IMPRESSUM - LEGAL TERMS

UNSERE DEUTSCHEN DATENSCHUTZBESTIMMUNGEN FINDEN SIE HIER & UNSERE ALLGEMEINEN GESCHÄFTSBEDINGUNGEN (bald) HIER.

THE NOTE BERLIN GMBH • Humboldtstraße 1 • 14467 Potsdam • Geschäftsführender Gesellschafter: Christian Thomas • Sitz & Gerichtsstand: Amtsgericht Potsdam HRB 29915 • ST.-NR.: 30/557/50097 • Email: request(at)thenote.com • www.thenote.com • Es gelten unsere allgemeinen Geschäftsbedingungen.


IMPRINT, LEGAL NOTICE, TERMS TO USE & CONDITIONS

Die Sprache dieses Impressums und unserer allgemeinen Geschäftsbedingungen und dieser Vereinbarung ist Englisch. The language of this TERMS AND CONDITIONS and the AGREEMENT is English.

This website is owned and operated by THE NOTE BERLIN GMBH • Humboldtstraße 1 • 14467 Potsdam • Managing Director: Christian Thomas • Registered office and court of jurisdiction: District court Potsdam HRB 29915 • ST.-NO .: 30/557/50097.

Here you can find the link to the online platform of the EU Commission for the out-of-court online dispute resolution (the so-called OS platform): http://ec.europa.eu/consumers/odr/


We would like to hear any suggestions or comments on our products and services you may have. Please complete our contact form and we will contact you as soon as possible with a response. If you have further questions regarding our LEGAL NOTICE please contact us by email: request(at)thenote.com or by letter post to: THE NOTE BERLIN GMBH • Humboldtstraße 1 • 14467 Potsdam • Germany.

By accessing and browsing this website, you accept, without limitation or qualification, the following legal notice & terms and conditions of use. If you do not agree, please discontinue your use of this website.

THE NOTE BERLIN GMBH, THE NOTE BERLIN, THE NOTE, THENOTE.COM, THENOTEBERLIN.COM, THENOTE.DE, WE, US, OUR, OURS, shall be referred to use collectively as THE NOTE. In gerneral VISITOR, VISITORS, USER, USERS, YOU or YOUR means YOU, the customer.

This IMPRINT, LEGAL NOTICE & TERMS TO USE AGREEMENT (AGREEMENT) appendent to our LEGAL NOTICE, TERMS TO USE & CONDITIONS (TERMS & CONDITIONS) is a legal agreement that governs our relationship with our users and others that interact with THENOTE.COM & THENOTEBERLIN.COM, operated by THE NOTE BERLIN GMBH. We currently make SERVICES available through our site - SERVICES, which can includes THENOTE BERLIN.COM‘s onlineshop, MOBILE APPLICATIONS and APPLICATIONS available on social networking sites and other platforms, and on our downloadable sites.

All of THE NOTE BERLIN provision of services for example but not limited to, PRODUCTS, SITES, APPLICATIONS, DOWNLOADABLE PRODUCTS and all SERVICES provided by us, THE NOTE BERLIN, in connection therewith shall be referred to collectively as, SERVICES.

THENOTE.COM may offer additional SERVICES or products or modify or revise any of the SERVICES at our discretion, and this agreement will apply to all additional SERVICES or PRODUCTS and all modified or revised services unless otherwise indicated. THE NOTE reserves the right to cease offering any of the SERVICES. You agree that THENOTEBERLIN.COM shall not be liable to you or any third party for any modification, revision, suspension or discontinuance of any of the SERVICES. These LEGAL NOTICE, TERMS TO USE & CONDITIONS (TERMS & CONDITIONS) apply to all VISITORS, or USERS of our website.


DISCLAIMER, REVISIONS & TERMS TO USE
This website could contain material that some people may find offensive and may be illegal in some countries. If you are not over the legal age to view such material according to your Country or State Laws then please do not enter the site.


Do not enter if you are offended by material and discussions of a sexual nature or live in a country where such content is illegal. By entering this Website you agree that you are of legal age to view such material as mentioned above and that by entering you indemnify the Owners and Developers of this Website against any claims whatsoever. The content of this website is a general one and it is provided for information purposes only. The material on this website is not and should not be regarded as advice, including legal, medical advice or sexual counseling.


To the fullest extent permitted by law, THE NOTE BERLIN GMBH does not give any express or implied warranties and makes no representations in relation to this website. In particular, while reasonable care is taken in its preparation, THE NOTE BERLIN GMBH does not guarantee or warrant the accuracy, reliability, completeness or currency of the information on this website or its usefulness in achieving any purpose. Information on this website should not be used without validating that information from appropriate sources and obtaining professional advice where it is prudent to do so. You should make and rely upon your own assessments and enquires to verify the accuracy of the information provided.


