Celeum Terms of Service
“Account” means the account associated with your email address.
“Celeum” means the operator of the Website.
“Client” means the User that bought the Gig.
“Freelancer” means the User that sold the Gig.
“Gig” means an offer to provide Services posted by a Freelancer on the Website.
“Services” means the services to be rendered by a Freelancer to a Client according to the provisions of a User Contract.
“Tokenholder” means a User holding LNC tokens.
“User”, “you” or “your” means an individual who interacts with this Website.
“User Agreement” means the legally binding agreement between you and Celeum concluded by your acceptance of these Terms of Service.
“User Contract” means the legally binding contract between a Client and a Freelancer concluded by using the Website.
“Website” means the website available under www.celeum.tk.
Use of the Website
By accessing the Website, you agree to the following terms with Celeum.
We may amend the User Agreement and any linked information at any time by posting amended terms on the Website, without notice to you.
This Website’s purpose is to enable our Users to buy and sell Gigs, and cooperate on certain projects. Our role is to ease online cooperation between Freelancers and Clients and, if demanded, mediate by using our Tokenholder Tribunal. We are no party to any contractual agreements between Freelancers and Clients.
We reserve ourselves the right to change or add information and content to our Website without any prior notice. However, we are not responsible for any outdated or false information on our Website and we do not undertake to keep the Website updated. We are not liable for any error that occurs due to incorrect or outdated information on our Website.
You are not eligible to use This Website and any of the services offered on the Website if:
You do not hold a valid email address.
You are not able to form legally binding contracts.
You are a person barred from receiving and rendering services under the laws of Austria or any other applicable jurisdiction;
You are suspended from using the Website; or
You are under the age of 18.
All free User Accounts are associated with individuals. Login credentials should not be shared by Users with others. The individual associated with the Account will be held responsible for all actions taken by the Account, without limitation.
Subject to your local laws, a person over 15 but under 18 can use an adult’s Account with the permission of the Account’s owner. However, the Account owner remains responsible for all actions taken by the Account, without limitation.
Users may provide a business name or a company name, which is associated with the User’s Account. Users acknowledge and agree that where a business name or company name is associated with their Account, this User Agreement is a contract with the User as an individual (not the business or company) and Users remain solely responsible for all activity undertaken in respect of their Account.
A company, corporation, trust, partnership or other non-individual corporate entity may be a User subject to an eligible corporate account which pays for a corporate subscription.
We may, at our absolute discretion, refuse to register any person or entity as a User.
You cannot transfer or assign any rights or obligations you have under this User Agreement without Celeum’s prior written consent.
When you give us content, you grant us a worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise any and all copyright, trademark, publicity, and database rights (but no other rights) you have in the content, in any media known now or in the future.
You agree to the following points:
We have the right to reject, approve or modify your User content at our sole discretion. The decision, whether or not User content is made available lies in our hands only.
Our Website only serves as a forum for the publication of User content. We do not guarantee that any submitted content will be made available. We have the right (but not obligation) to take any action deemed appropriate by us in respect to your User content.
We are not responsible for the deletion or failure to store any submitted content, whether or not it was made available on our Website.
You represent and warrant that your content:
will not contain material linked to terrorist activities;
will not contain any viruses or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
will not infringe upon or misappropriate any copyright, patent, trademark, trade secret, or other intellectual property right or proprietary right or right of publicity or privacy of any person;
will not violate any law or regulation;
will not be obscene or contain child pornography;
will not contain information regarding the development, design, manufacture or production of missiles, or nuclear, chemical or biological weapons
will not include incomplete, false or inaccurate information about the User or any other individual; and
will not be defamatory or trade libelous.
Information on the Website may contain general information about legal, financial, health and other matters. The information is not advice, and should not be treated as such. You must not rely on the information on the Website as an alternative to professional advice. If you have specific questions about any matter you should consult your professional adviser.
We provide unmonitored access to third-party content, including User feedback and articles with original content and opinions (or links to such third party content). We only act as a portal and have no liability based on, or related to, third party content on the Website, whether arising under the laws of copyright or other intellectual property, defamation, libel, privacy, obscenity, or any other legal discipline.
