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Agreement on Terms and Conditions for Use (TCU) of the Loyalty Program and SRG Platform SRG Community LTD

BEFORE INSTALLATION OR USE OF THE LOYALTY PROGRAM, THE PLATFORM OR OTHER SERVICES PROVIDED BY SRG COMMUNITY, PLEASE CAREFULLY READ THIS AGREEMENT (HEREINAFTER – AGREEMENT). IF YOU DO NOT ACCEPT ALL TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MAY NOT INSTALL OR OTHERWISE HAVE ACCESS TO THE LOYALTY PROGRAM AND SRG PLATFORM.

Thank you for your interest in the Loyalty program and SRG platform. This Agreement sets the terms and conditions under which you are granted a license to install and use the Loyalty Program and SRG Platform. When used herein, the term "platform" refers, in whole and in part, to a software product, services, mobile applications, a web version as well as all the named above functions and components installed or used on a computer or a mobile device.

You shall accept these TCU as a precedent condition for the Services use. By accepting these TCU, you acknowledge that you are 14 years old. If your age is between 14 and 17 years and you may not for other reasons enter into such agreements like these TCU, you hereby acknowledge that your legal guardian or a holder of parental responsibility has considered these TCU and accepted them.

When using or otherwise having access to the Services, you accept these TCU. If you do not accept these TCU, you may not use or otherwise have access to the Services.

If you have access to the Services via the social networking site ("SNS"), such as Facebook, you agree to comply with the terms of services provision of this site as well as these TCU.

To use the Loyalty Program and SRG Platform you need to register or have a registered SRG Account.

1.The Right to Use the Loyalty Program and SRG Platform as well as Related Services

Creation and use of Accounts are subject to the following conditions:

  • You may register an Account, only if:
    • you are an individual, an adult in terms of legislation of the country of residence;
    • you are not a person who is prohibited from using the Platform by SRG Community;
  • You submit SRG Community reliable and relevant data relating directly to you, namely, inter alia: your name and e-mail address;
  • You choose a unique user name and a password (hereinafter collectively referred to as "Login Credentials”);
  • You may not use your real name as a password for your Account, and may not share your Account or Login Credentials with anyone, unless permitted by the terms hereof.
  • You shall ensure the confidentiality of Login Credentials, since you are liable for any use of Login Credentials and your Account. If you become aware of, or reasonably suspect a security violation, including but not limited to, loss, theft or unauthorized disclosure of Login Credentials, you must immediately inform SRG Community LTD at the address:
  • SRG Community LTD may, at its sole discretion, require additional information and/or documentation to validate your data, and upon receipt of such information, SRG Community will take actions to block your Account until you get back control of your Account.
  • SRG Community LTD may, at its sole discretion, require additional information to verify your identity in order to check it for consistency with the data you provide when you register your Account with the SRG Platform;
  • Regardless of any actions taken on your behalf by SRG Community, you acknowledge and agree that SRG Community may, at its sole and absolute discretion, decide whether your information is correct and, if it is correct, take the appropriate actions;
  • Subject to your country of residence laws, minor children may use an Account created by their parents or legal guardians. In case you allow your minor child or a person under your care (hereinafter a “Child”) to use your Account on SRG Platform, you agree to accept the terms of this Agreement on your own behalf and on behalf of your Child; and you understand and agree that you are liable for any use of your Account by your Child, regardless of whether you allow a Child to use it or not;
  • You may install relevant components or functions of SRG Platform on one or more computers or mobile devices being completely under your legitimate control.
  • You can use SRG Platform for your personal purposes only;
  • You may not transfer your rights and obligations to third parties to use your Account;
  • You may not use your Account for commercial purposes (e.g. buying/selling); in case you have violated this provision, SRG Community LTD will not be financially, morally and/or otherwise liable for any damages or other consequences inflicted upon you;
  • Commercial Use Prohibition: use, in whole or in part, of SRG Platform for any purpose not expressly permitted by SRG Community LTD;
  • You undertake not to carry out any of the following actions, in whole or in part, under any circumstances:
    • Derivative works: copying or reproducing, translating into other languages, reengineering, extracting a source code, modifying, disassembling, decompiling or creating derivative works based on or related to SRG Platform;
    • Fraud: creating, using, offering, promoting, advertising, providing and/or distributing the following, or participating in such activities:
      • means of circumvention, i.e. methods that have not been expressly authorized by SRG Community LTD, which affect the operation of the SRG Loyalty Program and SRG Platform or offer you and/or any other User an advantage over other Users who do not use such methods;
      • automation of access to SRG Platform ("bots"), i.e. any code and/or software that has not been expressly authorized by SRG Community LTD to automatically control SRG Platform or any function of SRG Platform;
      • computer hacking, i.e. access to or modification of SRG Platform software in a manner not expressly authorized by SRG Community LTD; and/or any code and/or software not expressly authorized by SRG Community LTD which can be used in relation to SRG Platform and/or any component or function of SRG Platform to change the mode of SRG Platform operation, as well as other functions;
  • Cloud computing: use of SRG Platform in connection with any unauthorized third-party “cloud computing” services, services or software designed to enable unauthorized streaming or transferring SRG Platform content from a third-party server to any device;
  • Data retrieval: use of any unauthorized process or software that intercepts, collects, reads, or “retrieve” information generated or stored at the Platform; provided, however, that SRG Community may, at its sole and absolute discretion, allow using certain third- party user interfaces.
  • Unauthorized connections: facilitating, establishing or maintaining an unauthorized connection to SRG Platform, including, but not limited to, any connection to an unauthorized server that emulates or attempts to emulate SRG Platform; as well as any connection using third party software or tools which are not expressly authorized by SRG Community LTD;

