GCC - General Club Conditions

1. Introduction

1.1 Welcome to Cultura Alemã, a private network.

1.2 Cultura Alemã owns and retains all registered and unregistered rights to the Cultura Alemã website and its services, as well as the trademarks, logos, and other intellectual property used. All copyrights to the content of the Cultura Alemã websites belong to Cultura Alemã.

1.3 Cultura Alemã provides its members and users (hereinafter referred to as "you" or "user") with information and a network platform on the Cultura Alemã websites (multiple top-level domains as well as under various associated subdomains and aliases of these domains), subject to the following terms and conditions (General Club Terms or "GCT"). All websites on which Cultura Alemã provides the Cultura Alemã services are collectively referred to as the "Websites" or "Internet Sites". These GCT govern the contractual relationship between the prospective member and Cultura Alemã, regardless of which website the user registers or logs in on. By electronically registering your membership, you confirm that you have read and accepted these General Club Terms and unconditionally and conclusively agree to comply with and acknowledge them.

1.4 In the event of a violation of these General Club Terms, in particular the membership criteria, data protection regulations, rules and guidelines of Cultura Alemã, Cultura Alemã reserves the right, at its discretion, to temporarily restrict, suspend or terminate membership.


2. Membership conditions and Accession Criteria

2.1 To foster trust among members and between members and the club, Cultura Alemã imposes the following cumulative conditions for membership:
The services offered by Cultura Alemã are generally aimed at adults. Members must be at least 18 years old. The club primarily aims to bring together Brazilian and German-speaking citizens from around the world. The club may reject applicants and members who have a criminal record or who commit a criminal offense during their membership.

2.2 Cultura Alemã reserves the right to conduct background checks and to exclude members who provide false information.

2.3 Members of the club have the opportunity to invite others to join the club, provided that these individuals meet the membership criteria. Cultura Alemã expects its members to invite only reputable individuals from their own social or family circles and to exclude those who could damage the reputation of Cultura Alemã or its membership. Cultura Alemã reserves the right, at its discretion, to limit, expand, temporarily suspend, or prohibit the invitation rights for individual members or for all club members.

2.4 By becoming a member of Cultura Alemã, you confirm that you accept the membership terms and conditions. As a member, you may only have one membership. You are not permitted to share a membership profile with another person. If you are excluded from membership for any reason, you are not permitted to create an alternative profile. Sales and commercial activities (apart from those on the future marketplace module), transferring a membership profile to another person, or using a profile that is not your own are not permitted. If a member violates any of these conditions, the club is entitled to terminate the membership and delete the member profile.

2.5 Your participation in Cultura Alemã is based on the assumption that all personal information you provide is true. If you provide misleading or false information, Cultura Alemã is entitled to suspend your member profile on the club's websites and terminate your membership.

2.6 The use of aliases, stage names, or pseudonyms is generally not permitted.


3. Terms of Use and Service

3.1 The use of the Cultura Alemã website and membership are subject to these General Terms and Conditions. Cultura Alemã reserves the right to restrict, withdraw, or expand its services without prior notice and to reject or terminate a membership if these Terms are violated.

3.2 The use of Cultura Alemã is intended for private and personal use. Companies or other legal entities may only use Cultura Alemã with the express prior written consent of Cultura Alemã. Membership is generally not available to legal entities.

3.3 Cultura Alemã will only provide other members with data and/or information provided by a member if such data does not violate any laws or these Terms, and has not been restricted or completely prohibited by the respective member in their settings or privacy preferences. Cultura Alemã reserves the right to remove content posted by you or other members at its own discretion and without prior notice, particularly if such content is, among other things, illegal, threatening, defamatory, fraudulent, obscene, or otherwise unacceptable because it violates intellectual property or the privacy of others. Any use of the services and content offered on the website, except for the options provided by Cultura Alemã, requires the prior written consent of Cultura Alemã.

3.4 The member acknowledges that 100% availability of the Cultura Alemã website is technically not feasible. However, Cultura Alemã endeavors to keep its website available as consistently as possible. In particular, maintenance, security, or capacity issues, as well as events beyond the control of Cultura Alemã (such as disruptions of public communication networks, power outages, etc.), may lead to short-term disruptions or the temporary suspension of services on the website.

3.5 Cultura Alemã provides members with a platform to connect with other members or with club partners, and only provides the technical applications that enable general contact between members. If members enter into contracts with each other via the club's website or if members enter into contracts with club partners, Cultura Alemã is not involved in this and is therefore not a contracting party and is in no way responsible or liable for the processing and fulfillment of such contracts or for any resulting breaches of duty. The members, users, or partners are solely responsible for the processing and fulfillment of the contracts concluded.

