|
|
Terms of use
Please Read the Following Terms of Use Carefully
This Web site (the Web Site) is provided by Model Worxx GmbH subject to
the following terms of use, as modified by Model Worxx (Terms of Use).
By using this Web Site or any application provided through this Web Site,
you are agreeing to these Terms of Use.
Web Site Content
The Web Site contains trademarks, service marks, copyrighted material
and other content owned by Model Worxx and others (Content). As between
you and Model Worxx, Model Worxx is the sole owner of all Content on the
Web Site, including all copyrights, trademarks and other intellectual
property rights. You may not download, copy or save any Content or any
portion of it, for any purpose, except you may print a copy of individual
screens appearing as part of the Web Site solely for your personal use
or records, provided that any logos, marks or other legends that appear
on the copied screens remain and are not removed from the printed copy.
Except as expressly permitted in these Terms of Use, you may not modify,
copy, publish, display, transmit, adapt or in any way exploit the Content
without the prior written permission of Model Worxx.
User Content
All information (other than personal information, which is governed by
our Privacy Policy), including data, text, files, graphics and other materials
that you transmit to the Web Site or supply to Model Worxx is referred
to as User Content. By transmitting User Content on or through this Web
Site, you agree that you are solely responsible for the transmission,
accuracy, completeness, ownership and publication of that User Content,
and that Model Worxx is not responsible for your transmission of the User
Content.
By transmitting User Content to Model Worxx or
otherwise making User Content available on or through the Web Site, you
grant Model Worxx a royalty-free, world-wide, perpetual, irrevocable,
non-exclusive and fully sub-licensable right and license to use, reproduce,
modify, adapt, publish, translate, create derivative works from, distribute
and display that User Content, in whole or in part, and/or to incorporate
it in other works in any form, media or technology, and you agree that
any "moral rights" in that User Content has been waived.
Model Worxx does not monitor, review or edit
User Content posted or made available on or through the Web Site. However,
Model Worxx reserves the right, in its sole discretion, to refuse, edit
or remove any User Content, in whole or part, that in Model Worxx' judgment
does not comply with these Terms of Use, is illegal, or is otherwise undesirable,
inappropriate or inaccurate. Model Worxx is not responsible for any decision,
lack of decision or delay in editing or removing User Content.
Conduct
You may not transmit in any way User Content on or through the Web Site
that: (i) infringes any proprietary rights of any party or person; (ii)
is unlawful, harmful, threatening, abusive, harassing, defamatory, obscene,
deceptive, fraudulent, sexually graphic, hateful, or invasive of another's
privacy; (iii) victimizes, harasses, degrades, or intimidates an individual
or group on the basis of race, ethnicity, gender, religion, sexual orientation,
age, or disability; (iv) contains unsolicited or unauthorized advertising,
promotional materials, "spam," "chain letters," or
any other form of solicitation; or (v) contains software viruses or any
other computer code, files or programs that may interrupt, destroy or
limit the functionality of any computer software or hardware or telecommunications
equipment or contribute to any other similarly destructive activity.
You also agree that you will not: (i) impersonate
any person or entity or falsely state or otherwise misrepresent your affiliation
with a person or entity; (ii) forge or otherwise manipulate User Content
in order to disguise the origin of any User Content; (iii) interfere with
or disrupt the Web Site or servers or networks connected to the Web Site,
or disobey any requirements or policies of networks connected to the Web
Site; (iv) infiltrate or otherwise seek to gain unauthorized access to,
or compromise the integrity of, the Web Site; (v) collect or store information
about the Users of the Web Site or the User Content posted by others on
the Web Site or use such information for any purpose inconsistent with
the purpose of the Web Site; or (vi) violate any applicable local, state,
national or international law or regulation.
Linked Sites
Model Worxx may provide links to third parties' Web sites or applications
(Linked Sites). Linked Sites are not necessarily reviewed, controlled
or examined by Model Worxx. Each Linked Site may have its own terms of
use and privacy policy, and the user must be familiar and comply with
all such terms and policies when using a Linked Site. Model Worxx is not
responsible for the content, availability, policies or practices of any
Linked Site, or any additional links contained therein. These links do
not imply Model Worxx’ endorsement of the Linked Resources or any
company or service. Further information
Privacy Policy
We encourage You to read our Privacy Policy, which is incorporated by
reference into these Terms of Use.
Disclaimer of Warranties
THIS WEB SITE IS PROVIDED "AS IS" AND "AS AVAILABLE,"
WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED.
WITHOUT LIMITING THE FOREGOING, Model Worxx SPECIFICALLY DISCLAIMS ANY
AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (i) ANY WARRANTIES
CONCERNING THE AVAILABILITY, ACCURACY, APPROPRIATENESS, RELIABILITY, TIMELINESS
OR USEFULNESS OF THE WEB SITE AND THE CONTENT THEREIN; AND (ii) ANY WARRANTIES
OF TITLE, WARRANTY OF NON-INFRINGEMENT, WARRANTIES OR CONDITIONS OF MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE.
Limitation of Liability
IN NO EVENT WILL Model Worxx, ITS OFFICERS, DIRECTORS, EMPLOYEES, PARENTS,
AFFILIATES, SUCCESSORS OR ASSIGNS, BE LIABLE TO ANY PARTY (i) FOR ANY
INDIRECT, DIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES
(INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS,
BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE),
OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY, USE,
RELIANCE ON, OR INABILITY TO USE THE WEB SITE, EVEN IF Model Worxx OR
ITS AGENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS
OF THE FORM OF ACTION.
Indemnification
By using the Web Site, you agree to defend, indemnify and hold Model Worxx,
its affiliates, officers, directors and employees harmless from any and
all claims, liabilities, costs and expenses, including reasonable attorneys'
fees, arising in any way from your use of the Web Site, any violation
of these Terms of Use by You, or any User Content you transmit on or through
the Web Site.
Copyright Agent
If you believe that information or any other material has been used on
the Site in a manner that constitutes copyright infringement, please provide
our Copyright Agent with an e-mail or other written notice with the following
information:
* an electronic or physical signature of a person
authorized to act on behalf of the owner of the exclusive right that is
allegedly infringed;
* identification of the copyrighted work claimed to have been infringed;
* a description of where the material is located on the Web Site;
* your address, telephone number, and e-mail address;
* a statement of your good faith belief that the disputed use is not authorized
by the copyright owner, its agent, or the law;
* a statement by you, under penalty of perjury, that the information in
your notice is accurate and that you are the copyright owner or authorized
to act on the copyright owner’s behalf.
Changes to Terms of Use
Model Worxx may change these Terms of Use from time to time in its sole
discretion, without actual notice. Any change will appear on this page
of the Web Site. You are encouraged to check for changes to these Terms
of Use regularly. By using the Web Site following any modifications to
these Terms of Use, you agree to be bound by any such modifications.
|
|
