General Terms and Conditions

1.0 Introduction

These General Terms and Conditions set out the terms and conditions and are part of each agreement between you, the customer, and SubliminalSpace.com and its owner (henceforth also referred to as “us”, “we”, “our”, “provider”), as well as their legal successors. Our terms and conditions, terms and conditions of sale and terms of service are all combined in what we call General Terms and Conditions. These General Terms and Conditions are governing the use of our website and all the services we provide, including our downloadable digital products (applies to all our digital products, including the directly downloadable content on our website and the downloadable content we provide to you via download-link after your purchase) with all content therein. The terms “service”, “product” or “offer” can be used interchangeably, depending on the context. Your use of our website, and/or purchase, download and use of our products and/or utilizing our services, constitutes your full acceptance of these General Terms and Conditions. If you do not agree with these General Terms and Conditions, you should not use our website or purchase, download or use any of our products or services. We render all of our offers exclusively based on these General Terms and Conditions and the validity of these General Terms and Conditions include all of our offers.

2.0 License and Use

Your purchase of one or more of our products or commissioning one or more of our services for a custom made product or information constitutes our granting to you of a non-exclusive, non-sublicensable, non-transferable license to download, access and use that product or information for the purpose of your own personal use and reference. You agree that under no circumstances shall you use, or permit to be used, any product or information other than for the aforesaid purpose. For the avoidance of doubt, you shall not copy, re-sell, sublicense, rent out, share or otherwise distribute any of our products, services or information, whether modified or not, to any third party. You agree not to use any of our products, services or information in a way which might be detrimental to us or damage our reputation.

3.0 Intellectual Property

The products and information, whether modified or not, and all intellectual property and copyright contained therein, are and shall at all times remain our sole and exclusive property. You agree that under no circumstances, whether the product has been modified or not, shall you have or attempt to claim ownership of any intellectual property rights or copyright in the product.

4.0 Refunds and Chargebacks

Once a product has been purchased by you, you have no right of cancellation or refund due to the electronic nature of our products. Once a service is agreed upon by both parties (you and us), you have no right of cancellation or refund, if we have already put any work into fulfilling/providing the requested service. Any refunds shall be at our sole and absolute discretion. You agree that under no circumstances whatsoever shall you initiate any chargebacks via your payment provider. You agree that any payments made by you for any of our products are final and may not be charged back. We reserve the right to alter any of our prices from time to time. We reserve the right to cancel your purchase and/or the service request/agreement/purchase made by you and fully refund you without any reason or further explanation.

5.0 Products, Services and Prices

1.) We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us.

2.) We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

3.) Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

4.) The prices are valid as specified on our internet site at time of the order. The purchase price becomes due with the conclusion of the contract immediately without deduction. The payment of the purchase price takes place at your option by means of the payment methods which are indicated during the ordering process.

6.0 Warranties and Liability

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected. We make every effort to ensure that our products/services are fit for the use of our customers. However, we take no responsibility whatsoever for the suitability of the product or the service or information, and we provide no warranties as to the function or use of the product or service or information, whether express, implied or statutory, including without limitation any warranties of compatibility with any electronic device or playback capability of those or fitness for particular purpose.

For further clarification:
We do not make any promises or claims that our digital products (e.g. sound-frequency or subliminal audio) will show any results you might expect, whether related or non-related to the description or our description, presentation or supposed ‘intention’ of the product, or have any effect at all. All of our offers (e.g. services, products) are for entertainment purposes only.
What then is our true ‘intention’ for our offers?
-> We believe that the power to make changes in the body or mind of any person lies in the individual person’s body/mind itself. We consider the products/services we provide, on this internet presence or elsewhere, merely as a tool for people to help them focus on their desired changes/goals. Our products/services are not meant as a promise, claim or treatment of any kind.

You agree to indemnify, defend and hold us and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless against all liabilities, claims, demands, expenses, actions, costs, damages, or loss arising out of your breach of these General Terms and Conditions. Furthermore, we shall not be liable to you or any party for consequential, indirect, special or exemplary damages including but not limited to reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party, as well as damages for loss of profits, business or anticipated benefits whether arising under tort, contract, negligence or otherwise whether or not foreseen, reasonably foreseeable or advised of the possibility of such damages.