In addition, to the fullest extent permitted by law, THE NOTE BERLIN GMBH does not warrant that the website itself is free from any computer viruses or other defects or that your access to the website will be continuous or uninterrupted. THE NOTE BERLIN GMBH or THENOTEBERLIN.COM accepts no liability arising from your access to this website.


Our web sites, investor relations releases, business and interim reports, presentations, audio- and video transmissions of events (live or recorded) and other documents on this web site contain for example prognostic statements about future developments which are based on current valuations of our company and are not binding. Such statements are subject to certain risks and uncertainties. After the editorial deadlines of individual pages changes of products and services may have occurred.


Revisions to the terms of the THENOTEBERLIN.COM website may happen at any time, and without notice, revise these TERMS OF USE by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the current TERMS OF USE. All old content and services made available through this site and may updatet on our site shall automatically be deemed to be part of the services when first made available through the site. Any software or tools made available through the site that were not made available as of the "LAST UPDATED" shall automatically be deemed to be software for purposes of this agreement when first made available through the site.


We reserve the right, at any time and from time to time, temporarily or permanently, in whole or in part, to: modify or discontinue the site, the Services, with or without notice; limit the site’s availability to any person, geographic area or jurisdiction we choose; charge fees in connection with the use of the site; modify and/or waive any fees charged in connection with the site; and/or offer opportunities to some or all users of the site. You agree that neither we nor any Affiliated Entity shall be liable to you or to any third party for any modification, suspension or discontinuance of the site, in whole or in part, or of any service, software, content, submission, feature or product offered through the site. Your continued use of the site after such changes will indicate your acceptance of such changes.


When using any SERVICES or SOFTWARE on our site, you agree that you are subject to any additional posted guidelines, rules, terms and conditions applicable to such services or software, which rules, terms and conditions are hereby incorporated by reference into these TERMS OF USE. Although this site is accessible worldwide, not all services discussed or referenced in this website are available to all persons or in all geographic locations or jurisdictions. In addition, not all persons may be able to participate on the site we reserve the right to limit the availability of this site and/or the provision of any service to any person, geographic area or jurisdiction we so desire, at any time and in our sole discretion.


THENOTEBERLIN.COM CONTENT AND USER SUBMISSIONS
THE NOTE BERLIN is not responsible or liable in any manner for the conduct of its USERS, whether or not such conduct is in connection with the use of the SITE or the SERVICES. YOU ACKNOWLEDGE THAT YOU USE OUR SITE AND SERVICES AT YOUR OWN RISK. The CONTENTS of the THENOTEBERLIN.COM SITE, including all SITES, are intended for the personal, noncommercial use of its USERS. All materials published on the SITES (including, but not limited to articles, blog entries, comments, text, photographs, images, illustrations, product descriptions, audio, video, software, trademarks, logos and other materials found on the SITES (collectively, the "CONTENT") are protected by copyright, trademark and all other applicable intellectual property laws, and are owned or controlled by THE NOTE BERLIN or the party credited as the provider of such CONTENT, software or other materials. You shall abide by copyright or other notices, information and restrictions appearing in conjunction with any CONTENT accessed through the SITE OR SERVICE.


The SITE and SERVICE is protected by copyright as a collective work and/or compilation, pursuant to United States copyright laws, international conventions and other applicable intellectual property laws, rules and regulations. YOU may not reproduce, modify, adapt, translate, exhibit, publish, transmit, participate in the transfer, rental or sale of, create derivative works from, distribute, perform, display, reverse engineer, decompile or dissemble, or in any way exploit, any of the CONTENT, software, materials, SITES or the SERVICE in whole or in part. You may not use any meta tags or any other hidden text utilizing THE NOTE BERLIN’s name or trademarks without the express prior written consent of THE NOTE BERLIN.


Copying or storing of any CONTENT for any purpose other than your personal, noncommercial use as part of the SITE or SERVICE is expressly prohibited without the prior written permission from THE NOTE BERLIN RIGHTS AND PERMISSIONS DEPARTMENT, or the copyright holder identified in the individual CONTENT's proprietary rights notices. For purposes of clarification, but not limitation, including any CONTENT (in whole or in part) on your personal website, when it is accessible to any other person, is not a personal use and is not permitted.


