These terms and conditions (the “Terms of Use”) form a legally binding agreement between you as user and thumbr B.V. (“thumbr”) as provider (hereinafter referred to as “Provider”, “we”, “our”) and apply to the use of the thumbr platform via the internet, this website or wapsite (“the Sites”) and the supply of or access to all content and services of the Sites (hereinafter referred to as “the Services”).

Contact information:

thumbr B.V. ("thumbr")
Stadhouderskade 85
1073 AT Amsterdam
The Netherlands
Dutch Chamber of Commerce (Amsterdam) nr: 53270886
Dutch VAT nr. : NL850818126B01
Email: info.ww@thumbr.com

thumbr is authorised at all times to modify these Terms of Use. Accordingly, you should read them regularly. You can find the latest version of these Terms of Use at the bottom of the Sites under the heading “Terms of Use”. In the event of use or consumption of certain content and Services, in addition to these Terms of Use, that content and those Services will also be governed by applicable and previously communicated Terms of use, game Terms, dispute settlement rules, guidelines or other provisions that are applicable (hereinafter referred to as the “Supplementary Terms”), whether of thumbr itself, or of third parties. If the Supplementary Terms come from thumbr itself, they are considered inserted here and form an integral part of these Terms of Use. In the event of any conflict between these Terms of Use and the Supplementary Terms of thumbr, the last mentioned Terms will prevail. These Terms of Use incorporate and contain the Privacy statement of thumbr. You agree that sufficient possibility has been offered to read and accept the Terms of Use before making use of the Services and the Sites. ACCEPTANCE OF SERVICES AND USE OF THE SITES MEANS ACCEPTANCE OF THESE TERMS OF USE AND THE PRIVACY STATEMENT. If you do not agree to this, you must not make use of the Services, the Sites and any content offered via the Services and/or on the Sites.

1. DESCRIPTION OF THE SERVICES

thumbr offers media and entertainment services on its platforms in the broadest sense. These services were developed by thumbr itself or originate from third parties. By means of the Services, thumbr offers its users access to a network of online and mobile applications, including but not confined to games, e-books, music, news or information, email, chat services, amusement, horoscopes, games, ringtones, wallpapers, fun sounds, real tones and videos (“content”). Access to the content and services of independent third parties can also be part of the Services. In that case, it is possible that these independent third parties have Supplementary Terms to which you must agree before you can use their content and services. thumbr is neither responsible nor liable for (the consequences of the use of) this content and these services of third parties. The Terms of Use and the Supplementary Terms also apply to an expansion or improvement of the current Services. thumbr can change or discontinue the Services (or a part of them) and/or the Sites (or a part of them) at any time, temporarily or permanently. You agree that thumbr is not liable towards a third party or you as user, if the Services and/or the Sites are changed, discontinued or interrupted. You agree that thumbr provides to you by electronic means the necessary notifications, agreements and other information relating to the Services and/or the Sites. If you do not agree (any more) to this, you must cease using the Services and the Sites.

2. ACCESS TO THE SERVICES, AVAILABILITY AND AGE LIMITS; YOUR RESPONSIBILITIES

To make use of the Services, you must (1) be at least 16 (sixteen) years old and/or have permission from (one of the) parents and/or the person authorised to make payments to register you on behalf of him or her for and to make use of the Services and (2) on behalf of this parent and/or the person authorised to make payments and yourself agree to the binding force of these Terms of Use. If you register for the Services and/or as user of the Service, you recognise and confirm that you have read the Terms of Use, that you have accepted them and that you satisfy the Terms applicable to your situation as stated above. The Services are provided “as is” and “as available” at the moment of use or consumption. thumbr accepts no liability at all and offers no guarantee at all if personal settings, information or messages are not saved (in time), are removed or are delivered incorrectly. You are personally responsible for the means required for access to the Sites and the Services, including access to the internet and the costs involved. You are aware in this connection that the use of the Sites and the Services can result in extra costs. Certain mobile telephone applications are only available for an exclusive number of mobile telephones. This is a matter of the manufacturers of mobile telephones and is thus beyond the control of thumbr. In order to avoid disappointment, we request you check the suitability of your mobile telephone in advance. You are responsible for making sure that your equipment and/or software does not disrupt or obstruct the Services and the Sites. Equipment or software that causes obstruction is immediately closed off from the Services and/or the Sites and thumbr is authorised to immediately terminate or suspend the Services and access to the Sites without stating reasons. If a change to your equipment or software is required for an upgrade or for the Services, you must perform that change at your own expense.

