1. This is an agreement between you and kripu.com
This is an agreement ("Agreement") between you and Kripu.com webservices UG (haftungsbeschränkt), follows as "kripu.com". This Agreement governs your use of any Web site or Web page operated by kripu.com. You represent that you are at least 18 years of age and have attained the age of majority in the province, state or country in which you reside, and any information that you submit is correct.
kripu.com offers the web sites to you conditioned on your acceptance without modification of this Agreement. Your use of the web sites constitutes your acceptance of this Agreement.
Kringelundpunkte reserves the right to change the terms, conditions, and notices under which it offers the Web Sites, including any charges associated with the use of the Web Sites. You are responsible for regularly reviewing these terms, conditions and notices, and any additional terms posted on any Web Site. Your continued use of the Web Sites after the effective date of such changes constitutes your acceptance of and agreement to such changes.
3. Additional Terms
Any Web Site may itself contain additional terms (for example, codes of conduct or guidelines) that further govern use of that Web Site, including without limitation, particular features or offers (for example, sweepstakes). If any terms contained in this Agreement conflict with any terms contained within a Web Site, then the terms in this Agreement shall control.
4. No unlawful or harmful use of the web sites
You will not use the Web Sites in any way that is unlawful, or harms kripu.com, its affiliates, resellers, distributors, service providers and/or suppliers (each, a "kripu.com Party" and collectively, the "kripu.com Parties") or any customer of a kripu.com Party, as determined in kripu.com's sole discretion. Kripu.com may tell you about certain specific harmful uses in a code of conduct or other notices available through a Web Site, but has no obligation to do so. You may not use the Web Sites in any way that breaches any code of conduct, policy or other notice applicable to the Web Sites. Without limiting the generality of this section, you may not use the Web Sites in any manner that could damage, disable, overburden, or impair any Web Site (or the network(s) connected to any Web Site) or interfere with any other party's use and enjoyment of the Web Sites.
5. Spam is prohibited and causes Damage; Spam filtering technology
Without limiting the generality of Section 4, you will not use the Web Sites to transmit, either directly or indirectly, any unsolicited bulk e-mail or unsolicited commercial e-mail. You will not use the Web Sites in any way that violates the kripu.com Anti-Spam Policy. A breach of any part of the Anti-Spam Policy is a breach of this Agreement. Kripu.com may use filtering technology or other measures in its efforts to stop unsolicited bulk e-mail and unsolicited commercial e-mail, and if your use of the Web Sites includes e-mail related services, then such filtering technology or other measures may block, either temporarily or permanently, some e-mail sent to you through the Web Sites even if such e-mail does not violate the Anti-Spam Policy.
6. Materials you post or provide; communications monitoring
For materials you post or otherwise provide to kripu.com related to the Web Sites (a "Submission"), you grant kripu.com permission to (1) use, copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, modify, translate and reformat your Submission, each in connection with the Web Sites, and (2) sublicense these rights, to the maximum extent permitted by applicable law. Kripu.com will not pay you for your Submission. Kripu.com may remove your Submission at any time. For each Submission, you represent that you have all rights necessary for you to make the grants in this section. To the maximum extent permitted by applicable law, kripu.com may monitor your e-mail, or other electronic communications and may disclose such information in the event it has a good faith reason to believe it is necessary for purposes of ensuring your compliance with this Agreement, and protecting the rights, property, and interests of the kripu.com Parties or any customer of a kripu.com Party.
Kripu.com grants to you a non-exclusive, revocable, personal, non-transferable license to use such software solely in connection with the Web Sites and in accordance with this Agreement. Kripu.com reserves all rights to such software not expressly granted to you in this Agreement. Such software is protected by copyright and other intellectual property laws and treaties. Kripu.com or its suppliers own the title, copyright, and other intellectual property rights in such software, and such software is licensed, not sold.
8. Information available from the web sites
Kripu.com and its suppliers do not warrant or guarantee the accuracy or timeliness of any information available from the Web Sites, even if such information appears in any e-mail, pager, cell phone or other alerts available through the Web Sites.
Kripu.com provides the web sites "as is", "with all faults" and "as available", and the entire rist as to satisfactory quality, performance, accuracy, and effort is with you. To the maximum extent permitted by applicable law, the kripu.com parties make no representations, warranties or conditions, express or implied. The kripu.com parties disclaim any and all warranties or conditions, express, statutory and implied, including without limitation (1) warranties or conditions of merchantability, fitness for a particular purpose, workmanlike effort, accuracy, title, quiet enjoyment, no encumbrances, no liens an non-infringement, (2) warranties or conditions arising through course of dealing or usage of trade, and (3) warranties or conditions that access to or use of the web sites will be uninterrupted or error-free. There are no warranties that extend beyond the face of this Areement.