You agree that any information, feedback, questions, comments and/or submissions to any of the public forums or the like that you provide to us in connection with any SITE or our SERVICE (collectively, "SUBMISSIONS") will be deemed to have been provided to us on a non-confidential and non-proprietary basis, and you grant THE NOTE BERLIN a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant THE NOTE BERLIN and sublicensees the right to use the name that you submit in connection with such CONTENT, if they choose. We will have no obligations or liability of any kind to you or any third party with respect to any SUBMISSION and shall be free to reproduce, use, disclose, distribute and/or otherwise exploit any SUBMISSION for any purpose whatsoever, without limitation. You also agree that we shall be free to use any ideas, concepts or techniques embodied in any SUBMISSION for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products or services incorporating such ideas, concepts, or techniques without your approval or compensation to you. You waive any rights you may have in modifications or alterations to your SUBMISSIONS or in the event that your SUBMISSION is changed in a manner not agreeable to you. In addition, you hereby waive all moral rights you may have in any materials uploaded to the SITE or SERVICE or sent to US by YOU.


Separate and apart from the USER CONTENT YOU provide as part of your use of the SITE and SERVICES, you can submit questions, comments, feedback, suggestions, success stories, ideas, plans, notes, drawings, original or creative materials or other information collectively, "SUBMISSIONS") to THENOTEBERLIN.COM . SUBMISSIONS, whether posted to the SITE or SERVICES or provided to THENOTEBERLIN.COM by email or otherwise, are non-confidential and shall become the sole property of THENOTEBERLIN.COM and WE shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of SUBMISSIONS for any purpose, commercial or otherwise, without acknowledgment or compensation to you.


You agree not to do any of the following in connection with the SERVICES or the USERS thereof:
• use the SITE and SERVICE in any unlawful manner or in a manner that is harmful to or violates the rights of others;
• engage in any harassing, intimidating, predatory or stalking conduct;
• use the SITE or SERVICES in any manner that could disrupt, damage, disable, overburden, impair or affect the performance of the SERVICES or interfere with or attempt to interfere with any other user's use of the SERVICES;
• impersonate any person or entity, or misrepresent your age, identity, affiliation, connection or association with, any person or entity;
• make any commercial use of the SITE or SERVICES or promote or solicit involvement in or support of a political platform, religion, cult, or sect;
• defraud, swindle or deceive other users of the SITE and SERVICES;
• disseminate another person's personal information without his or her permission, or collect or solicit another person's personal information for commercial or unlawful purposes;
• solicit or engage in gambling or any similar activity or any illegal or unlawful activity;
• use any scripts, bots or other automated technology to scrape or access the SITE or SERVICES;
• collect or solicit personal information about anyone under 18;
• use the SITE or SERVICE for any phishing, trolling or similar activities;
• use the SITE or SERVICE to redirect users to other sites or encourage users to visit other sites;
• harvest or collect email addresses or other contact information of other users from the SITE or SERVICE by electronic or other means or use the SITE or SERVICE to send, either directly or indirectly, any unsolicited bulk e-mail or communications, unsolicited commercial e-mail or communications or other spamming or spamming activities;
• attempt to access any SERVICES or area of the SITE that you are not authorized to access.


All messages transmitted to THE NOTE BERLIN or any of the SITES will be readily accessible to the general public. You should not use any SITE to transmit any communication, which you intend only the intended recipient(s) to read. Notice is hereby given that any and all messages uploaded to any of the SITES can and may be read by the operators of this SERVICE, regardless of whether or not the operators are the intended recipients of such messages.


To enable THENOTEBERLIN.COM to use the information you supply to us through your SUBMISSIONS, and so that we are not violating any rights you might have in that information, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise any copyright, publicity and database rights you have in that information, in any media now known or developed in the future, with respect to your information. However, THE NOTE BERLIN will only use your personal information in accordance with our PRIVACY POLICY (ENGLISH) - (GERMAN).


If you believe that the content of any SUBMISSION provided by you, or any CONTENT appearing on a SITE, has been used on a THENOTEBERLIN.COM SITE in a manner that constitutes copyright infringement, please provide our COPYRIGHT AGENT with a written notice - email is sufficient - sent to: copyright(at)thenoteberlin.com - that includes the following information:
• a description of where the material that you claim is infringing is located on the SITE;
• your mailing address, telephone number, and e-mail address;
• a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
• a statement by you, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.


You are solely responsible for the CONTENT and information that you provide, publish, display or otherwise communicate to THENOTEBERLIN.COM through the SITE or SERVICE or trough other SOCIAL NETWORK SITES, to other USERS (collectively referred to as "POST"), including without limitation messages, data, text, photos, video, music, graphics, links or other materials posted through chat messages, community pages, email messages, mobile messages, photos and profile information (your submissions and those of other USERS, collectively, are "USER CONTENT").


THE NOTE BERLIN GMBH or THENOTEBERLIN.COM does not control, take responsibility for or assume liability for any USER CONTENT posted by YOU or any third party, or for any loss or damage thereto, nor is THENOTEBERLIN.COM liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you encounter.