  • Transfer: attempts to sell any copies of SRG Platform or its components or your rights to use SRG Platform, assign for temporary use or offer for lease, lend, pledge or otherwise transfer such Platform or its components to third parties, unless expressly authorized by this Agreement;
  • Use the Services for commercial purposes, including, but not limited to, advertising, or solicitation of services, or sending any commercial advertisements such as spam mailing, "chain letters;
  • Use the Services for purposes of a fraudulent or insulting nature, including, but not limited to, use of the Services to impersonate any person or entity or otherwise misrepresent your affiliation with an individual, entity or Services;
  • To disrupt the operation, overload, facilitate or contribute to disruption or overload of any computer or server that is used to provide or maintain the Services.
  • Attempts to get an unauthorized access to the Services, accounts registered with other users, as well as computers, servers or networks connected to the Services in any other way except the user interface provided by Rovio Corporation, including, but not limited to, circumvention or modification, or attempts to circumvent or modify, or encourage or assist another person to circumvent or modify any security system, technology, device, encipherment or software that is part of the Services;
  • To persist in undesirable behavior, such as reposting of unsolicited information;
  • Attempts to harass, abuse, or harm, or engage in any propaganda or incitement to harassment, abuse, or harm to another person, group of people, including employees, directors, officers, and the customer service representatives of SRG Community;
  • To provide any material or information via the Services that violate someone else's copyrights, rights to trademark, patent, trade secret, privacy right, publicity right or other rights of any person or entity, or falsely represent you to be another person like, including, but not limited to, an employee, a director or an officer of SRG Community;
  • To solicit or attempt to solicit Login Credentials or any other credentials, as well as personal information of other users of the Services;
  • To use web scraping, retrieve or collect by means of software tools any information about individuals who use the Services, including, but not limited to, use of pixel tags, cookies, GIF files or similar tools, sometimes also referred to spyware;
  • To publish non-public information about any person through the Services, including information/personal data which can be used to identify such person (whether in text, graphical or video form), identification documents or financial information;
  • To Participate in any activities that SRG Community finds inappropriate for the spirit or purpose of the Services, or unduly use support services of SRG Community;
  • Causing harm / Harassment: any conduct inflicting any harm to other Users or preventing them from using SRG Platform or disrupting the operation of SRG Platform in any way, including:
    • causing harm or contributing to harm in respect to any computer, mobile device used to maintain SRG Platform;
    • use of SRG Platform by any other User, except you;
    • harassment, “griefing”, abusive behavior or comments, abusive conduct intended to cause unreasonable inconveniences or interference during the use of SRG Platform by other Users, deliberate inactivity or disconnection, and/or any other activity that violates these TCU of SRG Community LTD.
    • law violation: use of SRG Platform in violation of applicable laws or regulations;
  • By using the Loyalty Program, the Platform and other SRG Services of Community LTD, you represent and warrant that you have the right, authority, and ability to enter into this Agreement and comply with all terms hereof.

