TERMS OF SERVICE
- You will need to provide your personal information that is required for registering the account or any other form exclusively designated by PowerBrain.Shop® in order to be able to become a registered customer. Your provided personal data will be used for your identification and for execution of this agreement. PowerBrain.Shop® gives the commitment for the protection of your personal data. It will only be disclosed in the event of execution of this agreement or as necessitated by the agreement or applicable law. You are explicitly authorizing PowerBrain.Shop® to use, process, store and transmit the information to third parties if required to execute this agreement.
- Personal data refers to all information about an individual who can be identified by this information; or from this information and other information to which we have or are likely to have access, including information in our records that may be updated from time to time, and any other information relating to any individuals whom you have provided to us over time during your interaction with PowerBrain.Shop®.
- You acknowledge that you have provided correct information about yourself in any required form and that you subsequently enter correct information when modifying or adding data to the website. You shall bear any losses and damage that arise in connection with the transmission of invalid or incorrect data. After obtaining your consent in the registration form PowerBrain.Shop® may use your personal information for direct marketing purposes and you may revoke this consent at any time.
2. INTELLECTUAL PROPERTY
- PowerBrain.Shop® provides copyright protection for the URLs that make up the PowerBrain.Shop® website, for all associated logos of our services described on all PowerBrain.Shop® websites and are trademarks of PowerBrain.Shop®. This includes copyrights for all page headers, designs, custom graphics, scripts, software binaries and source codes and other content provided by PowerBrain.Shop®. It is not allowed to copy, modify, imitate, alter, amend or use them without our prior written approval. All content contained on the website and all information comprised on it are the exclusive property of PowerBrain.Shop®. Downloading, reproducing or forwarding information except for non-commercial individual use is prohibited.
- PowerBrain.Shop® keeps all intellectual property rights contained in the information, words, graphics such as logos and images, audio clips, trademarks, trade names and trade registrations, patents, data compilations, scripts, software, computer codes, designs, technology, sound or any other materials or works found on the website. You may download and print these materials for personal and non-commercial use form the site, provided you do not violate this agreement. You may not in any way or by any means copy, transfer, distribute, reverse compile, adapt, modify, reproduce, republish, display, transmit, link, broadcast or store any part of the website in any information retrieval system without the prior PowerBrain.Shop® written authorization.
3. USE OF THE WEBSITE
- The PowerBrain.Shop® website provide contents on an “as is” and “as available” basis without any warranties and are provided for your general information only. There is no express, implied or statutory warranty of any kind made in connection with the information and content of the website, the tools in the website or the website in general. You agree not to copy any information from the website without our permission, except for information for your personal non-commercial use.
- Links to third party websites and services may be found on the pages of the website, which are made available for your convenience. But, PowerBrain.Shop® does not guarantee their safety and compliance and is not responsible for the maintenance of materials referenced from any other website and makes no warranty for this web site or service in this regard. Links to third parties with their content, products and services do not imply endorsement by PowerBrain.Shop®. You assume sole responsibility for and assume all risks arising from the use of such third party content.
- The information on the web page may not always be complete, accurate or current and may be changed or updated, with or without notice. The goal is to offer you complete and accurate information about our policies, products and services. PowerBrain.Shop® makes no warranty as to the accuracy and correctness, adequacy, completeness, reliability, timeliness, non-infringement, merchantability or fitness for any purpose of the information on the website or any website linked to it; also not for faultlessness, correction of defects and virus or other harmful content. PowerBrain.Shop® strictly disclaims any liability for them and any errors or omissions. PowerBrain.Shop® does not assume any responsibility for the translation of the website at any time, in countries or geographical locations. In that sense, you must carefully review all information before making any decisions based on the information provided on the web page. We cannot be held responsible for such decisions as they are your sole responsibility.
- PowerBrain.Shop® reserves the right, at its sole discretion and without notice, to modify, change or remove content on the website. You are deemed to have accepted and agree to such changes after their posting on the website, when you access or use the website. PowerBrain.Shop® also reserves the right to block or restrict access to the website or any portion of it, or to terminate or discontinue its use. PowerBrain.Shop® accepts no liability for any losses that may result from such measures. Furthermore, PowerBrain.Shop® reserves the right to disable links that it believes contin information, images and illustrations or other material that is inappropriate, defamatory, obscene, indecent or unlawful, or infringed laws or other public, private, intellectual interests, property or other proprietary rights, or has not been authorized by us.