 

YOU ARE SOLELY RESPONSIBLE FOR YOUR USE OF THE SERVICES AND USE THEM AT YOUR OWN RISK.
You will not provide any inaccurate, misleading, incomplete or false information or USER CONTENT to THENOTEBERLIN.COM or to any other USER. WE have no duty to review user CONTENT. Although you understand and acknowledge that THENOTEBERLIN.COM has no duty to prescreen, review, control, monitor or edit the USER CONTENT posted by USERS and is not liable for USER CONTENT that is provided by others, you agree that THENOTEBERLIN.COM may, at its sole discretion, review, edit, refuse to accept or delete USER CONTENT at any time and for any reason or no reason without notice, and you are solely responsible for creating backup copies and replacing any USER CONTENT you post or store on the SERVICES at your sole cost and expense.


THENOTEBERLIN.COM is in legal possession of uploaded pictures and videos of all USERS. Use of proprietary information of others, YOU will not post, copy, transfer, create any derivative works from, distribute, reproduce or show in any manner any copyrighted or trademarked or proprietary information or materials, including any USER CONTENT posted by other USERS, without the prior consent of the owner of such proprietary rights. You acknowledge that information or materials available through the SITE or SERVICE may have copyright protection whether or not it is identified as being copyrighted.


PROHIBITED CONTENT
You will not post or transport to any other user any USER CONTENT that is illegal or prohibited from being posted. Or that includes or
1. is profane, defamatory, abusive, offensive, indecent, threatening, harassing, inflammatory, inaccurate, fraudulent or illegal;
2. promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
3. is intended to, or does, harass, or intimidate any other user or third party;
4. may infringe or violate any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party, including USER CONTENT that contains others' copyrighted content (e.g., photos, images, music, movies, videos, etc.) without obtaining proper permission first;
5. contains video, audio, photographs, or images of another person without his or her permission (or in the case of a minor, the minor's legal guardian) or otherwise violates anyone's right of privacy or publicity;
6. promotes or enables illegal or unlawful activities, such as instructions on how to make or buy illegal weapons or drugs;
7. violates someone's data privacy or data protection rights;
8. contains viruses, time bombs, trojan horses, cancelbots, worms or other harmful, or disruptive codes, components or devices;
9. contains any advertising, fundraising or promotional content;
10. is, in the sole judgment of, objectionable or restricts or inhibits any person from using or enjoying our SITE or SERVICE or exposes THENOTEBERLIN.COM or its USERS to harm or liability of any type.


REPORTING VIOLATIONS
If you wish to report any violation of this AGREEMENT by others, you may do so by sending an email to:  violation(at)thenoteberlin.com.


GENERAL SUBMISSIONS
Any communication or material you transmit to the THENOTEBERLIN.COM website (including feedback, data, answers, questions, comments, suggestions, ideas, orders, requests or what so ever) will be treated as non-confidential and non-proprietary. All materials transmitted to or through our website becomes the property of THENOTEBERLIN.COM and may be used for any purpose. We, THENOTEBERLIN.COM" may publish the material and/or incorporate it or any concepts described in it in our products without compensation, restrictions on use, acknowledgment of source, accountability, or liability.

INTELLECTUAL PROPERTY
Copyright: You are hereby advised that THE NOTE BERLIN will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.


This SITE and all of its CONTENTS including, but not limited to, all text and images ("CONTENT") are owned and copyrighted by THENOTEBERLIN.COM, its subsidiaries, sponsors or affiliated companies (collectively, "AFFILIATED ENTITIES") or others with all rights reserved unless otherwise noted. The buildup of all content on this SITE is the exclusive property of THENOTEBERLIN.COM and it is protected by European and international copyright laws.


Any CONTENT that is a trademark, logo or service mark is also a registered and unregistered trademark of THE NOTE BERLIN or others. Your use of any CONTENT, except as provided in our BRAND PROTECTION section, without the written permission of THE NOTE BERLIN.COM or the CONTENT owner is strictly prohibited. If you have further questions regarding our BRAND PROTECTION please contact us by email: brandprotection(at)thenoteberlin.com.


THENOTEBERLIN.COM", THE NOTE BERLIN, the claims WRITTEN IN PERFUM & THE LOGO ITSELF are trademarks of THE NOTE BERLIN registered in Germany. These claims, trade marks, logos and other proprietary graphics may not be used in connection with any other PRODUCT or SERVICE without THE NOTE BERLIN's express prior written consent. Other product and company names mentioned herein may be trademarks of their respective companies. Any statement made by an THE NOTE BERLIN or THE NOTE BERLIN representative that contradicts these guidelines is expressly unauthorized and disclaimed by THE NOTE BERLIN.

