Last Revised: January 9th 2017
You must be over 13 years old in order to use our Services. Our App and Website may redirect you in third party apps and websites. It is within your sole responsibility to comply with the age limits of each third party app and website. Our Services are offered subject to your acceptance without modification of all of the TOU contained herein and all other operating rules, policies and procedures that may be published from time to time on the App and Website by Sporteventus.
Via our App our users ("Users", "you") may discover sports events ("Events") worldwide based on a choice of filters ("Services"). In specific, the App enables sports fans to find sports events worldwide by combining different search criteria, such as type of sport, competition, team, venue and most importantly dates and distance to a specified location. Users are able to purchase tickets for the Events via third party providers ("Ticket Sellers"), add events to their mobile phone's calendar, share events and view directions to venues via third party mobile applications.
a) App Visitors
Registration is optional. App visitors ("Visitors") may access the App freely. However, they are bound by our TOU.
b) Registered Users
Once we receive your registration application, we will create an account ("Account") for you.
Each Account is personal and non transferable. Your rights and obligations to Sporteventus are non transferable either. You are responsible for maintaining the security of your password and Account. You are fully responsible for all activities that occur under this Account and any other actions taken in connection with this Account. You must immediately notify Sporteventus at firstname.lastname@example.org regarding any unauthorized uses of your Account or any other breaches of security. Sporteventus will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
To prevent fraud and abuse, Users are limited to one active Account. Any additional Accounts that are created to circumvent guidelines, promote competitive advantages, or mislead the Sporteventus community shall be disabled. Mass Account creation may result in disabling of all the related Accounts.
3. Our Responsibility to our Users
a) No responsibility for the Ticket Sellers' , Events' websites' and any Third Party's information
Users and Visitors agree and acknowledge that Sporteventus does not perform any quality control, regarding each Ticket Seller's website's and Event's quality, standards, security, accuracy etc . Users and Visitors agree and acknowledge that they have to independently verify the Ticket Sellers' website's and Event's accuracy of information and security standards and make their own due diligence before purchasing a ticket via a Ticket Sellers' website or receiving information about an Event on the third party websites that the User is re-directed via our App. In specific, Sporteventus has no control and no responsibility for the following information posted on our App or on the Ticket Sellers' or Event Organizer's websites or apps:
the Event's date and time
the competition name and phase of the Event
information on the competing teams of the Event
venue of the Event
availability of tickets
Sporteventus merely transfers the above information on the App for the Users' and Visitors' information but has no responsibility nor control on the accuracy and reliability of this information.
In no event shall Sporteventus be liable for any ticket purchase or Event booking via third parties' websites made in reliance on any information available in our App.
b) No responsibility for the geolocation and direction information of third party mobile apps
In no event shall Sporteventus be liable for any misinformation regarding the location of the Event and any erroneous location directions provided by third party mobile applications on our App or on the Ticket Sellers' or Event Organizers' websites.
c) No endorsement of any particular Ticket Sellers' website or Event
Users and Visitors understand and acknowledge that Sporteventus does not make any endorsements of any particular Ticket Sellers' website or Event. However, Sporteventus provides recommendations and suggestions based on the Users' geolocation and choice of filter.
Sporteventus has the right to cooperate with any Ticket Seller or Event Organizer it wishes so and may terminate its cooperation with such Ticket Seller or Event Organizer at any time and for any reason in its absolute discretion.
c) No involvement in Users and Visitors Ticket Purchases and Events' Bookings with Event Organizers
Sporteventus facilitates Users and Visitors to discover Events online and purchase tickets for the Events via Ticket Sellers' websites. Any relationship, arrangement or contract - oral or written - among Users and Visitors and any Ticket Seller or Event organizer ("Event Organizer"), is made directly between Users, Visitors and the Ticket Sellers and/or Event Organizers and Sporteventus is not a party to that relationship, arrangement or contract. Sporteventus is not in any way involved in any transaction between Users, Visitors and the Ticket Sellers and/or Event Organizers. Furthermore, Sporteventus is not responsible for the payment of the purchase price of the Event. The payment of such fees and charges is entirely the Users' and Visitors' responsibility.
Users and Visitors acknowledge that any claim that they may have that is in any way connected with a dispute or a complaint against a Ticket Seller and/or Event Organizer, must be brought directly against that Ticket Seller and/or Event Organizer.