3. PAYMENTS FOR THE SERVICE AND RIGHT OF WITHDRAWAL

If thumbr requires a payment for particular content and/or Services, the Terms of payment of thumbr are applicable. thumbr can supply to you – directly or via third-party suppliers of payment services (“the Third-party Supplier”) that supply payment transaction services to thumbr and the users of the Services to enable the sale of products, content or Services via the Services – products, services and/or virtual items (such as a virtual game element, virtual coins or a subscription to download a game). If you purchase such a product, service or item, you enter into an agreement with thumbr or the relevant Third-party Supplier for the execution of the payment.

If the agreement with a Third-party Supplier of payment services is entered into, thumbr is never responsible for the communication between you and this Third-party Supplier. All information that you exchange with the Third-party Supplier comes exclusively under the Privacy statement and/or other instructions of the Third-party Supplier and you indemnify thumbr with respect to reversals of payments or other claims of the Third-party Supplier as a result of the non-execution of the payment.

In the event that the agreement for the payment service is entered into with thumbr, all information that we receive from you in the context of executing payments and supplying services comes under our Privacy statement. You pay or reimburse to thumbr all national and local or other taxes (with the exception of tax based on the net profit of thumbr) including but not confined to turnover tax, use-related property tax and tax on games of chance or any other levies in their place, which taxes are based on the costs payable for the use of the Services, regardless of whether that tax is imposed now or in the future by international, European, national or local authorities or by another institution or institutions with the authority to impose tax.

If you purchase a product or service from us in the EU, you are entitled to revoke your purchase within seven calendar days, counting from the first day after the date of delivery or purchase (the right of withdrawal period). The date of purchase is considered to be the date of delivery. You do not have this right if the service or the product was delivered and used before the end of the right of withdrawal period. In the event of purchase of virtual items, digital content, digital goods, digital products and/or digital services, you are not entitled to withdraw your purchase, because the execution starts at the moment of delivery.

thumbr does not refund money, for whatever reason. You do not receive money back or any other compensation for unused products, goods or virtual items. If a payment must be made for certain content, products, Services or virtual items, the payment is payable regardless of whether you actually download or use content and/or applications or not; the consideration for the payment is exclusively the supply of the right to download, receive and/or have access to certain content and/or applications. If you cancel or close (voluntarily or involuntarily) your subscription with thumbr, the (virtual) items, products, goods and/or services purchased by you are lost. thumbr provides no compensation for them at all.

4. CODE OF CONDUCT FOR THE USE OF THE SERVICES

You agree to use the Services and the Sites only for lawful purposes and to use them in accordance with these Terms of Use, the Supplementary Terms and the following code of conduct:

  1. You will maintain confidentiality with respect to the information provided to you via the Services and the Sites and you will not pass that information on to others, without the permission of thumbr or the person who provided the information to you;

  2. You will not use the Services and the Sites to consort with bullying or offensive behaviour, including but not confined to the placement of announcements, photos or recordings with insulting, defamatory, coarse or disgracing statements, or racist, pornographic, obscene or insulting language or images;

  3. You will not use the Services and the Sites for (inciting to) actions that constitute a criminal offence or that result in liability under civil law;

  4. You will not use the Services and the Sites to infringe the privacy rights, property rights, intellectual property rights or other rights of thumbr or of any person;

  5. You will not place messages, photos or recordings, or use the Services in any way that infringes, plagiarises or violates the rights of thumbr or of a third party, including but not confined to copyright, privacy or other personal right, or in any way that is fraudulent or unlawful in any other way or is contrary to the law or public morality;

  6. You will not use the Services and the Sites for the promotion of charities, advertising or acquisition of articles or services and/or other promotional and/or commercial purposes;

  7. You will in no way place or pass on contact information via your publicly placed information, including but not confined to telephone numbers, postal addresses, email addresses, websites or full names;

  8. You will not impersonate a different person or create this impression;

  9. You will not reproduce, copy, sell, resell or use – fully or partially – the Services and the Sites;

  10. You will not use the Services and the Sites for the direct or indirect sending of unsolicited messages, including but not confined to mass commercial advertising or informative announcements via email or instant messages or the placement of messages on messages boards (“Spam”). In addition, you will not use the Services and the Sites (a) to send messages that are excessive and/or intended to torment or harass others, (b) to continue sending or placing messages to and/or on thumbr or to a recipient who has indicated that he/she does not wish to receive them, (c) to send messages with deceptive or misleading header information, (d) to send messages maliciously, including but not confined to “mail bombing”, or (e) to send or receive messages in a way that breaches the user policy of an internet service provider;

  11. You will not spread any computer virus or other computer code, files or programs of whatever nature via the Services and the Sites that interrupt, destroy or limit the functionality of computer software or hardware or telecommunication equipment or otherwise enable the unauthorised use of a computer or computer network, including wireless devices and networks.