ALL OF THE ABOVE AND ANY ATTEMPT BY YOU TO CAUSE MORAL, FINANCIAL, OR OTHER DAMAGE, OR TO INTERFERE WITH THE PROPER OPERATION OF THE LOYALTY PROGRAM AND SRG PLATFORM, MAY CONSTITUTE A VIOLATION OF CIVIL AND CRIMINAL LAW AND ARISE AN OBLIGATION TO COVER FINANCIAL DAMAGES.

2. Accountand Login Credentials

  1. Only you are authorized to use your Login Credentials or Account: login, password, nickname and any other information relating to your Account and your personal data to use your Account and other Services provided by SRG Community LTD.
  2. You agree not to provide your Login Credentials to any third party or allow using your Login Credentials to access the system or Account or to use any other third party Services provided by SRG Community LTD.
  3. You are solely responsible for the confidentiality of your Login Credentials and any use of such credentials. SRG Community LTD may assume that anyone who logs into your Account with your Login Credentials is either you or someone who has your permission.
  4. You are solely responsible for the confidentiality of your Login Credentials as detailed in clause 2.1 hereof and for the security of your computer system and/or any other device that you may use.
  5. SRG Community LTD is not liable for the use of your password and Account or for all communications and activities in the SRG Loyalty Program and SRG Platform resulting from your intentional transfer of your Credentials to a third party (clause 2.1) or your negligent use of your Credentials (clause 2.1) in violation of this confidentiality provision. If it is not caused by negligence or error on the part of SRG Community LTD, SRG Community LTD shall not be liable for the use of your account by anyone who has by fraud and without your permission used your Credentials (clause 2.1). If you believe that the confidentiality of your Account, user name and/or password might have been violated, you must immediately notify the support service of SRG Community at the address: support@srg-community.com

3. PrivateKey

  1. You are solely liable for the confidentiality of your private key and for the security of your computer system and/or any other device that you may use in case you keep the access key at your place. In case the private key has been entrusted to SRG Community LTD, SRG Community LTD is liable for its confidentiality.
  2. However, we cannot ensure the absolute security of your information, either online or offline, as the Internet is not inherently a secure environment and the nature of security risks constantly change. Therefore, you should always be careful when exchanging information on the Internet.

4. Installation, Use

  1. Installation. You agree that SRG Community LTD may install Additional Software on your hard disk within the scope of SRG Platform installation and from time to time within the term hereof.
  2. Use. If SRG Community LTD shall not provide you with a valid license and alphanumeric key to use and activate the Additional Software, you may not access, use, distribute, copy, display, reverse engineer, extract a source code, modify, disassemble, decompile, or create derivative works based on this Additional Software. If SRG Community LTD shall provide you with a valid license and alphanumeric key to use and activate the Additional Software, the use of this Additional Software is subject to the terms and conditions of this Agreement.

5. Consentto Monitoringand Data Collection

  1. While running, SRG Platform may monitor and collect statistical data on all User activities when working with the Loyalty Program, SRG Platform and other Services provided by SRG Community, to further improve their operation, interface and other Services and features provided by SRG Community to the User.
  2. While running, SRG Platform may monitor the memory of your computer or mobile device for unauthorized third party programs running concurrently with SRG Platform. An "unauthorized third party program" used herein shall be defined as any third party software prohibited by the provisions of section 1 (see above). In case an unauthorized third party program is detected, SRG Platform may transfer relevant information to SRG Community, including, but not limited to, the name of your Account, the details of the unauthorized third party program detected, the time and date and/or SRG Community may exercise any or all of its rights hereunder with or without prior notice to the User.

6. Third Party Services

SRG Community may link to third party websites or services of the Services. You should be aware that SRG Community makes no promises regarding any content, goods or services provided by such third parties. Nor SRG Community shall be liable to you for any loss or damage caused by such third parties. You shall be liable for any costs you may incur with respect to these third parties. When sharing data with third parties you should be aware that you share them in accordance with their privacy policy (if any) and you should understand that the Privacy Policy of SRG Community does not apply to such data.