7.0 Disclaimer

7.1 Health Disclaimer

1.) The services, programs and digital products (e.g. audio files containing subliminals, affirmations, various sounds) we offer are for entertainment use/purposes only. We do not make any claim of medical value, usage, intended usage, cure or replacement for medical attention from an appropriate medical professional for any of services, programs and digital products we offer. By purchasing/downloading/testing or using these programs/services/products, you agree that you understand these programs/services/products are not designed to serve as a replacement for medical treatment or diagnosis, nor are they intended to be or act as a cure for anything. If you think you have a medical problem, you should consult with your doctor. You are advised to consult with the appropriate physical, mental or emotional medical professional before using any subliminal or hypnosis audio or any other program/service/product we offer.

2.) Please do use our products/programs/services (e.g. do not listen to audio) while performing potentially dangerous tasks/activities (eg. driving).

3.) Please note that listening to sounds at unreasonable levels may cause physical damage to your ear, which can affect or damage your hearing. This holds especially true for when listening to ultrasonic audio, or high pitched sounds in general – these kinds of audio/sounds are used in many of our programs/services/products (e.g. subliminal audio files). You accept full responsibility for the results of using these programs/services/products (e.g. audio/sounds) in any unreasonable or inappropriate manner, including (but not limited to) listening to ultrasonic audio on headphones, in-ear headphones, or any other headset, or by listening too loud ultrasonic audio over speakers.

If you think you have a medical emergency, including issues with hearing, call your doctor or the emergency phone number for your country immediately (e.g. 112 in Europe and parts of Asia, 911 in the USA). Do not rely on electronic communications or communication through this website for immediate, urgent medical needs. This website is not designed to facilitate medical emergencies or any medical advice at all.

8.0 Third Parties and Third-Party Links

Certain content, products and services available via our Website and Services may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

9.0 Third-Party Tools and Optional Tools

1.) We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. These include, but are not limited to, the payment options provided, such as PayPal, PayPal Buy Now Button, Stripe and Klarna. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. However, all purchases are safely encrypted with SSL encryption.

2.) Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). You can find this information before confirming a purchase through such a service, or on the websites of the respective service providers. For your convenience only, without any guarantee for validity, up-to-dateness or applicability for your country, you can also find a summary of their payment terms in the text below (“Payment Methods and Terms Overview”). The legally binding terms for use of these services are always the ones provided by the them and not the ones provided by us for your convenience.

3.) We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

9.1 Payment Methods and Terms Overview:

9.1.1 Klarna:

Links to full, updated, applicable texts (also specified texts for different countries):

https://developers.klarna.com/documentation/klarna-payments/legal-privacy/eu/#terms-and-conditions

http://cdn.klarna.com/1.0/shared/content/legal/terms/Klarna/en_gb/checkout/

Summary text (for your convenience):

“In cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer you the following payment methods. Payment is to be made to Klarna.

  • Pay in [14] days: The payment period is 14 days from shipment of the goods or tickets/ availability date of the service. You can find the complete terms and conditions for the markets where this payment method is available here: United Kingdom , Germany , Sweden , Norway , Denmark , Finland , Austria , Switzerland and the Netherlands .

  • Financing: With the financing service from Klarna you can pay your purchase in flexible or fixed monthly instalments according to the conditions stated in the checkout. The instalment payment is due at the end of each month after submission of a separate monthly invoice by Klarna. Further information regarding Slice It including terms and conditions and Standard European Consumer Credit Information you can find here for the markets where this payment method is available: Austria , the United Kingdom , Germany , Sweden , Norway , Denmark and Finland .

  • Direct bank transfer: Available in Germany, Austria, Belgium, Italy, Spain, Poland and the Netherlands. Your account will be debited directly after placement of your order.

  • Direct Debit: Your account will be debited after shipment of the goods or tickets/ availability date of the service ​or in case of a subscription in accordance with the timelines communicate​d. You will be notified about the date(s) by email.

  • Card Payments: Available in Sweden, Germany and Austria. The amount will be reserved on your card and will be debited after shipment of the goods or tickets/ availability date of the service. In case of a subscription the amount will be debited in accordance with the timelines communicated.

