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Terms of Use

Introduction

These following Terms of Use apply to the website Kizedi offered by TB Online Media UG and/or its subsidiaries as well as the associated services (collectively referred to as “Kizedi Site”). The General Terms of Use may in a specific case be supplemented, modified or replaced by additional terms and conditions, e.g. for the purchase of merchandise. You are deemed to have accepted the application of these Terms of Use at the time you log in or, where no special log in is required, at the time you start using the Kizedi site.

Copyright and Other Intellectual Property Rights

© 2018 Copyright TB Online Media UG (Kizedi). All rights reserved. The content of the Kizedi Site, including, but not limited to, their web pages, programs, graphics, illustrations, audio, videos, scripts, texts as well as the arrangement of same on the Sites are subject to copyright protection and other laws protecting intellectual property.

The content of the Kizedi Site may not be used for commercial, business and/or public purposes, in particular it may not be copied, distributed, modified or made accessible to third parties. Any copies made of the content must contain a Kizedi copyright notice. Notices of protected rights may not be removed.

Membership

1. Conclusion of contracts/registration

1.1 Completion of the registration process by the User results in contract of use between us (TB Online Media UG (haftungsbeschränkt)) and the User.

1.2 We are entitled to refuse to issue an invitation or make a registration without giving reasons.

1.3 A membership account may be opened only on the basis of the User’s up-to-date e-mail address which is simultaneously to be used to communicate with the us. For the purpose of registration, the User is obligated to truthfully provide all details requested. The use of fictitious names is not permitted.

Users whose particulars change during the course of their membership are obligated to promptly adapt their membership profile accordingly.

1.4 Users will receive confirmation via e-mail to the effect that they have duly been registered complete with password-protected access authorisation (“Access Data”). They may not disclose their access data to third parties are required to treat them confidentially and must protect them from any unauthorised access. Users are obligated to promptly advise us of any clues to the unauthorised use of access data by third parties.

1.5 Each User may be registered only once as of the given point in time. Following termination of the given contract by us, the User may not re-register except with the express consent of us.

2. Usage

2.1 Any use of www.kizedi.com must strictly be confined to the contractual scope. Any improper or unlawful usage, exploitation, exercise of influence on or change of the subject websites is inadmissible. It is in particular forbidden to use www.kizedi.com

  • for the performance or encouragement of anticompetitive activities including advertising other shopping communities or progressive customer canvassing practices such as chain, pyramid or snowball systems;
  • to copy or readout content such as offers, listings or databases for commercial purposes;
  • for using content of a pornographic, defamatory, offensive, racist or threatening nature, content incompatible with youth protection law or otherwise unlawful or unethical, or for advertising, offering or distributing products of this nature;
  • for spreading malware;
  • for uploading content curtailing or infringing the rights of third parties or rights protected by copyright except where the User holds the pertinent rights or acts with the right holder’s approval;
  • for curtailing the accessibility of the subject services and performances by other members including by intercepting news, spreading spam and transmitting news serving a commercial purpose;
  • The use of temporary email addresses
  • For publishing the names, addresses, telephone or fax numbers, e-mail addresses, membership names or other contact data of messenger services.

2.2 The User has no claim to the constant availability of specific functionalities of the portal. We are anxious to ensure the proper functioning of its portal. This is naturally confined to such performances as can be influenced by us.

2.3 We are entitled to restrict its performances in whole or in part, temporarily or permanently if this is required on account of maintenance works, capacity shortages, server security or integrity, for the implementation of technical measures or due to other events not subject to its control.

2.4 We do not accept members under the age of 18. If the User is under 18 years old he may use our services only with the involvement of a parent or guardian.

3. Rights of use

3.1 To the extent that Users are given the opportunity to publish content of their own such as evaluation reports, the following rules shall apply:

By exercising the opportunity to transmit content of its own the User grants us the rights of use as the latter requires for the publication and processing of all or part of such content. Such rights of use are unlimited in terms of time, space and substance, irrevocably authorising, among other things, the transfer of the subject content and of the rights of use proper to third parties to the extent that this serves the purposes of publication and processing. The rights of use granted specifically include the right of reproduction, the right of distribution and the right of communication to the public, in particular by making content available to the public. The User waives the right to copyright notice. This provision does not affect the User’s right to grant third parties rights to content posted using specific licensing models.

