Terms of use.
The following Terms of Use apply to the websites offered by LIFE ELEMENT GmbH and the associated services (collectively referred to as "LE CANNABIS Sites"). These General Terms of Use may in a specific case be supplemented, modified or replaced by additional terms and conditions, e.g. for the purchase of merchandise. You are deemed to have accepted the application of these Terms of Use at the time you log in or, where no special log in is required, at the time you start using a LE CANNABIS site.
Copyright and Other Intellectual Property Rights
© 2008 - 2023 Copyright LIFE ELEMENT GmbH. All rights reserved. The content of the LE CANNABIS Sites, including, but not limited to, their web pages, programs, graphics, illustrations, audio, videos, scripts, texts as well as the arrangement of same on the Sites are subject to copyright protection and other laws protecting intellectual property. The content of the LE CANNABIS Sites may not be used for commercial, business and/or public purposes, in particular it may not be copied, distributed, modified or made accessible to third parties. Any copies made of the content must contain a LIFE ELEMENT copyright notice. Notices of protected rights may not be removed. Any use beyond the scope described above is not permitted. In particular, you are prohibited from using the pieces of music for commercial purposes. This applies especially to the distribution, sale or other disposition for a charge of any audio CDs or copies or recordings thereof. You are not permitted to engage in any reverse engineering steps such as modifying or editing the audio material, for example, by playing MP3s and subsequently redigitalizing them.
Trademarks
Unless provided otherwise, all trademarks on this Website are protected trademarks of LIFE ELEMENT or one of its licensors. This applies in particular to brands, logos and cans.
No License
You are not granted an explicit or implicit license or any other right to use the content of the LE CANNABIS Sites unless you first obtain the written consent of LIFE ELEMENT or the respective licensor. Any improper use of the content is strictly forbidden and LIFE ELEMENT will institute civil and criminal proceedings in relation thereto.
Information Sent to LE CANNABIS
All comments, suggestions, ideas and other content which you send to or otherwise make available to LE CANNABIS (Information Sent) will be treated as non-confidential. LIFE ELEMENT is not obliged to treat the Information Sent confidentially. LIFE ELEMENT will be entitled to use and exploit the Information Sent free of charge.
Liability for Information Sent
You will be liable for ensuring that none of the information you send violates the rights of third parties, including, but not limited to, copyrights, trademarks, patent rights, business secrets, privacy or other personal rights or intellectual property rights. In connection with the aforegoing, you will be required to indemnify LIFE ELEMENT against all third-party claims, including the reasonable costs of legally defending its rights.
User Behaviour
You are prohibited while using the LE CANNABIS Sites (I) from inflicting damage on people (especially on minors) and from violating their rights of personality, (II) from behaving in a manner that violates public policy, (III) from sending content that is libelous, defamatory, obscene, insulting, pornographic or which glorifies violence or invades the privacy of another person, and (IV) from infringing industrial property rights or copyright or other proprietary rights and from advertising goods or services and from soliciting transfers of economic benefit.
User activities which are aimed at disabling the LE CANNABIS Sites or at least making their use more difficult are forbidden and may lead to LIFE ELEMENT instituting civil or criminal proceedings.
You are also prohibited from using the LE CANNABIS Sites for any purpose that is unlawful. In particular, you are not permitted to register third parties at the LE CANNABIS Sites for a subscription to a newsletter or similar publication (e.g. My Account) without their knowledge and express consent or to register them for a competition without their knowledge and express consent.
LIFE ELEMENT may block your access to the LE CANNABIS Sites at any time, including, but not limited to, where you breach your duties under these Terms of Use.
Liability
You are responsible for all your actions at or in connection with the LE CANNABIS Sites.
LIFE ELEMENT strives to ensure that these Sites are administered and maintained with due care. Nonetheless, LIFE ELEMENT does not warrant that the information contained on the LE CANNABIS Sites is error-free or accurate or that access to the LE CANNABIS Sites will be uninterrupted. Furthermore, it disclaims any liability for lost, damaged or deleted downloads.
LIFE ELEMENT accepts no liability for any damage arising directly or indirectly from the use of the LE CANNABIS Sites or the downloading of LE CANNABIS Tracks. Nothing in these Terms of Use excludes or limits LIFE ELEMENT's liability in cases of intentional harm, gross negligence, injury to life, body or health, fraudulent concealment of a defect or breach of a material contractual obligation where liability is mandatory. LIFE ELEMENT's liability for damages for breach of a material contractual provision will, however, be limited to the usual foreseeable damage except in cases involving its intentional wrongdoing or gross negligence.
Statutory liability which does not require fault on the part of LIFE ELEMENT – for example, in the case of statutory liability under a guarantee – will remain unaffected by the limitations of liability stated above.
Links / Content of Third Party Sites
To the extent that the LE CANNABIS Sites mirror other Internet sites which are operated by third parties or contain links to such sites, LIFE ELEMENT assumes no liability for the content of these sites nor does it endorse them or their content. LIFE ELEMENT is not responsible for the content of such sites. Your use of such sites is at your own risk.
You are not permitted to post any content to the LE CANNABIS Sites unless LIFE ELEMENT has requested you to do so or has explicity made the necessary applications available. As a rule, LIFE ELEMENT has no control or influence over the content posted by users of the LE CANNABIS Sites or other third parties. The persons responsible for such content are the users or third parties who posted such content, but not LIFE ELEMENT.
Changes / Improvements
LIFE ELEMENT reserves the right to amend these Terms of Use as well as to modify the content and structure of the LE CANNABIS Sites at any time. The right reserved above will also include the right to make certain offerings and services subject to payment or to discontinue them entirely.
Miscellaneous
The courts of Wels will have jurisdiction if you are a "merchant" within the meaning of the Austrian Commercial Code.
As stated in the relevant website credits, the individual web pages of the LE CANNABIS Sites are operated by LIFE ELEMENT, Graben 9, 4840 Voecklabruck, Austria. The aforementioned are also responsible for the individual pages of the LE CANNABIS Sites. The web pages comply with the requirements in the country in which the responsible company has its domicile. LIFE ELEMENT assumes no responsibility for the fact that information and/or content made available on the LE CANNABIS Sites can be accessed or downloaded at places outside of the relevant country. Where users access LE CANNABIS Sites from places outside of the relevant country, they will bear sole responsibility for compliance with the pertinent laws of such country.
The laws of the Republic of Austria will apply. The application of the UN Convention on Contracts for the International Sale of Goods (CISG) is excluded.