T&C



A. TERMS AND CONDITIONS OF USE
PLEASE READ THESE TERMS AND CONDITIONS OF SERVICE BEFORE USING THIS SITE. By continuing to access or use this site, or any service on this site, you signify YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS OF SERVICE. Webfact reserves the right to amend, remove, or add to these terms and conditions at any time without notice. Such modifications shall be effective immediately. Accordingly, please continue to review these terms and conditions of service whenever accessing or using this site. Your use of the site, or any service on this site, after the posting of modifications to these terms and conditions of service will constitute YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS OF SERVICE, as modified. If, at any time, you do not wish to accept the terms and conditions of service, you may not use the site. Any terms and conditions proposed by you which are in addition to or which conflict with these terms and conditions of service are expressly rejected by webfact and shall be of no force or effect.
1. User Consent to Terms and Conditions of Service. You represent that you have read and agree to be bound by the terms and conditions of service (”TOS”) for www.webfact.de. You further agree: (a) to comply with German law regarding the transmission of any data obtained from the Service (as defined herein) in accordance with the TOS; (b) not to use the Service for illegal purposes; and (c) not to interfere or disrupt networks connected to the Service.

2. Intellectual Property. This Web site, including but not limited to text, content, photographs, video, audio and graphics (the “Service”), is protected by copyrights, trademarks, service marks, international treaties and/or other proprietary rights and laws of Germany and other countries. The Service is also protected as a collective work or compilation under German copyright and other laws and treaties. You agree to abide by all applicable copyright and other laws, as well as any additional copyright notices or restrictions contained in the Service.

3. Restrictions on Use. You may not use the Service for any illegal purpose or in any manner inconsistent with the TOS. You agree to use the Service solely for your own noncommercial use and benefit, and not for resale or other transfer or disposition to, or use by or for the benefit of, any other person or entity. You agree not to use, transfer, distribute or dispose of any information contained in the Service in any manner that could compete with the business of webfact. You acknowledge that the Service has been developed, compiled, prepared, revised, selected and arranged by webfact and others (including certain other information sources) through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort and money and constitutes valuable intellectual property and trade secrets of webfact and such others. You agree to protect the proprietary rights of webfact and all others having rights in the Service during and after the term of this agreement and to comply with all reasonable written requests made by webfact or its suppliers of content, equipment or otherwise (”Suppliers”) to protect their and others’ contractual, statutory and common law rights in the Service. You agree to notify webfact in writing promptly upon becoming aware of any unauthorized access or use of the Service by any party or of any claim that the Service infringes upon any copyright, trademark or other contractual, statutory or common law rights.

