Limitation of Liability

Sections 13(b)-(c) and 14 of the User Terms and Section 10 of the Creator Terms do not apply. In addition, the limitations of liability as set out in 2 (g), 3 (c) and (e), 4(d), 6 (b) 9 (b)-(c), 13 (a) of the User Terms and 5 (a) (ii) of the Creator Terms shall not apply. Instead, Alchemy Studios shall be liable for damages exclusively according to this clause.

Alchemy Studios’ liability is unlimited for damages arising out of death, injury to body or health based on a breach conducted by a legal representative or designated agent of Alchemy Studios, as well as for damages that arise from the lack of a guaranteed characteristic or in case of fraudulent intent.
Alchemy Studios’ liability is unlimited for damages caused by Alchemy Studios, a legal representative of Alchemy Studios, or designated agent of Alchemy Studios by intent or gross negligence.

In case of a slight negligent breach of a contractual core duty Alchemy Studios shall, except in the cases set out in Section 7A, B and D of this Appendix C, only be liable to the amount of the typically foreseeable damage.

Contractual core duties abstractly are such duties whose accomplishment enables proper fulfilment of the contract in the first place and whose fulfilment a contractual party regularly may rely on.

Liability pursuant to mandatory applicable law remains unaffected.
The limitation period for claims for damages shall be one (1) year, except in the case of Section 7A, B and D of this Appendix C where the statutory statute of limitations shall apply.