Terms of service
BEFORE YOU USE THE SERVICE SUBJECT TO THESE TERMS OF SERVICE (THE "AGREEMENT"), PLEASE READ THIS DOCUMENT CAREFULLY. THIS IS A LEGAL AGREEMENT BETWEEN TERAMARK TECHNOLOGIES GMBH i. L. ("OUR", "US", "WE", THE “COMPANY” OR "TERAMARK"), AND YOU ("YOU", "YOUR" OR "YOURSELF") WHICH GOVERNS YOUR USE OF THIS WEBSITE.
OUR WEBSITE AND ITS CONTENT (THE "CONTENT") ARE PROTECTED BY COPYRIGHT LAWS AND INTERNATIONAL COPYRIGHT TREATIES, AS WELL AS OTHER INTELLECTUAL PROPERTY LAWS AND TREATIES. UNAUTHORIZED REPRODUCTION OR DISTRIBUTION OF THE CONTENT, OR ANY PORTION OF IT, MAY RESULT IN SEVERE CIVIL AND CRIMINAL PENALTIES, AND WILL BE PROSECUTED TO THE MAXIMUM EXTENT POSSIBLE UNDER THE LAW.
- Information Services. Teramark Technologies GmbH i. L. is engaged in providing you with online information (the "Content").
- Using our Content. You acknowledge any policies made available to you within the Content. You acknowledge not misusing our Content. The rights provided under this clause are granted to you only, and shall not be considered granted to any of your subsidiaries or holding companies or customers. You shall not (i) access all or any part of the Content in order to build a product or service which competes with the Content; (ii) transfer, temporarily or permanently, any of its rights under this Agreement; or (iii) attempt to obtain, or assist third parties in obtaining, access to the Content. You may use our Content only as permitted by law, including applicable export and re-export control laws and regulations. We may suspend or stop providing our Content to you if you do not comply with our terms or policies or if we are investigating suspected misconduct.
- Content Characteristic. Our Content may provide you with algorithmic information aggregation and decision support. You acknowledge and agree that: (i) We are not a financial advisor, broker, bank or other chartered depository institution; (ii) We are not soliciting any action based upon the information presented through our Content. Any information information presented through our Content is not to be construed as an offer to sell or a solicitation of an offer to buy any security in any jurisdiction. It is for your general information only and does not constitute a recommendation or take into account your particular investment objectives, financial situation, or needs. We will not treat you as customers/clients by virtue of your receiving of any information information presented through our Content. Accordingly, you agree that We will not be responsible or liable for lost profits, revenues, or data, financial losses or indirect, special, consequential, exemplary or punitive damages. You agree that in all cases We, our suppliers and distributors will not be liable for any loss or damage.
- Modification to our Content. We are constantly changing and amending our Content. We may add or remove functionalities or features, and we may suspend or cancel Content altogether. Changing, upgrading or canceling our Content is in our sole discretion. You acknowledge that the provisioning of the Content may from time to time encounter technical or other problems and may not necessarily continue uninterrupted or without technical or other errors. We shall not be responsible to you or others for any such interruptions, errors or problems or an outright discontinuance of the Content. We have no obligation to continue producing or releasing new versions of the Content.
- Registration. You agree to provide true, accurate, current and complete information about yourself as prompted by any registration process for our Content (the "Registration Data"). You further agree that, in providing such Registration Data, you will not knowingly omit or misrepresent any material facts or information and that you will promptly enter corrected or updated Registration Data via our Website. You further consent and authorize us to verify your Registration Data as required for your use of and access to our Content. Once you register with our company, you shall receive a unique user ID and password in connection with your account (collectively referred to herein as "IDs"). You are solely and entirely responsible for maintaining the confidentiality of your IDs and for any charges, damages, liabilities or losses incurred or suffered as a result of you failure to do so. We are not liable for any harm caused by or related to the theft of your IDs, your disclosure of your IDs, or your authorization to allow another person to access and use the Service using your IDs. You agree to immediately notify us of any unauthorized use of your account or any other breach of security known to you. You acknowledge that the complete privacy of your data and messages transmitted while using our Content cannot be guaranteed.
- Legal Observations required from User. You are responsible for complying with all laws for your jurisdiction, as well as the regulations of the Federal Republic of Germany. You undertake not to take any actions that may infringe or violate the rights of third parties (including their personality rights) when using our Content. You undertake to observe all legal requirements pertaining to t he provision of RegistrationData or any equivalent legislation in the country of use.
Ownership. Our Content contains text, images, or other audiovisual information and technology (the “Background Technologies”) of Teramark Technologies GmbH that is protected
by copyright, trademark, patent, trade secret and other laws. The Company owns intellectual property rights to any protectable part of the Content, including but not limited to our
algorithmic decision support software and data processing system (source and object code, libraries, binaries), algorithms, techniques, methodologies, formulae, processes, compilations of
information, drawings, proposals, job notes, reports, records, and specifications/documentations, inventions, discovery, improvement, process, design, formulae or idea, artwork, logos,
functionality, and documentation (collectively, the “Company Property”). You may not copy, modify, or reverse engineer any part of the Content or Background Technologies owned by the Company.
Don’t remove, obscure, or alter any legal notices displayed in or along with our Content or Background Technologies.
Using our Content does not give you ownership of any intellectual property rights in our Content or Background Technologies you access and/or our Company Property. You may not use our Content or Background Technologies you access unless you obtain our permission or are otherwise permitted by law. These terms do not grant you the right to use any branding, logos or artwork used in our Content or Background Technologies.
