3.1. The Services contain a lot of content, including, but not limited to software, technology, text, widgets, messages, links, e-mails, music, sound, graphics, pictures or video materials (the “Content"). The Content and all of the intellectual property rights in the Content are owned by us (or by our affiliates and partners as applicable).
3.3. Unless and to the extent that we have expressly authorised you in writing, you must not:
a) copy or download any Content from the Service or any part thereof (except as part of the proper use or operation of the Services);
b) distribute, publicly perform or display, lease, sell, transmit, transfer, publish, edit, copy, create derivative works from, rent, sub-license, distribute, decompile, disassemble, reverse engineer or otherwise make unauthorized use of the Content;
c) make any commercial use (i.e. for profit) of any Content; or
d) remove, obscure, or alter copyright, patent, trademark, or other proprietary rights notices affixed to the Content.
3.4. Our Services are provided for your personal, non-commercial use only. We may offer certain portions of our Services at no charge and others for a one-time fee, on a subscription basis (“Subscription”) or under any other lawful pricing structure as specified in the Services and/or Application.
3.5. We do our best to make the Content available to you as a part of your enjoyment of the Services, but this is subject to the following rules:
a) we can only make the Content available to you if it is legal for you to have access to the Content in your home country;
b) you may only obtain the Content from us (or from any person that we authorise for this purpose) and you must not obtain Content from any other person or attempt to do so;
c) we reserve the right to refuse your request(s) to acquire the Content, and we also reserve the right to limit or block any request to acquire or obtain Content at our reasonable discretion, in particular insofar as there are technical issues and/or legal restrictions e.g. under copyright law, criminal law, youth protection law etc.;
d) we do not guarantee that any of the Content will be available at all times, in all countries and/or all geographic locations, or at any given time or that we will continue to offer any particular Content for any particular period of time (unless we expressly say otherwise as part of the Services);
e) the Content you have access to is not returnable, exchangeable, or refundable for other Content or for cash, or other goods or services; and
f) we may have to change or update the Content from time to time.
The Services may include hyperlinks to web sites operated by third parties including advertisers and other content providers. Those sites may collect data or solicit personal information from you. We do not control such web sites, and are not responsible for their content, privacy policies, or for the collection, use or disclosure of any information those sites may collect. You assume sole responsibility for your use of third-party links. We are not responsible for any content posted on third-party websites or liable to you for any loss or damage of any sort incurred as a result of your dealings with any third-party or their website.
5.1 We warrant that we have the right to enter the Terms of Service and to grant you the licences to use the Services set out in section 3 "Content".
5.2. Our Services and Service Content (including software) are provided on an “as is” and “as available” basis without warranty of any kind, either express or implied.
5.3. We shall be liable for damages with respect to injuries to health, body or life or for intentional damages caused by us, our representatives, employees or our vicarious agents or in any other cases according to the applicable law.
5.4 Any further liability of us either for the Services, Services Content or any advertising in connection with our Services or any links placed in our Services, as well as by reason of any information or advice received through or advertised in connection with our Services or any links placed in our Services shall be waived to the broadest extent as permitted by relevant provisions of applicable law.
7.2. We and you submit all the aforementioned disputes to the jurisdiction of the courts of the country whose laws are applicable subject to Section 1 of this Article 7 "Governing (Applicable) Law and Jurisdiction".