Legal Notice

 

Imprint (§5 TMG)

 
wontox Portals
Friedastr.3
81479 Munich
Germany
 
 

Responsible for content (§55 Abs. 2 RStV)

Dipl.-Inform. univ.
Nurettin Kilincarslan
 
Friedastr.3
81479 Munich
Germany
 
 

Terms and conditions

These terms and conditions (“Terms”, “Agreement”) are an agreement
between wontox (“wontox”, “us”, “we” or “our”) and you (“User”, “you” or
“your”). This Agreement sets forth the general terms and conditions of
your use of the wontox website and any of its products or services (collectively, “Website” or “Services”).

Accounts and membership

You must be at least 18 years of age to use this Website. By using
this Website and by agreeing to this Agreement you warrant and represent
that you are at least 18 years of age. If you create an account on the
Website, you are responsible for maintaining the security of your
account and you are fully responsible for all activities that occur
under the account and any other actions taken in connection with it. We
may, but have no obligation to, monitor and review new accounts before
you may sign in and use our Services. Providing false contact
information of any kind may result in the termination of your account.
You must immediately notify us of any unauthorized uses of your account
or any other breaches of security. We will not be liable for any acts or
omissions by you, including any damages of any kind incurred as a
result of such acts or omissions. We may suspend, disable, or delete
your account (or any part thereof) if we determine that you have
violated any provision of this Agreement or that your conduct or content
would tend to damage our reputation and goodwill. If we delete your
account for the foregoing reasons, you may not re-register for our
Services. We may block your email address and Internet protocol address
to prevent further registration.

User content

We do not own any data, information or material (“Content”) that you
submit on the Website in the course of using the Service. You shall have
sole responsibility for the accuracy, quality, integrity, legality,
reliability, appropriateness, and intellectual property ownership or
right to use of all submitted Content. We may, but have no obligation
to, monitor and review Content on the Website submitted or created using
our Services by you. Unless specifically permitted by you, your use of
the Website does not grant us the license to use, reproduce, adapt,
modify, publish or distribute the Content created by you or stored in
your user account for commercial, marketing or any similar purpose. But
you grant us permission to access, copy, distribute, store, transmit,
reformat, display and perform the Content of your user account solely as
required for the purpose of providing the Services to you. Without
limiting any of those representations or warranties, we have the right,
though not the obligation, to, in our own sole discretion, refuse or
remove any Content that, in our reasonable opinion, violates any of our
policies or is in any way harmful or objectionable.

Billing and payments

You shall pay all fees or charges to your account in accordance with
the fees, charges, and billing terms in effect at the time a fee or
charge is due and payable. Where Services are offered on a free trial
basis, payment may be required after the free trial period ends, and not
when you enter your billing details (which may be required prior to the
commencement of the free trial period). If auto-renewal is enabled for
the Services you have subscribed for, you will be charged automatically
in accordance with the term you selected. If, in our judgment, your
purchase constitutes a high-risk transaction, we will require you to
provide us with a copy of your valid government-issued photo
identification, and possibly a copy of a recent bank statement for the
credit or debit card used for the purchase. We reserve the right to
change products at any time.

Accuracy of information

Occasionally there may be information on the Website that contains
typographical errors, inaccuracies or omissions that may relate to
product descriptions, pricing, promotions and offers. We reserve the
right to correct any errors, inaccuracies or omissions, and to change or
update information or cancel orders if any information on the Website
or on any related Service is inaccurate at any time without prior notice
(including after you have submitted your order). We undertake no
obligation to update, amend or clarify information on the Website
including, without limitation, pricing information, except as required
by law. No specified update or refresh date applied on the Website
should be taken to indicate that all information on the Website or on
any related Service has been modified or updated.

Third-party services

If you decide to enable, access or use third-party services, be
advised that your access and use of such other services are governed
solely by the terms and conditions of such other services, and we do not
endorse, are not responsible or liable for, and make no representations
as to any aspect of such other services, including, without limitation,
their content or the manner in which they handle data (including your
data) or any interaction between you and the provider of such other
services. You irrevocably waive any claim against wontox with respect to
such other services. wontox is not liable for any damage or loss caused
or alleged to be caused by or in connection with your enablement,
access or use of any such other services, or your reliance on the
privacy practices, data security processes or other policies of such
other services. You may be required to register for or log into such
other services on their respective websites. By enabling any other
services, you are expressly permitting wontox to disclose your data as
necessary to facilitate the use or enablement of such other service.