7. Shoppingin Services

SRG Community does not directly sell in-game items, other things and activities sold by game developers - SRG Community partners. SRG Community LTD shall not be liable for purchases of in-game items made by the User, for the late provision of in-game items to the User. The Licensor (the Licensor is a game developer company, a partner of SRG Community) is responsible for the provision of in-game items, other things and activities bought by the User.

8. Privacy and Personal Data

Your privacy is important to us. Please carefully read the Privacy Policy of SRG Community LTD regarding the collection, processing and use of personal information.
 You can find the Privacy Policy of SRG Community LTD at the address: law@srg-community.com. You understand, acknowledge and agree that public communications in the Services provided by SRG Community LTD are not private or confidential and may be viewed and used by other users who access the Services of SRG Community LTD.

9. Content. Communication between the Users of the Services Provided by SRG Community

  1. The Services allow you to create content. In exchange for using the Services, you hereby grant SRG Community a non-exclusive, royalty-free, perpetual, irrevocable, fully transferable, and sublicensable international right and a license to use your content in any manner and for any purpose, including, but not limited to, the right to reproduce, copy, adapt, modify, perform, display, publish, broadcast, transmit, or otherwise disclose your Content to the public by any existing or future media without any further notice or compensation of any kind.
  2. Unless expressly prohibited by law, you hereby waive any moral rights of authorship, publication, reputation or attribution with respect to the use and application by SRG Community and other Users of your content posted by you on the SRG Platform and Services pursuant to applicable law. Such license granted to SRG Community and the foregoing waiver of any applicable moral rights shall survive the termination of these TCU.
  3. SRG Community, its directors, officers and employees shall not accept or consider any unsolicited ideas or product offerings (e.g., ideas in respect to the Loyalty Program, SRG Platform or other products provided by SRG Community) in any format transmitted by any means (the "Unsolicited Content").
 Do not send any Unsolicited Content to SRG Community or its directors, officers and employees. However, if you send us Unsolicited Content, you agree that such Unsolicited Content shall not be deemed confidential, regardless of what you state in the accompanying message. You also agree that such Unsolicited Content may be used and developed by SRG Community without compensation to you or to any third party and that you grant SRG Community a perpetual, non- exclusive, irrevocable, fully paid, royalty-free, sublicensable, transferable (in whole or in part), worldwide license to use, develop, reproduce, transmit, modify, display and demonstrate Unsolicited content in all existing or future media for any purposes, as well as to create derivative works based on the Unsolicited content.
  4. You understand and agree that SRG Community LTD may, at its sole discretion, store for viewing and delete any content that in opinion of SRG Community LTD violates this Agreement, or may be offensive, illegal, or may violate rights, cause harm, or threaten the security of other users or third parties.
  5. SRG Community LTD is not liable for the conduct of other users of the Services as well as for monitoring the Services for inappropriate content or conduct. SRG Community LTD does not and cannot carry out preliminary check or monitoring of all user content and behavior. You use the Services at your own risk.
  6. When using the Services, you may be subjected to the content or conduct that is offensive, indecent or otherwise inappropriate to your values. While you use the Services, SRG Community LTD may apply a technology to monitor and/or record your interactions with the Services or your communications (including, but not limited to, chat sessions). You irrevocably and unconditionally agree to such monitoring and recording. Accordingly, you agree not to expect confidentiality when transferring any content within the Services, including, but not limited to, chatting or voice communication.
  7. SRG Community LTD reserves the right, at its sole discretion, to review, monitor, prohibit, edit, delete, block or otherwise restrict access to the content provided by other users of the Services at any time without notice for any or no reason. If SRG Community LTD, at its sole discretion, decides to monitor the Services at any time, SRG Community LTD is not liable for the content provided by users of the Services and does not assume any obligation to modify or delete any inappropriate content.
  8. You are solely responsible for the content that you publish or display (hereinafter "publication") within the SRG platform. Below is a list of Content that is prohibited by SRG Community LTD. SRG Community LTD reserves the right to investigate and take appropriate legal actions, at its sole discretion, against anyone who violates this provision, including, but not limited to, deleting an offensive message from comments, feedback, and blocking the Account of such violators. Prohibited Content includes, but is not limited to, Content that:
    • is clearly offensive to the Internet community, e.g. content that promotes racism, bigotry, hatred or any physical harm against any group or individual;
    • pursues or defends the pursuit of another person;
    • involves mailing of "junk mail", "chain letters", or unwanted bulk mailing or "spamming";
    • is clearly offensive to the Internet community, e.g. content that promotes racism, bigotry, hatred or any physical harm against any group or individual;
    • distributes information that you know is defamatory, false, misleading, or promotes illegal activities or conduct that is offensive, threatening, indecent;
    • contains pages with a limited or a password-only access, or hidden pages or images (not linked to another available page);
    • publicly displays inappropriate content or material (including, for example, nudity, bestiality, pornography, violent scenes or criminal activity);
    • provides guidance on illegal activities, such as making or buying illegal weapons, violating someone's privacy or providing or creating computer viruses;
    • requests from other users passwords or personal information for commercial or illegal purposes;
    The list is not exhaustive.
  9. You must use SRG Loyalty Program, SRG Platform and other Services provided by SRG Community in accordance with the terms and conditions hereof and any applicable laws and regulations.
  10. To ensure the quality of the Services provided, your communications in SRG Community may be saved.
  11. SRG Community reserves the right to investigate and take appropriate legal actions, at its sole discretion, against anyone who violates this Section, including, but not limited to, deleting offensive content and deregistering such violators from the SRG Loyalty Program, the SRG Platform and other Services provided by SRG Community LTD.
  12. The Services of SRG Community LTD may contain hyperlinks to the sites of third parties, including advertisers and other content providers. These sites may collect data or personal information about you. SRG Community does not control such sites and is not liable for their content, privacy policies or collection, use or disclosure of any information that these sites may collect.
  13. SRG Community LTD does not check any third party content available for SRG Community or from other sources in respect to all content and services not originated by SRG Community. SRG Community is not liable for the content of such third parties.