  12. You are not permitted to use the Services and the Sites in any way that could damage, overload or impair or disable our servers or networks or that could impede the use and enjoyment of other people of the Services and/or the Sites. You are not permitted to attempt to gain unauthorised access by means of hacking, password mining or any other method to services, user accounts, computer systems or networks

thumbr reserves the right at its own discretion to terminate or suspend your use of the Services and the Sites in connection with a possible breach of these prohibitory provisions and subsequently to take legal and technical measures and recover any damages from you in full.

5. REGISTRATION FOR THE SERVICE

If you register for the Services, you guarantee that (a) the personal information provided on the registration form (hereinafter referred to as the “Registration Information”) is correct and complete. If you choose a user name, we reserve the right to remove or cancel it if we deem that appropriate. If thumbr, at its own discretion, is of the opinion that the Registration Information is not correct or complete, thumbr is authorised to suspend or terminate the use of your account and/or terminate the relationship with you and/or deny you the use of the Services and/or the Sites or a part of them, now or in the future. You are responsible for maintaining the secrecy of passwords and/or other information that is provided to you by thumbr and you are fully responsible for all actions that are performed with the aid of the use of your user name, password or this other information. You undertake to conclude your visit to the Sites at the end of each session (by closing your browser) and to contact thumbr if you notice or suspect that unauthorised use is being made of your password or that the security or protection of the Registered Information is no longer guaranteed for a different reason. thumbr can provide you with access to certain Services and/or Sites without you being registered as a user. In any of those cases, your identification is based on the means of identification that we deem suitable, such as the number of your mobile telephone.

As a user you may only have one account. In the event of more than one account, we reserve the right to remove them. thumbr has the right to terminate the accounts of users who have not been active for a significant period.

6. COMPETITIONS AND AVAILABILITY OF PRIZES

If prizes can be won as a part of the Services, you must be registered with thumbr in accordance with article 5 of these Terms of Use to be able to receive the prize you have won. Game Terms may be applicable and can be found on the Sites. The information provided must be correct and complete for you to be able to claim the prize.

7. PRIVACY STATEMENT AND PROCESSING OF DATA

thumbr is committed to protecting the privacy of its users. That is why we have established a separate Privacy statement that forms an integral part of the Terms of Use and the Supplementary Terms of thumbr.

8. INDEMNIFICATION AND COMPENSATION

You agree that you will indemnify thumbr and its holding companies, members, subsidiaries, affiliated companies, service providers, contracting parties, agents, representatives, licensors, managers, directors, shareholders and employees in connection with a claim, legal proceedings, demand, action or other procedure, submitted by a third party and caused by, as a result of or in connection with your (i) use of the Services, the content, the Software and the Sites, including but not confined to your downloads and use of goods, applications, products and/or services of the Services and the Sites, (ii) breach of these Terms of Use and/or Supplementary Terms or (iii) violation of the law, a regulation or the rights of a third party. You pay all expenses and damages that result from this, including but not confined to the reasonably incurred lawyer's fees and the costs imposed on or otherwise incurred by thumbr in connection with, or resulting from such a claim, legal proceedings, demand, action or other procedure.

9. USE, STORAGE, MONITORING AND REMOVAL OF INFORMATION

We reserve the right to check material of users, including but not confined to profiles, public announcements, pictures, videos and (text) messages (“the Material”), in order to ensure that they satisfy the guidelines that are applicable at a certain moment. Although we do not (are not able to) check all the Material of the users of the Services and are also not responsible for the content of this Material, we reserve the right but are not obliged to remove or move Material including but not confined to profiles, public announcements, pictures, videos and (text) messages, which at our discretion we feel are contrary to these Terms of Use or other applicable guidelines, or that are otherwise unacceptable. You are personally fully responsible for the content of the Material that you store or disclose via the Services, or send to the users of the Services. All text messages are screened and content with an explicitly pornographic character is removed. Users who behave improperly will be removed from the Services and Sites. You agree that thumbr is not liable or responsible, if data that is supplied or sent by means of the Services is not stored or is removed by mistake.