Sporteventus shall not be liable in the event that the ticket is not provided nor delivered to the User although purchased via the Ticket Sellers' website or the Event is not posted or uploaded correctly. Further, the Ticket Seller and the Event Organizer and not Sporteventus are exclusively responsible for posting the ticket information and the Event correctly and without typographical errors.
Sporteventus has no responsibility for any kind of compensation whatsoever to the Users and Visitors in case the Event does not take place for any reason.
Sporteventus acts as a neutral venue, a connecting platform, where Users and Visitors (collectively "You") may spot Events and thereafter purchase tickets via third party websites and attend the Events (collectively "Transaction"). You acknowledge and agree that we are not a party in the Transaction. We are not responsible nor guarantee the proper execution of the Transaction and/or for any quality, safety, or legal issues that may arise between you during or after the execution of the Transaction. YOU ACKNOWLEDGE THAT USERS AND VISITORS PURCHASE TICKETS AND BOOK THE EVENTS FROM THIRD-PARTY WEBSITES. SPORTEVENTUS HAS NO INVOLVEMENT IN THE EXECUTION OF THE TRANSACTION WHATSOEVER AND DISCLAIMS ANY LIABILITY IN THIS REGARD TO THE MAXIMUM EXTENT PERMITTED BY LAW. Sporteventus has no involvement in the collection of the tickets' purchase price and mailing to the purchasers.
You agree that Sporteventus has no responsibility for any kind of compensation in case the Event does not take place for any reason.
We have the right to terminate your Account at any time in the event of violation of these TOU or in the event that Sporteventus determines at its sole discretion that your behavior while using our Services is inappropriate or not in accordance with our standards, rules and/or policies or any federal or state laws. Following the effective date of termination, your Account shall be permanently deleted from our system. Sporteventus reserves its right to seek further remedies against you in case of a violation as described above.
You may terminate your Account at any time pursuant to par. 7 of these TOU.
6. Visitors' & Users' Responsibility
a) The content available on our App and Website is provided for the sole purpose of our Services. You may use and print information from the App and Website for this purpose only and for no other personal or commercial purpose. You may not otherwise copy, display, transmit or distribute any material from the App and Website. If you perform an unauthorized use of the content of our App and Website, we have the right to immediately stop providing our Services to you and terminate your Account.
b) You are responsible for taking precautions as necessary to protect yourself and your computer systems or mobile devices from viruses, worms, Trojan horses and other harmful or destructive content.
c) When using our App and Website, you shall not:
take any action that imposes an unreasonable or disproportionately large load on our (or our third party providers') infrastructure;
interfere with the proper working of the Services we provide or any activities conducted on the Services;
attempt to bypass or circumvent any measures we may use to prevent or restrict access to the Services;
run any form of auto-responder or 'spam' on the Services;
use manual or automated software, devices, or other processes to "crawl" or "spider" any page of the Website or the App;
harvest or scrape any content from the Services;
otherwise take any action in violation of our guidelines and policies;
decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services;
modify, translate, or otherwise create derivative works of any part of the Services;
copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder;
act in such a way that the Services are damaged, interrupted or made less efficient;
manipulate or abuse the Services, or act in such a way that it creates an unreasonable strain on the Services.
Non-permitted use of our Services
The following actions/activities are not permitted on our App and Website:
Adult services & pornography: Sporteventus does not allow any exchange or sharing of adult oriented or pornographic materials and services;
Inappropriate behavior & language: Communication on our App and Website should be friendly, constructive, and professional. Sporteventus condemns bullying, harassment, and hate speech towards others;
Phishing & spam: Sporteventus takes its Visitors' and Users' security seriously. Any attempts to publish or send malicious content with the intent to compromise another Visitors' and Users' Account or computer environment is strictly prohibited. Please respect our Visitors' and Users' privacy by not contacting them for commercial purposes without their consent;
Content: You shall not (and shall not permit any third party to) either (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any content on or through the Services, including without limitation any content, that:
infringes any third party right or violates any law or contractual duty;
you know is false, misleading, untruthful, unlawful, threatening, abusive, harassing, defamatory, fraudulent, pornographic, or is otherwise inappropriate as determined by us in our sole discretion;
constitutes unauthorized or unsolicited advertising, junk or bulk e-mail ("spamming");
contains software viruses or any other harmful computer codes, files, or programs;
includes anyone's identification documents or sensitive financial information;
otherwise interferes with the Services.