The payment methods Pay in [14] days, Slice It and direct debit are only available in case of a positive credit assessment. For this purpose, during the order process and handling of your purchase, we forward your data for an address and credit check to Klarna. We can only offer you the payment methods available based on the result of the credit check. General information about Klarna and the user terms per country can be found on klarna.com . Your personal data is handled in accordance with applicable data protection law and in accordance with the information in Klarnas privacy statement.”

9.1.2 Stripe

Links to full, updated, applicable texts (also specified texts for different countries):

https://stripe.com/payment-terms/legal

Summary text (for your convenience):

“Payment Terms:

Last updated: April 25, 2018

Payment Terms are terms that apply to the use of Payment Methods. You can decide whether or not to use a Payment Method. However, if you use a Payment Method, you accept and agree to the terms applicable to that Payment Method, which will form part of your agreement with Stripe.

Payment Methods

The above list is not an exhaustive list of the Payment Methods offered by Stripe, and there are Payment Methods for which there are no separate Payment Terms.

Payment Method availability also varies by geography. Depending on your location, you may not be able to use one or more of the Payment Methods listed above (or that are otherwise offered by Stripe). The Payment Methods available to you are set out in your Stripe dashboard.

Amendments and changes

Payment Methods are sourced from various providers, and each provider controls the terms that apply to its Payment Method. As a consequence, the terms and Documentation applicable to a Payment Method are subject to change at any time, and it is your responsibility to periodically review the terms and Documentation in order to ensure that you are aware of, and comply with, the applicable requirements.

Stripe may add or remove Payment Methods at any time. If Stripe removes a Payment Method, Stripe will provide you with notice prior to the removal becoming effective for you, except where Stripe is required by a third party (such as the Payment Method provider) to cease offering the payment method.

Redirection to online banking pages

Some Payment Methods require the re-direction of the Customer to an online banking page (“Online Banking Payment Methods”). If you use an Online Banking Payment Method, you must ensure that the Customer is able to recognize that the re-direction has occurred via the display of the bank’s URL in the address line of the browser, and the Customer must be able to review the security certificate for the bank’s online banking page. In addition, you may not use any iframes (or any other method that integrates the online banking page within your site content) when including an Online Banking Payment Method in your payment process.”

9.1.3 Paypal:

Links to full, updated, applicable texts (also specified texts for different countries):

https://www.paypal.com/gn/webapps/mpp/ua/useragreement-full

https://www.paypal.com/de/webapps/mpp/ua/useragreement-full?locale.x=en_DE

https://www.paypal.com/us/webapps/mpp/popup/about-payment-methods

Summery text (for your convenience):

“…

1. Payment Services and Eligibility

1.1 Payment Services. PayPal is a payment services provider and acts as such by creating, hosting, maintaining and providing our PayPal Services to you via the Internet. Our services allow you to send payments to anyone with a PayPal Account, and, where available, to receive payments. Our service availability varies by country/region. We offer services in compliance with local laws and regulations. Click here to see which services are available in your country/region of residence.

PayPal is not a remittance business or a money transfer service and the Personal Payments feature may not be used to remit funds to third parties.

We do not have any control over, and are not responsible or liable for, the products or services that are paid for with our PayPal Service. We cannot ensure that a buyer or a Seller you are dealing with will actually complete the transaction.

PayPal is not a common carrier or public utility.

1.2 Eligibility. To be eligible to use the PayPal Services, you must be at least 18 years old or higher based on the age of majority in your jurisdiction, and a resident of one of the countries listed on the PayPal Worldwide page.

You must list your correct country/region of residence in your Account. This Agreement applies only to Users who are residents of one of the countries listed in Section 1.1 above. If you are a resident of another country/region, you may access the agreement that applies to you from our website in your country/region.

1.3 Information. In order to open and maintain an Account, you must provide us with correct and updated Information.

  1. Your contact information. It is your responsibility to keep your primary email address up to date so that PayPal can communicate with you electronically. You understand and agree that if PayPal sends you an electronic Communication but you do not receive it because your primary email address on file is incorrect, out of date, blocked by your service provider, or you are otherwise unable to receive electronic Communications, PayPal will be deemed to have provided the Communication to you effectively. Please note that if you use a spam filter that blocks or re-routes emails from senders not listed in your email address book, you must add PayPal to your email address book so that you will be able to view the Communications we send to you.