10. Property Rights of SRG Community

SRG Community LTD is the owner or licensee of all rights of use, ownership and disposition relating to SRG Loyalty Program, SRG Platform and other Services provided by SRG Community. The Platform may contain materials licensed by third parties to the benefit of SRG Community LTD, and such third parties may enforce their rights against you if you violate the terms hereof. The following components of the Platform (which do not include content or components of the Licensors’ Games), are owned or licensed by SRG Community LTD:

  • all virtual content displayed in the Platform, including: visual components: artwork, structural design, animation, and audio-visual effects;
  • presentation: themes, concepts, stories;
  • all data and communications generated by, or located in the Platform;
  • all sounds, musical compositions, recordings, and sound effects that are relevant to SRG Platform;
  • a computer code, including (but not limited to the listed below) built-in "Applications" and a source code:
    • titles, methods of operation, software, related documents, and all other original works of authorship contained in the Loyalty Program and SRG Platform;
    • computer code, including (but not limited to the listed below) built-in Accounts including the Account name and any Tags associated with the Account. Any Account shall be used in the interest of SRG Community LTD and in accordance with this Agreement;
  • SRG Community LTD does not authorize any transfer of Accounts. You may not purchase, sell, or grant an Account, or offer to buy, sell, or grant any Account — any such attempt will be void and may result in the Account cancellation;
  • all moral rights relating to the Loyalty Platform and SRG Platform or other Services provided by SRG Community, derived from the Services of SRG Community LTD in particular, the right of authorship, as well as the right of integrity of certain original works of authorship;
  • the right to create derivative works; and, under this Agreement, you agree that you will not create any works based on the Loyalty Program and SRG Platform as well as other services provided by SRG Community LTD, except as expressly provided for in this Agreement or otherwise authorized by SRG Community LTD in the relevant policies, Privacy Policy for Users of SRG Community LTD in respect to the Loyalty Program and SRG Platform, and other services provided by SRG Community LTD.

11. Suspension and Termination due to your Violation

Without restriction to any other remedies available to SRG Community LTD, if SRG Community LTD believes that you violate these TCU, it reserves the right to take any of the following actions, alone or in combination with other actions, with or without any notice: delete, suspend, and/or change your Account or part thereof; restrict, suspend, and/or terminate access to the Services.

