AGREEMENT TO OUR LEGAL TERMS
We are The Runderluster (“we,” “us,” or “our”), a business based in Berlin, Germany.
We operate the website https://www.therunderluster.com (the “Site”). These Legal Terms govern your access to and use of the Site.
You can contact us at runderlustely@gmail.com.
By accessing or using the Site, you agree to these Legal Terms. If you do not agree with them, please discontinue use of the Site.
The Site is intended primarily to provide information about The Runderluster, our work, and the services we may offer. Accessing the Site, contacting us, or submitting an enquiry does not by itself create a contractual relationship between you and The Runderluster.
Any services provided to clients may be subject to separate agreements, quotations, confirmations, or other terms agreed directly with the client.
Nothing in these Legal Terms limits any mandatory rights that you may have under applicable consumer protection law.
TABLE OF CONTENTS
2. INTELLECTUAL PROPERTY RIGHTS
5. CLIENT AGREEMENTS AND PAYMENT
6. CANCELLATIONS AND CONSUMER RIGHTS
12. MODIFICATIONS AND INTERRUPTIONS
1. OUR SERVICES
The Site provides information about The Runderluster, our work, projects, and services.
The availability of information on the Site does not constitute a binding offer to provide a particular service. Services, scope of work, prices, timelines, payment terms, deliverables, and other project-specific conditions are agreed separately with each client where applicable.
We may accept enquiries from individuals or businesses located in Germany, elsewhere in the European Union, or internationally. We reserve the right to decide whether we are able to provide services in a particular country or jurisdiction.
Users who access the Site from outside Germany are responsible for complying with any local laws applicable to them.
2. INTELLECTUAL PROPERTY RIGHTS
Unless otherwise stated, the content available on this Site, including text, photographs, images, graphics, videos, designs, logos, branding, and other materials, is owned by or licensed to The Runderluster and is protected by applicable intellectual property laws.
You may access and view the Site and its content for your personal and non-commercial use.
You may not reproduce, copy, modify, distribute, publish, sell, license, commercially exploit, or otherwise use substantial parts of the Site or its content without our prior written permission, except where such use is permitted by applicable law.
Where content displayed on the Site has been created for or in collaboration with a client or third party, the intellectual property rights relating to that content may be subject to separate agreements or belong wholly or partly to the relevant client, creator, photographer, designer, or other rights holder.
Nothing on the Site should be interpreted as granting you ownership of, or a licence to commercially use, any intellectual property belonging to The Runderluster or to third parties.
If you believe that any content on the Site infringes your intellectual property rights, please contact us at runderlustely@gmail.com.
By using the Services, you represent and warrant that: (1) you have the legal capacity and you agree to comply with these Legal Terms; (2) you are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Services; (3) you will not access the Services through automated or non-human means, whether through a bot, script or otherwise; (4) you will not use the Services for any illegal or unauthorized purpose; and (5) your use of the Services will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).
4. ENQUIRIES AND SERVICES
The Site does not operate as an online shop and does not allow users to purchase services directly through the Site unless expressly stated otherwise.
Descriptions of services, previous projects, examples of work, prices, or other information displayed on the Site are provided for general information and do not constitute a binding offer.
If you contact us regarding a potential project or service, any resulting engagement will only become binding once the relevant scope of work, price, and other material terms have been agreed between us.
We reserve the right to accept or decline any enquiry or proposed engagement.
5. CLIENT AGREEMENTS AND PAYMENT
The specific terms applicable to services provided by The Runderluster, including the scope of work, price, payment schedule, deadlines, deliverables, revisions, cancellation terms, and any other project-specific conditions, may be agreed separately with the client in writing.
Such terms may be contained in a quotation, proposal, invoice, email correspondence, written agreement, or other confirmation accepted by both parties.
Unless otherwise agreed, all amounts are stated and payable in Euros.
Where there is a conflict between these Legal Terms and specific terms expressly agreed with a client for a particular project, the specific client agreement will apply to that project, except where applicable law provides otherwise.
6. CANCELLATIONS AND CONSUMER RIGHTS
Cancellation, rescheduling, refund, and payment conditions relating to a particular service may be specified in the agreement or quotation applicable to that service.
Nothing in these Legal Terms excludes or restricts any mandatory rights available to consumers under German or European Union law.
Where a client qualifies as a consumer and a contract is concluded at a distance, statutory withdrawal rights may apply in accordance with applicable law.
Where applicable, information concerning any statutory right of withdrawal, its exercise, and any relevant exceptions will be provided in connection with the relevant service or agreement.
7. PROHIBITED ACTIVITIES
You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
As a user of the Services, you agree not to:
- Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
- Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
- Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein.
- Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.
- Use any information obtained from the Services in order to harass, abuse, or harm another person.
- Make improper use of our support services or submit false reports of abuse or misconduct.
- Use the Services in a manner inconsistent with any applicable laws or regulations.
- Engage in unauthorized framing of or linking to the Services.
- Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services.
- Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
- Delete the copyright or other proprietary rights notice from any Content.
- Attempt to impersonate another user or person or use the username of another user.
- Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
- Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services.
- Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you.
- Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services.
- Copy or adapt the Services’ software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
- Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services.
- Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Services, or use or launch any unauthorized script or other software.
- Use a buying agent or purchasing agent to make purchases on the Services.
- Make any unauthorized use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
- Use the Services as part of any effort to compete with us or otherwise use the Services and/or the Content for any revenue-generating endeavor or commercial enterprise.
- Sell or otherwise transfer your profile.
- Use the Services to advertise or offer to sell goods and services..
8. SERVICES MANAGEMENT
We reserve the right, but not the obligation, to: (1) monitor the Services for violations of these Legal Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Legal Terms, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.
9. PRIVACY POLICY
We take privacy and the protection of personal data seriously.
Our collection and processing of personal data in connection with the Site are described in our Privacy Policy, which is available separately on the Site.
The Privacy Policy provides information about, among other things, the categories of personal data we may process, the purposes and legal bases of processing, recipients of data where applicable, retention periods, and the rights available to individuals under applicable data protection law.
Use of the Site does not constitute consent to any processing activity for which consent is legally required. Where consent is required, it will be requested separately.
10. TERM AND TERMINATION
These Legal Terms shall remain in full force and effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
11. MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Services. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.
We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services. Nothing in these Legal Terms will be construed to obligate us to maintain and support the Services or to supply any corrections, updates, or releases in connection therewith.
12. GOVERNING LAW
These Legal Terms are governed by the laws of the Federal Republic of Germany.
If you are a consumer habitually resident in another country of the European Union or European Economic Area, you also retain the protection of any mandatory consumer protection provisions applicable in your country of residence that cannot lawfully be excluded by agreement.
Nothing in these Legal Terms is intended to deprive consumers of rights granted to them by mandatory applicable law.
13. DISPUTE RESOLUTION
We encourage users and clients to contact us directly first if any issue or dispute arises so that we can attempt to resolve it amicably.
Any dispute arising in connection with these Legal Terms shall be subject to the jurisdiction provided by applicable law.
To the extent legally permitted, if you are acting in the course of a trade, business, or profession and no mandatory jurisdiction rules apply, the courts having jurisdiction in Berlin, Germany shall have jurisdiction.
Mandatory rights and jurisdiction rules applicable to consumers remain unaffected.
Restrictions
The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
Exceptions to Arbitration
The Parties agree that the following Disputes are not subject to the above provisions concerning binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or
unauthorized
use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
14. CORRECTIONS
There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.
15. DISCLAIMER
We make reasonable efforts to keep the information provided on the Site accurate and up to date. However, we do not guarantee that all information on the Site will always be complete, accurate, current, or free from errors.
The Site and its content are provided for general informational purposes. Information displayed on the Site should not be understood as a guarantee that a particular service, result, availability, price, or outcome will be offered.
The Site may occasionally be unavailable due to maintenance, technical problems, updates, or circumstances outside our reasonable control.
Nothing in this section excludes or limits liability where such exclusion or limitation would not be permitted under applicable law.
16. LIMITATIONS OF LIABILITY
Our liability is determined in accordance with applicable German law.
Nothing in these Legal Terms excludes or limits liability for intent, gross negligence, injury to life, body, or health, or any other liability that cannot legally be excluded or limited.
To the extent permitted by applicable law, we are not responsible for losses resulting solely from the use of, or inability to access, the Site where such losses were not caused by a breach of our legal obligations.
Any liability relating specifically to services provided to a client may also be governed by the terms agreed for that particular engagement, subject always to mandatory applicable law.
17. USER DATA
Any personal data that you provide through the Site will be processed in accordance with our Privacy Policy and applicable data protection law.
You are responsible for ensuring that information you voluntarily provide to us is accurate and that you are entitled to provide it.
For further information about how we process and protect personal data, please refer to our Privacy Policy.
18. ELECTRONIC COMMUNICATIONS
When you contact us by email, through a contact form, or through another electronic communication channel, communications between you and The Runderluster may take place electronically.
Where permitted by applicable law, agreements and confirmations relating to our services may also be made electronically.
Nothing in this section limits any formal requirements imposed by applicable law for a particular type of agreement or declaration.
19. MISCELLANEOUS
These Legal Terms, together with any policies expressly incorporated into them, govern the use of the Site.
If any provision of these Legal Terms is found to be invalid or unenforceable, the remaining provisions will continue to apply to the extent permitted by law.
Our failure to enforce a provision of these Legal Terms does not constitute a waiver of that provision or of any other rights.
We may update these Legal Terms from time to time. The current version will be published on the Site together with the date of the latest update.
Any separate agreement entered into between The Runderluster and a client remains subject to its own agreed terms.
20. CONTACT US
If you have questions about these Legal Terms or the Site, please contact:
The Runderluster
Elisa Lomonte
Berlin, Germany
Germany
email: runderlustely@gmail.com