The Website may contain links to other third party websites. We do not control the websites to which we link from the Website. We do not endorse the content, products, services, practices, policies or performance of the websites we link to from the Website. Use of third-party content, links to third-party content and/or websites is at your risk.
In relation to deletion or hiding of any information or content, using the Website to delete, hide or otherwise dispose of information does not imply permanent deletion of content or information. Information may be retained for a period of time to fulfill record-keeping, regulatory, compliance, statistical, law enforcement and other obligations.
Access and Interference
You agree that you will not use any robot, spider, scraper or other automated means to access the Website via any means for any purpose without our express written permission.
Additionally, you agree that you will not:
bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Website;
take any action that imposes or may impose (in our sole discretion, exercised reasonably) an unreasonable or disproportionately large load on our infrastructure;
copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for your information) from the Website without the prior express written permission of Celeum and the appropriate third party, as applicable;
interfere or attempt to interfere with the proper working of the Website, services or tools, or any activities conducted on or with the Website, services or tools; or
interfere with, damage, manipulate, disrupt, disable, modify, overburden, or impair any device, software system or network connected to or used (by you or us) in relation to the Website or your Account, or assist any other person to do any of these things, or take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure.
We may display your company or business name, logo, images or other media as part of the Celeum Services and/or other marketing materials relating to the Website, except where you have explicitly requested that we do not do this and we have agreed to such a request in writing.
You acknowledge that we may use the public description of your Gigs or other projects and the content of your profile information on the Website for marketing and other related purposes.
Feedback, Reputation, and Reviews
You acknowledge that you transfer copyright of any feedback, reputation or reviews you leave consisting of comments and any rating(s) (e.g. quality, communication, etc.) together with any composite rating to us. You acknowledge that such feedback, reputation, and reviews belong solely to us, notwithstanding that we permit you to use it on our Website while you remain a User. You must not use, or deal with, such feedback, reputation, and reviews in any way inconsistent with our policies as posted on the Website from time to time without our prior written permission.
You may not do (or omit to do) anything that may undermine the integrity of the Celeum feedback system. We are entitled to suspend or terminate your Account at any time if we, in our sole and absolute discretion, are concerned by any feedback about you,
or your feedback rating, where we believe our feedback system may be subverted.
Our feedback ratings belong to us and may not be used for any purpose other than facilitating the provision of seller services via the Website. You may not use your order feedback (including, but not limited to, marketing or exporting your any or all of your composite rating(s) or feedback comments) in any real or virtual venue other than a website operated by Celeum or its related entities, without our written permission.
You agree that any reviews or feedbacks you leave on our Website are truthful and non-malevolent. We reserve ourselves the right to delete any reviews or remarks which we deem libelous and/or malevolent.
You are not allowed to post any advertisements for companies/products on our Website. Any content posted by you must relate to the Project at hand. Any content deemed by us as advertisements will face deletion.
Communication With Other Users
Communication with other Users on the Website must be conducted through the text chat functionality provided on the Website.
You must not post your email address or any other contact information (including but not limited to Skype ID or other identifying strings on other platforms) on the Website, except in the “email” field of the signup form, at our request or as otherwise permitted by us on the Website.
Unless you have a prior relationship with a User, you must only communicate with Users via the Website. You must not, and must not attempt to, communicate with other Users through any other means including but not limited to email, telephone, Skype, ICQ, AIM, MSN Messenger, WeChat, SnapChat, GTalk, GChat or Yahoo.
Celeum may use information such as your name, location, display- or username, and or your image, in relation to the provision messaging services on the Website or in the mobile apps.
We may read all correspondence posted to the Website and download or access, and test (if necessary), all uploaded files, programs and websites related to your use of the Website for the purpose of investigating fraud, regulatory compliance, risk management and other related purposes.
Further in the case of a dispute the whole chat history gets visible to all registered Users interested in the dispute. This includes all files/text provided to the Freelancer upon buying the Gig.
