Terms of Use: 2B LOCAL App
By downloading and installing the 2B LOCAL App or any portion thereof, including any upgrades, modified versions or updates (“App”), ) made available by 2B LOCAL, you agree to the following terms and conditions for the usage of the App (“Terms of Use”). The App is owned and controlled by ROCKS & BIRDS MEDIA GmbH (“ROCKS & BIRDS” or “2B LOCAL”). These Terms of Use affect your legal rights and obligations. If you do not agree to be bound by all of these Terms of Use, do not access or use the App.
There may be times when we offer a special feature that has its own terms and conditions that apply in addition to these Terms of Use. In those cases, the terms specific to the special feature control to the extent there is a conflict with these Terms of Use.
2B LOCAL is an online network and mobile application owned and run by ROCKS & BIRDS MEDIA GmbH, a company registered at the Chamber of Commerce in Charlottenburg Berlin, Germany:
Registration Number: HRB 197924 B
Address:
Rheinsberger Straße 76/ 77
10115 Berlin, Germany
Contact: legal@2b-local.com
Basic Terms
You must be at least 13 years old to use the App.
You may not post violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, pornographic or sexually suggestive photos or other content via the App.
You are responsible for any activity that occurs through your account and you agree you will not sell, transfer, license or assign your account, followers, username, or any account rights. With the exception of people or businesses that are expressly authorized to create accounts on behalf of their employers or clients, 2B LOCAL prohibits the creation of and you agree that you will not create an account for anyone other than yourself. You also represent that all information you provide or provided to 2B LOCAL upon registration and at all other times will be true, accurate, current and complete and you agree to update your information as necessary to maintain its truth and accuracy.
You agree that you will not solicit, collect or use the login credentials of other 2B LOCAL users.
You are responsible for keeping your password secret and secure.
You must not defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate people or entities and you must not post private or confidential information via the App, including, without limitation, your or any other person’s credit card information, social security or alternate national identity numbers, non-public phone numbers or non-public email addresses.
You may not use the App for any illegal or unauthorized purpose. You agree to comply with all laws, rules and regulations (for example, federal, state, local and provincial) applicable to your use of the App and your Content (defined below), including but not limited to, copyright laws.
You are solely responsible for your conduct and any data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sounds, musical works, works of authorship, applications, links and other content or materials (collectively, “Content”) that you submit, post or display on or via the App.
You must not change, modify, adapt or alter the App or change, modify or alter another website so as to falsely imply that it is associated with the App or 2B LOCAL.
You must not access 2B LOCAL’s private API by means other than those permitted by 2B LOCAL.
You must not create or submit unwanted email, comments, likes or other forms of commercial or harassing communications (a/k/a “spam”) to any 2B LOCAL users.
You must not use domain names or web URLs in your username without prior written consent from 2B LOCAL.
You must not interfere or disrupt the App or servers or networks connected to the App, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature. You may not inject content or code or otherwise alter or interfere with the way any 2B LOCAL page is rendered or displayed in a user’s browser or device.
You must comply with 2B LOCAL’s Community Guidelines.
You must not create accounts with the App through unauthorized means, including but not limited to, by using an automated device, script, bot, spider, crawler or scraper.
You must not attempt to restrict another user from using or enjoying the App and you must not encourage or facilitate violations of these Terms of Use or any other 2B LOCAL terms.
We require the users of our App to follow these Terms of Use and our Policies. We can remove any content or information you post on 2B LOCAL if we believe that it violates these Terms of Use, our Policies (including our Community Guidelines), or we are required to do so by law. We can refuse to provide or stop providing all or part of 2B LOCAL to you immediately if you: clearly, seriously or repeatedly violate these Terms of Use or our Policies, including our Community Guidelines, if you repeatedly infringe other people’s intellectual property rights, or where we are required to do so by law. If we take such action to disable your account, we will notify you of this by email or when you log into your account. You may also delete your account or disable your application at any time.