Uptime guarantee

We offer a Service uptime guarantee of 99% of available time per
month. The service uptime guarantee does not apply to service
interruptions caused by: (1) periodic scheduled maintenance or repairs
we may undertake from time to time; (2) interruptions caused by you or
your activities; (3) outages that do not affect core Service
functionality; (4) causes beyond our control or that are not reasonably
foreseeable; and (5) outages related to the reliability of certain
programming environments.

Backups

We perform regular backups of the Website and Content and will do our
best to ensure completeness and accuracy of these backups. In the event
of the hardware failure or data loss we will restore backups
automatically to minimize the impact and downtime.

Advertisements

During use of the Website, you may enter into correspondence with or
participate in promotions of advertisers or sponsors showing their goods
or services through the Website. Any such activity, and any terms,
conditions, warranties or representations associated with such activity,
is solely between you and the applicable third-party. We shall have no
liability, obligation or responsibility for any such correspondence,
purchase or promotion between you and any such third-party.

Links to other websites

Although this Website may link to other websites, we are not,
directly or indirectly, implying any approval, association, sponsorship,
endorsement, or affiliation with any linked website, unless
specifically stated herein. Some of the links on the Website may be
“affiliate links”. This means if you click on the link and purchase an
item, wontox will receive an affiliate commission. We are not
responsible for examining or evaluating, and we do not warrant the
offerings of, any businesses or individuals or the content of their
websites. We do not assume any responsibility or liability for the
actions, products, services, and content of any other third-parties. You
should carefully review the legal statements and other conditions of
use of any website which you access through a link from this Website.
Your linking to any other off-site websites is at your own risk.

Prohibited uses

In addition to other terms as set forth in the Agreement, you are
prohibited from using the Website or its Content: (a) for any unlawful
purpose; (b) to solicit others to perform or participate in any unlawful
acts; (c) to violate any international, federal, provincial or state
regulations, rules, laws, or local ordinances; (d) to infringe upon or
violate our intellectual property rights or the intellectual property
rights of others; (e) to harass, abuse, insult, harm, defame, slander,
disparage, intimidate, or discriminate based on gender, sexual
orientation, religion, ethnicity, race, age, national origin, or
disability; (f) to submit false or misleading information; (g) to upload
or transmit viruses or any other type of malicious code that will or
may be used in any way that will affect the functionality or operation
of the Service or of any related website, other websites, or the
Internet; (h) to collect or track the personal information of others;
(i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for
any obscene or immoral purpose; or (k) to interfere with or circumvent
the security features of the Service or any related website, other
websites, or the Internet. We reserve the right to terminate your use of
the Service or any related website for violating any of the prohibited
uses.

Intellectual property rights

This Agreement does not transfer to you any intellectual property
owned by wontox or third-parties, and all rights, titles, and interests
in and to such property will remain (as between the parties) solely with
wontox. All trademarks, service marks, graphics and logos used in
connection with our Website or Services, are trademarks or registered
trademarks of wontox or wontox licensors. Other trademarks, service
marks, graphics and logos used in connection with our Website or
Services may be the trademarks of other third-parties. Your use of our
Website and Services grants you no right or license to reproduce or
otherwise use any wontox or third-party trademarks.

Disclaimer of warranty

You agree that your use of our Website or Services is solely at your
own risk. You agree that such Service is provided on an “as is” and “as
available” basis. We expressly disclaim all warranties of any kind,
whether express or implied, including but not limited to the implied
warranties of merchantability, fitness for a particular purpose and
non-infringement. We make no warranty that the Services will meet your
requirements, or that the Service will be uninterrupted, timely, secure,
or error-free; nor do we make any warranty as to the results that may
be obtained from the use of the Service or as to the accuracy or
reliability of any information obtained through the Service or that
defects in the Service will be corrected. You understand and agree that
any material and/or data downloaded or otherwise obtained through the
use of Service is done at your own discretion and risk and that you will
be solely responsible for any damage to your computer system or loss of
data that results from the download of such material and/or data. We
make no warranty regarding any goods or services purchased or obtained
through the Service or any transactions entered into through the
Service. No advice or information, whether oral or written, obtained by
you from us or through the Service shall create any warranty not
expressly made herein.