3.6 Cultura Alemã endeavors to monitor the content on its website. By using the website, you acknowledge that you are aware that you may encounter material that you may disagree with or find offensive. You agree that you cannot hold Cultura Alemã liable for this. Cultura Alemã only provides other members with data and/or information provided by a member if such data and/or information does not violate any laws or these Terms. Cultura Alemã is entitled to remove unlawful content from the website without prior notice.

3.7 The accuracy, truth, or reliability of the content on the Cultura Alemã website, whether in member profiles, groups, guides, forums, or elsewhere, is not confirmed, guaranteed, or warranted by Cultura Alemã. Cultura Alemã does not support any opinions expressed by individual members in groups, guides, forums, or elsewhere.

3.8 By posting content or information on its website, you automatically grant Cultura Alemã the right to publish this content worldwide, unrestricted, free of charge, for an unlimited period, and irrevocably on its website.

3.9 Cultura Alemã may also provide the offer or services (software, registration, administration, hosting, log-in, etc.) through cooperation partners and/or external service providers.

3.10 Cultura Alemã provides links to third-party websites (external links) whose content is beyond the control of Cultura Alemã. Cultura Alemã is not responsible or liable for the content, products, services, or other material of external links, nor for any damages or losses resulting from the use of this content, products, services, or other material.


4. Registration: assurance upon registration

4.1 Before using certain services of the Cultura Alemã website, the user must register and thereby becomes a member. By completing the registration process, the user submits an offer to conclude a contract for the use of the Cultura Alemã website. Cultura Alemã accepts this offer by activating the user for the services of the Cultura Alemã website. Through this acceptance, the user becomes a member and the contract between the member and Cultura Alemã is concluded.

4.2 The member assures that all data provided during registration is true and correct. The member is obliged to inform Cultura Alemã immediately of any changes to their membership data. As a rule, the member may not use pseudonyms, stage names, or aliases.

4.3 The member assures that they are of legal age at the time of registration and meet the membership criteria.

4.4 When registering for certain services, the member chooses a password that is automatically encrypted by Cultura Alemã and therefore cannot be passed on to third parties by Cultura Alemã. The member is obliged to keep their password secret. Cultura Alemã will never ask the member for their password.

4.5 Each member may only register once and create only one member profile for future services.

4.6 Cultura Alemã cannot technically verify with certainty whether a member registered with Cultura Alemã is actually the person that the member claims to be. Cultura Alemã therefore does not guarantee the actual identity of a member. Each member must therefore convince themselves of the identity of another member.

4.7 Cultura Alemã reserves the right to exclude members who do not meet the membership criteria and to refuse any registration. Therefore, there is no entitlement to membership.


5. Duties as a member

5.1 Cultura Alemã is committed to fostering a friendly, welcoming, and safe online community. On our platform and associated social media channels, members can expect a private and trustworthy space. Given the diverse nature of our community, we have established these guidelines to ensure a positive experience for everyone. These rules apply to all existing and future services, including groups, marketplaces, and other features. By becoming a member of Cultura Alemã, you agree to abide by these guidelines.


5.2 All members must:

5.2.1 Ensure that all information provided during registration is truthful and accurate.

5.2.2 Only upload clear, identifiable photos of yourself. Ensure that you have the necessary rights to share these photos publicly.

5.2.3 Abide by all applicable laws and respect the rights of others. This includes refraining from:
- Posting offensive, defamatory, or harmful content
- Sharing pornographic or illegal material
- Spamming or harassing other members
- Infringing on copyrights or other intellectual property rights
- Engaging in unfair competition

5.2.4 Refrain from engaging in activities such as:
- Sending chain letters or spam
- Promoting pyramid schemes or multi-level marketing
- Sending unsolicited or sexually suggestive messages

5.2.5 Respect the privacy of others and avoid sharing personal information without consent.


5.2.6 You may not use the website to:

5.2.6.1 Collect or harvest email addresses or other contact information from the website for the purpose of sending unsolicited messages.

5.2.6.2 Use the website in a way that could damage, disable, overburden, or impair the website or its associated services.

5.2.6.3 Employ bots, spiders, or other automated tools to collect information from the website.

5.2.6.4 Upload, post, or share any content that is harmful, threatening, illegal, defamatory, abusive, harassing, vulgar, obscene, fraudulent, or invasive of another person's privacy.