3.2 We are entitled but not obligated to store, publish, delete or shorten Users’ own content.

3.3 All rights to the portal’s content belong to us. The User is not allowed to reproduce, disseminate and/or publish content posted on the website, other users or third parties.

3.4 Contents of www.kizedi.com respectively are protected by copyright law, trademark law or database law. Such website content may not be copied, disseminated, reproduced or in any other way used except with the consent of the rights’ holders. The same is true for copying with the help of robots, crawlers or other automated techniques.

4. Termination

4.1 The Parties may at any time terminate their membership by e-mail (addressed in case of termination by the User to support@dev.kizedi.com or by contacting the support on the website) without giving reasons and without being required to observe a notice period. The right of termination without notice for good cause remains unaffected.

4.2 Obligations arising from contracts concluded remain unaffected by termination.

4.3 A termination means that no future payments are charged to the User’s account. The termination of a recurring billing product does not generate a refund – it will only stop any future payments.

Trademarks

Unless provided otherwise, all trademarks on this Website are protected trademarks of TB Online Media UG (Kizedi) or one of its licensors. This applies in particular to brands, collection labels, logos and emblems.

No License

You are not granted an explicit or implicit license or any other right to use the content of the KizediSite unless you first obtain the written consent of TB Online Media (Kizedi) or the respective licensor. Any improper use of the content is strictly forbidden and TB Online Media (Kizedi) will institute civil and criminal proceedings in relation thereto.

Information Sent to Kizedi

All comments, suggestions, ideas and other content which you send to or otherwise make available to Kizedi (Information Sent) will be treated as non-confidential. Kizedi is not obliged to treat the Information Sent confidentially. Kizedi will be entitled to use and exploit the Information Sent free of charge.

Liability for Information Sent

You will be liable for ensuring that none of the information you send violates the rights of third parties, including, but not limited to, copyrights, trademarks, patent rights, business secrets, privacy or other personal rights or intellectual property rights. In connection with the aforegoing, you will be required to indemnify Kizedi against all third-party claims, including the reasonable costs of legally defending its rights.

User Behavior

You are strictly prohibited while using the Kizedi Site (I) from inflicting damage on people (especially on minors) and from violating their rights of personality, (II) from behaving in a manner that violates public policy, (III) from sending content that is libelous, defamatory, obscene, insulting, pornographic or which glorifies violence or invades the privacy of another person, and (IV) from infringing industrial property rights or copyright or other proprietary rights and from advertising goods or services and from soliciting transfers of economic benefit.

User activities which are aimed at disabling the Kizedi Site or at least making its use more difficult are forbidden and may lead to Kizedi instituting civil or criminal proceedings.

You are also prohibited from using the Kizedi Site for any purpose that is unlawful. In particular, you are not permitted to register third parties at the Kizedi Site for a subscription to a newsletter or similar publication (e.g. my account) without their knowledge and express consent.

Kizedi may block your access to the Kizedi Site at any time, including, but not limited to, where you breach your duties under these Terms of Use.

User Age

We do not accept Visitors/Users under the age of 18. If the User is under 18 years old he may use our services only with the involvement of a parent or guardian.

Registration and Password

Some of the Kizedi Site may be password protected or some Sites that were previously freely accessible may now require that you register. You have no right to demand that Kizedi register you. Kizedi may at any time revoke your login authorization and block your login data without giving reasons, including, but not limited to, where (I) you made a false statement at the time you registered, (II) you violated the law when using the Kizedi Site or (III) you have, for an extended period of time, not used the Kizedi Site.

All information that you supply when registering must be truthful and you must notify Kizedi without delay of any changes which subsequently affect the information supplied.

After you have successfully registered, you will automatically receive an e-mail notifying you that your account has been set up. Your e-mail address will at the same time be your user name for your account. During the registration process you will be asked to choose and submit a password. After you log into your account, you may change your password if you wish. You must keep your user ID and password confidential, may not make them available to any third party and must protect your user ID and password from access by unauthorized third parties. You will be responsible for any misuse of your user ID or password.

