Last updated: July 12, 2023
Loots Media GmbH offers access to specific features in exchange for payment of a one-time or recurring fee, known as "Paid Services."
If you choose to sign up for and use a Paid Service, your usage and any related transactions are subject to the following:
The terms and conditions outlined in this document, referred to as the "Loots Media GmbH Purchaser Terms of Service," which include the specific terms and conditions applicable to each Paid Service you purchase (listed below).
The applicable Loots Media GmbH Terms of Service, Loots Media GmbH Privacy Policy, and all policies incorporated therein, collectively referred to as the "Loots Media GmbH Terms of Service."
Together, the Loots Media GmbH Purchaser Terms of Service and the Loots Media GmbH Terms of Service constitute the "Terms" mentioned in this document. In this context, "Loots Media GmbH" refers to the Loots Media GmbH entity that provides the Paid Services to you.
Please carefully read and understand the Loots Media GmbH Purchaser Terms of Service, including the applicable terms, conditions, and exceptions.
IF YOU RESIDE IN THE UNITED STATES, THESE TERMS CONTAIN IMPORTANT INFORMATION THAT APPLIES TO YOU REGARDING THE RESOLUTION OF DISPUTES THROUGH COURT (NO ARBITRATION), INCLUDING A WAIVER OF YOUR RIGHT TO PARTICIPATE IN CLASS-ACTION LAWSUITS AND YOUR RIGHT TO OPT OUT. ADDITIONALLY, THESE TERMS LIMIT YOUR ABILITY TO BRING CLAIMS AGAINST LOOTS MEDIA GMBH MORE THAN 1 YEAR AFTER THE RELEVANT EVENTS OCCUR. THESE PROVISIONS AFFECT YOUR RIGHTS AND OBLIGATIONS IN THE EVENT OF A DISPUTE WITH Loots Media GmbH. PLEASE REFER TO SECTION 6 UNDER GENERAL TERMS FOR DETAILED INFORMATION REGARDING THESE PROVISIONS.
By using or accessing any Paid Service(s) provided by Loots Media GmbH, submitting payment, and/or clicking on a button to make a one-time purchase or recurring subscription payments, you agree to be bound by these Terms. If you do not understand or accept any part of the Terms, you may not use or access any Paid Services.
To purchase and use a Paid Service, you must meet the following criteria:
Be at least 18 years old or of the legal age of majority as determined by the laws of your jurisdiction.
Have explicit consent from your parent or guardian to purchase and use the Paid Service if you are under the legal age of majority.
If you are a parent or legal guardian and you allow your child (or a child under your guardianship) to purchase or use a Paid Service, you acknowledge that the Terms apply to you, and you agree to abide by them. You are responsible for your child's activities on the Paid Services and ensuring their compliance with the Terms. As stated in the "Who May Use the Services" section of the Loots Media GmbH Terms of Service, you must be at least 13 years old to use the Loots Media GmbH Service.
If you are accepting these Loots Media GmbH Purchaser Terms of Service and using the Paid Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you have the authority to do so and bind the entity to these Loots Media GmbH Purchaser Terms of Service. In such cases, the terms "you" and "your" used in these Loots Media GmbH Purchaser Terms of Service refer to the entity.
The entity with which you enter into this Loots Media GmbH Purchaser Terms of Service is Loots Media GmbH, . This entity will provide the Paid Services to you.
Loots Media GmbH reserves the right to make changes to these Loots Media GmbH Purchaser Terms of Service periodically. These changes will not apply retroactively, and the most up-to-date version of the Loots Media GmbH Purchaser Terms of Service can be found at https://loots.com/l/purchaser-terms-of-service. This version will govern your use of the Paid Services and any associated transactions. If we modify or revise these Terms after you have agreed to them (for instance, after purchasing a subscription), we will provide you with advance notice of any significant revisions. Such notification may be provided electronically, including through service notifications or emails sent to the email address linked to your account. By continuing to access or use the Paid Services after the revised Terms take effect, you agree to be bound by the updated Loots Media GmbH Purchaser Terms of Service. If you do not agree to these terms or any future revisions, please refrain from using or accessing the Paid Services.
Our Paid Services are subject to ongoing evolution. Therefore, they may be modified or changed at our discretion, either permanently or temporarily, with or without prior notice. We reserve the right to cease providing the Paid Services, including specific features within the Paid Services, to you or to users in general. Loots Media GmbH shall not be held liable to you or any third party for any alterations, suspension, or discontinuation of the Paid Services. The particular terms and conditions provided below for each specific Paid Service outline the process for canceling a subscription or, where applicable, requesting a refund.