The Website might display rates in the local currency of the Website, in addition to the actual amount. These rates are calculated using market exchange rates as the basis of conversion. You understand and agree that these rates are only indicative and the amount specified in the origin currency is the actual amount.
Any and all risks associated with converting and maintaining funds are yours alone, including but not limited to fluctuation of exchange rates, which could result in a decrease of the value of your funds. You must not use (or attempt to use) the Website to engage in speculative trading, which could result in substantial losses. We are not a financial services provider.
All information included on the Website in respect of currency conversion is general information only.
Use of the Celeum Platform
While using the Website, you will not attempt to or otherwise do any of the following:
fail to deliver payment for services delivered to you;
fail to deliver services/items purchased from you;
download and aggregate listings from our Website for display with listings from other websites without our express written permission;
“frame”, “mirror” or otherwise incorporate any part of the Website into any other website without our prior written authorisation;
post content or items in inappropriate categories or areas on our Websites and services;
infringe any laws, third party rights or our policies;
copy, modify or distribute rights or content from the Website or Celeum’s copyrights and trademarks;
harvest or otherwise collect information about Users, including email addresses, without their consent;
take any action that may undermine the feedback or reputation systems (such as displaying, importing or exporting feedback information or using it for purposes unrelated to the Website);
transfer your Account (including feedback) and username to another party without our consent;
circumvent or manipulate our fee structure, the billing process, or fees owed to Celeum;
post false, inaccurate, misleading, deceptive, defamatory or offensive content (including personal information);
distribute viruses or any other technologies that may harm Celeum, the Website, or the interests or property of Users (including their Intellectual Property Rights, privacy and publicity rights) or is unlawful, threatening, abusive, defamatory, invasive of privacy, vulgar, obscene, profane or which may harass or cause distress or inconvenience to, or incite hatred of, any person;
attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by us in connection with the Website;
distribute or post spam, unsolicited, or bulk electronic communications, chain letters, or pyramid schemes.
Upon the Client buying a Gig from the Freelancer, and the Freelancer’s acceptance on the Website, the Client and Freelancer will be deemed to have entered into a User Contract under which the Client agrees to purchase, and the Freelancer agrees to deliver the Services. You agree not to enter into any contractual provisions in conflict with the
You are solely responsible for ensuring that you comply with your obligations to other Users. If you do not, you may become liable to that User. You must ensure that you are aware of any domestic laws (including common law), international laws, statutes, ordinances and regulations relevant to you as a Client or Freelancer, or in any other uses you make of the Website.
If another User breaches any obligation to you, you are solely responsible for enforcing any rights that you may have. For the avoidance of doubt, we have no responsibility for enforcing any rights under a User Contract.
However, as a Client or a Freelancer you can invoke the Token Holder Tribunal to resolve the dispute. In this case both Freelancer and Client are required to accept the outcome either way.
Depending on their jurisdiction, Clients and/or Freelancers may have rights under statutory warranties or other statutory provisions that cannot lawfully be excluded. Nothing in this User Agreement is intended to override a right that by applicable law may not be excluded. Nothing in this User Agreement is intended to violate any laws relating to unfair contracts, and this agreement has been specifically redrafted to ensure compliance with unfair contracts legislation. To the extent that any component of this User Agreement is in conflict with inalienable rights under local laws, all parties intend for this agreement to be read down only insofar as to be in compliance with such local laws and no further.
Each User acknowledges and agrees that the relationship between Client and Freelancer is that of an independent contractor. Nothing in this User Agreement and/or a User Contract creates a partnership, joint venture, agency or employment relationship between Users. Nothing in this User Agreement or in a User Contract shall in any way be construed as forming a joint venture, partnership or an employer-employee relationship between the Freelancer and a Client or any other User.
Fees and Services
We charge a fee of 0.1% (net of any applicable tax) of the agreed value of a Gig upon buying a Gig on the Celeum platform. Therefore, only the Client is required to pay a fee. All services on the Website are free to use for the Freelancer. Unless otherwise stated, all fees are quoted in the crypto currency Ether.