Liability

You are responsible for all your actions at or in connection with the Kizedi Site.

Kizedi strives to ensure that these Site is administered and maintained with due care. Nonetheless, Kizedi does not warrant that the information contained on the Kizedi Site is error-free or accurate or that access to the Kizedi Site will be uninterrupted. Furthermore, it disclaims any liability for lost, damaged or deleted downloads.

Kizedi accepts no liability for any damage arising directly or indirectly from the use of the Kizedi Site. Nothing in these Terms of Use excludes or limits Kizedi’s liability in cases of intentional harm, gross negligence, injury to life, body or health, fraudulent concealment of a defect or breach of a material contractual obligation where liability is mandatory. Kizedi’s liability for damages for breach of a material contractual provision will, however, be limited to the usual foreseeable damage except in cases involving its intentional wrongdoing or gross negligence.

Statutory liability which does not require fault on the part of Kizedi – for example, in the case of statutory liability under a guarantee – will remain unaffected by the limitations of liability stated above.

No Advice in Making of Profits / Earnings Disclaimer

The author, the editor and the publisher of the present website have taken great care in order that the information correspond to the current state of knowledge. But this does not release the reader/viewer from the obligation to verify by means of further written sources of information as to whether the information given there is different from that given in the present website, and to make its prescription under its own responsibility.

The data provided in this website are for information only. The examples, calculations etc. shown in the website do not constitute any representations or warranties that the reader/viewer can achieve turnover or profits with these. Realization of turnover and/or profits mainly depends on the precise business model, the product and other factors of the reader/viewer. Therefore, the author, the editor and the publisher cannot assume any liability that the reader/viewer will be successful with the application of the principles presented in the website.

Before beginning any project, review the instructions carefully and if any doubts or questions remain, consult local experts or authorities. Because legal provisions and regulations are constantly changing always check with authorities to ensure that the project complies with applicable local law and regulations. The present website is no substitute for such a contractual relationship with a qualified service provider, in particular for a consultation or treatment by a specialist. The author, the editor and the publisher assume no responsibility for any information, errors, omissions or other inconsistencies contained in the present website.

Links/ Content of Third Party Sites

To the extent that the Kizedi Site mirror other Internet sites which are operated by third parties or contain links to such sites, Kizedi assumes no liability for the content of these sites nor does it endorse them or their content. Kizedi is not responsible for the content of such sites. Your use of such sites is at your own risk.

You are not permitted to post any content to the Kizedi Site unless Kizedi has requested you to do so or has explicitly made the necessary applications available. As a rule, Kizedi has no control or influence over the content posted by users of the Kizedi Site or other third parties. The persons responsible for such content are the users or third parties who posted such content, but not Kizedi.

Changes/ Improvements

Kizedi reserves the right to amend these Terms of Use as well as to modify the content and structure of the Kizedi Site at any time. The right reserved above will also include the right to make certain offerings and services subject to payment or to discontinue them entirely.

Miscellaneous / Jurisdiction / Governing Law

The courts of Kempten will have jurisdiction if you are a “merchant” within the meaning of the German Commercial Code (Handelsgesetzbuch – HGB).

As stated in the relevant website credits, the individual web pages of the Kizedi Site are operated by TB Online Media UG (haftungsbeschränkt), Germany, and/or its subsidiaries. The aforementioned are also responsible for the individual pages of the Kizedi Site. The web pages comply with the requirements in the country in which the responsible company has its domicile. Kizedi assumes no responsibility for the fact that information and/or content made available on the Kizedi Site can be accessed or downloaded at places outside of the relevant country. Where users access Kizedi Site from places outside of the relevant country, they will bear sole responsibility for compliance with the pertinent laws of such country.

The laws of the Federal Republic of Germany will apply. The application of the UN Convention on Contracts for the International Sale of Goods (CISG) is excluded.

Impressum (Imprint / About Us)

TB ONLINE MEDIA UG (haftungsbeschränkt)
Schulstrasse 6
D-87733 Markt Rettenbach
Germany
Email: support@kizedi.com

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