Targeted abuse: We do not tolerate Visitors' and Users' who engage in targeted abuse or harassment towards other Visitors' and Users' on our App and Website. This includes creating new multiple accounts;
Fraud / unlawful use - You may not use our App and Website for any unlawful purposes or to conduct illegal activities ;
Selling accounts: You may not buy or sell Sporteventus accounts; and
You agree that you will not use any robot, spider, scraper or other automated means to access the App and/or Website for any purpose without our express written permission.
Sporteventus shall have the right to terminate any Services offered to you and to remove any content posted on the App and Website at its sole discretion, without any compensation or recourse in the event that the relevant content is in breach of any of the provisions above.
7. Termination of the use of our Services
Visitors have the right to terminate our Services at any time by simply stop visiting our Website and using our App.
8. Suspension & disablement of your Account
Sporteventus reserves the right at any time to immediately terminate or suspend your Account or your access to the App and Website without notice, if you breach any of TOU or violate any law or regulation. An event that may result in the termination or suspension of your Account can include but is not limited to: a) any circumvention of the App by you or by others at your direction, b) your creation and/or management of more than one Account for fraudulent reasons and c) any attempt by you to harass, or cause another to harass, or commit inappropriate communications with our Users and Visitors.
Regarding any breach of TOU or any violation of the law or any regulation, Sporteventus also reserves the right to take further action as in its sole discretion considers appropriate or necessary, including removing any material which it deems abusive, illegal, disruptive or inappropriate without the obligation to provide any compensation. Sporteventus shall have the sole and absolute discretion to decide whether you have breached any of the TOU, and such decision shall be final. In case Sporteventus has not exercised the right under this paragraph, it shall not be deemed to be a waiver.
9. Links to third party sites
The App and Website contain links to sites owned or operated by third parties. Such links are provided for your reference only and we do not control such sites and we are not responsible for their content. We reserve the right to terminate a link to a third party site at any time and the fact that we provide a link does not mean that we endorse, authorize or sponsor that site. You are not allowed to upload links of any kind.
10. Service Availability Disclaimer
We will make all reasonable efforts to ensure that the App and Website are available at all times. However, we cannot guarantee that the App and Website or any individual function or feature of the App and Website will always be available and/or error free. The App and Website may be unavailable during periods when we are implementing upgrades or carrying our essential maintenance on the App and Website.
11. Warranty disclaimer / limitation of liability
SPORTEVENTUS DOES NOT GUARANTEE ANY RESULTS FROM USING THE SERVICES. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. USE OF THE SERVICES IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SPORTEVENTUS OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, SPORTEVENTUS, ITS SUBSIDIARIES, ITS LICENSORS AND AFFILIATES, DO NOT WARRANT THAT THE CONTENT IS ACCURATE, TRUE, RELIABLE, CORRECT OR COMPLETE, THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, THAT THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE, THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED OR THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICES.
IN NO EVENT SHALL SPORTEVENTUS, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER. THIS LIMITATION ON LIABILITY INCLUDES, BUT IS NOT LIMITED TO, (I) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR USE OF THE APP AND/OR WEBSITE, (II) ANY LOSS OR DAMAGE DUE TO UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL BUSINESS INFORMATION STORED THEREIN, (III) ANY LOSS OR DAMAGE DUE TO INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR APP AND/OR WEBSITE OR INTEROPERABILITY PROBLEMS, (IV) ANY LOSS OR DAMAGE DUE TO BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR APP AND/OR WEBSITE BY ANY THIRD PARTY, (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT, (VI) ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY, (VII) ANY STATEMENT OR CONDUCT OF ANY THIRD PARTY ON THE APP AND/OR WEBSITE (VIII) ANY LOSS OR DAMAGE RESULTING FROM YOUR USE, OR INABILITY TO USE, ANY PORTION OF OUR APP AND/OR WEBSITE OR FOR ANY LOSS OR DAMAGE OF ANY KIND IN YOUR DATA, (IV) ANY LOSS OF YOUR REVENUE, PROFITS, GOODWILL OR ANY SPECIAL, INDIRECT, CONSEQUENTIAL OR PURE ECONOMIC LOSS, COSTS, DAMAGES, CHARGES OR EXPENSES . THE LIMITATIONS ON LIABILITY APPLY WHETHER LIABILITY IS BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SPORTEVENTUS IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SPORTEVENTUS DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR THE EVENTS' QUALITY, PERFORMANCE AND/OR SAFETY, FOR THE TRUTH AND/OR ACCURACY OF ANY INFORMATION THAT THE TICKET SELLERS' WEBSITES AND EVENT ORGANIZERS PROVIDE ABOUT THE TICKETS AND EVENTS, NOR THEIR RELIABILITY AND ABILITY TO EXECUTE THE TRANSACTION (AS DEFINED IN PAR. 4 OF THESE TOU) OR CONDUCT BUSINESS PROPERLY.