 

COPYRIGHT POLICY
If you are a copyright owner or an agent thereof and believe that anything on the SITES infringes upon your copyrights, you may submit a notification of infringement pursuant to the DIGITAL MILLENNIUM COPYRIGHT ACT ("DMCA") by providing our COPYRIGHT AGENT with the following information:
• an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
• a description of the copyrighted work that you claim has been infringed;
• a description of where the material that you claim is infringing is located on our website (please include URLs to help US identify the material);
• your address, telephone number, and email address;
• a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
• a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.


REQUESTING REPRODUCTION PERMISSIONS
No material found or located on THE NOTE BERLIN’s SITE may be reproduced or used for commercial purposes without the prior written permission of THE NOTE BERLIN. You may write THENOTEBERLIN.COM to request permission at the following address: THE NOTE BERLIN • Attention: Rights and Permissions • Humboldtstraße 1 • 14467 Potsdam / Germany.


LINKS
On our THENOTEBERLIN.COM SITE there are links to other web pages. We advise you that we do not have any influence on the design and contents of those web pages we link to. We can also not accept any liability for up-to-dateness, correctness, completeness or quality of the information offered on those web pages. Herewith we distance ourselves on this basis from all contents of those web pages. This declaration applies to all links to external web pages placed on our web pages. When visiting these third-party sites, you do so at your own risk. You should review and determine if you agree to a particular SITE'S TERMS and CONDITIONS OF USE before using such site.

LICENCE / SITE ACCESS / USE OF SITE / TRADEMARKS
We at THE NOTE BERLIN concede you a limited licence to access and make personal use of our website. You are not allowed to download (other than page caching or to access wholesale inquiry forms designed for downloading) or modify it, or any portion of it, except with our express prior written consent. This licence does not include any resale or commercial use of this site or its contents – any collection and use of any product listings, descriptions or prices; any modified use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.  This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express prior written consent of THE NOTE BERLIN. You may not use any metatags or any other hidden text using our name or trademarks without THE NOTE BERLIN express prior written consent. Any unauthorised use will automatically terminate the licence granted above.


You may not use any device, software or routine to interfere or attempt to interfere with the proper working of any site or any transaction conducted on a site. You may not take any action, which imposes an unreasonable or disproportionately large load on our infrastructure. You may not disclose or share your password with any third party or use your password for any unauthorized purpose.


You are granted a limited, revocable, and non-exclusive right to create a hyperlink to WWW.THENOTEBERLIN.COM so long as the link does not give a description of THE NOTE BERLIN, its affiliates, or their products or services in a false, misleading, derogatory or otherwise offensive manner. If requested from us at THE NOTE BERLIN you must remove any hyperlink to this website contained on your website or any other digital content.  You may not use any THE NOTE BERLIN logo or other proprietary graphic or trade mark as part of the link without our express prior written consent.
THE NOTE BERLIN, THE NOTE BERLIN LOGO, the claim "WRITTEN IN PERFUM" are trademarks of THE NOTE BERLINregistered in Germany. These claims, trade marks, logos and other proprietary graphics may not be used in connection with any other product or service without THE NOTE BERLIN express prior written consent.
For further informations regarding our trademarks please check also: BRAND PROTECTION.


DOWNLOADABLE THINGS
By using any downloadable thing or application, you are explicitly confirming your acceptance of the terms and conditions of the "End User License Agreement", or similar agreement, associated with the application provided at download or installation.


REPRESENTATIONS AND WARRANTIES
1. You represent, warrant and covenant
• that no materials of any kind submitted by you or through your account, or THE NOTE BERLIN’s use thereof in accordance with the terms and conditions of this Agreement, will violate, plagiarize or infringe upon the rights of any third party, including, without limitation, copyright, trademark, privacy or publicity, moral rights, contract or other personal or proprietary rights; contain unlawful material, or otherwise violate any applicable laws, rules or regulations; constitute false or misleading indications of origin or statements of fact; slander, libel or defame any person or entity; or cause injury of any kind to any person or entity;
• and that you are at least 18 years old or the applicable age of majority in your jurisdiction and possess the legal authority to enter into this Agreement.
2. THE NOTE BERLIN makes no representation that the Content on the sites is appropriate for access outside of Germany. Those who choose to access any of the sites from outside of Germany do so on their own initiative and are responsible for compliance with local laws.
3. THE NOTE BERLIN neither represents nor endorses the accuracy or reliability of any advice, opinion, statement or other information displayed, uploaded, or distributed through the sites or the service by any user, information provider or any other person or entity. The sites, the service and any materials provided by THE NOTE BERLIN or third parties through the same are provided "as is". THE NOTE BERLIN makes no, and hereby disclaims all, warranties (express, implied or statutory, including any warranties of merchantability, fitness for a particular use or purpose, title, non-infringement or any other warranty), conditions, guaranties, or representations, whether oral, in writing or in electronic form, including but not limited to the accuracy, timeliness or usefulness of any materials provided through any of the sites or the service. THE NOTE BERLIN does not guarantee that your access to or use of any of the sites or the content available thereon will be continuous, uninterrupted, error-free or secure and makes no warranty as to the results to be obtained from use of the service. THE NOTE BERLIN may change any information or content found on any of the sites at any time without notice, but makes no commitment to update any information or content found on any of the sites.
4. You hereby acknowledge that the use of the service, any site and the Content available thereon is at your sole risk.