10. Liability limitation; your exclusive remedy
In no event will any kripu.com party be liable for any damages, including without limitation any indirect, consequential, special, incidental, or punitive damages arising out of, based on, or resulting from this Agreement or your use of the web sites, even if such kripu.com party has been advised of the possibility of such damages. The exclusion of damages under section 10 is independent of your exclusive remedy and survives in the event such remedy fails of its essential purpose or is otherwise deemed unenforceable. These limitations and exclusions apply without regard to whether the damages arise from (1) breach of contract, (2) breach of warranty, (3) negligence, or (4) any other cause of action, to the extent such exclusion and limitations are not prohibited by applicable law. If you are dissatisfied with the web sites, you do not agree with any part of this Agreement, or you have any other dispute or claim with or against any kripu.com party with respect to this agreement or the web sites, then your sole and exclusive remedy is to discontinue using the web sites.
11. Changes to the web sites; additional liability limitation
The kripu.com parties may change the web sites or delete features in any way, at any time and for any reason. As you use the Web Sites, you should expect to receive, access or use information, materials, graphics, software, data and content (collectively, "Content") originated by kripu.com and persons other than kripu.com (any such person is referred to as a "Third Party").
Without limiting the generality of sections 9 and 10, you acknowledge and agree that kripu.com parties are not responsible or liable for (1) any content, including without limitation, any infringing, inaccurate, obscene, indecent, threatening, offensive, defamatory, tortious, or illegal content, or (2) any third party conduct, transmissions or data. In addition, without limiting the generality of sections 9 and 10, you acknowledge and agree that kripu.com is not responsible or liable for (1) any viruses or other disabling features that affect your acces to or use of the web sites, (2) any incompatibility between the web sites and other web sites, services, software and hardware, (3) any delays or failures you may experience in initiating, conducting or completing any transmissions or transactions in connection with the web sites in an accurate or timely manner, or (4) any damages or costs of any type arising out of or in any way connected with your use of any services available from third parties though links contained on the web sites. The limitations, exlusions and disclaimers in sections 9, 10, and 11 of this Agreement apply to the maximum extent permitted by applicable law, and are not intended to deprive you ao any mandatory protections provided to you under applicable law.
12. Termination; access restriction
kripu.com may terminate this Agreement, or terminate or suspend your access to the Web Sites at any time, with or without cause, with or without notice. Upon such termination or suspension, your right to use the Web Sites will immediately cease. Upon such termination or suspension, any information you have stored in the web sites may not be retrieved later.
13. Choice of law and location for resolving disputes
If this Agreement is with kripu.com, claims for enforcement, breach or violation of duties or rights under this Agreement will be adjudicated under the laws of the State of Federal Republication of Germany, without reference to conflict of laws principles. If this Agreement is with a kripu.com affiliate, claims for enforcement, breach or violation of duties or rights under this Agreement will be adjudicated under the laws of the place of incorporation for such kripu.com affiliate, without reference to conflict of laws principles. All other claims, including, without limitation, claims under or for violation of consumer protection laws, unfair competition laws, and in tort, will be adjudicated under the laws of the country to which the subject Web Sites are directed. If this Agreement is with kripu.com, you hereby irrevocably consent to the exclusive jurisdiction and venue of state or federal courts in Germany in all disputes arising out of or relating to the use of the Web Sites.
14. Interpreting the Agreement, assignment
If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this Agreement will continue in effect. Kripu.com may assign this Agreement, in whole or in part, at any time with or without notice to you. You may not assign this Agreement, or assign, transfer or sublicense your rights, if any, in the Web Sites. Except as expressly stated herein, this Agreement constitutes the entire agreement between you and kripu.com with respect to the Web Sites and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and kripu.com with respect to the Web Sites. The section titles in the Agreement are solely used for the convenience of the parties and have no legal or contractual significance.
15. You have limited time to bring your claim
You and kripu.com agree that any cause of action arising out of or related to the web sites must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
16. Copyright and trademark notices; other acknowledgements
All contents of the Web Sites are Copyright © 2007 Kripu.com. All rights reserved.
The names of actual companies and products mentioned herein may be the trademarks of their respective owners. The example companies, organizations, products, domain names, e-mail addresses, logos, people, places and events depicted herein are fictitious. No association with any real company, organization, product, domain name, e-mail address, logo, person, places or events is intended or should be inferred. Any rights not expressly granted herein are reserved.
Certain software used in certain Web Sites servers is based in part on the work of the Independent JPEG Group. Copyright © 1991 -1996 Thomas G. Lane. All rights reserved.