SPORTEVENTUS DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR THE ACCURACY AND VALIDITY OF THE INFORMATION CONTAINED IN ANY TICKET SELLERS' OR EVENT ORGANIZERS' WEBSITE, NEITHER FOR THE TICKET SELLERS' AND/OR EVENT ORGANIZERS' COMPLIANCE WITH ANY LAW, GOOD MORAL, COMMERCIAL PRACTICES AND/OR THESE TOU.
YOU ACKNOWLEDGE AND AGREE THAT SPORTEVENTUS IS NOT A PARTY IN THE TRANSACTION (AS DEFINED IN PAR. 4 OF THESE TOU) CONCLUDED AMONG YOU AND ANY TICKET SELLER AND/OR EVENT ORGANIZER AND IS NOT IN ANY CASE RESPONSIBLE FOR THE PAYMENT OF THE TICKET PURCHASE FEES NOR THE DELIVERY OF THE TICKETS TO YOU. SPORTEVENTUS DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FO R THE EXECUTION OF THE TRANSACTION (AS DEFINED IN PAR. 4 OF THESE TOU) AND/OR FOR ANY QUALITY, SAFETY OR LEGAL ISSUE THAT MAY ARISE BETWEEN THE VISITORS, USERS AND THE TICKET SELLERS AND/OR EVENT ORGANIZERS DURING OR AFTER THE EXECUTION OF THE TRANSACTION.
THE FOREGOING LIMITATIONS OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
You agree to defend, indemnify and hold Sporteventus and its contractors, its licensors, its affiliates and their respective directors, officers, employees and agents harmless from any and all liabilities, costs, and expenses, including attorneys' fees, arising out of your use of our Services, including but not limited to (i) the use of the App and/or Website or your placement or transmission of any message or information on this App and/or Website by you, (ii) your violation of any of the TOU (iii) your violation of any third party right, including without limitation any right of privacy, publicity rights or intellectual property rights, (iv) your violation of any law, rule or regulation, (v) any claim or damages that arise as a result of your use of our Services or (vi) any other party's access and use of the App and/or Website with your unique username, password or other appropriate security code.
In the event that you have a dispute with one or more Ticket Sellers and/or Event Organizers, you release Sporteventus (and our officers, directors, agents, subsidiaries, licensees, promotional partners, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
13. Intellectual property
The TOU do not transfer from Sporteventus to you any Sporteventus or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Sporteventus. Sporteventus's logo and all other trademarks, service marks, graphics and logos used in connection with the App and Website are trademarks of Sporteventus. Other trademarks, service marks, graphics and logos used in connection with the App and Website may be the trademarks of other third parties. Your use of the App and Website grants you no right or license to reproduce or otherwise use any Sporteventus or third-party trademarks. You expressly declare and undertake not to register any domain name that includes the word "Sporteventus" neither to use the word "Sporteventus" in any way that may cause confusion on any advertising service on the internet.
14. Copyright infringement
As Sporteventus asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Sporteventus violates your copyright, you are encouraged to notify Sporteventus at email@example.com. Sporteventus will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Sporteventus will terminate a Visitor's and User's access to the Services if, under appropriate circumstances, they are determined to be a repeat infringer of the copyrights or other intellectual property rights of Sporteventus or others.