It is Your sole responsibility to pay any taxes, including any goods and services or value added taxes, which may be applicable depending on the jurisdiction of the Services provided You acknowledge that you must comply with your obligations under income tax provisions in your jurisdiction.
After handing in a successful job, the Client has the possibility/right to assess the performance of the Freelancer. Should the Client’s rating exceed 3 stars (i.e., the rating is 3, 4 or 5 stars), the Freelancer receives one additional skill point in each skill required for the completed job.
Should, on the other hand, the rating stay below 3 stars, the Freelancer will neither lose nor gain any skill points.
You acknowledge that your performance ratings solely depend on ratings from Clients and we are not reliable for any negative ratings.
Skill Ratings on the Celeum Platform are only for informational purposes and shouldn’t be considered an endorsement and/or proof of the Users’ skills/experience.
Experience Points and Levels
Both, Freelancers and Clients, gain XP (Experience Points) through various actions on the Celeum Platform.
Experience Points and Levels on the Celeum Platform are only for informational purposes and shouldn’t be considered an endorsement and/or proof of the Users’ skills/experience.
Canceling an Order
The Freelancer has the right to cancel an order at any time without prior notification. In this case the cost of the Gig is refunded to the Client and the Gig is considered canceled.
Force Canceling an Order
If the Freelancer isn’t able to deliver the Gig on time (including a grace period of 3 days) the Client is able to Force Cancel the Gig. The outcome is the same as if the Freelancer had canceled the Gig (see Canceling an Order).
The Client is required to accept a delivery if he/she is satisfied. Upon accepting the delivery, the funds (cost of the Gig) are transferred to the Freelancer.
Force Accept Delivery
If the Client fails to accept a delivery (or initiates a dispute) within 3 days after the delivery or the latest possible delivery date plus 3 days (the later one always counts), the Freelancer has the option to force accept the delivery. The outcome is the same as if the Client had initiated the action “Accept Delivery” (see Accept Delivery).
The first withdrawal of funds you make may be delayed for up to ten days due to security purposes. Any subsequent withdrawals may also be delayed for up to ten days.
We may impose a minimum withdrawal amount for funds earned. This is set out in our schedule of fees. The maximum you can withdraw per month is the ETH equivalent of $100,000 unless otherwise specifically agreed with Celeum.
We may require you to be verified before you can withdraw funds from your Account, irrespective of whether or not a delay has been enforced.
You acknowledge and agree that we may seek to verify your identity or request additional information from you as part of our anti-fraud and Know Your Customer Policy.
You may ask for a refund at any time for any funds that you have paid into your Account except:
funds in connection dispute outcomes which aren’t in your favor;
anything related to a Gig;
fees paid on the Website.
Premium Accounts are identified on the Website by a star next to the username.
Premium Account Features
The premium Account includes features such as:
Early access to new features.
We will implement further features in the future. Therefore, we reserve the right to implement new features and/or cancel any currently available features of Premium Accounts.
We reserve the right to close an Account with nil or negative funds.
Right to Refuse Service
We may close, suspend or limit your access to your Account without reason. Without limiting the foregoing, we may close, suspend or limit your access to your Account:
you do not respond to account verification requests;
you do not complete account verification when requested within 3 months of the date of request;
if we determine that you have infringed legal rights (resulting in actual or potential claims), including infringing intellectual property rights;
if we determine that you have breached, or are acting in breach of this User Agreement;
if you under-bid on any Gig in an attempt to renegotiate the actual price privately and/or to attempt to avoid fees;
if we determine that you have engaged, or are engaging, in fraudulent, or illegal activities;
to manage any risk of loss to us, a User, or any other person;
you are the subject of a United Nations, Australian, EU, USA or other applicable sanctions regime, or our banking and payment relationships otherwise preclude us from conducting business with you;
for other reasons equivalent to the reasons listed above.
If we close your Account due to your breach of this User Agreement, you may also become liable for certain fees as described in this User Agreement.