    You can update your primary email address or street address at any time by logging into the PayPal website. If your email address becomes invalid such that electronic Communications sent to you by PayPal are returned, PayPal may deem your Account to be inactive, and you will not be able to transact any activity using your PayPal Account until we receive a valid, working primary email address from you.

  2. Identity Verification. You authorize PayPal, directly or through third parties, to make any inquiries we consider necessary to validate your identity. This may include asking you for further information or documentation, requiring you to provide a taxpayer or national identification number, requiring you to take steps to confirm ownership of your email address or financial instruments, ordering a credit report or verifying your Information against third party databases or through other sources.

  3. Credit Report Authorization. If you open a Business Account, you are providing PayPal with your written instructions and authorization in accordance with any applicable law to obtain your personal and/or business credit report from a credit bureau. You are also authorizing PayPal to obtain your personal and/or business credit report: (a) when you request certain new products, or (b) at any time PayPal reasonably believes there may be an increased level of risk associated with your Business Account.

  4. Updates to Information. If your credit card number or expiration date changes, we may update it without any action on your part and we may acquire such updated information from a third party including our financial services partner, the card networks, and your bank or card issuer. If you do not want us to update your card information, you may contact your issuer to request this or remove your Payment Method from your PayPal Account. If we update your Payment Method, we will keep any preference setting attached to such Payment Method.

1.4 Beneficial Owner.

You must be the beneficial owner of the Account, and conduct business only on behalf of yourself.

1.5 Presentation of PayPal

You agree to provide equal treatment to PayPal and/or other payment methods or marks you offer at your points of sale (e.g. websites or mobile applications). This includes at least equal or substantially similar: logo placement, position within any point of sale, and treatment in terms of payment flow, terms, conditions, restrictions, or fees, in each case as compared to other marks and payment methods at your points of sale.

In representations to your customers or in public communications, you agree not to mischaracterize PayPal as a payment method or exhibit a preference for other payment methods over PayPal. Within all of your points of sale, you agree not to try to dissuade or inhibit your customers from using PayPal or encourage the customer to use an alternate payment method. If you enable your customers to pay you with PayPal, whenever you display or exhibit the payment methods that you accept (either within any point of sale or in your marketing materials, advertising and other customer communications) you agree to display the PayPal payment marks at least as prominently, and in at least as positive a manner, as you do for all other payment methods.

2. Sending Payments

2.1 Sending Limits. We may, at our discretion, impose limits on the amount of payments you can send through the PayPal Services. You can view your sending limit, if any, by logging into your Account. If you have a Verified Account, we may increase your sending limits.

2.2 Default Payment Methods. When you make a payment, if you have not selected a Preferred Payment Method, PayPal will fund your transaction in this order (subject to availability based on your Payment Methods and country/region of registration):

  1. Balance

  2. Instant Transfer from your bank account

  3. Debit card

  4. Credit card

  5. eCheck

In certain countries, You may be able nominate a Preferred Payment Method in your Account Profile or select a Preferred Payment Method each time you make a payment, except for a Preapproved Payment.

For a Preapproved Payment in these countries, you can select a Preferred Payment Method when you provide your initial authorization for this payment and through the My Preapproved Payments section of your Account Profile.

PayPal may limit the Payment Methods available for a transaction. Some Payment Methods may not be available in certain circumstances, including:

  • American Express may not be available as a Payment Method for certain merchants, such as branded airlines and certain travel merchants;

  • Some credit cards may not be available as a Payment Method for certain merchants, such as those in the gambling industry; and

  • Credit cards cannot be used to send Personal Payments or to top up your PayPal balance.

If the Preferred Payment Method fails (for example, a credit card or debit card expires) and your PayPal account cannot complete a transaction, it may be used again to try to complete the transaction. If the Preferred Payment Method in your PayPal account cannot complete a transaction after repeated attempts, each of the other payment methods available in your PayPal account may be used to try to complete the transaction.