INDEMNIFICATION
You hereby agree to indemnify, defend and hold THE NOTE BERLIN and its officers, directors, owners, agents, information providers, affiliates, licensors and licensees (collectively, the "Indemnified Parties") harmless from and against any and all causes of action, claims, liabilities and costs incurred by the Indemnified Parties in connection with any claim arising from of any breach by you of this Agreement or the foregoing representations, warranties and covenants, including, without limitation, reasonable attorneys' fees. You shall cooperate as fully as reasonably required in the defense of any claim. THE NOTE BERLIN reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You shall not enter into any settlement agreement which affects the rights of THE NOTE BERLIN without THE NOTE BERLIN prior written approval.


LIMITATION OF LIABILITY
Neither THE NOTE BERLIN nor any other party involved in creating, producing or delivering the sites or the service shall be responsible to you or any third party for:
• any direct or indirect, consequential, special, punitive or exemplary damage or loss incurred in connection with use of, or inability to use, the service, any of the sites, or the content thereon;
• any of the materials provided by THE NOTE BERLIN or third parties through any of the sites or the service;
• any damage or loss interruptions, deletions of files, errors, defects, delays in performance of the service, regardless of the claim as to the nature of the cause of action, even if THE NOTE BERLIN has been advised of the possibility of such damage or loss.
Some jurisdictions may not allow the exclusion or limitation of incidental or consequential damages, so the above exclusions shall only apply to the extent permissible under applicable law.
To the fullest extent permissible under applicable law, THE NOTE BERLIN aggregate liability, and the aggregate liability of our licensors, to you or any third party in any circumstance is limited to one hundred European Euros (€100,00)


APPLICABILITY
Information and products displayed on or website, including without limitation, product pricing, specifications, warranty and/or other information, are applicable to products sold in Germany and not necessarily to THE NOTE BERLIN products sold in other countries.


PRIVACY
We are delighted you have visited our website and that you are interested in us. We guarantee careful handling of your data. We at THE NOTE BERLIN take protection of your personal data very seriously and would like you to feel secure when you visit our internet site. Personal information provided to THE NOTE BERLIN via this website or by email will be handled in accordance with our "THE NOTE BERLIN PRIVACY POLICY". For further informations regarding our PRIVACY POLICY please check also the PRIVACY POLICY (ENGLISH) - (GERMAN) site.


USE AND FORWARDING OF PERSONAL DATA AND APPROPRIATION
You may be asked to provide your personal information sometime you are in contact with us at THE NOTE BERLIN. We and our affiliates may share this personal information with each other and use it consistent with our PRIVACY POLICY (ENGLISH) - (GERMAN).


MOBILE SERVICES
You may access and use certain features of THE NOTE BERLIN SITE and SERVICE using YOUR/CERTAIN mobile devices. Your access and use of the MOBILE SITE and SERVICE through your mobile devices is subject to the terms and conditions of this AGREEMENT, including but without limitation to OUR TERMS AND CONDITIONS regarding the use and submission of USER CONTENT, as well as any additional terms presented to you for your acceptance if YOU/when YOU sign up to use our MOBILE SITE and SERVICE. Please note that by accessing or using OUR MOBILE SITE and SERVICE, your carrier's normal rates and fees, such as Internet and data rates, still apply and you are solely responsible for those fees.


COOKIES
If your web browser is set up to accept cookies, a cookie will be stored on your hard drive when you visit our THE NOTE BERLIN website. Cookies allow us to collect information about your computer, which may include your IP address – a number assigned to your computer when you register with an Internet service provider–, type of browser, operating system, domain name, and the details of any website which has referred you to this website. THE NOTE BERLIN uses cookies to track and collect information about which parts of THE NOTE BERLIN site and newsletter (including links to other websites) are being visited by you.


If you would rather not have this information stored on your computer, you can configure your browser so that it does not accept cookies. However, if you disable cookies you may not be able to access all parts of this website, including the purchase section.