In case you should breach this User Agreement, you must pay us all fees owed to us by you and you have to compensate us monetarily for all losses and costs (including all of our employee time) and reasonable expenses (including legal fees) in regard to our investigating such breach and collecting fees.
You acknowledge and agree that: (1) the damages that we will sustain as a result of your breach of this User Agreement will be substantial and will potentially include (without limitation) fines and other related expenses imposed on us by our payment processors and Users and that those damages may be extremely difficult and impracticable to ascertain; (2) if you breach this User Agreement, we may take legal action against you to recover losses.
If we close your Account for a reason other than as a result of your breach of this User Agreement, unless as otherwise specified in this User Agreement, you will be entitled to receive any payment due from us to you.
In the event that we close your Account, you will have no claim whatsoever against us in respect of any such suspension or termination of your Account.
Limits & Fraud Prevention
We reserve the right to suspend a User withdrawal request if the source of the funds is suspected to be fraudulent.
If we become aware that any funds received into an Account from another Account as a result of a fraudulent transaction, this will be reversed immediately. If those funds have already been released to you, you must pay the funds into your Account. If you do not do so, we may suspend, limit or cancel your Account, or take action against you to recover those funds.
We may, in our sole discretion, place a limit on any or all of the funds in your Account (thereby preventing any use of the funds) if:
we believe that the beneficiary of the payment is someone other than you;
we are required to do so by law or applicable law enforcement agencies;
we believe there may be an unacceptable level of risk associated with you, your Account, or any or all of your transactions, including if we believe that there is a risk that such funds will be subject to reversal or chargeback;
we believe that the payment is being made to a country where we do not offer our Website and/or Services.
If you are involved in a dispute, we may (in certain circumstances) place a temporary limit on the funds in your Account to cover the amount of any potential liability. If the dispute is resolved in your favour, we will lift the limit on your funds and those funds may be released to you. If the dispute is not resolved in your favour, we may remove the funds from your Account. We may also place a limit on your Account in circumstances where we suspect you of fraudulent or other unacceptable behaviour, while we investigate any such matter.
The Token Holder Tribunal / Dispute Resolution
Other Disputes With Users
Should any disputes arise between you and another User, you acknowledge that you will first try to settle the dispute without calling the Tokenholder Tribunal.
If you continue to have any difficulties or problems in relation to a dispute with another User in relation to a Project we encourage you to call the Tokenholder Tribunal.
You agree that any dispute arising between you and another User will be handled in accordance with this clause. The Tokenholders will have full rights and powers to make a determination for all such disputes. Upon submitting a dispute, the Freelancer and the Client have the option to provide documentation in support of their claim or position in relation to the dispute via the included chat. You also acknowledge that the Token Holder Tribunal is not a judicial or alternative dispute resolution institution and the Token Holder will make the determinations only as ordinary reasonable people. In addition, we do not warrant that the documents/text provided by the parties to the dispute will be true, complete or correct and you agree to indemnify and (to the maximum extent permitted by law) hold Celeum and any of our affiliates harmless against any damages or liability you may suffer as a result of any documentation or material subsequently being found to be false or misleading.
In relation to disputes with any other Users of the Website, you hereby agree to indemnify Celeum from any and all claims, demands, and damages, actual and consequential, of every kind and nature, known and unknown, that is related to such a dispute.
It is agreed by you that you will make every endeavour at fair play and post reasonable and fair demands/offers on your dispute. No conduct relating to threats, blackmail, intimidation or inducement of Users to leave positive feedback will be tolerated, in particular any refusal to provide either deliverables or payment in relation to the provision of feedback.
Tokenholder Tribunal Decisions
We do not take any responsibility for the damages that occur to you because of a Tokenholder Tribunal Decision. You acknowledge and agree that you will adhere to the Tokenholder Tribunal Decision and that you will not take any legal steps against us for any decisions which are not in your favor or which resulted in a loss of any kind for you.
