General terms and conditions of the company Dennis Herzog www.Giant-Tube.com
These Terms and Conditions govern your relationship with http://www.giant-tube.com website operated by Dennis Herzog.
Please read these Terms and Conditions carefully before using my website.
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
Customer Terms and Conditions
Before Subscriber’s transaction can be completed, Subscriber must read and agree to these terms and conditions.
By applying for access and or services from this website, Subscriber is agreeing to these terms and conditions, and is agreeing to be legally bound by them. This agreement is subject to change at any time. Changes are effective when posted on this site without notice upon each subscriber.
1. Subscriber data is for internal use only and will be treated confidential.
2. All transactions are SSL encrypted.
3. Subscriber’s credit card will be billed immediately after purchase.
4. After purchase Subscriber will receive an email notification with all payment details. The contract is closed between customer and shop as soon as the order is submitted.
5. All orders will be processed immediately.
6. All questions will be answered within two working days.
7. We recommend to print out the transaction data and Terms and Conditions and to keep them at an easily accessible place.
8. Prohibited for people under legal age in their respective country
1. “Member” or “Membership,” shall mean the subscriber or user of a valid username and password for the site during the term of membership.
2. “Site” shall mean the website for which subscriber is purchasing a username and password in order to access the site and its materials and obtain the benefits of membership.
3. “Subscriber” shall mean the user of the services of the site and holder of a valid username and password for the Site.
4. “Access rights,” shall mean the combination of unique username and password that is used to access a site. An access rights is a license to use a Site for a period of time that is specified.
Description of Services
We will provide one access right to access the Site and its materials for which Subscriber is purchasing a membership.
Authorization of Use
Subscribers to the Site are hereby authorized a single access rights to access the service or material located at this website. This access rights shall be granted for sole use to one Subscriber. All memberships are provided for personal use and shall not be used for any commercial purposes or by any other third parties. Commercial use of either the Site or any material found within is strictly prohibited unless authorized by the website. No material within the Site may be transferred to any other person or entity, whether commercial or non-commercial. No material within the Site may be distributed through peer-to-peer networks or any other file sharing platforms. In addition, materials may not be modified, or altered. Materials may not be displayed publicly, or used for any rental, sale, or display. Materials shall extend to copyright, trademarks, or other proprietary notices there from. The Site reserve the right to terminate this access rights at any time if the terms of this agreement are breached. In the case that the terms are breached, subscriber will be required to immediately destroy any information or material printed, downloaded or otherwise copied from the site.
Transfer of Access Rights
Access to the Site is through a combination of a username and a password. Subscribers may not under any circumstances release their access rights to any other person, and are required to keep their access rights strictly confidential. We will not release passwords for any reason, to anyone other than the Subscriber, except as may be specifically required by law or court order. Unauthorized access to the Site is a breach of this Agreement. Subscribers acknowledge that the owner of the Site may track through the use of special software each Subscriber’s entry to the site. If any breach of security, theft or loss of access rights, or unauthorized disclosure of access rights information occurs, Subscriber must immediately notify the Site of said security breach. Subscriber will remain liable for unauthorized use of service until The site is notified of the security breach by e-mail or support ticket.
Sanction and Approval of Adult Material
This Site contains age-restricted materials. If Subscriber is under the age of 18 years, or under the age of majority in the location from where accessing this Site Subscriber does not have authorization or permission to enter or access any of its materials. If Subscriber is over the age of 18 years or over the age of majority in the location from where accessing this site by entering the website you hereby agree to comply with these terms and conditions.
Supplementary Terms and Conditions
The Site may have additional Terms and Conditions that are an integral part of their offering to the Subscriber, and are in addition to these Terms and Conditions. Such Terms and Conditions as listed at the site will in no way invalidate any of the Terms and Conditions listed here. This Agreement shall be construed and enforced in accordance with the Laws of Germany applicable to contracts negotiated, executed, and wholly performed within said Country.
