Legal Imprint & Disclaimer

Definitions:

We/Us/Our/Max Gain Media means Max Gain Media Ltd.,
a company registered in Malta bearing number C 85041, registered address 170, Pater House, Level 1 (Suite A254), Psaila Street, Birkirkara, BKR 9077, Malta.

You/Your/Yourself means the User of the website

Preparatory

The terms of use contained here relates to Your use of the information provided by MAX GAIN MEDIA on the Website with its domain being https://maxgain-media.com/ as well as requests You may have with respect to Our services. Using Our Website, means You are agreeing to Our Terms of Use which should be read in conjunction with Our Privacy Policy which is also found on Our Website.

Kindly be aware that at times we might carry out some changes to these Terms in order to keep up with changes in technology, in relevant laws and regulatory requirements and also changes in Our system’s capabilities or for any other reason which We may decide based on Our discretion. Your continued access to Our Website shall be considered a continuous acceptance of Our Terms and their amendments.

Our Website contains information in relation to the services we provide. Kindly be aware that the information provided does not amount to any advice. Nevertheless, the information provided on the Website are accurate, complete and up-to-date. Kindly seek legal or professional advice before You act on any of the information contained on Our Website. Kindly note that the services provided on Our Website do not constitute a contractual offer, thus no goods are sold through the Website.

No warranties

This website is provided “as is” without any representations or warranties, express or implied. Max Gain Media Ltd. makes no representations or warranties in relation to this website or the information and materials provided on this website.

Without prejudice to the generality of the foregoing paragraph, Max Gain Media Ltd. does not warrant that:

• this website will be constantly available, or available at all; or
• the information on this website is complete, true, accurate or non-misleading.

Nothing on this website constitutes, or is meant to constitute, advice of any kind.

Disclaimer

Whilst every effort is made to maintain the accuracy of the information on our Website, MAX GAIN MEDIA cannot accept responsibility for any prejudice, loss or damage which may occur from use of the information contained herein. Unless loss or damage is caused due to MAX GAIN MEDIA’s negligence or willful misconduct, MAX GAIN MEDIA expressly disclaims any and all liability whatsoever occasioned pursuant to anything done or omitted to be done wholly or partly in reliance upon the contents of this Website, or any part thereof. MAX GAIN MEDIA further expressly disclaims any and all liability in respect of any loss or damage suffered by any person of the information contained on this Website.

Any liability of MAX GAIN MEDIA arising from any technical inaccuracies shall be excluded to the extent permitted by law. Furthermore MAX GAIN MEDIA shall not be held liable for any delay whatsoever in the performance or else the failure of its obligations if such delay or failure is a result of events that are beyond Our control. Also, MAX GAIN MEDIA shall not be liable for any losses incurred by You as a result of third parties services which are outside Our control whether such services are used by You in order to access Our Website or they are used by Us in order to comply with Your instructions.

MAX GAIN MEDIA shall not be held liable for any losses You may incur through the accessing of third parties Websites from Our Website. Moreover, it is up to Our discretion to modify or suspend temporarily or permanently the use of Our Website without prior notice. By accessing Our Website You are agreeing that MAX GAIN MEDIA shall not be held liable for any modification or suspension occurring on Our Website.

We will not be liable or responsible for any failure to perform, or delay in performance of, any service which is exclusively provided by Our Website and which is caused by events outside Our reasonable control (“Force Majeure Event”).

A Force Majeure Event includes any act, event, non-happening, omission or accident beyond Our reasonable control and includes in particular (without limitation) the following:

• Strikes, lock-outs or other industrial action;
• Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
• Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
• Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
• Impossibility of the use of public or private telecommunications networks;
• The acts, decrees, legislation, regulations or restrictions of any government.

You shall indemnify and hold harmless MAX GAIN MEDIA and all its employees, officers and affiliates from any third party claims, damages that shall arise from Your infringement of any intellectual property rights, Your breach of these Terms of Use, Your breach of any confidence principle, any defamatory statements that You would have made or the infringement of any other right without limitation whatsoever.

Copyright

Kindly be aware that the entire content of this Website forms part of the intellectual property of MAX GAIN MEDIA, including but not limited to the rights of copyright, with all such rights reserved in terms of applicable law.  Unless otherwise authorised in writing by MAX GAIN MEDIA or in accordance with the terms of this Disclaimer and Terms of Use, You are hereby binding Yourself not to redistribute, transmit, re-transmit, copy, publish or otherwise utilise in any way any content of the Website. Without prejudice to the above, this Website and the material found therein (including, but not limited to, text, artwork, photographs, images, music, audio/video/audio-visual material and computer code – hereinafter in this notice referred to as “Material”) is owned by Us and/or Our licensors, where applicable. In using this website, you are agreeing to a worldwide, non-exclusive, royalty-free and revocable licence limitedly to access to the website and all the Material found herein by using a web browser from any compatible device having internet access.

You may download, store and use the Material for your own personal use and research or that of your firm or company. You may not republish, retransmit, redistribute or otherwise make the Material or any part thereof available to any other party or make the same available on any website, on-line service or bulletin board of your own or of any other party or make the same available in hard copy or on any other media without MAX GAIN MEDIA’s express prior written consent. Subject to applicable law, You may however share content from this website through social media, subject to You including a clear note that such content is being shared from Our website.

Max Gain Media is a registered trademark with the EUIPO of Max Gain Media Ltd. The word or mark, “Max Gain Media” however represented, including stylise representations, all associated logos and symbols, and combinations of any of the foregoing with another word or mark, used on this Portal are the registered trademark of Max Gain Media Ltd. or one of its holding or associated companies. Max Gain Media Ltd. is the sole entity in Malta authorised to use such mark.

All other rights are reserved.

Pixabay license — Use of pictures and videos

Images and videos on Pixabay are provided under the Pixabay license with the following conditions. The Pixabay license gives you an irrevocable, worldwide, non-exclusive and royalty-free right to use, download, copy and modify the images and videos for commercial and non-commercial purposes. It is not necessary to name the author of the image or Pixabay, but we appreciate a voluntary indication of the source.

The Pixabay license does not allow this:

the sale or distribution of images or videos in digital form, especially as stock photos or digital wallpapers;
the sale or distribution of images or videos, for example as posters, digital prints or physical products, without adding additional elements or otherwise creating added value;
portraying identifiable persons in an insulting, pornographic, obscene, immoral, defamatory or libellous manner; or
the suggestion that depicted persons, brands, organizations, etc. endorse or approve certain products or services, unless permission has been granted

Please note that although all content on Pixabay is free for commercial and non-commercial use, elements shown in the images and videos, such as identifiable persons, logos and brands, may be subject to additional copyrights, property rights, personal rights, trademark rights, etc. The consent of a third party or the licence of these rights may be required in particular for commercial applications. Pixabay does not guarantee that such consents or licenses have been obtained and expressly disclaims any liability in this regard.

More information on this subject can also be found on the Pixabay website: https://pixabay.com/de/service/terms/

Severability

If any of these terms and conditions are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

Governing Law

This Disclaimer and Terms of Use and the related Privacy Policy set out in this Website shall be governed by and interpreted and construed in accordance with Maltese Law. By accessing this Disclaimer and Terms of Use You are agreeing that the governing Law is Maltese Law.

Jurisdiction

The Courts of Malta shall have exclusive jurisdiction over all claims or disputes arising in relation to or in connection with this Website and its use. By accessing this Disclaimer and Terms of Use You are agreeing that the Courts of Malta shall have exclusive jurisdiction.