5.2.6.5 Upload videos that are not personal or private in nature, or that were not created by you as original art or animation.

5.2.6.6 Post content on behalf of another person or entity.

5.2.6.7 Share personal information of others, such as addresses, phone numbers, or credit card numbers.

5.2.6.8 Collect personal information from individuals under the age of 18 or use personal information for commercial or unlawful purposes.

5.2.6.9 Upload, post, or share any content that contains viruses, malware, or other harmful code.

5.2.6.10 Post content that promotes, glorifies, or provides instructions for illegal activities.

5.2.6.11 Post any content that is considered offensive, disruptive, or harmful to Cultura Alemã or its members.


5.2.7 Members are solely responsible for the content (including data, text, images, videos, animations, graphics, and links) that they make accessible or distribute to their own contact network, other Cultura Alemã members, or the internet and search engines via Cultura Alemã. It is therefore the member's responsibility to ensure that the content is lawful and does not infringe on the rights of third parties.

5.2.8 Members are prohibited from making accessible or distributing content that violates laws, the rights of third parties, or good morals. In addition, the binding rules and code of conduct for all members must be observed, which may be stricter than applicable laws.

5.2.9 Before uploading an image file, the member must ensure that they have the exclusive usage rights to the photo or file and that the public accessibility of the image file does not violate any laws, good morals, and/or the rights of third parties.

5.2.10 Members are prohibited from uploading, posting, or making publicly accessible to Cultura Alemã any image files, videos, animations, graphics, or links that contain depictions of violence, and/or that contain sexual, discriminatory, insulting, racist, defamatory, or otherwise unlawful content or depictions. It is also prohibited to upload to Cultura Alemã any image files, videos, animations, graphics, or links that exclusively or primarily depict company, brand, or other trademarks or other protected signs.

5.2.11 If photographies, videos, animations, graphics, or links uploaded to Cultura Alemã show, in addition to the member, one or more other persons, these image files, videos, animations, graphics, or links may only be uploaded to Cultura Alemã if the consent of the third party or parties has been obtained.

5.2.12 Cultura Alemã reserves the right to remove image files, videos, animations, graphics, or links and/or links to other members without prior notice if there is concrete evidence that the public accessibility violates laws, good morals, and/or the rights of third parties and/or this GCC.


5.3 The following actions are prohibited for the user:

5.3.1 The use of mechanisms, software, or scripts in connection with the use of the Cultura Alemã websites is prohibited. However, the member may use the interfaces or software made available to them by Cultura Alemã as part of the services offered on the Cultura Alemã websites.

5.3.2 Blocking, overwriting, modifying, or copying, insofar as this is not necessary for the proper use of the services of the Cultura Alemã websites, is prohibited.

5.3.3 Copying by means of robot/crawler search engine technologies is, for example, not necessary for the proper use of the services of the Cultura Alemã websites and is therefore expressly prohibited.

5.3.4 The dissemination and public reproduction of content from the Cultura Alemã websites or from other members, as well as any action that is likely to impair the functionality of the Cultura Alemã websites or the Cultura Alemã infrastructure, in particular to overload it, is prohibited.


5.4 At no time and for no purpose, occasion, or advertising may you use the name or logo of Cultura Alemã unless Cultura Alemã has expressly consented to such use.

5.5 Trust is a top priority at Cultura Alemã. False statements about your person, the use of aliases or pseudonyms, and untrue information in your profile will result in the suspension and deletion of your member account and termination of your membership.

5.6 It is not permitted to monitor data from the Cultura Alemã website, to copy, collect, archive, or sell or trade personal data or information about other members.

5.7 It is not permitted to use application programs, data recovery programs, or programs that copy, locate, or archive data from Cultura Alemã.

5.8 It is not permitted to disseminate or publish electronic or printed content from the Cultura Alemã website, as well as the names of members, unless Cultura Alemã has expressly consented. It is also not permitted to share the content of the website with persons who are not members of Cultura Alemã, to transmit it to others, or even to sell it.

5.9 Cultura Alemã should be protected from unwanted factors. Therefore, do not distribute or send unsolicited advertising or unauthorized advertising, promotional materials, spam emails, chain letters, pyramid schemes, or any kind of advertising to other members. It is also forbidden to harass, harass or disturb other members.