General Conditions
You acknowledge that we may make updates to the 2B LOCAL App from time to time. You can deactivate your 2B LOCAL account by logging into the App. If we terminate your access to the App or you use the form detailed above to deactivate your account, your photos, comments, likes, friendships, and all other data will no longer be accessible through your account (e.g., users will not be able to navigate to your username and view your photos), but those materials and data may persist and appear within the App (e.g., if your Content has been reshared by others).
- Upon termination, all licenses and other rights granted to you in these Terms of Use will immediately cease.
- We reserve the right, in our sole discretion, to change these Terms of Use (“Updated Terms”) from time to time. Unless we make a change for legal or administrative reasons, we will provide reasonable advance notice before the Updated Terms become effective. You agree that we may notify you of the Updated Terms by posting them on the App, and that your use of the App after the effective date of the Updated Terms (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the Updated Terms. Therefore, you should review these Terms of Use and any Updated Terms before using the App. The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms, and will apply to your use of the App from that point forward. These Terms of Use will govern any disputes arising before the effective date of the Updated Terms.
- If you select a username or similar identifier for your account, we reserve the right to remove or reclaim it if we believe it is appropriate or necessary (for example, if it infringes someone’s and 2B LOCAL’s intellectual property).
- 2B LOCAL reserves the right, but has no obligation, to monitor or become involved in disputes between you and other users. Exercise common sense and your best judgment when interacting with others, including when you submit or post Content or any personal or other information.
- There may be links from the App, or from communications you receive from the App, to third-party web sites or features. There may also be links to third-party web sites or features in images or comments within the App. The App also includes third-party content that we do not control, maintain or endorse. Functionality on the App may also permit interactions between the App and a third-party web site or feature, including applications that connect the App or your profile on the App with a third- party web site or feature. For example, the App may include a feature that enables you to share Content from the App or your Content with a third party, which may be publicly posted on that third party’s App or application. Using this functionality typically requires you to login to your account on the third-party App and you do so at your own risk. 2B LOCAL does not control any of these third-party web Apps or any of their content. You expressly acknowledge and agree that 2B LOCAL is in no way responsible or liable for any such third-party Apps or features. YOUR CORRESPONDENCE AND BUSINESS DEALINGS WITH THIRD PARTIES FOUND THROUGH THE APP ARE SOLELY BETWEEN YOU AND THE THIRD PARTY. You may choose, at your sole and absolute discretion and risk, to use applications that connect the App or your profile on the App with a third-party App (each, an “Application”) and such Application may interact with, connect to or gather and/or pull information from and to your App profile. By using such Applications, you acknowledge and agree to the following: (i) if you use an Application to share information, you are consenting to information about your profile on the App being shared; (ii) your use of an Application may cause personally identifying information to be publicly disclosed and/or associated with you, even if 2B LOCAL has not itself provided such information; and (iii) your use of an Application is at your own option and risk, and you will hold the 2B LOCAL Parties (defined below) harmless for activity related to the Application.
- You agree that you are responsible for all data charges you incur through use of the App.
- We prohibit crawling, scraping, caching or otherwise accessing any content on the App via automated means, including but not limited to, user profiles and photos (except as may be the result of standard search engine protocols or technologies used by a search engine with 2B LOCAL’s express consent).
Rights
- You own all of the content and information that you post on 2B LOCAL. Through your privacy and application settings, you can control how it is shared. For content which is covered by IP rights, such as photos and videos (IP content), you expressly grant us the following permission, subject to your privacy and application settings and subject to the App’s Privacy Policy, available here https://2b-local.com/privacy-policy-2b-local-app including but not limited to sections 3 (“Sharing of Your Information”), 4 (“How We Store Your Information”), and 5 (“Your Choices About Your Information”): You grant us a non-exclusive, transferable, sub-licensable, worldwide license to use any IP content which you post on 2B LOCAL (IP license). This IP license is only for the purpose of making available the 2B LOCAL App and ends when you delete the IP content or, if the IP content has been shared by others, when they delete the IP content (whichever is later). You can choose who can view your Content and activities, including your photos, as described in the Privacy Policy.