SURVEYING AND PROCESSING OF PERSONAL DATA
As a general rule, you can visit our website without us needing personal data from you. In certain areas of our website we use so-called "cookies", in order to tailor our service more individually to you. Cookies are identifiers, which can send a Web server to your computer in order to identify it for the duration of the visit. You can set up your browser so that it informs you about the placing of cookies. In this way the use of cookies is evident to you.
Through our website, data is collected and stored for Web analysis for marketing and optimization purposes. From this data analyses are created for the improvement of our Web offering. For this purpose cookies may be used. The data is not used to personally identify visitors to this website and is not linked with other personal data about the visitor.  Use of the contact or application form inevitably requires entry of some personal data. The data collected is used for the processing of the communication or application.


TERMS TO TRADE
If you purchase any product via this website, you must agree to "THE NOTE BERLIN TERMS TO TRADE" (see also our TERMS TO TRADE).


FILTERING
Pursuant to 47U.S.C. Section 230 as amended, we hereby notify you that parental control protections (computer hardware, software or filtering services) are commercially available that may helps you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at the following web site: www.staysafe.org


MISCELLANEOUS
This AGREEMENT has been made in and shall be construed and enforced in accordance with German law without regard to any conflict of law provisions. You agree that any action to enforce this AGREEMENT shall be brought in the the FEDERAL REPUBLIC OF GERMANY, and you hereby consent to the personal jurisdiction and venue of the courts located in Berlin • Germany, Germany. Official correspondence must be sent via postal mail to: THE NOTE BERLIN • Attention: General Counsel • Humboldtstraße 1 • 14467 Potsdam / Germany.


This AGREEMENT, the PRIVACY POLICY (ENGLISH) - (GERMAN) and any other TERMS referenced in this AGREEMENT constitute the entire agreement between you and THE NOTE BERLIN with respect to your access to and use of the SITES and SERVICE and supersede all prior or contemporaneous agreements (whether oral, written or electronic) between you and THE NOTE BERLIN with respect to the SITES and/or SERVICE. If any of the provisions of this AGREEMENT are determined to be invalid or unenforceable, then each invalid or unenforceable provision will be construed in a manner consistent with applicable laws to reflect, as nearly as possible, the original intentions of the parties and the remaining provisions shall remain in full force and effect.
The failure of THE NOTE BERLIN to exercise or enforce any right or provision in this AGREEMENT shall not operate as a waiver of such right or provision. Other than any entities that THE NOTE BERLIN owns a 50% or greater interest in, there are no third-party beneficiaries to this Agreement and no third party who is not a party to this Agreement shall have any right to enforce any term of this AGREEMENT.
THE NOTE BERLIN may assign this Agreement:
• to any of its affiliates
• to the surviving entity in the event of a merger, acquisition, or the sale of all or substantially all of the assets of THE NOTE BERLIN
• in connection with the sale of any of the SITES or the business unit associated with such SITE's.


ELIGIBILITY
By accessing or using OUR SITES or SERVICE, you represent and warrant that:
• you are at least 18 years old;
• you have never been convicted of a felony or any criminal offense characterized as a sexual offense and are not required to register as a sex offender with any government entity;
• you have not previously been suspended or removed from OUR SITE or SERVICE;
• you have the right, authority and capacity to enter into this Agreement and to abide by all of the TERMS AND CONDITIONS of this AGREEMENT;
• you are not a competitor of THE NOTE BERLIN and are not using the services for reasons that are in competition with THE NOTE BERLIN. PERSONS UNDER THE AGE OF 18
Persons under the age of 18 are not eligible to use our SITE or SERVICES or to shop THE NOTE BERLIN online store.


LANGUAGE OF THE AGREEMENT
The language of this TERMS AND CONDITIONS and the AGREEMENT is English.


ACCEPTANCE
You hereby acknowledge that you have read and understand the foregoing AGREEMENT and agree to be bound by its TERMS AND CONDITIONS.
THE LAW APPLICABLE TO THIS WEBSITE IS THE LAW OF THE FEDERAL REPUBLIC OF GERMANY
©  ®™ SM THE NOTE BERLIN | NOVEMBER 2015


BRAND PROTECTION
WE LOVE OUR BRAND AND WE WILL AGGRESSIVELY ENFORCE ITS INTELLECTUAL PROPERTY RIGHTS. TO THE FULLEST EXTENT OF THE LAW.
THE NOTE BERLIN brands are incredibly powerful. They awake emotions, excitement and interest in our company. THE NOTE BERLIN brand is fundamental to the success of our company. Through them we show how we identify ourselves, how we communicate our ambition and how we drive excitement and enthusiasm into our products and our company. To ensure that we maintain both the emotional and commercial value of our brands, we carefully control their use and prevent their unauthorized distribution.


