Definition

In these Terms and Conditions following terms have the following meanings:

“Website” means the website at www.posterspot.de

“Poster Spot”, “we”, “our” or “us” means Poster Spot.

“Poster Spot” is a trademark which is operated by Poster Spot E.U.

Overview
Poster Spot E.U. (“Poster Spot,” “we,” “our,” or “us”) operates and maintains the website www.posterspot.de, an exclusive online platform dedicated to offering an extensive assortment of posters to esteemed users.

Upon placing an order through www.posterspot.de, the operational procedure entails meticulous handling by Gelato, a reputable and specialized printing company, responsible for the impeccable execution of printing and shipping services.

By accessing or utilizing any part of the aforementioned website, you, the user, hereby express your unequivocal agreement and consent to be bound by the ensuing terms and conditions (“Terms of Service”), inclusive of any supplementary terms, conditions, policies, and notices referenced herein and/or accessible through hyperlinks. It is expressly understood that these Terms of Service are legally binding and applicable to all users, including but not limited to browsers, vendors, customers, subscribers, merchants, and content contributors.

Prior to engaging in any form of interaction with our website, we strongly urge you to exercise due diligence and conscientiously peruse these Terms of Service. Should any aspect of this agreement be unacceptable to you, it is imperative that you abstain from accessing the website or availing yourself of any services offered therein. It is explicitly acknowledged that your act of accessing or utilizing the website and its services constitutes an express manifestation of your acceptance and adherence to these Terms of Service.

In pursuance of our unwavering commitment to delivering a superlative user experience, we reserve the prerogative to update, modify, or replace any part of these Terms of Service, with such changes being promptly disseminated through our website. It is incumbent upon you, as the user, to regularly visit this page to remain informed of any revisions. Continued use of or access to the website following any alterations signifies your unreserved acceptance of the updated Terms of Service.

This legal document hereby governs the rights, obligations, and responsibilities of all parties involved, and in acceptance of these Terms of Service, you expressly acknowledge that this constitutes a legally binding agreement between you and Poster Spot E.U.

Agreement to Terms

By acknowledging and accepting these Terms of Service, you affirm that you have attained the age of majority in your respective state or province of residence. Furthermore, if you are not of the age of majority, you certify that you have obtained consent from your parent or legal guardian to utilize this site. Moreover, you assert that no minors under your care shall access or use this site without proper authorization.

Engaging in the use of our products and/or content for illegal or unauthorized purposes is strictly prohibited. Additionally, while availing yourself of the Service, you shall abide by all applicable laws and regulations within your jurisdiction, including but not limited to copyright laws.

You are expressly forbidden from transmitting any worms, viruses, or any other form of code that may inflict destructive harm to the website or any connected systems.

Any breach or violation of the Terms as set forth herein will lead to an immediate termination of the Services rendered to you.

Overall Provision

Discretionary Refusal of Service: We retain the sole discretion to decline the provision of services to any individual or entity, without any requirement to furnish a justification, at any given moment.

Intellectual Property and Prohibited Activities: You expressly agree not to engage in any act that would lead to the unauthorized replication, duplication, copying, sale, resale, or exploitation of any part of the Service, its usage, or access to the Service, including any communication facilitated through the website, without obtaining our explicit written permission.

Convenience of Headings: The headings utilized in this agreement are included solely for convenience and reference purposes. It is clearly stipulated that such headings shall in no way restrict or otherwise impact the substance and enforceability of these Terms.

Non-Obligation for Continuous Updates

We acknowledge that the maintenance of up-to-date and accurate information is of paramount importance. However, we explicitly declare that we assume no obligation to consistently update, amend, or clarify information in the Service or on any related website, including, but not limited to, pricing information, unless such updates are compelled by the exigencies of applicable law.

No Indication of Complete Modification or Update: Please take note that any specified update or refresh date cited in the Service or on any related website should not be construed as an indication that all information in the Service or on any related website has undergone comprehensive modification or update.

Prohibited Conduct

It is expressly forbidden to utilize the site, app, or its content for any purpose that contravenes the prohibitions explicitly delineated in the Terms of Service. In addition to any other stated prohibitions, the following actions are strictly prohibited:

   (a) Engaging in any activities that are unlawful under applicable laws, regulations, or ordinances;

   (b) Soliciting, inducing, or encouraging others to participate in or undertake any actions that constitute unlawful conduct;

   (c) Breaching or contravening any international, federal, provincial, or state regulations, rules, laws, or local ordinances;

   (d) Infringing upon or violating our intellectual property rights or those belonging to others;

   (e) Engaging in conduct that involves harassment, abuse, insult, harm, defamation, slander, disparagement, intimidation, or discrimination based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;

   (f) Submittal of false or misleading information with the intent to deceive or mislead;

   (g) Uploading or transmitting viruses, malware, or any other form of malicious code with the intent to disrupt or compromise the functionality or operation of the Service or any related website, as well as other websites or the Internet;

   (h) Engaging in activities that involve the unauthorized collection or tracking of personal information belonging to others;

   (i) Undertaking activities such as spamming, phishing, pharming, pretexting, spidering, crawling, or scraping, with the intention of engaging in deceptive or disruptive conduct;

   (j) Employing the site for any purpose that may be characterized as obscene or immoral; or

   (k) Interfering with or attempting to circumvent the security features of the Service or any related website, other websites, or the Internet.