- Some of the App is supported by advertising revenue and may display advertisements and promotions, and you hereby agree that 2B LOCAL may place such advertising and promotions on the App or on, about, or in conjunction with your Content. The manner, mode and extent of such advertising and promotions are subject to change without specific notice to you.
- You represent and warrant that: (i) you own the Content posted by you on or through the App or otherwise have the right to grant the rights and licenses set forth in these Terms of Use; (ii) the posting and use of your Content on or through the App does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights; (iii) you agree to pay for all royalties, fees, and any other monies owed by reason of Content you post on or through the App; and (iv) you have the legal right and capacity to enter into these Terms of Use in your jurisdiction.
- The App contains content owned or licensed by 2B LOCAL (“2B LOCAL Content”). 2B LOCAL Content is protected by copyright, trademark, patent, trade secret and other laws, and, as between you and 2B LOCAL, 2B LOCAL owns and retains all rights in the 2B LOCAL Content and the App. You will not remove, alter or conceal any copyright, trademark, App mark or other proprietary rights notices incorporated in or accompanying the 2B LOCAL Content and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the 2B LOCAL Content.
- The 2B LOCAL name and logo are trademarks of 2B LOCAL, and may not be copied, imitated or used, in whole or in part, without the prior written permission of 2B LOCAL, except in accordance with our brand guidelines. In addition, all page headers, custom graphics, button icons and scripts are App marks, trademarks and/or trade dress of 2B LOCAL, and may not be copied, imitated or used, in whole or in part, without prior written permission from 2B LOCAL.
- Although it is 2B LOCAL’s intention for the App to be available as much as possible, there will be occasions when the App may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment. Also, 2B LOCAL reserves the right to remove any Content from the App for any reason, without prior notice. Content removed from the App may continue to be stored by 2B LOCAL, including, without limitation, in order to comply with certain legal obligations, but may not be retrievable without a valid court order. Consequently, 2B LOCAL encourages you to maintain your own backup of your Content. In other words, 2B LOCAL is not a backup App and you agree that you will not rely on the App for the purposes of Content backup or storage. 2B LOCAL will not be liable to you for any modification, suspension, or discontinuation of the Apps, or the loss of any Content. You also acknowledge that the Internet may be subject to breaches of security and that the submission of Content or other information may not be secure.
- You agree that 2B LOCAL is not responsible for, and does not endorse, Content posted within the App. 2B LOCAL does not have any obligation to prescreen, monitor, edit, or remove any Content. If your Content violates these Terms of Use, you may bear legal responsibility for that Content.
- Except as otherwise described in the App’s Privacy Policy, available at https://2b-local.com/privacy-policy-2b-local-app, as between you and 2B LOCAL, any Content will be non- confidential and non-proprietary and we will not be liable for any use or disclosure of Content. You acknowledge and agree that your relationship with 2B LOCAL is not a confidential, fiduciary, or other type of special relationship, and that your decision to submit any Content does not place 2B LOCAL in a position that is any different from the position held by members of the general public, including with regard to your Content. None of your Content will be subject to any obligation of confidence on the part of 2B LOCAL, and 2B LOCAL will not be liable for any use or disclosure of any Content you provide.
- It is 2B LOCAL’s policy not to accept or consider content, information, ideas, suggestions or other materials other than those we have specifically requested and to which certain specific terms, conditions and requirements may apply. This is to avoid any misunderstandings if your ideas are similar to those we have developed or are developing independently. Accordingly, 2B LOCAL does not accept unsolicited materials or ideas, and takes no responsibility for any materials or ideas so transmitted. If, despite our policy, you choose to send us content, information, ideas, suggestions, or other materials, you further agree that 2B LOCAL is free to use any such content, information, ideas, suggestions or other materials, for any purposes whatsoever, including, without limitation, developing and marketing products and Apps, without any liability or payment of any kind to you.
Reporting Copyright and Other IP Violations
- We respect other people’s rights, and expect you to do the same.
- We provide you with tools to help you protect your intellectual property rights.
