach of these Terms in a particular situation will act as a waiver of such rights.
12.5 No Third-Party Beneficiaries. Except as expressly stated herein, these Terms shall not confer any rights or remedies upon any third party.
12.6 Governing Law and Jurisdiction. To the fullest extent permitted by applicable law, these Terms will be interpreted in accordance with the Choice of Law and Forum provision of the applicable strmz.io Terms of Service agreement.
Contact Us. For questions, you may contact us at support@strmz.io.
THE FOLLOWING SECTIONS (COLLECTIVELY, THE “EU TERMS”) APPLY TO YOU ONLY IF YOU ARE A CONSUMER BASED IN THE EUROPEAN ECONOMIC AREA, SWITZERLAND, OR THE UNITED KINGDOM.
13. EU Terms
13.1 Sales Contract between the Event Host and Event Participant.
(a) When an Event Host sells or provides a ticket to an Event and you purchase or register for that Event and receive a confirmation email, this constitutes a legally binding agreement between the Event Host and you (the “Sales Contract”). No Filter is not a party to the Sales Contract and No Filter is not acting as an agent for either you or the Event Host.
(b) The Sales Contract requires that the Event Host provides the Event to you as described in the Event listing and you agree to pay the amount (if any) set out in the Event listing and during the order process. The terms of the Sales Contract shall include: (1) the information set out in the Event listing and the order process; and (2) the information set out in this Section 13 and any other provisions of these Terms relevant to the provision of the Event by the Event Host and the attendance of the Event by you.
(c) The Event Participant does not have the right to cancel the Sales Contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (or, for consumers resident in EU member states, the equivalent legislation implementing the Consumer Rights Directive 2011).
(d) The Sales Contract shall terminate: (1) if you exercise a right to cancel in accordance with the cancellation policy specified in the Event listing; (2) when the Event has been fully delivered; or (3) when a party’s No Filter account is terminated.
13.2 Termination by No Filter. No Filter may terminate these Terms or suspend your access to the Streaming Platform for any reason by giving you 30 days’ written notice. No Filter may also terminate these Terms or suspend or limit your use of the Streaming Platform immediately and without prior notice and stop providing access to the Streaming Platform, if (1) you materially breach these Terms (including any other terms or policies incorporated herein), (2) you violate applicable laws, or (3) such action is necessary to protect the safety or property of No Filter, other Users, or third parties. Further, No Filter is entitled to disable or terminate the accounts of Users who repeatedly infringe intellectual property rights of others, including copyrights.
13.3 ODR Platform. If you are a consumer who is resident in the European Union and you wish to have more information on online dispute resolution, please follow this link to the website of the European Commission: http://ec.europa.eu/consumers/odr/. This link is provided as required by Regulation (EU) No 524/2013 of the European Parliament and of the Council, for information purposes only. No Filter is neither obliged nor willing to participate in online dispute resolution.
13.4 Assignment. No Filter is entitled to assign or transfer these Terms without restriction, provided that if such assignment will affect your rights or obligations under these Terms, we will notify you in advance, and you will have the right to terminate your agreement to these Terms.
13.5 Governing Law and Jurisdiction. To the fullest permitted by applicable law, these Terms are governed by UK law. This means that your access to and use of the Streaming Platform and any dispute or claim arising out of or in connection with the Streaming Platform or these Terms (including non-contractual disputes or claims) will be governed by UK law. Unless you are a consumer, you and No Filter agree that the courts of the United Kingdom shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these Terms or their subject matter or formation. If you are a consumer, you may bring any dispute which may arise under these Terms to the competent court of the United Kingdom or to the competent court of your country of habitual residence, so long as this country is within the UK, an EU Member State or Switzerland. No Filter shall bring any dispute which may arise under these Terms to the competent court of your country of habitual residence or domicile if within the UK, Switzerland or an EU Member State, or otherwise the competent court of the United Kingdom.
13.6 Additional Terms Applicable to German Consumers
For consumers habitually residing in Germany only, our statutory liability for damages shall be limited as follows:
(a) SUBJECT TO PARAGRAPH (b) WE SHALL BE LIABLE ONLY UP TO THE AMOUNT OF DAMAGES AS TYPICALLY FORESEEABLE AT THE TIME OF ENTERING INTO THESE TERMS WITH YOU IN RESPECT OF DAMAGES CAUSED BY A SLIGHTLY NEGLIGENT BREACH OF A MATERIAL CONTRACTUAL OBLIGATION OF US (I.E. A CONTRACTUAL DUTY THE FULFILMENT OF WHICH IS ESSENTIAL FOR THE PROPER EXECUTION OF THE AGREEMENT WITH YOU, THE BREACH OF WHICH ENDANGERS THE PURPOSE OF THE AGREEMENT WITH YOU AND ON THE FULFILMENT OF WHICH YOU REGULARLY RELY); WE SHALL NOT BE LIABLE FOR DAMAGES CAUSED BY A SLIGHTLY NEGLIGENT BREACH OF A NON-MATERIAL CONTRACTUAL OBLIGATION.
(b) NOTHING IN THESE TERMS EXCLUDES OR LIMITS YOURS OR NO FILTER’S LIABILITY FOR:
- WILFUL MISCONDUCT OR GROSS NEGLIGENCE;
- DEATH OR PERSONAL INJURY CAUSED BY ANY KIND OF NEGLIGENCE;
- LIABILITY FOR ASSUMING A SPECIFIC GUARANTEE; OR
- THE GERMAN PRODUCT LIABILITY ACT;
(c) FURTHER, NOTHING IN THESE TERMS AFFECTS YOUR STATUTORY CONSUMER RIGHTS. ADVICE ABOUT A USER’S RIGHTS AS A CONSUMER WILL BE AVAILABLE FROM CONSUMER BODIES APPLICABLE TO THAT USER.
(d) NO FILTER ONLY SUPPLIES THE STREAMING PLATFORM FOR YOUR PERSONAL USE.