12. Availability of the Services

SRG Community LTD may restrict, suspend or terminate your access to the Services or any part thereof, and may take technical and legal measures to prevent users from accessing the Services, if SRG Community LTD believes that users create a risk or possible legal obligations when violating intellectual property rights of third parties or acting in non-conformity with the letter or spirit of these TCU.

SRG Community LTD reserves the right to discontinue providing and/or maintaining the Services or any part thereof at any time, whereupon your license to use the Services or any part thereof will be automatically terminated. In such a case, unless otherwise stipulated by applicable law, SRG Community LTD is not obligated to provide any monetary compensation in connection with such discontinued Services.

13. Disclaimer

To the full extent permitted by applicable law, the Services are provided to you "AS IS" without any warranty of quality, representations or warranties of any kind. They may have flaws and you use them only at your own risk. SRG Community LTD makes no representation and hereby waives any and all express, implied, or contractual warranties, stipulated by law, including implied warranties of condition, uninterrupted use, data accuracy (including, but not limited to, location data), merchantability, satisfactory quality, fitness for any particular purpose, non-observance of third party rights, and contractual warranties (if any) arising in the course of trading, use or commercial practice. SRG Community LTD shall not ensure non-interference with your right to use the Services; compliance of the Services with your requirements; an uninterrupted or error-free operation of the Services; interoperability or compatibility of the Services with any other Services; or any error recovery of the Services. No oral or written advice provided by SRG Community LTD, its employees or other representatives shall be deemed a contractual warranty.

Disclaimers similar to those set out above are not allowed by some jurisdictions; the above conditions may not therefore apply to you. Instead, with reference to such jurisdictions, the above disclaimers shall be applied only to the extent permitted by laws of such jurisdictions. In addition, you may have additional legal rights in your jurisdiction, and the provisions set forth in these TCU must not infringe those rights that you may have as the Services user.

14. Liability Limitation

Under no circumstances shall SRG Community be liable for special, incidental or consequential damages arising out of your access, use or malfunction of the Services, including, but not limited to, property damage, damage to reputation, failure or malfunction of a device and, to the extent permitted by law, reimbursement for physical injury, property damage, lost profit or exemplary damages arising out of or resulting from any claim cause relating to these TCU or Services, regardless of whether they incur in connection with the agreement or tort (including negligence), strict liability or otherwise, and whether SRG Community has been notified or not of such possible damages. In the context of Article 12 "Liability Limitation", licensees of SRG Community LTD and other partners are third party beneficiaries in respect to liability limitations set forth herein and may require you to comply with these TCU.

In any case, the total aggregate liability of SRG Community relating to or arising out of these TCU in terms of Confidentiality provisions or the Services may not exceed the actual price (if any) you paid for the license to use Virtual Objects or one hundred euros (100 euros). Exclusion and limitation of compensation for damages is a fundamental element of the basis of the agreement between SRG Community LTD and you.

Certain limitations of liability similar to those set out above are not allowed by some jurisdictions; the above conditions may not therefore apply to you. Instead, with reference to such jurisdictions, the above limitations of liability shall be applied only to the extent permitted by the laws of such jurisdictions. In addition, you may have additional legal rights in your jurisdiction, and the provisions set forth in these TCU may not infringe those rights that you may have as the Services user.

You agree to indemnify, defend, and secure SRG Community LTD (and its officers, directors, agents, subsidiaries, joint ventures, and employees) against any claims, demands, damages or other losses, including reasonable attorneys' fees presented by a third party arising out of or resulting from your use of the Services or any breach of these TCU by you; however the foregoing does not apply unless the third party's claim relates to your intentional or negligent breach of these TCU by you; however, the foregoing shall not apply to a third party's claim if it is not related to your intentional or negligent conduct.

15.Copyright and Digital Millennium Copyright Act (DMCA)