Termination for Prohibited Use

Violation of any of the aforementioned prohibited uses may lead to the termination of your access and use of the Service or any related website, as deemed appropriate by us, and without any obligation to provide prior notice.

Absence of Warranties and Delimitation of Liability

Poster Spot E.U. acknowledges and affirms that it makes no guarantees, representations, or warranties regarding the uninterrupted, timely, secure, or error-free nature of your use of our service. Furthermore, we do not warrant or represent that the results derived from utilizing the service will be accurate or reliable. You hereby expressly agree that Poster Spot E.U. may, from time to time, at its sole discretion, remove the service for indefinite periods or terminate the service without prior notice to you.

Assumption of Risk: It is paramount to recognize and acknowledge that your use of, or inability to use, the service is exclusively at your own risk. The service, together with all products and services dispensed through the service, are provided on an “as is” and “as available” basis, unless otherwise expressly stated by us, and without any representation, warranties, or conditions of any kind, whether express or implied. This includes, but is not limited to, all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

Limitation of Liability

Under no circumstances shall Poster Spot E.U., its directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors bear liability for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any nature. This includes, without limitation, damages such as lost profits, lost revenue, lost savings, loss of data, replacement costs, or any analogous damages, whether based in contract, tort (including negligence), strict liability, or otherwise. Such damages may arise from your use of the service or any products procured through the service, or may pertain to any other claim related, in any manner, to your use of the service or any product. This encompasses, but is not restricted to, any errors or omissions in any content or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if you have been advised of the possibility of such damages.

Limitation as Permissible by Law

It is to be noted that certain states or jurisdictions may not permit the exclusion or limitation of liability for consequential or incidental damages. In such states or jurisdictions, the liability of Poster Spot E.U., as well as its directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors, shall be limited to the maximum extent permissible by law.

Information and Contents Relating to Website

Information Accuracy, Completeness, and Timeliness: We hereby declare that we shall not be held liable for any inaccuracies, incompleteness, or lack of current status in the information made available on this site. The content provided on this site is intended for general informational purposes exclusively and should not be solely relied upon for making critical decisions. To ensure the accuracy and completeness of information, we strongly advise consulting primary, more accurate, more comprehensive, or more timely sources of information. Any reliance on the material presented on this site is solely at your own risk.

Historical Information: It is imperative to recognize that certain content on this site may encompass historical information. Please be aware that historical information, by its nature, may not be up-to-date and is solely included for reference purposes.

Right to Modify Website Content: We retain the exclusive right to alter the contents of this site at any given time. However, we are under no obligation to update or revise any information on our site. Consequently, you acknowledge and agree that it is your responsibility to regularly monitor and keep abreast of changes to our site content.

The Service, Prices and Fees

Product, Service, and Fee Price Alterations: Please be informed that the prices pertaining to our products and services are susceptible to modifications without prior notice. We hereby assert the prerogative to effectuate changes to these prices at any time.

Service Modification or Discontinuation: It is pertinent to acknowledge that we retain the unequivocal right to, at our sole discretion, modify or terminate the Service, or any segment or content thereof, without prior notification. Such modifications or discontinuations may be implemented at any juncture.

Non-Liability for Modifications, Price Changes, Fees, Suspension, or Termination: You expressly acknowledge and agree that we shall not be held accountable or liable to you, nor to any third-party, for any adjustments, alterations, price changes, fees, suspension, or termination of the Service, whether conducted with or without prior notice.

Provision of Third-Party Tools

It is within our discretion to grant you access to certain third-party tools, over which we neither exercise monitoring nor possess any control or input. You hereby acknowledge and consent that the access provided to such tools is on an “as is” and “as available” basis, without any warranties, representations, or conditions of any kind, and without our endorsement. Consequently, we disclaim any liability arising from or relating to your utilization of these optional third-party tools. Your use of any optional tools offered through the site is entirely at your own risk and discretion, and it is incumbent upon you to acquaint yourself with and grant approval to the terms and conditions under which the tools are provided by the relevant third-party provider(s). Furthermore, any new services and/or features that we may offer through the website, including the introduction of new tools and resources, will be governed by these Terms of Service.