5.10 You are solely responsible for the confidentiality and use of your data, your possible username and password. You are also responsible for all activities that originate from your account, regardless of whether they were carried out with or without your knowledge or consent. If you knowingly disclose your login data to another person, your membership may be temporarily or permanently revoked. Cultura Alemã is not liable for activities emanating from your account if access was gained by entering your username and password. If you discover the unauthorized use of your member account by unknown third parties, you are obliged to inform Cultura Alemã immediately.

5.11 Cultura Alemã may not be used for illegal activities in any country or under any legal system.

5.12 No member is permitted to post content or start discussions, for example in a forum, that Cultura Alemã considers to be insulting, indecent, abusive, obscene, discriminatory, unlawful or otherwise objectionable. In particular, members are prohibited from using insulting or defamatory content, regardless of whether such content concerns other members, Cultura Alemã, its employees or partners or other persons or companies, from using pornographic or youth protection law-violating content or from advertising, offering or distributing pornographic or youth protection law-violating products, from unreasonably harassing other members (in particular through spam), and from engaging in or promoting anti-competitive activities, including progressive customer acquisition (such as chain, snowball or pyramid schemes).

5.13 It is not permitted to post or initiate content or discussions in forums, or to use legally protected content, or to advertise, offer, or distribute legally protected goods or services without being authorized to do so, thereby infringing on the patents, trademarks (e.g., through copyright, trademark, patent, design, or utility model law), trade secrets, copyrights, or other proprietary rights, whether of a personal, business, or governmental nature, of third parties.

5.14 The following harassing actions are explicitly prohibited, even if they do not specifically violate any laws:
- Sending chain letters
- Sending identical private messages to multiple users
- Conducting, promoting, and supporting pyramid schemes (such as multi-level marketing or multi-level network marketing) or lewd or sexually suggestive communication (explicit or implicit).

5.15 The following actions are expressly prohibited for users of the Cultura Alemã website:
- The use of mechanisms, software, or scripts in connection with the use of the Cultura Alemã websites. However, users of the Cultura Alemã websites may use the interfaces or software provided to them by Cultura Alemã as part of the services offered on the Cultura Alemã websites.
- Blocking, overwriting, modifying, or copying, unless this is necessary for the proper use of the services of the Cultura Alemã websites. Copying through “robots/crawlers” or other search engine technologies, for example, is not necessary for the proper use of the services of the Cultura Alemã websites and is therefore expressly prohibited.
- The distribution and public reproduction of content from the Cultura Alemã websites or from other members, as well as any activity that could impair the functionality of the Cultura Alemã website infrastructure, particularly those that excessively burden it.

5.16 By completing the registration process, the member gives their final consent to these ACBs and confirms their membership with Cultura Alemã.

5.17 Furthermore, the member irrevocably agrees that their personal information may also be visible to others in a member profile, according to the settings determined by the member within the privacy settings. It is up to each member to make their personal information partially or fully accessible to others according to their own settings.

5.18 Additionally, the member irrevocably agrees that only the founders and moderators of groups have the right to select their members. They can freely decide whom they wish to accept as a member of their group.

5.19 Partner offers are accessible to all members or, at the sole discretion of Cultura Alemã, to restricted groups of members. Cultura Alemã acts only as an intermediary in the contracts with partners. The terms and conditions and privacy policies of the respective partner companies, which handle the entire booking process and are also the contracting parties and contact persons for the members, apply to the partner offers.


6. Changes to the services on the Cultura Alemã websites

Cultura Alemã reserves the right to modify, supplement, or offer alternative services on the Cultura Alemã platform.


7. Webmaster support

The club member can submit questions and explanations about Cultura Alemã, specific webpages, or the services of Cultura Alemã using the contact form available on every page of the Cultura Alemã websites.


8. Duration of membership and termination

8.1 Membership can be terminated by both the member and Cultura Alemã immediately and without giving reasons.

8.2 When terminating the membership, the member must provide the username and an email address registered on the Cultura Alemã websites.

8.3 Profile information will be removed from the website and can no longer be accessed.

8.4 Any termination of membership by Cultura Alemã is done in the interest of the purpose of Cultura Alemã or in the interest of the entire community.

8.5 The proprietary rights of Cultura Alemã, disclaimers, indemnifications, limitations of liability, and other provisions of these General Club Conditions also apply after the end of the membership.

8.6 After the termination of your membership, you can only rejoin Cultura Alemã as a member with the explicit consent and invitation of the responsible parties at Cultura Alemã.