You guarantee that the Material does not infringe the rights of third parties and you hereby grant us a royalty-free, non-exclusive, transferable, perpetual and worldwide licence to use, reproduce and disclose at the discretion of thumbr the Material placed and/or disclosed by you on the Sites and/or via the Services.

If you are of the opinion that an advertising message, text message or a public announcement on the Sites is an infringement of your copyright, you can read in our copyright policy as described in article 10 what you can do.

10. COPYRIGHT POLICY

thumbr respects the intellectual and industrial property rights (“the IP rights”), including but not confined to the copyright, of third parties and we expect of the users of our Services, as described further in these Terms of Use, to do likewise. Where appropriate we may exclude users from the Services if in our opinion they breach the IP rights.

If you are of the opinion that without your prior permission your statements have been reproduced and/or otherwise disclosed via the Services, on this website or via the wapsite in such a way that this infringes or has infringed your IP rights or that these rights have been violated in another way, we request you to inform us of the (alleged) violation, whereby the following information should be provided:

  • - a specific description and the location(s) of the statements;
  • - your name, address, mobile telephone number and email address;
  • - a declaration that shows that you and/or your authorised representative did not give permission for the reproduction and/or disclosure of the statements, or that the statements are lawful on the basis of any statutory provision;
  • - a declaration that shows indisputably that the information you provided to us is complete and true and that shows that you are the lawful owner of the IP rights that are vested in the statements.

You can reach thumbr by email via info.ww@thumbr.com. You can find the address at the top of these Terms of Use.

As soon as your notification has reached us, we reserve the right to block the statements or remove them from the Sites. If in our opinion the statements may constitute an infringement of your IP rights, we will proceed to blocking or removal and do our best to find out the identity of the infringing party. At the same time, we will inform this party of the infringement it has performed and of the fact that its statements constituting an infringement have been removed from the Sites.

The party whose statements constituting an infringement are blocked or removed on the basis of this copyright policy has the right to set up a defence. To that aim, it must provide us with the following information:

a specific and complete description of the statements that have been blocked or removed and the locations of these statements before they were blocked or removed, including the URL;

a declaration that shows indisputably that the statements have been blocked or removed as a result of demonstrable errors or mistakes or that shows that the blocked or removed statements were incorrectly designated as statements to be blocked or removed;

name, address, mobile telephone number and email address of this party and a declaration in which it is stated that this party agrees to the settlement of the dispute, if necessary, by the competent court specified in these Terms of Use.

As soon as the defence is in our possession, we will send it on to you and we will find for either party. In the event that you are proved right, we will do our best to bar the statements constituting an infringement via the Services and from the Sites. In the event that we find for the party that set up the defence, the statements incorrectly designated by you as constituting an infringement will no longer be barred via the Services and from the Sites or will be placed back via the Services and on the Sites within five working days, unless within this period we receive from you the notification that you have submitted the dispute to the competent court specified in the Terms of Use. You must send us evidence of bringing the matter before the competent court.

11. CANCELLATION AND TERMINATION

Your data is stored by thumbr for no more than two years after your last visit to the thumbr platform, unless thumbr, for reasons of any statutory provision, is obliged to store (parts of) your personal data for a longer period. Please read our Privacy statement for more information. thumbr reserves the right to terminate or suspend at its own discretion your use of the Services and/or the Sites at all times without prior notice and to destroy and remove within the Service the Registered Information, as well as all information and files related to you, including the Material placed or disclosed by you on or via the Services and the Sites. thumbr can also deny you further access to the Services and/or Sites.

12. TRANSACTIONS WITH ADVERTISERS AND/OR SPONSORS AND SITES OF THIRD PARTIES

We can make use of advertisers and sponsors with respect to our Services and the Sites. As a condition of the use of these Services and the Sites, you agree that we can show advertising and other promotions on our Sites or in our Services. Including advertisements or promotions on our Sites or in our Services does not signify agreement by thumbr with the corresponding content and/or service, and/or the corresponding product, service or company. We aim at advertising and promotions that are suitable for our users. thumbr does not take part in and is in no way responsible for a transaction with respect to products or services that are provided by the third parties referred to, or for the content or information that is provided in connection with products or services from third parties. You agree that thumbr is not liable for damage of whatever nature, which is the result of those transactions.

In addition, the Services and/or the Sites may contain links to websites of third parties, including links that are offered as automated search results. thumbr does not take part in and is in no way liable for the content of – or material on – these websites.

13. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS

You are aware of and agree that the content and software that are used in connection with the Services and the Sites, hereinafter referred to as the Software, contain confidential information that is protected by legally established and applicable intellectual property rights and by the current legislation concerning intellectual and industrial property rights and other legislation. Unless determined otherwise in these Terms of Use, the rights, property and interests in and of the intellectual property or other rights that are connected to immaterial matters that are used, developed, recorded, embodied or exercised in connection with the Services and the Sites (“intellectual property rights”), including but not confined to the ‘look and feel’ and colour combinations, button shapes and other graphical elements of the Sites, are the property of thumbr or its licensors and you agree that you have no or will not claim any interests or claims with respect to those intellectual property rights. You acknowledge that no rights with respect to the intellectual property have been transferred to you and that you have not obtained – explicit or implicit – rights with respect to the Services and/or the Sites, other than the rights that are expressly granted in these Terms of Use. “Intellectual property rights” means the rights pursuant to the legislation in the area of patents, copyright, trade secrets, trade names and all other property rights and their application, renewal, expansion and re-establishment, that have been legally established worldwide now or at a later time and are valid. You acknowledge that all brands on the Software, Services and Sites are the property of thumbr, or of the respective owners of those brands and are protected by national and international trade mark, trade name and copyright laws. Use of the brands that are on the Software, Services and Sites without the express written permission of thumbr or the owner of the brand is expressly forbidden. ‘thumbr’ is a trademark of thumbr B.V. Furthermore, you are aware of and agree that copyrights, patents or other property rights and laws apply to the information in advertising messages from advertisers and/or sponsors or to the information that is provided to you via the Services and/or the Sites. You guarantee that you will not modify, rent, make available, lease, lend, borrow, sell, distribute, create or generate the content or the products and/or services that are obtained fully or partially from the Services, the Sites or the Software, except if and in so far as thumbr has given you express written permission to that aim. thumbr hereby grants you, and you hereby accept, a personal, limited, non-transferable, non-exclusive, revocable and inalienable licence for and permission to use the Services on a wireless device or computer intended and suitable for that purpose, exclusively for your own personal, non-commercial use and to use the Software and the Sites exclusively in accordance with these Terms of Use and the Supplementary Terms, on condition that you do not copy, modify or change the Software, source code or content or reproduce, modify, execute, transfer, distribute, sell, sell on, create, reverse engineer or reverse assemble a product or service or content derived thereof, or attempt in any other way to retrieve the source code (or allow third parties to do that), or use or make available the Software and content unless that is explicitly permitted in these Terms of Use and on condition that you do not sell, or encode or provide sub licences of the rights that are connected with the content, the Software and the intellectual property rights, or encumber them with security interests or transfer them in any other way. You guarantee that you will not in any way change the Services, the Software and the intellectual property rights or use the modified versions of the Services, Software and intellectual property rights, including (but not confined to) obtaining unauthorised access to the Services. You will not apply data mining, robots or similar tools for data collection and extraction to the contents of the Services and the Sites, and you will not frame parts of the Sites and/or Services and/or their content. You guarantee that you will only make use of the interface that is provided by thumbr to obtain access to the Services and the Sites.

14. DISCLAIMER

THUMBR, ITS DIRECTORS, MANAGERS, EMPLOYEES, SUPPLIERS, REPRESENTATIVES AND AGENTS (THE “PROVIDERS”) ACCEPT NO LIABILITY WHATSOEVER FOR DAMAGE THAT IS THE RESULT OF THE USE MADE BY YOU OF THE SERVICE, THE CONTENT, THIS SOFTWARE AND THE SITES. YOU UNDERSTAND AND AGREE EXPLICITLY THAT:

THE SERVICE, THE CONTENT, THE SOFTWARE AND SITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WHEREBY NO GUARANTEE AT ALL IS OFFERED. THE PROVIDERS IN SO FAR AS AND TO THE EXTENT THAT IS LEGALLY ALLOWED, EXPRESSLY ACCEPT NO LIABILITY WHATSOEVER, WHETHER EXPLICIT, IMPLICIT, STATUTORY OR OTHERWISE, WITH RESPECT TO THE SERVICE, THE CONTENT, THE SOFTWARE AND SITES, INCLUDING BUT NOT CONFINED TO THE IMPLICIT GUARANTEE OF THE PROPERTY RIGHT, THE MARKETABILITY, THE SUITABILITY FOR A PARTICULAR PURPOSE AND THE NON-BREACH OF PROPERTY RIGHTS.

