Data communication via the Internet cannot be guaranteed to be error-free and available at all times given the current state of technology. The respective THE FIZZ is therefore neither liable for the constant and uninterrupted availability of the online systems used by it nor for technical and electronic errors of a tele media service over which it has no control, in particular not for disruptions such as the loss, delay, postponement, change, manipulation or misrouting of e-mails which have their cause in external data networks, in external telephone lines or other hardware or software of the participants or third parties. The same applies to disturbances with regard to the input, recording, transmission and storage of data, in particular also for faulty, missing, interrupted, deleted or defective data records.
Furthermore, no liability is assumed if emails or data entries do not meet the requirements set out there and are consequently not accepted or assumed by the system. The respective THE FIZZ is also not liable in the event of theft or destruction of the systems or storage media storing the data. The same applies in the event of unauthorised alteration or manipulation of the data by the participants or third parties.
The respective THE FIZZ shall only be liable for damages other than those resulting from injury to life, body or health if these are based on intentional or grossly negligent actions by him or his vicarious agents. In the event of a culpable breach of an essential contractual obligation, the respective THE FIZZ is also liable for negligent breaches of duty. Essential contractual obligations are those obligations which make the execution of the contract possible in the first place and on whose compliance the participant may regularly rely. In this case, however, liability is limited to foreseeable damages typical for the contract. Any further liability is excluded.