4. JURISDICTION, APPLICABLE LAW AND DISPUTE RESOLUTION
- PowerBrain.Shop® reserves the right, at its sole discretion, to change the jurisdiction of PowerBrain.Shop® and this agreement at any time, and to use all its parent companies, subsidiaries and other affiliates to implement this agreement, the products and services of PowerBrain.Shop®, and the operations of PowerBrain.Shop®.
- The law of Switzerland shall apply to the interpretation, validity and enforcement of this agreement and to any action in connection with it.
- Disputes arising from the agreement between the user and PowerBrain.Shop® are governed by negotiation between the user and PowerBrain.Shop®. In the event of non-performance of an agreement within fourteen days, any disputes, disagreements or claims arising out of or relating to this agreement, its violation, dissolution or validity, which are not resolved by the user and PowerBrain.Shop®, shall be settled in the arbitration court of Zurich, Switzerland. Hereby, both the user and PowerBrain.Shop® submit to the exclusive jurisdiction of the courts in Switzerland. In the event of a breach of law in his home country or nationality by using AIPBS or any service provided by PowerBrain.Shop®, the user shall be liable for any damage to PowerBrain.Shop® and agrees to forfeit any assets within his PowerBrain.Shop® and/or AIPBS account, at the discretion of PowerBrain.Shop®, AIPBS or its employees.
5. TERMINATION (LIMITATION) OF THE AGREEMENT
- The term of this agreement will be effective for the period of successful registration of the account until the time as this agreement terminates for any reason whatsoever. A closure of the account will result in the termination of the agreement.
- At any time and for any reason at its sole discretion, PowerBrain.Shop® may terminate this agreement, terminate your access to the website and to your account and suspend all outstanding transactions and/or funds at any time without notice. PowerBrain.Shop® assumes no liability or obligation upon termination of this agreement. In the event of termination of this agreement for any reason, no amount will be refunded by PowerBrain.Shop®.
- You acknowledge that you have read this agreement and understood its terms & conditions and consequences.
- In case that any term, provision, covenant or restriction of this agreement by a court of competent jurisdiction is declared to be invalid, unlawful, void or unenforceable, the remainder of the terms, provisions, covenants and restrictions set forth in this agreement shall remain in full force and effect and will in no way be affected, impaired or invalidated. In order to find and use alternative opportunities, the contracting parties are requested to use their economically viable means and efforts to achieve the same or substantially the same result as provided for such term, condition, covenant or limitation. It is hereby agreed and stated that the parties will, with the best intentions, implement the remaining terms, conditions, covenants and limitations without the inclusion any of the following, which are hereby declared as invalid, illegal, void or unenforceable.
- This is a personal agreement with you, which may not be assigned or delegated to anyone else. Any attempt by you to assign, transfer or delegate this agreement and the rights and/or obligations set forth in this agreement shall be nullified. PowerBrain.Shop® may freely assign this agreement and/or delegate its duties without consent or notice.
- This agreement, as well as the whitepaper and any terms and conditions posted on the website from time to time, constitute the entire agreement between the parties with respect to the subject matter hereof. Nothing in the agreement shall be deemed a waiver unless such waiver is in written form and signed by the party benefiting from the enforcement of this provision. However, waiving any provision of the agreement shall not be deemed a waiver of any subsequent breach of such provision or waiver of any similar provision. In addition, a waiver of any breach or failure to enforce any term or condition of the agreement shall in no way affect, limit or waive the rights of any party to thereafter enforce strict compliance with all terms and conditions of this agreement.
- You agree not to make any negative, damaging or adverse statements regarding PowerBrain.Shop®, AIPBS, any subsidiaries or affiliates, their business operations, products or product histories, or their respective former or current officers, management, agents, distributors or consultants, which may have a negative effect on the reputations of PowerBrain.Shop®, AIPBS, any subsidiaries or affiliates, or respective former or present management, advisors, distributors, agents or consultants of PowerBrain.Shop® or its subsidiaries or affiliates or its business or business aspirations.
- This agreement shall not be construed in a manner that would create a joint venture, partnership or any other similar relationship between you and PowerBrain.Shop®.
- If you fail to comply with the agreement, act fraudulently or illegally or make unauthorized transmission and use of personal information, PowerBrain.Shop® reserves the right to revoke this agreement at any time.
- The English language version applies if translated copies of the agreement, the whitepaper and the terms and conditions published on the website from time to time, may conflict with each other.