9. Termination of membership by Cultura Alemã

9.1 A termination of membership by Cultura Alemã occurs exclusively when the continuation of the membership is unreasonable for Cultura Alemã, considering all the circumstances of the individual case and balancing the interests of Cultura Alemã and the member. Reasons for termination include, but are not limited to:
- Non-compliance with legal regulations by the member,
- Violation by the member of their contractual obligations, particularly these ACBs,
- The reputation of the services offered on the Cultura Alemã websites is significantly impaired by the member’s presence (e.g., if it turns out after the user’s registration that the member has been convicted of a serious crime),
- The member violates the rules (e.g., group policies, guidelines, or marketplace policies) of Cultura Alemã,
- The member promotes associations or communities—or their methods or activities—that are monitored by security or youth protection agencies,
- The member assaults one or more other members, or
- The member is part of a cult, a controversial religious community, or a right-wing or left-wing extremist association.

9.2 If there is a reason for termination, Cultura Alemã may alternatively refrain from terminating the membership and impose the following sanctions against the member:
- Removal of content posted by the member,
- Issuance of a warning, or
- Blocking access to individual or all Cultura Alemã websites or to individual or all Cultura Alemã services.


10. Responsibility for content, data, photos, videos, graphics, likes and/or information of the member

10.1 Cultura Alemã assumes no responsibility for the content, data, photos, videos, graphics, and/or information provided by members on the Cultura Alemã websites, as well as for content on linked external websites. Cultura Alemã does not guarantee that this content is accurate, fulfills a specific purpose, or can serve such a purpose.

10.2 If a user notices any unlawful, contractual, or rule-violating use of the Cultura Alemã websites (including the use of pseudonyms or deceptive identities), they can report it using the control form accessible from every page of the Cultura Alemã websites.


11. Disclaimer, Release and Limitations

11.1 Cultura Alemã and its affiliated companies, licensors, licensees, partners, suppliers, consultants, and intermediaries ("Cultura Alemã") are not responsible or liable for the accuracy, content, completeness, legality, reliability, functionality, or availability of information or materials provided by members and users across all of the Cultura Alemã websites. Cultura Alemã is also not responsible or liable for any conduct of its members..

11.2 Claims for damages—regardless of the legal basis—against Cultura Alemã (including its vicarious agents), which assume negligence, do not exist and are excluded if a fundamental contractual obligation / cornerstone duty has been breached.

11.3 The member indemnifies Cultura Alemã from all claims, including claims for damages, made by other members or third parties against Cultura Alemã due to a violation of their rights by content posted by the member on the Cultura Alemã websites. The member also indemnifies Cultura Alemã from all claims, including claims for damages, made by other members or third parties against Cultura Alemã due to the violation of their rights through the use of the Cultura Alemã websites' services by the member. The member bears all reasonable costs incurred by Cultura Alemã due to a violation of third-party rights, including reasonable costs for legal defense. All further rights and claims for damages of Cultura Alemã remain unaffected.

11.4 If the member’s content infringes third-party rights, the member will, at Cultura Alemã's choice and at the member's own expense, either secure the right for Cultura Alemã to use the content or render the content free of intellectual property rights. If third-party rights are infringed through the member’s use of the services on the Cultura Alemã websites, the member will immediately cease the unlawful and/or non-contractual use upon request by Cultura Alemã.

11.5 The service of Cultura Alemã, all materials, information (including, without limitation, all information or materials accessible and available through the use of the Cultura Alemã websites), products, and services are offered "as is" and Cultura Alemã assumes no warranties or liabilities. Cultura Alemã explicitly and fully disclaims, to the extent legally possible, any express warranties, statutory guarantees, and statutory liabilities. This also includes, without limitation, any assurances regarding fitness for use, suitability for a particular purpose, and compliance with proprietary rights.

11.6 Users of the Cultura Alemã websites agree that the use of the Cultura Alemã websites is at their own risk. They agree to indemnify Cultura Alemã against any third-party claims arising in any way from the use of the services or the use of the Cultura Alemã websites. This also applies to liability or costs arising from claims, losses, or damages (actual and consequential damages), legal disputes, judgments, litigation, and attorney's fees of any kind.


12. Data protection

12.1 Cultura Alemã is based on trust and privacy. Cultura Alemã is aware that members place great importance on the sensitive handling of all personal data they provide to Cultura Alemã. All personal information provided to Cultura Alemã will be treated with the utmost discretion and care.

12.2 Cultura Alemã therefore complies with relevant legal data protection regulations and will not unlawfully disclose or otherwise make members' personal data known to third parties.