If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid or enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
The Site cannot and does not guarantee or warrant that files available for downloading from the internet will be free of viruses, worms, Trojan horses or other code that may manifest contaminating or destructive properties. You, as a user, are fully responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the site for the reconstruction of any lost data. The Site does not assume any responsibility or risk for your use of the internet. Your use of the Site is at your own risk. The content is provided “as is” and without warranties of any kind, either expressed or implied. The Site disclaims all warranties, including any implied warranties of merchantability, fitness for a particular purpose, title, or non-infringement. The Site does not warrant that the functions or content contained in the Site will be uninterrupted or error-free, that defects will be corrected, or that the Site or the server that makes it available are free of viruses or other harmful components. The Site does not warrant or make any representation regarding use, or the result of use, of the content in terms of accuracy, reliability, or otherwise. The content may include technical inaccuracies or typographical errors, and we may make changes or Improvements at any time. You, as a user, and not Dennis Herzog, assume the entire cost of all necessary servicing, repair or correction in the event of any loss or damage arising from the use of the Site or its content. The Site makes no warranties that your use of the content will not infringe the rights of others and assumes no liability or responsibility for errors or omissions in such content. The Site does not warrant or make any representations regarding the content’s appropriateness or authorization for use in all countries, states, provinces, county or any other jurisdictions. If you choose to access the Site, you do so on your own initiative and risk and are responsible for compliance with all applicable laws.
Under no circumstances including, but not limited to, negligence, shall Dennis Herzog be liable for any direct, indirect, incidental, special, consequential or punitive damages that result from the use of, or the inability to use the Site. Members acknowledge and agree that Dennis Herzog is not liable for any defamatory, offensive or illegal conduct of any user.
Members agree to indemnify and hold harmless Dennis Herzog from any against any claims, losses, liabilities or expenses (including reasonable attorneys’ fees) arising out of Member’s breach of any term, condition or promise contained herein. Should any such claim for indemnification arise, or should any action be brought by Member or Dennis Herzog relating to any services or products offered by or through the Site, Member agrees to submit to the personal jurisdiction of the courts of Germany. These Terms and any relationships based on or relating to the use of the Site shall be governed by, and construed in accordance with, the laws of the Germany. Any dispute related to a relationship established by these Terms or occurred with the connection with the transactions contemplated by these Terms shall be instituted and prosecuted only in the courts of Germany and the local venue shall be determined by ordinary court of Dennis Herzog, which shall be the exclusive venue for any such action, suit or other proceeding.
In order to use the Site, you faithfully represent and warrant that you are at least eighteen (18) year of age and/or over the age of majority in the jurisdiction you reside and from which you access the Site where the age of majority is greater than eighteen (18) years of age. If you are under the age of eighteen (18) and/or under the age of majority in the jurisdiction you reside and from which you access the Site, then you are not permitted to use the Site. You may not permit access to any of materials on the Site to any persons who are under the age of eighteen (18) and/or under the age of majority in the jurisdiction you reside and from which you access the Site.
The Site provides online entertainment services (video and photo materials) that may be regarded adult in nature and which may contain graphic depictions and descriptions of explicit sexual activity. You acknowledge that you are aware of the nature of the content offered on the Site, that you are not offended by such content and that you access the Site absolutely freely, voluntarily and willingly. Access to any materials appearing on the Site from jurisdictions where its contents are illegal is prohibited. Dennis Herzog makes no representation or warranty that the content published on the Site complies with the local laws of your jurisdiction. You are solely responsible for knowing and understanding your local laws concerning standards of content legality for purposes of obscenity laws.
If you wish to purchase any product or service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of Purchases.
We reserve the right to refuse or cancel your order at any time for certain reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.
We reserve the right to refuse or cancel your order if fraud or an unauthorised or illegal transaction is suspected.
Availability, Errors and Inaccuracies
We are constantly updating our offerings of products and services on the Service. The products or services available on our Service may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information on the Service and in our advertising on other web sites.
We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
The Service and its original content, features and functionality are and will remain the exclusive property of Dennis Herzog and its licensors. The Service is protected by copyright, trademark, and other laws of both the Germany and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Dennis Herzog.
Links To Other Web Sites
Our Service may contain links to third-party web sites or services that are not owned or controlled by Dennis Herzog.
Dennis Herzog has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Dennis Herzog shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
The copyrights of our Website are the property of Dennis Herzog / www.Giant-Tube.
Texts, graphics, photographs, animations, videos and clips, visible on the Website are the object of copyright and are part of the intellectual property of Dennis Herzog / www.Giant-Tube.com.
Those may not be reproduced, used, presented or represented without an explicit written permission by Dennis Herzog / www.Giant-Tube. Any distribution of files, obtained by the Users under the Terms and Conditions of the Website, or of parts of such files, constitutes a violation of the relevant intellectual property protection laws and is prosecuted by the law.
Nothing contained on this Website may be interpreted as granting a license or right of use as a trademark without the prior explicit written consent of Dennis Herzog / Giant-Tube.
These Terms shall be governed and construed in accordance with the laws of Baden- Württemberg, Germany, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time.
If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.
If you have any questions about these Terms, please contact me.