Incentive to vote in the Token Holder Tribunal
After a dispute cycle of approximately 1 – 6 months, we will distribute the ETH earned by the Token Holder Tribunal to everyone who holds vote shares, on the condition that the amount of LNC held never reached zero throughout the whole dispute cycle. The final amount distributed to those that helped voting in the Token Holder Tribunal depends on different factors, such as the amount of fees raised.
The sent out ETH is distributed equally between the Token Holders who voted in the Token Holder Tribunal based on their vote shares.
Calculating Token Holder Tribunal Votes
The Tokenholder Tribunal is open for a certain period of time (~ 3 days) and the participating Tokenholders are also able to change their decision while the tribunal is ongoing. During this period, the tally is not visible to the participating Tokenholders.
The Tokenholders can vote either in favor of the Client or the Freelancer. After this period, the tally becomes visible to everyone and the final decision is made public.
The settlement is done by majority vote. If the Tokenholder belongs to the majority, his vote is counted as a “positive vote”, whereas if the Tokenholder belongs to the minority, his vote is counted as a “negative vote”.
Calculation of the distributed Fees
After every dispute, each Tokenholder who participated in the solution of the dispute receives a vote share. The vote share is higher, the less Tokenholders take part in the dispute. Should the Tokenholders vote be counted as a “negative vote”, he loses double the vote share of the respective dispute.
Should the Client or the Freelancer not be satisfied with the decision of the Tokenholder Tribunal, there is also the possibility to contact the support in order to activate an Expert Tribunal. The fee for activating the Expert Tribunal is about 500 USD in ETH.
We keep the right to change this amount depending on the dispute. We might also initiate an Expert Tribunal at our own discretion.
The decision of the Expert Tribunal overrules the decision of the Tokenholder Tribunal. This means that if the Expert Tribunal comes to a different conclusion than the Tokenholder Tribunal, the decision of the Expert Tribunal will be applied to the case.
Disputes With Us
Should a dispute arise between you and Celeum, we will try to accommodate your needs immediately and we strongly encourage you to first contact us directly by emailing us at firstname.lastname@example.org.
All claims you bring against Celeum must be resolved in accordance with the terms of this User Agreement. All claims filed or brought contrary to this User Agreement shall be considered improperly filed and a breach of this User Agreement. Should you file a claim contrary to the terms of this User Agreement, Celeum may recover its legal fees and costs (including in-house lawyers and paralegals), provided that Celeum has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.
You agree that you will not pursue any claims arising under this User Agreement on a class or other representative basis and will not seek to coordinate or consolidate any arbitration or action hereunder with any other proceeding.
If any proceeding by or against you is commenced under any provision of any bankruptcy or insolvency law, Celeum will be entitled to recover all reasonable costs or expenses (including reasonable legal fees and expenses) incurred in connection with the enforcement of this User Agreement.
Celeum’s failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
Identity / Privacy
Identity / Know Your Customer
You authorise us, directly or through third parties, to make any inquiries we consider necessary to validate your identity. You must, at our request: (1) provide further information to us, which may include your date of birth and or other information that will allow us to reasonably identify you; (2) take steps to confirm ownership of your email address or financial instruments; or (3) verify your information against third party databases or through other sources.
You must also, at our request, provide copies of identification documents (such as your passport or drivers’ licence). We may also ask you to provide photographic identification holding a sign with a code that we provide as an additional identity verification step.
We reserve the right to close, suspend, or limit access to your Account, the Website and/or services offered on the Website in the event we are unable to obtain or verify to our satisfaction the information which we request under this section.
We reserve the right to update your particulars on the Website in order to match any KYC documentation that has been provided. Disbursements such as wire transfers from the Website may only be made to the beneficiary matching your provided KYC documents and Account information.
If you are not verified you may not be able to withdraw funds from your Account, and other restrictions may apply. See the Know Your Customer and Identity Verification Policy for more details.
Indemnity / Disclaimer
You will indemnify us (and our officers, directors, agents, subsidiaries, joint ventures and employees) against any claim or demand, including legal fees and costs, made against us by any third party due to or arising out of your breach of this User Agreement, or your infringement of any law or the rights of a third party in the course of using the Website and the services offered by Celeum. In addition, we can apply any funds in your Account against any liabilities you owe to us or loss suffered by us as a result of your non-performance or breach of this User Agreement.