4. Further Restrictions on Use. YOU MAY NOT COPY, REPRODUCE, RECOMPILE, DECOMPILE, DISASSEMBLE, REVERSE ENGINEER, DISTRIBUTE, PUBLISH, DISPLAY, PERFORM, MODIFY, UPLOAD TO, CREATE DERIVATIVE WORKS FROM, TRANSMIT OR IN ANY WAY EXPLOIT ANY PART OF THE SERVICE, EXCEPT THAT YOU MAY DOWNLOAD MATERIAL FROM THE SERVICE AND/OR MAKE ONE PRINT COPY FOR YOUR OWN PERSONAL, NONCOMMERCIAL USE, PROVIDED THAT YOU RETAIN ALL COPYRIGHT AND OTHER PROPRIETARY NOTICES. THE ANALYSIS AND PRESENTATION INCLUDED IN THE SERVICE MAY NOT BE RECIRCULATED, REDISTRIBUTED OR PUBLISHED BY YOU WITHOUT WEBFACT PRIOR WRITTEN CONSENT. MODIFICATION OF THE SERVICE’S CONTENT WOULD BE A VIOLATION OF WEBFACT’S COPYRIGHT AND OTHER PROPRIETARY RIGHTS. ADDITIONALLY, YOU MAY NOT OFFER ANY PART OF THE SERVICE FOR SALE OR DISTRIBUTE IT OVER ANY OTHER MEDIUM INCLUDING BUT NOT LIMITED TO OVER-THE-AIR TELEVISION OR RADIO BROADCAST, A COMPUTER NETWORK OR HYPERLINK FRAMING ON THE INTERNET WITHOUT THE PRIOR WRITTEN CONSENT OF WEBFACT. THE SERVICE AND THE INFORMATION CONTAINED THEREIN MAY NOT BE USED TO CONSTRUCT A DATABASE OF ANY KIND. NOR MAY THE SERVICE BE STORED (IN ITS ENTIRETY OR IN ANY PART) IN DATABASES FOR ACCESS BY YOU OR ANY THIRD PARTY OR TO DISTRIBUTE ANY DATABASE SERVICES CONTAINING ALL OR PART OF THE SERVICE. YOU MAY NOT USE THE SERVICE IN ANY WAY TO IMPROVE THE QUALITY OF ANY DATA SOLD OR CONTRIBUTED BY YOU TO ANY THIRD PARTY. FURTHERMORE, YOU MAY NOT USE ANY OF WEBFACT’S TRADEMARKS, TRADE NAMES OR SERVICE MARKS IN ANY MANNER WHICH CREATES THE IMPRESSION THAT SUCH NAMES AND MARKS BELONG TO OR ARE ASSOCIATED WITH YOU OR ARE USED WITH WEBFACT ‘S CONSENT, AND YOU ACKNOWLEDGE THAT YOU HAVE NO OWNERSHIP RIGHTS IN AND TO ANY OF THESE NAMES AND MARKS. YOU WILL NOT USE THE SERVICE OR THE INFORMATION CONTAINED THEREIN IN UNSOLICITED MAILINGS OR SPAM MATERIAL. YOU WILL NOT USE ANY OF WEBFACT ‘S TRADEMARKS, TRADE NAMES OR SERVICE MARKS IN UNSOLICITED MAILINGS OR SPAM MATERIAL. YOU WILL NOT SPAM OR SEND UNSOLICITED MAILINGS TO ANY PERSON OR ENTITY USING THE SERVICE. YOU AGREE TO COMPLY WITH ANY OTHER APPLICABLE TERMS AND CONDITIONS OF SERVICE SET FORTH ON THE SERVICE, INCLUDING THE LINKING AND FRAMING POLICY.

5. License. You acquire absolutely no rights or licenses in or to the Service and materials contained within the Service other than the limited right to utilize the Service in accordance with the TOS. Should you choose to download content from the Service, you must do so in accordance with the TOS. Such download is licensed to you by webfact ONLY for your own personal, noncommercial use in accordance with the TOS and does not transfer any other rights to you.

6. Rights Reserved. All present and future rights in and to trade secrets, patents, copyrights, trademarks, service marks, know-how and other proprietary rights of any type under the laws of any governmental authority, domestic or foreign, including rights in and to all applications and registrations relating to the Service (the “Intellectual Property Rights”) shall, as between you and webfact, at all times be and remain the sole and exclusive property of webfact. All present and future rights in and title to the Service (including the right to exploit the Service and any portions of the Service over any present or future technology) are reserved to webfact for its exclusive use. Except as specifically permitted by the TOS, you may not copy or make any use of the Service or any portion thereof. Except as specifically permitted herein, you shall not use webfact ’s Intellectual Property Rights or the Service, or the names of any individual participant in, or contributor to, the Service, or any variations or derivatives thereof, for any purpose, without webfact ’s prior written approval.

7. Governing Law. The TOS shall be governed and construed in accordance with the laws of Germany, without giving effect to conflicts-of-law principles thereof. You agree to submit to the personal jurisdiction of the state and federal courts located in Germany with respect to any legal proceedings that may arise in connection with the Service or from a dispute as to the interpretation or breach of the TOS.