- If you repeatedly infringe other people’s intellectual property rights, we will disable your account when appropriate.
Disclaimer of Warranties
THE APP, INCLUDING, WITHOUT LIMITATION, 2B LOCAL CONTENT, IS PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER 2B LOCAL NOR ITS PARENT COMPANY NOR ANY OF THEIR EMPLOYEES, MANAGERS, OFFICERS OR AGENTS (COLLECTIVELY, THE “2B LOCAL PARTIES”) MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE APP; (B) THE 2B LOCAL CONTENT; (C) USER CONTENT; OR (D) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO 2B LOCAL OR VIA THE APP. IN ADDITION, THE 2B LOCAL PARTIES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.
THE 2B LOCAL PARTIES DO NOT REPRESENT OR WARRANT THAT THE APP WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE APP OR THE SERVER THAT MAKES THE APP AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. THE 2B LOCAL PARTIES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE APP IS ACCURATE, COMPLETE, OR USEFUL. YOU ACKNOWLEDGE THAT YOUR USE OF THE APP IS AT YOUR SOLE RISK. THE 2B LOCAL PARTIES DO NOT WARRANT THAT YOUR USE OF THE APP IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND THE 2B LOCAL PARTIES SPECIFICALLY DISCLAIM SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO YOU AND THESE TERMS OF USE.
BY ACCESSING OR USING THE APP YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE APP.
THE 2B LOCAL PARTIES DO NOT ENDORSE CONTENT AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY CONTENT.
Limitation of Liability; Waiver
UNDER NO CIRCUMSTANCES WILL THE 2B LOCAL PARTIES BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (A) THE APP; (B) THE 2B LOCAL CONTENT; (C) USER CONTENT; (D) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE APP; (E) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE 2B LOCAL PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY OTHER PARTY’S USE OF THE APP; (F) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (G) ANY ERRORS OR OMISSIONS IN THE APP’S OPERATION; OR (H) ANY DAMAGE TO ANY USER’S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE 2B LOCAL PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE APP). IN NO EVENT WILL THE 2B LOCAL PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL THE 2B LOCAL PARTIES TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OR ACTION EXCEED ONE HUNDRED UNITED STATES DOLLARS ($100.00).
YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF 2B LOCAL’S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEB SITE, APP, PROPERTY, PRODUCT OR OTHER CONTENT OWNED OR CONTROLLED BY THE 2B LOCAL PARTIES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, APP, OR OTHER CONTENT OWNED OR CONTROLLED BY THE 2B LOCAL PARTIES.
BY ACCESSING THE APP, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
2B LOCAL IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.
Indemnification
You (and also any third party for whom you operate an account or activity on the App) agree to defend (at 2B LOCAL’s request), indemnify and hold the 2B LOCAL Parties harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney’s fees and costs, arising out of or in any way connected with any of the following (including as a result of your direct activities on the App or those conducted on your behalf): (i) your Content or your access to or use of the App; (ii) your breach or alleged breach of these Terms of Use; (iii) your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or (v) any misrepresentation made by you. You will cooperate as fully required by 2B LOCAL in the defense of any claim. 2B LOCAL reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of 2B LOCAL.
Jurisdiction for any disputes with users who are consumers:
If you are a consumer habitually residing in the European Union, for disputes with regard to your relationship with 2B LOCAL the arbitration clause in the following Section does not apply. In this case, such disputes will fall under the jurisdiction of the competent courts in your place of residence.