You must notify us immediately should you become aware of any unauthorized access to your or other Accounts or any other breach to the Website or the services offered by Celeum. Furthermore, you acknowledge that you will mitigate unauthorized access to the fullest of your possibilities (including preserving evidence and notifying appropriate authorities).
We are not responsible for any damages due to your Account being subject to unauthorized access resulting from failure to secure your password. It is your sole responsibility to secure your Account and password.
No Warranty as to Each User’s Purported Identity
We cannot and do not confirm each User’s purported identity on the Website. We may provide information about a User, such as skills or experience, geographical location, or the name. However, such information is based solely on data that a User submits and we provide such information solely for the convenience of Users and the provision of such information is not an introduction, endorsement or recommendation by us.
No Warranty as to Content
The Website is a dynamic, time-sensitive Website. As such, information on the Website will change frequently. It is possible that some information could be considered offensive, harmful, inaccurate or misleading or mislabeled or deceptively labeled accidentally by us or accidentally or purposefully by a third party.
Our services, the Website and all content on it are provided on an ‘as is’, ‘with all faults’ and ‘as available’ basis and without warranties of any kind either express or implied.
Limitation of Liability
In no event shall we, our related entities, our affiliates or staff be liable, whether in contract, warranty, tort (including negligence), or any other form of liability, for:
any claim, damage, or loss which may be incurred by you as a result of any of your transactions involving the Website;
any indirect, special, incidental or consequential damages that may be incurred by you;
any loss of income, business or profits (whether direct or indirect) that may be incurred by you.
The limitations on our liability to you above shall apply whether or not we, our related entities, our affiliates or staff have been advised of the possibility of such losses or damages arising.
Celeum’s total liability to any User shall be limited to a maximum amount of USD 10,000, notwithstanding any other limitations to liability prescribed in this section.
Notwithstanding the above provisions, nothing in this User Agreement is intended to limit or exclude any liability on the part of us and our affiliates and related entities where and to the extent that applicable law prohibits.
To the extent that we are able to limit the remedies available under this User Agreement, we expressly limit our liability for breach of a non-excludable condition or warranty implied by virtue of any legislation.
Legal notices will be served to the email address you provide to Celeum during the registration process. Notice will be deemed given 24 hours after an email is sent unless the sending party is notified that the email address is invalid or that the email has not been delivered. Any notices to Celeum must be given by registered ordinary post.
The provisions of this User Agreement are severable, and if any provision of this User Agreement is held to be invalid or unenforceable, such provision may be removed and the remaining provisions will be enforced. This User Agreement may be assigned by us to an associated entity at any time, or to a third party without your consent in the event of a sale or other transfer of some or all of our assets. In the event of any sale or transfer, you will remain bound by this User Agreement.
Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
Our failure to act with respect to an anticipated or actual breach by you or others does not waive our right to act with respect to subsequent or similar breaches. Nothing in this section shall exclude or restrict your liability arising out of fraud or fraudulent misrepresentation.
You consent to receive notices and information from us in respect of the Website and the services offered by Celeum by electronic communication. You may withdraw this consent at any time, but if you do so we may choose to suspend or close your Account.
Celeum reserves to the greatest extent possible all rights, without limiting any other remedies, to limit, suspend or terminate our service(s) and or User Account(s), suspend or ban access to our services, remove any content, and to take any and all technical or legal steps to ban Users.
If you have any questions about this User Agreement or if you wish to report breaches of this User Agreement, please contact us by emailing us at email@example.com
These Terms shall be exclusively governed by, and interpreted in accordance with, Austrian law, excluding any conflict of laws rules and excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).
To the extent legally permissible, each of the parties to this User Agreement irrevocably submits to the exclusive jurisdiction of the provincial court of Innsbruck with regard to all disputes arising out of or in connection with this User Agreement.