Prices for the Paid Services, including recurring subscription fees, may be modified from time to time. Loots Media GmbH will give reasonable advance notice of any significant price changes for the Paid Services. In the case of subscription services, the price changes will take effect at the start of the subsequent subscription period following the date of the price adjustment. If you do not agree with a price change, you have the right to reject the change by canceling your subscription to the relevant Paid Service prior to the revised price coming into effect.
Loots Media GmbH provides various payment options, which may differ depending on the Paid Service, your device and/or operating system, your geographic location, or other factors. These payment options may include the use of "In-app payment" functionality provided by Google or Apple, or making a web payment through Loots Media GmbH's third-party payment processor, Stripe (www.stripe.com - hereafter referred to as "Stripe").
By making a payment, you explicitly agree to the following:
To pay the listed price for the Paid Service, including any additional amounts related to applicable taxes, credit card fees, bank fees, foreign transaction fees, foreign exchange fees, and currency fluctuations.
To comply with any relevant terms of service, privacy policies, legal agreements, or restrictions (including age restrictions) imposed by Google, Apple, or Stripe (as Loots Media GmbH's third-party payment processor) in connection with your chosen payment method. For example, if you opt to make a payment using Apple's in-app purchasing functionality, you agree to adhere to any relevant terms, requirements, and/or restrictions set by Apple.
Any personal data you provide in relation to your use of the Paid Services, including payment information, will be processed in accordance with the Loots Media GmbH Privacy Policy. Loots Media GmbH may share your payment information with payment services providers for purposes such as payment processing, fraud prevention, dispute resolution (e.g., chargebacks or refunds), and other activities related to accepting credit and debit cards. It is your responsibility to ensure that your banking, credit card, debit card, and/or other payment information is accurate, complete, and up to date at all times.
If you make a payment for a Paid Service, we may receive transaction-related information, such as the timing of the transaction, subscription expiration or auto-renewal details, the platform used for the purchase, and other relevant information. Loots Media GmbH will not be held responsible or liable for any errors or delays caused by payment processors, Apple's App Store or the Google Play Store, your bank, your credit card company, or any payment network.
For specific payment terms applicable to each Paid Service, including subscription renewals and other important details, please refer to the Terms and Conditions provided for that particular Paid Service.
It is essential that you adhere to and comply with the Loots Media GmbH Terms of Service at all times. The Loots Media GmbH Terms of Service applies to your use of the Loots Media GmbH Service, including the Paid Services and features. Failure to comply with the Loots Media GmbH Terms of Service, or if Loots Media GmbH believes you have violated it, may result in the cancellation of your Paid Services. Such cancellation is in addition to any enforcement action Loots Media GmbH may take against you as per the Loots Media GmbH Terms of Service. In such cases, you may lose the benefits of your Paid Services, and any amounts you have paid (or pre-paid) for the Paid Services will not be eligible for a refund.
Loots Media GmbH reserves the right to suspend or terminate your access to Paid Service(s) or cease providing you with all or part of the Paid Services (without incurring any liability) at any time and for any reason. This may include, but is not limited to, the following reasons:
All payments made for Paid Services are final and non-refundable or exchangeable, unless required by applicable law. We do not guarantee the nature, quality, or value of a Paid Service or its availability. Refunds or credits will not be provided for any unused or partially used Paid Service, such as a partially used subscription period.
Each purchase of a Paid Service is specific to a single Loots Media GmbH account. This means that your purchase applies solely to the account you used when acquiring the Paid Service and does not extend to other accounts you may have access to or control over. If you have multiple accounts and desire access to Paid Services on each account, you must individually purchase the Paid Service for each account.
You are responsible for paying any applicable taxes, duties, tariffs, and fees associated with the purchase of Paid Services. This includes taxes that must be paid to either Loots Media GmbH or a third-party payment processor. These taxes may include, but are not limited to, VAT, GST, sales tax, withholding tax, and any other relevant taxes. Depending on your location, Loots Media GmbH may have the responsibility to collect and report transaction taxes arising from your purchase of Paid Services.
You grant Loots Media GmbH permission to disclose your account and personal information to relevant tax authorities as required to fulfill our obligations for tax collection and reporting. This ensures compliance with applicable tax regulations.
If you have any questions regarding the Paid Services or these Terms, you can visit the Loots Media GmbH Paid Services Help Center for more information. If you have already purchased a Paid Service, you can also contact us through the support link available in the navigation menu of your Loots Media GmbH account under the payment or subscription settings. If you have additional questions, you can use the "Help with paid features" form to contact us.