  1. If you believe that the Services or any of their content infringe your copyright, please send a notification via e-mail at law@srg-community.com. Notifications sent to this address will be received by a DMCA registered representative of SRG Community LTD.
  2. The notification on DMCA shall include:
    1. Identification of a copyrighted work, the copyright for which you believe has been infringed upon. If your notification on DMCA refers to more than one work, you can provide a representative list of such works.
    2. Identification of the material that infringe your right pursuant to your application, including details on the location of this material. Your details shall be reasonably sufficient for SRG Community LTD to find this material.
    3. Please indicate your full legal name, mailing address, phone number and (if available) e-mail address.
    4. Include the following statement in the main text of notification on DMCA:
      1. “I sincerely believe that the material use is not authorized by the copyright owner, its representative or law. I hereby declare that the information in this DMCA notification is accurate and I hereby declare under penalty of perjury to be a copyright owner or to be authorized to act on behalf of the copyright owner.”
      2. Please note that under Title 17 of the United States Code 512(f), if you knowingly materially misrepresent that material or activity is infringing, you shall be liable for any damages, including costs and attorneys’ fees, incurred by our users or us. If you are unsure that the material or activity you notify of is infringing, you may contact a lawyer before submitting a notification to SRG Community LTD.
  3. SRG Community LTD shall not be liable for the content posted by our users.

16. Equitable Remedies

You hereby acknowledge that SRG Community LTD will incur irreparable losses as a result of your failure to implement or comply with this Agreement, and therefore you agree that we have the right, without collateral or other security as well as without any evidence of the loss incurred, to seek equitable remedies for a breach of the Agreement in addition to other remedies available to us pursuant to applicable law.

17. Changes to these TCU

  1. Notwithstanding Article 8 "Mandatory Arbitration/Rejection of Class Actions", SRG Community may from time to time amend these TCU with reference to changes in legal, technical or commercial conditions. When amending these TCU, SRG Community LTD will take appropriate measures to notify you through the Services or otherwise of any changes made to TCU by SRG Community LTD in terms of their importance.
  2. When accessing or using the Services after the changes will come into effect, you agree that the amended TCU are binding for you and you shall comply with them.

18. Applicable law

  1. If you are a resident of the United States or your place of residence is outside the United States, you agree that any dispute arising between you and SRG Community LTD shall be governed by the laws of Great Britain, notwithstanding the provisions of conflict of laws. You agree that any claim or dispute against SRG Community LTD that you may bring, shall be resolved exclusively by the court, located in the city of London, Great Britain country.
  2. If SRG Community LTD is prohibited by your domicile jurisdiction to enforce the provisions of applicable law, nothing in these TCU shall restrict your rights derived from the laws applicable at your place of residence.

19. Agreement Term

This Agreement is effective from the date you create your Account and will remain in full force and effect as long as you use the Services of SRG Community. In case SRG Community LTD decides to discontinue providing the Platform or to grant a license for the Platform to any third party, SRG Community LTD shall notify you no later than three (3) months before doing so. The method of notification is determined by SRG Community LTD (e.g. posting information on a web site and/or placing information in a mobile application or other means).

20. Agreement Termination

  1. You are entitled to terminate this Agreement for any legitimate reason as may be specified by the applicable law or the relevant court decision, subject to prior written notice by mail to: SRG Community LTD, law@srg-community.com
  2. In case you violate the provisions hereunder and/or the Privacy Policy, SRG Community is entitled to terminate this Agreement, block the access to the Loyalty Program, SRG Platform, and other Services provided by SRG Community LTD without prior notice.

  3. In case this Agreement is terminated, your right to access and use the Loyalty Program, SRG Platform and other Services provided by SRG Community LTD will be abrogated.

21. Transfer of Rights, Severability and the Entire Agreement

SRG Community LTD may transfer its rights, in whole or in part, under these TCU to any person or entity at any time with or without your consent. You may not transfer or delegate any rights or obligations under these TCU and/or the Privacy Policy without the prior written consent of SRG Community LTD, and any unauthorized transfer or delegation made by you shall be void.

If any provision of these TCU is determined to be void or unenforceable, such a provision will be limited or excluded to the minimum extent necessary, and the remaining provisions hereof shall remain in full force and effect. A waiver to enforce any right or to comply with any provision of these TCU by SRG Community shall not be deemed a waiver of such right or provision.

These TCU and the Privacy Policy together constitute the entire agreement between you and SRG Community LTD in respect to the Services provided by SRG Community LTD and supersede all prior agreements and arrangements between you and SRG Community LTD.

Any wavier by SRG Community LTD to use or enforce any of its rights hereunder shall not affect its right to enforce such right. Any waiver of such rights will be effective only if made in writing and signed by the authorized representative of SRG Community LTD.

If you have any questions about these TCU, please contact us at the email address: law@srg-community.com