12.3 Details regarding the processing of members' data are regulated in the privacy policy of Cultura Alemã, which is accessible from any of the Cultura Alemã websites.

12.4 Cultura Alemã strives to create a trustworthy and secure environment. However, Cultura Alemã assumes no responsibility if other members copy and publish the content you post on the website elsewhere.


13. General Provisions

13.1 Final Provision: These General Club Conditions, the Club Rules, and the Code of Conduct comprehensively govern the entire contractual relationship between the user of the websites or the member of Cultura Alemã and Cultura Alemã regarding the aforementioned subjects. The ACBs supersede all prior or current oral or written agreements or arrangements made on these matters. Any waiver of any provision of these General Club Conditions, regardless of which party, must be in writing and signed by one party. In the event of a waiver of one or more provisions of these General Club Conditions by a user of the websites or a member, Cultura Alemã reserves the right to prohibit the use of the Cultura Alemã websites or to terminate the membership.

13.2 Assignment: Membership or the usage relationship is personal to the member/user. Membership is not inheritable, transferable, tradable, or assignable. Furthermore, the member is not permitted to assign these General Club Conditions or any rights and obligations arising from them, in whole or in part, either by their own initiative or by law, without the express consent of Cultura Alemã. Any transfer or assignment of membership is null and void and will not be recognized. Cultura Alemã is permitted to assign, transfer, or delegate all rights and obligations arising from the contractual relationship.

13.3 Conflicting Clauses: Where a conflict exists or appears to exist between individual provisions of these General Club Conditions (ACB) and specific provisions for the use of particular sections or modules of the Cultura Alemã websites, the specific provisions for the use of these sections or modules shall take precedence over the conflicting provisions of the ACB with regard to the use of the corresponding section or module.

13.4 Right to Amend: Cultura Alemã reserves the right to change or supplement these General Club Conditions (ACB) at any time without prior notice and without stating reasons. By continuing to use the website as a member after such changes, you confirm your agreement with the changes and acknowledge that the applicable ACBs are binding on you. Therefore, Cultura Alemã recommends that its members regularly review the General Club Conditions.

13.5 Rights to Content: By posting a contribution, such as in the guide, magazine, or forums, the member grants Cultura Alemã an unrestricted, irrevocable, and transferable right to use the respective contribution, particularly for the permanent retention and display of the contribution on the Cultura Alemã websites.

13.6 Publication of Content: Cultura Alemã holds the usage rights to all contributions and content on the websites it operates. Reproduction or use of the contributions or their content in other electronic or printed publications is not permitted without the express written consent of Cultura Alemã.

13.7 Waiver: The failure by Cultura Alemã to exercise any rights under the General Club Conditions (ACB) or specific usage terms for particular sections or modules, such as granting extensions of time, whether explicitly or implicitly, does not constitute a waiver of these rights by Cultura Alemã, either for the future or for the current matter, unless Cultura Alemã explicitly declares such a waiver in writing and specifies its scope.

13.8 Correspondence: Unless otherwise agreed, you, as a member or user of the websites, may send all communications to Cultura Alemã via email. Cultura Alemã may send communications to you via email to the address you provided as your current contact address in your registration or in the contact form. These communications are considered effective.

13.9 Force Majeure: Cultura Alemã cannot be held liable under any circumstances for delays or non-performance that are directly or indirectly due to natural forces, acts of God, or uncontrollable circumstances. This includes, but is not limited to, the following reasons: Internet outages, computer equipment failures, software issues, telecommunications equipment failures, server problems, equipment malfunctions of any kind, power outages, strikes, labor disputes, riots, civil unrest, shortages of materials or labor, fires, floods, storms, explosions, natural disasters, political actions, war, orders of national or international courts, third-party non-performance, losses or fluctuations due to heat, light, or air conditioning.

13.10 Severability Clause: Should any individual provisions of these General Club Conditions (ACB) be or become invalid or unenforceable, the validity or enforceability of the remaining provisions shall not be affected. The contracting parties agree to replace an invalid or unenforceable provision with a valid and enforceable provision that most closely reflects the economic intent and purpose of the invalid provision. This also applies in the case of contractual gaps.

13.11 Written Form: This contract and any amendments to it must be made in writing. There are no side agreements.

13.12 Applicable Law and Jurisdiction: These ACB are governed by the laws of Brazil. They remain effective even in the event of conflicting legal provisions at the member's or user's place of residence. The place of performance is the location of Cultura Alemã. The parties agree that the exclusive jurisdiction is Brazil.

Cultura Alemã
Uwe Schwarz

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