As a result of the provision of our Services to you, and whether due to any intentional or negligent act or omission, we may disclose to you or you may otherwise learn of or discover, our documents, business practices, object code, source code, management styles, day-to-day business operations, capabilities, systems, current and future strategies, marketing information, financial information, software, technologies, processes, procedures, methods and applications, or other aspects of our business ("Information"). You hereby agree and acknowledge that any and all of our information is confidential and shall be our sole and exclusive intellectual property and proprietary information. You agree to use our Information only for the specific purposes as allowed in these TOU. Any disclosure of our Information to a third party specifically including a direct competitor is strictly prohibited and will be vigorously challenged in a court of law. All obligations contained herein shall survive the termination of these TOU. Furthermore, you acknowledge that our information is proprietary, confidential and extremely valuable to us, and that we would be materially damaged by your disclosure of our Information. You acknowledge and agree that monetary damages provide an insufficient remedy for the breach of this confidentiality obligation, and that we shall be entitled to injunctive relief.
Sporteventus reserves the right to assign to third parties any rights, licenses, and/or obligations arising out of or relating to these terms without restriction. You may not transfer or assign any of its rights, or delegate any of its duties, under this contract, either in whole or in part (including by merger or operation of law), without the prior written consent of Sporteventus. To the extent the license or any rights or obligations hereunder are transferred, assigned or delegated in a manner that is permitted by these terms, these terms shall be binding upon all your successors and assigns hereto (including any transferee or assignee of all or substantially all your assets and any successor by merger or operation of law).
Sporteventus may amend these TOU at any time by posting a revised version on the Website and App. Each revised version will state its effective date, which will be on or after the date posted by Sporteventus. If the revised version materially reduces your rights or increases your responsibilities, we may post it in advance of the effective date to give you notice. Notification will be provided through the App and Website user interface, or be sent to the email address associated with your Account or otherwise, only in case you have provided us your e-mail address. You agree that Sporteventus shall have no obligation to notify you via e-mail, in the event that you have chosen not to provide your e-mail address during registration on our App.
18. Applicable Law
The present TOU are in conformity with the laws of Delaware. Sporteventus makes no representations that our Services are appropriate or available for use in other countries. Those who access or use our Services from other jurisdictions do so at their own risk and are responsible for compliance with local laws.
Any dispute, claim or controversy arising out of or relating to these TOU or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of these TOU to arbitrate, shall be determined by arbitration in Delaware before one arbitrator. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures. Judgment on the award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.
Any notice to be served on or documentation to be sent to any party to these TOU shall be deemed to be properly served if sent by email or by registered post or delivered by hand to the following email: firstname.lastname@example.org, and address: 1007 N. Orange Street, 4thFloor, Wilmington, Delaware, USA.
21. General Terms
These TOU shall endure for the benefit of and be binding upon the respective administrators, successors and assigns of each party hereto.
All terms, conditions and warranties in these terms are essential terms and a breach or non performance hereto of any terms, conditions, warranties, schedules hereof shall entitle Sporteventus to either terminate your Account and stop providing its Services, and claim damages or terminate without any claim for damages or claim damages without terminating your Account and stop providing its Services.
No failure or delay by Sporteventus in exercising any right or remedy provided by law under or pursuant to these terms shall impair such right or remedy or operate or be construed as a waiver or variation of it or preclude its exercise at any subsequent time and no single or partial exercise of any such right or remedy shall preclude any other or further exercise of it or the exercise of any other right or remedy.
Termination of the Account and termination of Services shall not affect the accrued rights of Sporteventus arising in any way out of these TOU as at the date of termination and, in particular but without limitation, the right to recover damages against the other, and all provisions of these TOU which contemplate or are capable of operation after termination shall survive the termination of the license and shall remain in full force and effect.
If any of the provisions of these TOU become invalid, illegal or unenforceable in any respect under any applicable law, the validity and enforceability of such provision shall not be considered affected in any other jurisdiction and the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired and all of them shall remain in full force and effect so long as the economic or legal substance of the transactions contemplated by these TOU is not affected in any manner materially adverse to any party. Upon such determination that any provision is invalid, illegal, or incapable of being enforced, the parties hereto shall negotiate in good faith to modify these terms so as to effect the original intent of the parties as closely as possible in an acceptable manner to the end that the transactions contemplated hereby are fulfilled.