Arbitration for any disputes with users who are not consumers in the European Union:
Except if you opt-out or for disputes relating to: (1) your or 2B LOCAL’s intellectual property (such as trademarks, trade dress, domain names, trade secrets, copyrights and patents); (2) violations of the API Terms; or (3) violations of provisions 13 or 15 of the Basic Terms, above (“Excluded Disputes”), you agree that all disputes between you and 2B LOCAL (whether or not such dispute involves a third party) with regard to your relationship with 2B LOCAL, including without limitation disputes related to these Terms of Use, your use of the App, and/or rights of privacy and/or publicity, will be resolved by binding, individual arbitration administered by the American Arbitration Association under its “Commercial Arbitration Rules and Mediation Procedures” and you and 2B LOCAL hereby expressly waive trial by jury. As an alternative, you may bring your claim in your local “small claims” court, if permitted by that small claims court’s rules. You may bring claims only on your own behalf. Neither you nor 2B LOCAL will participate in a class action or class-wide arbitration for any claims covered by this agreement. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person’s account, if 2B LOCAL is a party to the proceeding. This dispute resolution provision will be governed by the Federal Arbitration Act. In the event the American Arbitration Association is unwilling or unable to set a hearing date within one hundred and sixty (160) days of filing the case, then either 2B LOCAL or you can elect to have the arbitration administered instead by the Judicial Arbitration and Mediation Apps. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Terms of Use.
You may opt out of this agreement to arbitrate. If you do so, neither you nor 2B LOCAL can require the other to participate in an arbitration proceeding. To opt out, you must notify 2B LOCAL in writing within 30 days of the date that you first became subject to this arbitration provision.
You must include your name and business address, the email address you use for your 2B LOCAL account, and a clear statement that you want to opt out of this arbitration agreement.
If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration section will be null and void. This arbitration agreement will survive the termination of your relationship with 2B LOCAL.
Time Limitation on Claims
You agree that any claim you may have arising out of or related to your relationship with 2B LOCAL must be filed within one year after such claim arose; otherwise, your claim is permanently barred.
Governing Law & Venue
If you are a consumer habitually residing in the European Union, these Terms of Use are governed by the laws applicable in your place of residence. In all other cases, these Terms of Use are governed by and construed in accordance with the laws of Germany. For any action at law or in equity relating to the arbitration provision of these Terms of Use, the Excluded Disputes or if you opt out of the agreement to arbitrate, you agree to resolve any dispute you have with 2B LOCAL exclusively in a state or federal court located in Berlin, Germany, and to submit to the personal jurisdiction of the courts located in Berlin, Germany for the purpose of litigating all such disputes.
If any provision of these Terms of Use is held to be unlawful, void, or for any reason unenforceable during arbitration or by a court of competent jurisdiction, then that provision will be deemed severable from these Terms of Use and will not affect the validity and enforceability of any remaining provisions. 2B LOCAL’s failure to insist upon or enforce strict performance of any provision of these Terms will not be construed as a waiver of any provision or right. No waiver of any of these Terms will be deemed a further or continuing waiver of such term or condition or any other term or condition. 2B LOCAL reserves the right to change this dispute resolution provision, but any such changes will not apply to disputes arising before the effective date of the amendment. This dispute resolution provision will survive the termination of any or all of your transactions with 2B LOCAL.
Entire Agreement
If you are using the App on behalf of a legal entity, you represent that you are authorized to enter into an agreement on behalf of that legal entity. These Terms of Use constitute the entire agreement between you and 2B LOCAL and governs your use of the App, superseding any prior agreements between you and 2B LOCAL. You will not assign the Terms of Use or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without the prior written consent of 2B LOCAL. Any purported assignment or delegation by you without the appropriate prior written consent of 2B LOCAL will be null and void. 2B LOCAL may assign these Terms of Use or any rights hereunder without your consent. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid or otherwise unenforceable, the parties nevertheless agree that such portion will be deemed severable from these Terms of Use and will not affect the validity and enforceability of the remaining provisions, and the remaining provisions of the Terms of Use remain in full force and effect. Neither the course of conduct between the parties nor trade practice will act to modify the Terms of Use. These Terms of Use do not confer any third-party beneficiary rights.
Territorial Restrictions
The information provided within the App is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject 2B LOCAL to any registration requirement within such jurisdiction or country. We reserve the right to limit the availability of the App or any portion of the App, to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, App or other feature that 2B LOCAL provides.
The effective date of these Terms of Use is January 11, 2023. These Terms of Use were written in English (US). To the extent any translated version of these Terms of Use conflicts with the English version, the English version controls.