Terms and conditions for the use of the Media Services GmbH website
Operator of the website
This website is operated by Media Services GmbH ("Media Services"), with its corporate head office at Tuerkenstrasse 89, 80799 Munich, Germany.
Access to and use of the Website
By accessing this Website or its content as a user, you undertake to adhere to these Terms and Conditions and all relevant statutory regulations. If this Website or any part thereof contains rules, guidelines, codes of conduct or other conditions or instructions for users, you also undertake to adhere to these. In the event of conflicts or inconsistencies between regulations, these Terms and Conditions shall apply. If you do not agree to one of the conditions herein (or any other rules, regulations, etc.), you must not use this Website.
Media Services grants the user the restricted right to access this Website and its content, and to use it non-commercially as a source of information solely for the purposes defined on this Website, and only upon retaining all copyright notices and trademarks (where applicable) pertaining to the content of the Website. All other uses of the Website, including its use for other purposes than those mentioned above or its modification, sale, transfer or downloading (with the exception of page caching), republication or reverse engineering, are forbidden unless approved in advance in writing by Media Services (in as much as such forbiddance is not ruled out by statute). Unless explicitly agreed upon in writing by the parties involved, the authorization to use the Website does not include, inter alia, the authorization to resell, commercially use or distribute the Website content, to record or use any product, support or service descriptions or prices, or to use the Website content in any way that suggests a connection to products, support or services of Media Services or a company affiliated to Media Services.
The user is not permitted to use this Website, its services or content in a way that breaches these Terms and Conditions or any applicable laws or regulations, or in a way that leads or might lead to damage to or the interruption or restriction of this Website or its services. Media Services reserves the right to prohibit or restrict the use of the Website at any time, also for specific users.
Changes to the Website OR these Terms and Conditions
Media Services and/or other providers may make improvements and/or changes to the Website, services, prices and/or any other Website content (including these Terms and Conditions) at any time and without prior notice.
Media Services may announce changes to these Terms and Conditions (or any other Website content) on this Website or by any other means of communication. Users accessing this Website after such changes have been made to it or notification thereof has been given by any other means, shall be bound to the changed content as soon as said changes or new conditions have been published on the Website or notification of them has been given by some other means, irrespective of whether the user was aware of this or not.
Copyright and trademarks
Media Services does not transfer any rights to any Website content that the user downloads or uses. Website content, including its selection and arrangement, is the property of Media Services or the affiliated company of Media Services and/or its content and technology provider, and it is protected by copyright and other rights. The restricted right to use Website content (for the purposes cited in the previous section) is expressly bound to the prerequisite of acknowledging, adhering to and upholding all copyrights, brands and other trademarks in the Website content and all industrial property rights and other rights of Media Services and its affiliated companies, and/or of content and technology providers as they pertain to intellectual property in the Website content.
The unapproved use or copying of Website content or the use of same in breach of these Terms and Conditions may lead to violations of trademark, copyright and other property rights, and of civil and criminal law regulations. Users are not permitted to use any Website content (or any content made available through this Website) in any way that breaches trademark, copyright or other property rights. Media Services reserves all rights with regard to such unauthorized use and the breaching of these Terms and Conditions.
All trademarks, logos, internet addresses, product and model names and their derivatives that describe products, support or services of Media Services or companies affiliated with Media Services and that are contained in the Website content, are brand names and/or the property of Media Services or its affiliated companies. The use or modifying of these is forbidden (unless explicitly authorized in writing by MEDIA SERVICES).
Other product and company names used on this Website may be brands of the owners in question.
MEDIA SERVICES, its affiliated companies and other persons involved in the development, production, hosting or delivery of Website content, shall not be liable for direct, indirect, specific or incidental consequential losses or penalties, including damages, incurred as a result of, inter alia, loss of data, lost profits, business interruption or lost time or damage of any kind (including losses caused by negligence or other wrongdoing), which arise from the use of Website content or the inability to use the same, even if Media Services or an authorized representative of Media Services was informed of the possibility of such losses.
MEDIA SERVICES's liability for losses and damage (under contractual law, law of torts or in any other form) shall in no event be greater than the amount that the user paid to access this Website (unless otherwise determined by applicable law). No provision of these Terms and Conditions is to be interpreted as an exemption from the liability of Media Services or its affiliated companies in the event of death or personal damage culpably caused by Media Services or its affiliated companies.
The exemptions and restrictions of liability in these Terms and Conditions shall apply irrespective of whether the liability is claimed on the basis of contractual law, law of torts, strict liability, breach of warranty or any other legal grounds.
All Website content and all services are provided "as is" and Media Services rules out to the greatest possible extent permissible by law any and all warrantees and assurances, be they expressed or tacit, with regard to the content of the Website and its services, including, inter alia, implied warranties of marketability, satisfactory quality, suitability for a given purpose and non-violation of third-party intellectual property rights.
Media Services offers no assurance that the Website is appropriate, available, free of viruses or available for use at all locations. The person accessing this Website and using its content and/or services is responsible for adhering to all relevant statutes and regulations, including, inter alia, all relevant and applicable laws.
Whereas Media Services has taken pains to ensure that the content of the Website is correct, reliable and up to date, inter alia including – where applicable – the statements about products, services, support, etc. and the descriptions received from third parties, Media Services does not offer any warranties with regard to the correctness of any explanations contained on this Website. All materials, products, support, services and information contained on this Website or to which it refers may be false or out of date. Media Services is not obliged to update the content of the Website. Media Services rules out any liability or responsibility for any errors or omissions in the Website's content (in as much as such preclusion is not irreconcilable with any warranties or other terms and conditions pertaining to the sale of products or services of MEDIA SERVICES). All decisions made on the basis of information contained on the Website (or in the user content) are taken on the user's sole responsibility.
Hypertext links to and from this Website
The user undertakes to apply for and obtain the written permission of the Website's operator before creating a link to the Website. "Deep linking" is strictly forbidden. All links to this Website must lead to its homepage, and they must make clear that this Website and the content of the website containing the link are to be considered as separate, and they must also make clear that Media Services is the owner and/or operator of this Website.
Media Services has not examined the correctness or reliability of information on external websites or resources connected via links to this Website or which are accessed via this Website or that contain links to the website(s) of MEDIA SERVICES. Media Services does not advocate any content, advertising, products, support, services or other materials available on or through such external websites or resources, and Media Services is not liable for these. Media Services is not responsible for the correctness, adherence to copyright or lawfulness of material or information contained on external websites or in such resources, and Media Services rules out any explicit warranty or warranty that is deemed to have been implicitly agreed in this regard. Media Services shall not be liable, neither directly nor indirectly, for any loss or damage caused or purportedly caused by the use of any content, products, support or services available on or through external websites or resources, or by the trust placed in these.
Should individual provisions of these Terms and Conditions be found to be unenforceable, the unenforceable provision shall be deemed to be replaced by a valid and enforceable provision that approximates as closely as possible the intention of the original provision. This shall not have any effect on the validity or enforceability of the remaining provisions.
Irrespective of the preclusions and limitations of liability contained in these Terms and Conditions, no person may bring a claim or legal action against Media Services or an affiliated company of Media Services with regard to or in connection with this Website, if it is not brought and Media Services is not notified in writing of such claim or legal action within one (1) year of the emergence of the grounds for the claim or legal action.
Administrative bodies, staff and representatives of Media Services are not authorized to alter these Terms and Conditions. Statements made by any vicarious agents and/or assistants in the name of Media Services are not to be interpreted as an alteration to these Terms and Conditions or as authorized or legally binding statements about the Website or the type or quality of the products or services it presents or any other Website content.
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