2.3 Cards as Payment Methods. By adding a debit card or credit card as a Payment Method, you are providing PayPal with continuous authority to automatically charge that card to obtain the relevant funds when the card is used as a Payment Method pursuant to this Agreement. You can stop the continuous authority in respect of any card by removing that card as a Payment Method in your Account Profile.

2.4 Preferred Payment Method. You may select a Preferred Payment Method each time you make a payment, except for a Preapproved Payment or a No Log-In Payment.

For a Preapproved Payment and, in most instances, a No Log-In Payment, you can select a Preferred Payment Method when you provide your initial authorization for this payment and through the My Preapproved Payments section of your Account Profile.

If eCheck is your Preferred Payment Method, it will be used to fund your PayPal payment, even if you have a balance.

2.5 Refused and Refunded Payments. When you send a payment, the recipient is not required to accept it. Any unclaimed, refunded or denied payment will be returned to your balance or to your original Payment Method. We will return any unclaimed payment to you within 30 Days of the date you initiated the payment.

When you send a payment online using PayPal and the transaction is ultimately refunded, the money will be refunded to the original payment method you used for the transaction if you used a debit card, credit card or PayPal balance. If you used a bank account as the payment method for the transaction, we will refund the money to your bank account, or to your PayPal balance if we cannot refund it to your bank account.

When you buy something from a seller using PayPal that required a currency conversion and a refund is issued by the Seller using PayPal:

  • Within 1 day of the date of the original payment, the transaction exchange rate used at the time of the original payment will apply.

  • Beyond 1 day of the date of the original payment, the transaction exchange rate (including the applicable currency conversion fee as set out in section 4 of Exhibit A) on the date of the refund will apply.  The transaction exchange rate may be applied immediately and without notice to you. This means that you may not receive the full amount of your original payment due to the fees above and fluctuations in currency conversion rates.

2.6 Merchant Processing Delay. When you send a payment to certain Merchants, you are providing an Authorization to the Merchant to process your payment and complete the transaction. The payment will be held as pending until the Merchant processes your payment. Some Merchants may delay processing your payment. In such an instance, your Authorization will remain valid for up to 30 Days. If your payment requires a currency conversion, the exchange rate will be determined at the time the Merchant processes your payment and completes the transaction.

2.7 Preapproved Payments. A Preapproved Payment is a payment in which you Authorize a Merchant to directly charge your Account on a one-time, regular, or sporadic basis. Preapproved Payments are sometimes called “subscriptions”, “recurring payments”, “preauthorized transfers” or “automatic payments”. Within two (2) Business Days of any Preapproved Payment made from your Account, you will receive a confirmation of this transaction by email.

  1. Notice for Certain Preapproved Payments. If a Preapproved Payment will vary in amount and is made using an Instant Transfer, eCheck, debit card Payment Method or your PayPal balance, you have the right to advance notice of the amount and date of the transfer from the Merchant at least 10 Days before the transfer is made. If the Merchant provides the option, you may choose to receive this advance notice only when the amount of your Preapproved Payment will fall outside a range established between you and the Merchant. This notice is designed to protect you from having insufficient funds in your bank account to cover the Preapproved Payment.

2.8 Stopping a Preapproved Payment. You may stop a Preapproved Payment at any time up to 3 Business Days prior to the date the next payment is scheduled to be made by notifying PayPal. To stop a Preapproved Payment, access the “My Preapproved Payments” section of your Account Profile and follow the links to stop the payment. You may also stop a Preapproved Payment by calling PayPal at 1-402-935-2050 (in the U.S.). Once you contact PayPal to stop a Preapproved Payment, all future payments under your agreement with the Merchant will be stopped. If you stop a Preapproved Payment you may still be liable to the Merchant for the payment or for other penalties under the terms of your agreement with the Merchant and you may be required to pay the Merchant through alternative means. We will be liable for your losses or damages directly caused by our failure to stop any Preapproved Payment if you have followed the instructions in this section to notify us.

3. Eligibility for Use.

3.1 Ability to Receive Payments. The ability to receive payments varies by country/region. To determine whether you have the ability to receive payments, click here.