8. Miscellaneous. You accept that webfact has the right to change the content or technical specifications of any aspect of the Service at any time at webfact ’s sole discretion. You further accept that such changes may result in your being unable to access the Service. The failure of webfact to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision.

9. Headings. The section titles in the TOS are used solely for the convenience of you and webfact and have no legal or contractual significance.

10. Severability. If any provision of the TOS is found invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions of the TOS will remain in force.

11. Entire Agreement. The TOS and any other terms and conditions of service on www.webfact.de, and its successor, constitute the entire agreement between you and webfact and govern your use of the Service.
B. LINKING TERMS AND CONDITIONS

PLEASE READ THESE LINKING TERMS AND CONDITIONS (”TERMS”) BEFORE LINKING TO THIS WEB SITE. YOU MAY NOT LINK TO THIS WEB SITE UNLESS YOU ACCEPT AND COMPLY WITH THESE TERMS AS WELL AS ALL OTHER TERMS AND CONDITIONS OF SERVICE ON THIS WEB SITE. YOU MAY NOT FRAME THIS WEB SITE UNDER ANY CIRCUMSTANCES. From time to time, webfact may modify the Terms. Accordingly, please review the Terms from time to time. Your continued establishment of a link to this Web site after the posting of modifications to the Terms will constitute YOUR ACCEPTANCE OF THE TERMS, as modified. If, at any time, you do not wish to accept the Terms, you must discontinue linking to this Web site. Any terms and conditions proposed by you which are in addition to or which conflict with these Terms are expressly rejected by webfact and shall be of no force or effect.
1. User Assent to Terms and Conditions for this Web site. User Assent to Terms and Conditions for this Web site. By linking to this Web site, you represent that you have read and agree to be bound by the Terms. You further represent that you have read and agree to be bound by the Terms and Conditions of Service for this Web site, as well as all other terms and conditions of service on this Web site.

2. Intellectual Property. You acknowledge that this Web site, including but not limited to the text, content, photographs, video, audio, and graphics thereon, has been specially designed by webfact for presentation in a unique format and appearance, with webfact’s look and feel (collectively “Look and Feel”), and that such Look and Feel is protected by copyrights, trademarks, service marks, international treaties and/or other proprietary rights and laws of Germany and other countries. Upon linking to this Web site pursuant to the Terms, you will be granted a non-exclusive, non-transferable, royalty-free license to use the webfact mark solely for providing an underlined, textual link from your Web site to www.webfact.de. No other use of webfact ’s marks or name is permitted without express written permission from webfact.

3. Restrictions on Linking to this Web Site. Without limiting the provisions contained in our Terms and Conditions of Service, you may include a link(s) on your Web site to the www.webfact.de’s publicly accessible web page (i.e., any web page which does not require a login and password and/or under any restricted access); provided that you first fill out the registration form below. In addition, you may not link to the www.webfact.de any site containing an inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information, or material or information that violates any applicable intellectual property, proprietary, privacy or publicity rights.

4. Restrictions on Other Linking and Framing Activities. webfact is concerned about the integrity of this Web site when it is accessed in a manner solely determined by third parties or viewed in a setting solely created by third parties. Specifically, webfact is concerned with activities such as bringing up or presenting content of this Web site within another Web site (”framing”). In this regard, without limiting the provisions contained in our Terms and Conditions of Service, you may not frame any web page from webfact.de. Further, webfact will not permit others to archive, cache, and mirror any web page or portions of a web page. If you would like to use, utilize, reprint or redistribute any of webfact.de content, you must request permission from webfact by writing to FEEDBACK. Please include: (a) your name, e-mail address, and telephone number; (b) the name of your company; (c) the Web site address(es) where the proposed use will occur; and (d) specific details about the contemplated deep linking or framing activities, including the content or Web page(s) of this Web site to which you would like to use.

T&C