THE PROVIDERS ACCEPT NO LIABILITY WITH RESPECT TO THE SAFETY, RELIABILITY, TIMELINESS AND PERFORMANCE OF THE SERVICE, THE CONTENT, THE SOFTWARE AND SITES. THE PROVIDERS DO NOT GUARANTEE THAT THE SERVICE, THE CONTENT, THE SOFTWARE AND SITES MEET YOUR EXPECTATIONS OR THAT THE SERVICE, THE SUPPLY OF THE CONTENT, THE SOFTWARE, THE SERVICES AND SITES WILL NOT BE INTERRUPTED AND FREE OF ERRORS.

ADVICE OR INFORMATION, VERBAL OR IN WRITING OR VIA OUR SERVICES, OBTAINED BY YOU FROM US, DOES NOT CREATE ANY GUARANTEE THAT HAS NOT BEEN LAID DOWN EXPRESSLY IN THESE GENERAL AND SPECIFIC TERMS. YOU MAY NOT RELY ON THAT INFORMATION OR ADVICE;

YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD AND/OR USE THE SERVICE, THE CONTENT, THE SOFTWARE AND SITES AT YOUR OWN DISCRETION AND AT YOUR OWN RISK AND THAT YOU ARE SOLELY RESPONSIBLE FOR THE DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE TELEPHONE OR LOSS OF DATA AS A RESULT OF DOWNLOADING OR USING THE CONTENT, THIS SOFTWARE, THE SERVICES AND THE SITES;

15. LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, WILL THE PROVIDERS BE LIABLE TO YOU OR A THIRD PARTY FOR DAMAGE, INCLUDING BUT NOT CONFINED TO DIRECT, INDIRECT, ADDITIONAL, SPECIAL, MORAL, SUPPLEMENTARY, THIRD-PARTY LIABILITY OR CONSEQUENTIAL DAMAGE (INCLUDING DAMAGE DUE TO LOSS OF OPERATIONAL INCOME, LOSS DUE TO BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION AND THE LIKE) AS A RESULT OF THE USE MADE BY YOU, MISUSE OR IMPOSSIBILITY OF USING THE SERVICE, THE CONTENT, THE SOFTWARE AND SITES, ALSO IF THE AUTHORISED REPRESENTATIVE OF THUMBR HAS BEEN INFORMED OF THE POSSIBILITY OF THAT DAMAGE ARISING (INCLUDING DAMAGE SUFFERED BY THIRD PARTIES). IF UNDER THE LAW APPLICABLE TO YOU THE ABOVE LIMITATION OR EXCLUSION OF LIABILITY IS NOT PERMITTED TO ITS FULLEST EXTENT, THE ABOVE LIMITATION OR EXCLUSION IS APPLICABLE IN SO FAR AS STATUTORILY PERMITTED. IN NO EVENT WILL THE TOTAL LIABILITY OF THE PROVIDERS TO YOU FOR THE DAMAGE, LOSSES AND CLAIMS (FROM THE CONTRACT OR FROM UNLAWFUL DEED (INCLUDING NEGLIGENCE) OR OTHERWISE) BE GREATER THAN THE AMOUNT THAT WAS PAID BY YOU TO THUMBR TO REGISTER YOURSELF FOR THE SERVICE, THE CONTENT, THE SOFTWARE AND THE SITES.

16. GENERAL INFORMATION

These Terms of Use replace all previous agreements between you and thumbr. If you make use of supplementary services, materials or software from third parties, Supplementary Terms may also apply to you. The national laws of the country or the state in which you live apply to the relationship and all agreements between you and thumbr, regardless of the Terms and provisions of the applicable international law. The application of the United Nations Convention of Contracts for the International Sale of Goods (the “Vienna Sales Convention”) is expressly excluded. Disputes will be settled by the competent court. If thumbr does not exercise or enforce certain rights or Terms described in these Terms of Use, this does not mean that it waives those rights or Terms or that it rejects them. If a provision of these Terms of Use is declared invalid or not enforceable by a competent court or a designated mediator, that finding does not affect the validity or enforceability of the other provisions of these Terms of Use at all. If we decide not to exercise the rights due to us pursuant to these Terms of Use when infringements described in these Terms of Use arise, this does not mean that we waive those rights, if such an infringement arises again. The titles of the articles as used in these Terms of Use are only added to facilitate reading and cannot define, limit, interpret or describe the scope or extent of that article in any way or affect that article in any way.

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