PayPal may allow anybody (with or without a PayPal Account) to initiate a payment to your Business Account. By integrating into your online checkout/platform any functionality intended to enable a payer without an Account to send a payment to your Business Account, you agree to all further terms of use of that functionality which PayPal will make available to you on any page on the PayPal or Braintree website (including any page for developers and our Legal Agreements page) or online platform. Such further terms include the PayPal Alternative Payment Methods Agreement.

3.2 Automatic Transfer Countries. If you are a resident of an Automatic Transfer Country, then you have the ability to receive payments but you must withdraw the full amount of your payment through an available withdrawal method. If you do not do so, the amounts will be automatically withdrawn from your Account to your withdrawal method on a regular basis. For additional terms regarding Automatic Transfer, please click here.

3.3 Liability for Invalidated Payments. When you receive a payment, you are liable to PayPal for the full amount of the payment sent to you plus any Fees if the payment is later invalidated for any reason. This means that, in addition to any other liability, you will be responsible for the amount of the payment sent by the sender, plus the applicable Fees listed in Exhibit A (Fees) of this Agreement if you lose a Claim or a Chargeback, or if there is a Reversal of the payment.

You agree to allow PayPal to recover any amounts due to PayPal by debiting your balance. If there are insufficient funds in your balance to cover your liability, you must reimburse PayPal through other means. If a sender of a payment files a Chargeback, the card issuer, not PayPal, will determine who wins the Chargeback.

3.4 No Surcharges. You agree that you will not impose a surcharge or any other fee for accepting PayPal as a payment method without our prior written consent. You may charge a handling fee in connection with the sale of goods or services, as long as the handling fee is not higher than the handling fee you charge for non-PayPal transactions.

3.5 Receiving Personal Payments. If you are selling goods or services, you may not ask the buyer to send you a Personal Payment for the purchase.

3.6 Preapproved Payments and/or No Log-In Payments. If you receive Preapproved Payments and/or No Log-In Payments you must receive your buyer’s Authorization to the payment amount, frequency and duration prior to submitting the payment.

3.7 Micropayments for Digital Goods. To qualify to receive Micropayments for Digital Goods, you must submit an application, be approved by us, and have an Account in good standing. By applying for Micropayments for Digital Goods, you agree that for Digital Goods transactions you receive up to the amounts in the table below, then if a buyer opens a Dispute, PayPal may reverse the transaction, and remove the funds from your Account without requiring the buyer to escalate the Dispute to a Claim…”

10.0 Conditions of use

1.) Until all claims regarding the purchase including payment of the purchase price are fulfilled, we reserve the full ownership of the sold products.

2.) We grant you a non-exclusive right of use for the products that you have purchased from us. According to § 31 II of copyright law (UrhG), holder of a general right of use is who was given the right to transfer the work in an arranged way by the author of the work. In case of a purchase of a non-embodied product, this usage right is not transferable (see §10.6).

3.) In case of the download of products, you are entitled to save these data on a storage location on the computer/device which has been used for the download. You are also allowed to copy these data on one mobile device of their choosing.

4.) You are furthermore entitled to create a copy of the products purchased from us for the purpose of creating a backup.

5.) Any commercial usage of our products are forbidden. The distribution and duplication of the products are especially prohibited. The creation of a backup copy according to point 4 of these Conditions of use (of these General Terms and Conditions) does not come under this prohibition.

6.) Our products may not be used on devices belonging to anyone other than you, the customer that purchased them. The only exception are gifts, but in this case the customer themselves is not allowed to use the products anymore and has to delete the product/files from their devices.

7.) A resale of the products purchased from us is only permitted if you receive these as an embodied item from us. This implies that products which we are only offering as downloads may not be resold from you to third parties. In case of the existence of an inherent eligibility to resell, the resale may only take place once on behalf of you. Should a backup copy of the product exist or should the product be installed on a computer, these need to be deleted before the resale to a third party.

8.) Any changes to the products sold by the provider are forbidden. This in particular applies to decompiling (retranslation of the entrusted program code into other code configurations) of the source code of the software.

11.0 Personal Information

Your submission of personal information through the store is governed by our Privacy Policy. Click here (or the link below) to view our Privacy Policy.

https://subliminalspace.com/privacy

12 Registration

1.) Requirement for the utilization of services we offer is the registration in accordance with the regulations according to the default procedure of this online presence.