Subject to the terms and conditions hereof, we hereby grant you a limited, revocable, nonsublicensable license to display our Content (excluding any software source and object code, libraries, binaries, algorithms, techniques, methodologies, formulae, processes) solely for non-commercial use in connection with viewing the Content or other uses which we expressly permit by in writing. Notwithstanding such permitted uses and license, you acknowledge that all derivative designs and artwork which utilize our Contents’ logo or other Company Property (collectively, “Derivative Works”) are the sole property of the Company. No other rights are granted to you with respect to the Company Property other than those rights granted explicitly herein, including with respect to any Derivative Works.
Any Content posted on through our Website shall belong to the person that posted such Content. You may use any Content posted by you in any other way without restriction. You may only use Content posted by others in the ways described in this Agreement.
In order to provide our Content, we need the right to make certain uses of your publicly posted content. Therefore, when you post content on our Website, you agree to grant the Company an irrevocable, perpetual, worldwide, royalty-free, fully sublicenseable, non-exclusive license to copy, distribute, publicly display, publicly perform and make derivative works of the Content and through services affiliated with our Content regardless of the form of media used or of whether such service now exist or are developed in the future. By posting content to our Website, you hereby represent and warrant that you have the right to post that content and to grant the foregoing rights to the Company.
We reserve the right to remove any Content from our Website at our sole discretion.
- Limitation of Warranties. TERAMARK REPRESENTS THAT THE CONTENT WILL BE PROVIDED IN A PROFESSIONAL AND WORKMANLIKE MANNER. We will make reasonable efforts to keep the Content accessible 24 hours a day/5 business days a week, except for: (i) planned downtime (of which we will provide at least 8 hours prior notice); or (ii) any unavailability caused by circumstances beyond our control, including but not limited to, acts of God, acts of government, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labor problems or Internet service provider failures or delays. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES. OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR ADDITIONAL TERMS, ANY CONTENT IS PROVIDED BY TERAMARK ON AN “AS IS” BASIS, WITHOUT ANY WARRANTIES OR REPRESENTATIONS EXPRESS, IMPLIED OR STATUTORY; INCLUDING, WITHOUT LIMITATION, COMMITMENTS ABOUT THE CONTENT OR SPECIFIC FUNCTIONS OF THE CONTENT, WARRANTIES OF QUALITY, PERFORMANCE, FINANCIAL RESULTS, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NOR ARE THERE ANY WARRANTIES CREATED BY A COURSE OF DEALING, COURSE OF PERFORMANCE OR TRADE USAGE. TERAMARK DOES NOT WARRANT THAT THE CONTENT WILL MEET YOUR NEEDS OR BE FREE FROM ERRORS, OR THAT THE ACCESSIBILITY OF THE CONTENT WILL BE UNINTERRUPTED OR FREE OF ERRORS OR OMMISSIONS. TERAMARK CANNOT AND DOES NOT GUARANTEE THE PRIVACY, SECURITY, AUTHENTICITY AND NON-CORRUPTION OF ANY CONTENT TRANSMITTED THROUGH, OR STORED IN ANY SYSTEM CONNECTED TO, THE INTERNET.
- Limitation of Liabilities. Subject to this clause all warranties, liabilities, representations, conditions and all other terms of any kind whatsoever implied by statute or common law are, to the fullest extent permitted by applicable law, excluded. WHEN PERMITTED BY LAW, TERAMARK, AND TERAMARK’S SUPPLIERS AND DISTRIBUTORS, WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES. TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF TERAMARK, AND ITS SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIM UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE CONTENT (OR, IF WE CHOOSE, TO SUPPLYING YOU THE CONTENT AGAIN). IN ALL CASES, TERAMARK, AND ITS SUPPLIERS AND DISTRIBUTORS, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE.
- Indemnification. EXCEPT FOR THE INDEMNIFICATION OBLIGATIONS OF THE PARTIES SET OUT HEREIN, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY ON ACCOUNT OF ANY CLAIM (WHETHER BASED UPON PRINCIPLES OF CONTRACT, WARRANTY, NEGLIGENCE OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, THE FAILURE OF ANY LIMITED REMEDY TO ACHIEVE ITS ESSENTIAL PURPOSE, OR OTHERWISE) FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT FOR THE INDEMNIFICATION AND CONFIDENTIALITY OBLIGATIONS OF THE PARTIES SET OUT HEREIN, IN NO EVENT SHALL EITHER PARTY'S LIABILITY EXCEED AN AMOUNT EQUAL TO THE FEES PAID BY LICENSEE UNDER THIS AGREEMENT. IF YOU ARE DISSATISFIED WITH THE CONTENT YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE CONTENT.
- Business Use. If you are using our Content on behalf of a business, that business accepts this Agreement. It will hold harmless and indemnify Teramark and its affiliates, officers, agents, and employees from any claim, suit or action arising from or related to the use of the Content or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees.
- These Terms of service constitutes the entire agreement between you and the Company and supersedes any and all previous agreements, written or oral, between you and the Company, including previous versions of the Terms of service.
- If you do not agree to the modified terms for our Content or any other of our services, you should discontinue your use of that Content or service.
- The Company may assign these Terms of service in whole or part at any time.
- The Terms of Service, their validity, performance, construction, effect, and the relationship between you and the Company shall be governed by the laws of the Federal Republic of Germany without regard to its conflict of law provisions. You and the Company agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Munich, Bavaria, Germany.
- Any failure of the Company to enforce or exercise a right provided in these terms is not a waiver of that right.
- Should any provision of this Agreement be found invalid or unenforceable, the remaining provisions shall still apply.
©2017 Teramark Technologies GmbH i. L.. All Rights Reserved. Last update: April 2017