Limitation of liability

To the fullest extent permitted by applicable law, in no event will
wontox, its affiliates, officers, directors, employees, agents,
suppliers or licensors be liable to any person for (a): any indirect,
incidental, special, punitive, cover or consequential damages
(including, without limitation, damages for lost profits, revenue,
sales, goodwill, use of content, impact on business, business
interruption, loss of anticipated savings, loss of business opportunity)
however caused, under any theory of liability, including, without
limitation, contract, tort, warranty, breach of statutory duty,
negligence or otherwise, even if wontox has been advised as to the
possibility of such damages or could have foreseen such damages. To the
maximum extent permitted by applicable law, the aggregate liability of
wontox and its affiliates, officers, employees, agents, suppliers and
licensors, relating to the services will be limited to an amount greater
of one dollar or any amounts actually paid in cash by you to wontox for
the prior one month period prior to the first event or occurrence
giving rise to such liability. The limitations and exclusions also apply
if this remedy does not fully compensate you for any losses or fails of
its essential purpose.

Indemnification

You agree to indemnify and hold wontox and its affiliates, directors,
officers, employees, and agents harmless from and against any
liabilities, losses, damages or costs, including reasonable attorneys’
fees, incurred in connection with or arising from any third-party
allegations, claims, actions, disputes, or demands asserted against any
of them as a result of or relating to your Content, your use of the
Website or Services or any willful misconduct on your part.

Severability

All rights and restrictions contained in this Agreement may be
exercised and shall be applicable and binding only to the extent that
they do not violate any applicable laws and are intended to be limited
to the extent necessary so that they will not render this Agreement
illegal, invalid or unenforceable. If any provision or portion of any
provision of this Agreement shall be held to be illegal, invalid or
unenforceable by a court of competent jurisdiction, it is the intention
of the parties that the remaining provisions or portions thereof shall
constitute their agreement with respect to the subject matter hereof,
and all such remaining provisions or portions thereof shall remain in
full force and effect.

Dispute resolution

The formation, interpretation, and performance of this Agreement and
any disputes arising out of it shall be governed by the substantive and
procedural laws of Germany without regard to its rules on conflicts or
choice of law and, to the extent applicable, the laws of Germany. The
exclusive jurisdiction and venue for actions related to the subject
matter hereof shall be the state and federal courts located in Germany,
and you hereby submit to the personal jurisdiction of such courts. You
hereby waive any right to a jury trial in any proceeding arising out of
or related to this Agreement. The United Nations Convention on Contracts
for the International Sale of Goods does not apply to this Agreement.

Assignment

You may not assign, resell, sub-license or otherwise transfer or
delegate any of your rights or obligations hereunder, in whole or in
part, without our prior written consent, which consent shall be at our
own sole discretion and without obligation; any such assignment or
transfer shall be null and void. We are free to assign any of its rights
or obligations hereunder, in whole or in part, to any third-party as
part of the sale of all or substantially all of its assets or stock or
as part of a merger.

Changes and amendments

We reserve the right to modify this Agreement or its policies
relating to the Website or Services at any time, effective upon posting
of an updated version of this Agreement on the Website. When we do, we
will revise the updated date at the bottom of this page. Continued use
of the Website after any such changes shall constitute your consent to
such changes.

Acceptance of these terms

You acknowledge that you have read this Agreement and agree to all
its terms and conditions. By using the Website or its Services you agree
to be bound by this Agreement. If you do not agree to abide by the
terms of this Agreement, you are not authorized to use or access the
Website and its Services.

Contacting us

If you would like to contact us to understand more about this
Agreement or wish to contact us concerning any matter relating to it,
you may do so via the contact form or send an email to admin.