2.) You obligated to supply the required data in the context of the registration truthfully and completely as far as it is not marked as voluntary information.

3.) We establish an account for you after your successful registration which functions as a means to purchase and process products we offer. A license agreement is concluded by registering a customer account. This license agreement is independent of the utilization of the offered services.

4.) Both you, the customer and we, the provider may terminate the account at any time without adhering to a deadline and without assigning reasons for the termination.

5.) The account cannot be transferred from you to third parties.

14.0 Obligations of the customer

1.) You are obliged to store the personal access data for his account as well as the necessary data to use the products/services from us in a secure way so that third parties can not gain access to these.

2.) Copyright mentions as well as other references to trademark rights may neither be removed nor changed.

15.0 Breaches of duty by the customer

1.) You are obliged to compensate us for any loss that may result from the violation your obligations as the customer according to these General Terms and Conditions.

2.) In case that third parties enforce a claim against us due to a violations of your obligations, you are obliged to release us from these at first request. You have to bear the costs for a necessary legal representation of us including all court and lawyer’s fees as far as they are appropriate. In case of an utilization by other users or third parties, the user is obliged to give us all available information which are necessary for an examination of claims and a legal defense immediately. Further claims for compensation of us against you remain unaffected.

3.) The regulations described in the points 1.) and 2.) of this section (Breaches of duty by the customer) of these General Terms and Conditions do not apply if the violation of the obligations is not attributable to the fault of the customer.

16.0 General

1.) Our presentation of products, especially in brochures, adverts and on this online presence, does not yet constitute a binding offer from us but merely a prompt for the submission of a bid.

The agreement between us and you (the customer) results from the submission of a bid by the customer and

a) the individual acceptance of a contract in written form by us

b) conclusively by rendering the services you requested.

An order confirmation that is sent to you automatically by email does not yet constitute an acceptance of a contract on behalf of us. It only serves to inform the user that we received their order.

2.) We are entitled to adopt measures to identify the customer as well as to examine the data provided during the registration process after the submission of a bid. For that purpose, we are, among other things, entitled to request you to send a copy of his valid identity card as well as to contact you by phone or to provide other means of identification/verification.

We reserve the right to refuse service to anyone for any reason at any time.

3.) You understand that your content (not including payment information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

4.) You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

5.) The design, text formatting and headings used in this agreement are included for convenience only and will not limit or otherwise affect these General Terms and Conditions.

6.) These General Terms and Conditions constitute the entire agreement and understanding between you and us for the supply of our products and services, and shall supersede any prior agreements whether made in writing, orally, implied or otherwise. Our failure to exercise or enforce any right(s) under these General Terms and Conditions shall not be deemed to be a waiver of any such right(s) or operate so as to bar the exercise or enforcement thereof at any time(s) thereafter, as a waiver of another or constitute a continuing waiver. You agree that monetary damages may not be a sufficient remedy for the damage which may accrue to us by reason of your breach of these General Terms and Conditions, therefore we shall be entitled to seek injunctive relief to enforce the obligations contained herein. The unenforceability of any single provision within these General Terms and Conditions shall not affect any other provision hereof. These General Terms and Conditions, your acceptance thereof, and our relationship with you shall be governed by and construed in accordance with German law and both us and you irrevocably submit to the exclusive jurisdiction of the German courts over any claim, dispute or matter arising under or in connection with these General Terms and Conditions or our relationship with you.

17.0 Final provisions / Salvatorius clause (Severability clause)

1.) We reserve to change the provisions of these General Terms and Conditions at any time and without mentioning of reasons.

2.) If a customer disagrees with the validity of the new General Terms and Conditions within a term of four weeks, we reserve the right to terminate the contractual relationship with the customer.

3.) In the event of individual provisions of this contract being or becoming ineffective, this shall not affect the validity of any other part of the contract nor does it affect the validity of the contract as a whole.

4.) German law is agreed upon for the contractual relationship.

18.0 Contact Information

Questions about the General Terms and Conditions should be sent to us at:

info@subliminalspace.com

SubliminalSpace.com

info@subliminalspace.com