There is only one way for you to enjoy THE NOTE BERLIN BRAND PRODUCTS: experience it! You can do this by visiting one of our licensed retailers – listed in our WHERE TO BUY section – or shop at our official THE NOTE BERLIN WEB-STORES. We have dedicated ourselves to using the best materials and the finest ingredients to create and produce the highest quality equipment".


However, while we are creating the coolest stuff, counterfeiters are very interested in making cheap knockoffs that are often mistaken for the real stuff. The only way to be sure you're buying original THE NOTE BERLIN things is to get it from one of our retailers or websites. We are aware that our customers have the same pride and dedication as we have for protecting our brand. So if you think you have counterfeit THE NOTE BERLIN products, or if you see our stuff somewhere else than at one of our retailers, let us know. Just drop us a note and provide us with as much information as possible at brandprotection(at)thenoteberlin.com. We would be more than pleased to have your help!


For a list of locations where original THE NOTE BERLIN products are sold, please visit THENOTEBERLIN.COM and use the "WHERE TO BUY" section. Our site will direct you to your country specific retailer anywhere in the world. No other then this websites are authorized to sell THE NOTE BERLIN merchandise. Don't be fooled by counterfeiters that attempt to copy the look of our website by stealing our images and content or by including our name within their domain address.


BE WARNED FOR YOUR OWN PROTECTION!
If counterfeiters are willing to steal from THE NOTE BERLIN, they‘re willing to steal from you too! You are at the same risk whenever you provide counterfeit websites with your email address, personal information and credit card details. We guarantee all of our products are THE NOTE BERLIN quality and the real deal, but only if you buy it from us. We cannot support products that are purchased outside of our retailers stores or our website.
We believe more than strongly that the only way to give you the best THE NOTE BERLIN experience is to do it ourselves. So there is no company out there allowed to produce our stuff unless authorized to do so by us or at our request! You are hereby advised that THE NOTE BERLIN will aggressively enforce its intellectual property rights to the fullest extent of the law, including criminal prosecution.


THE NOTE BERLIN prides itself in creating and producing the highest quality things. Our lifestyle brand is synonymous with quality. We take a very proactive approach to combating the problem of counterfeiting and we work directly with customs and law enforcement agencies worldwide to stop those engaged in the sale and distribution of these inferior goods. We are prepared to take legal action whenever necessary against anyone found infringing upon our trademarks or brand.


THE NOTE BERLIN, THE NOTE BERLIN LOGO, the claim "WRITTEN IN PERFUM" are trademarks of THE NOTE BERLIN. These claims, trade marks, logos and other proprietary graphics may not be used in connection with any other products or services without THE NOTE BERLIN expressing prior written consent.


Your use of any of our brand marks without the written permission of THE NOTE BERLIN or the content owner is strictly prohibited, except as provided for in our BRAND PROTECTION section. If you have further questions regarding our BRAND PROTECTION please contact us by e-mail: brandprotection(at)thenoteberlin.com.


INTELLECTUAL PROPERTY OF THE NOTE BERLIN
Copyright: Again You are hereby advised that THE NOTE BERLIN will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.
This website and all of its contents including, but not limited to, all text and images ("Content") are owned and copyrighted by THE NOTE BERLIN, its subsidiaries, sponsors or affiliated companies (collectively, "Affiliated Entities") or others with all rights reserved unless otherwise noted.
The build up of all content on this site is the exclusive property of THE NOTE BERLIN and it is protected by European and international copyright laws.


Any content that is a trademark, logo or service mark is also a registered and unregistered trademark of THE NOTE BERLIN or others. Your use of any Content, except as provided in this BRAND PROTECTION section, without the written permission of THE NOTE BERLIN or the " Content" owner is strictly prohibited. If you have further questions regarding our BRAND PROTECTION please contact us by email: brandprotection(at)thenoteberlin.com
Other product and company names mentioned herein may be trademarks of their respective companies. Any statement made by an THE NOTE BERLIN representative that contradicts these guidelines is expressly unauthorized and disclaimed by THE NOTE BERLIN.


COPYRIGHT POLICY
If you are a copyright owner or an agent thereof and believe that anything on the SITES infringes upon your copyrights, you may submit a notification of infringement pursuant to the DIGITAL MILLENNIUM COPYRIGHT ACT ("DMCA") by providing our COPYRIGHT AGENT with the following information
• an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
• a description of the copyrighted work that you claim has been infringed;
• a description of where the material that you claim is infringing is located on our website (please include URLs to help US identify the material);
• your address, telephone number, and email address;
• a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
• a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Last update: October 2017
Valid since: October 2015
© THE NOTE BERLIN GMBH / All rights reserved.