Incorporation of Third-Party Content, Products, and Services: Certain content, products, and services accessible through our Service may incorporate materials from third-parties. Links to third-party websites may direct you to external sites that are independent of us. We explicitly disclaim any responsibility for examining or evaluating the content or accuracy of such third-party materials or websites, and we do not warrant or accept liability for any aspects related to third-party materials, products, or services. Any transactions or interactions involving third-party websites, including the purchase or use of goods, services, resources, or content, are beyond our control, and we disclaim any liability for any harm or damages arising from such engagements. Before engaging in any transaction with third-party websites, it is imperative that you carefully review their policies and practices and ensure a comprehensive understanding thereof. For complaints, claims, concerns, or questions pertaining to third-party products, we direct you to address them directly to the respective third-party.

Notices of Potential Errors, Inaccuracies, and Omissions

At times, our site or the Service may inadvertently contain information that includes typographical errors, inaccuracies, or omissions, particularly with regard to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We hereby reserve the unequivocal right to address and correct any such errors, inaccuracies, or omissions as they come to our attention. Consequently, we may effectuate changes or updates to the information or, if deemed necessary, cancel orders without prior notice (including after you have already submitted your order).

Indemnification Covenant

By accessing and utilizing the Service, you hereby undertake, agree, and covenant to indemnify, defend, and hold harmless Poster Spot E.U. and its parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees from any claim or demand, including, but not limited to, reasonable attorneys’ fees, raised by any third-party as a consequence of or stemming from your breach of these Terms of Service or any documents they incorporate by reference, or as a result of your violation of any applicable law or the rights of any third-party.

Provision for Severability

In the event that any provision within these Terms of Service is determined to be unlawful, void, or unenforceable, the intent is to ensure that such a provision shall be upheld to the fullest extent allowable by the relevant laws. Furthermore, any portion deemed unenforceable shall be regarded as separable from these Terms of Service. Thus, the determination of invalidity shall have no bearing on the validity and enforceability of the remaining provisions, which shall continue to be fully operative and effective.

Continuation of Obligations and Liabilities

It is hereby stipulated that all obligations and liabilities of the parties arising prior to the termination date shall continue in full force and effect notwithstanding the termination of this agreement. These Terms of Service shall remain in effect unless and until terminated by either party. You, as the user, have the option to terminate these Terms of Service at any time by notifying us of your decision to discontinue availing our Services or upon ceasing to utilize our site. Conversely, should we, at our sole discretion, have reasonable grounds to believe that you have failed to adhere to any term or provision of these Terms of Service or have indeed violated any of its provisions, we reserve the right to terminate this agreement without notice. In such event, you shall remain liable for any outstanding amounts due up to and including the date of termination. We may, accordingly, exercise our prerogative to deny you access to our Services or any part thereof, as we may deem necessary.

Exhaustive Understanding

The non-exercise or non-enforcement of any right or provision by us under these Terms of Service shall not be construed as a waiver of such right or provision. These Terms of Service, together with any policies or operating rules posted by us on this site or pertaining to The Service, constitute the comprehensive agreement and understanding between you and us, governing your use of the Service. These Terms of Service supplant and supersede all prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including any prior versions of the Terms of Service).

Governing Law
The present Terms of Service, along with any separate agreements through which we provide you with Services, shall be governed by and construed in accordance with the laws of Germany.

Dispute Resolution

In the event of any dispute arising with any customer, both parties agree to pursue arbitration as the initial recourse for resolution. The objective of arbitration is to make earnest efforts to resolve the dispute through a neutral and impartial third party. The arbitration proceedings shall be conducted in accordance with the rules and procedures of the designated arbitration institution, as agreed upon by both parties.

Should the attempt at arbitration fail to yield a satisfactory resolution or if arbitration is not a viable option for any reason, the customer reserves the right to seek legal recourse through the court system. The customer may initiate legal proceedings in a court of competent jurisdiction to seek appropriate remedies for the dispute.

Both parties agree to cooperate in good faith throughout the arbitration and/or court proceedings to reach a fair and just resolution. Any decision or award rendered through arbitration or court proceedings shall be binding on both parties and shall be enforceable in accordance with applicable laws.

Notice of Updates and Changes

You, as the user, are encouraged to regularly review the most up-to-date version of these Terms of Service, which can be found on this page. We retain the exclusive right, at our sole discretion, to modify, amend, or substitute any portion of these Terms of Service by posting updates and revisions on our website. It is your obligation to periodically monitor our website for any such alterations.                        

By continuing to use or access our website or the Service subsequent to the publication of any modifications to these Terms of Service, you hereby signify your acceptance and agreement to be bound by the updated terms and conditions.

Contact Information

Questions about the Terms of Service should be sent to us at kontakt@posterspot.de