Your access to and use of the Paid Services is at your own risk. Loots Media GmbH provides the Paid Services on an "as is" and "as available" basis. Loots Media GmbH disclaims all warranties and conditions, whether express or implied, including but not limited to merchantability, fitness for a particular purpose, or non-infringement. Loots Media GmbH does not warrant the completeness, accuracy, availability, timeliness, security, or reliability of the Paid Services, nor does it guarantee that the Paid Services will meet your requirements or be available uninterrupted, secure, or error-free. You are responsible for your use of the Loots Media GmbH Service, including the Paid Services, and any Content you provide.
To the maximum extent permitted by applicable law, the Loots Media GmbH Entities shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenues, data, use, goodwill, or other intangible losses, resulting from your access to or use of the Paid Services. This includes any conduct or content of any third party posted through the Paid Services, any content obtained from the Paid Services, and unauthorized access, use, or alteration of your transmissions or content. The aggregate liability of the Loots Media GmbH Entities is limited to the greater of one hundred U.S. dollars ($100.00) or the amount you paid Loots Media GmbH, if any, in the past six months for the Paid Services giving rise to the claim. These limitations of liability apply to any theory of liability, whether based on warranty, contract, statute, tort (including negligence), or otherwise, even if the Loots Media GmbH Entities have been informed of the possibility of such damage. The term "Loots Media GmbH Entities" refers to Loots Media GmbH, its parents, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors.
Please note that applicable law in your jurisdiction may not allow for certain limitations of liability. To the extent required by applicable law in your jurisdiction, the above limitation of liability does not apply to the Loots Media GmbH Entities' liability for fraud, fraudulent misrepresentation, death or personal injury caused by their negligence, gross negligence, and/or intentional conduct. To the fullest extent allowed under applicable law, the Loots Media GmbH Entities' maximum aggregate liability for any non-excludable warranties is limited to one hundred U.S. dollars ($100.00).
In the event of a conflict between the provisions of this Loots Media GmbH Purchaser Terms of Service and the Loots Media GmbH User Agreement, the provisions of this Loots Media GmbH Purchaser Terms of Service take precedence solely with respect to your use of a Paid Service.
THIS SECTION APPLIES TO YOU ONLY IF YOU LIVE IN THE UNITED STATES. PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
This section specifically applies to individuals residing in the United States. It governs the agreement between you and Loots Media GmbH regarding loots.com's features or products covered by these Terms. Subject to the exceptions outlined in this section, both you and Loots Media GmbH agree to exclude arbitration as a way to resolve any disputes, claims, or controversies arising from or related to these Terms, the marketing of Paid Services, and/or your participation in the Paid Services (referred to as "Dispute" or collectively as "Disputes").
Most disputes can be resolved informally between you and Loots Media GmbH. If you have already purchased a Paid Service, our support team is available via the support link in the navigation menu of your Loots Media GmbH account under the payment or subscription settings to address any concerns regarding the Paid Services. Please provide a brief description of your concerns, contact information, and the specific relief you seek. Both parties are required to engage in good faith in this informal process regarding any Dispute.
We do not agree to engage in any form of arbitration for dispute resolution. Any disputes or claims arising out of or in connection with our services or these Terms will be subject to the exclusive jurisdiction and venue of the courts located in Amtsgericht Berlin Charlottenburg, Berlin, Germany. By using our services, you agree to submit to the personal jurisdiction of these courts.
Both parties acknowledge that they have the right to sue in court and that each party covers their own costs of litigation.
Any disputes relating to these Terms or the Services will be exclusively brought in the federal or state courts located in Amtsgericht Berlin Charlottenburg, Berlin, Germany. By accepting these Terms, you consent to the personal jurisdiction of these courts and waive any objection regarding an inconvenient forum.
Both you and Loots Media GmbH agree that any claims can only be brought in individual capacities and not as part of a class action or other representative action. The parties expressly waive the right to file or seek relief on a class basis. The court may not consolidate proceedings or claims of more than one person unless both parties agree in writing, and the court may not preside over any representative or class proceeding.
If any part of this Dispute Resolution Agreement cannot be enforced for a particular claim or remedy (such as injunctive relief), that claim or remedy will be severed and must be brought in a court of proper jurisdiction.
We will provide 60 days' notice of any material changes to this Dispute Resolution Agreement. Changes will become effective on the 60th day and will only apply to claims arising after that date.
These Terms will be governed by the laws of the country of Germany and the European Union for any dispute that arises between you and us.
This Dispute Resolution Agreement remains in effect even after the relationship between you and Loots Media GmbH ends, including cancellation of or unsubscribing from any services or communications provided by Loots Media GmbH.
If you have any questions about these Purchaser Terms of Service, You can contact us:
By email: support@loots.com
By visiting this page on our website: https://loots.com/l/purchaser-terms-of-service