Terms of Use – Site

RANITOS.DE SITE
TERMS OF USE AGREEMENT

Last updated: September 27, 2009

These Terms of Use form a legal agreement between the account holder (“You”) and ranitos – Ralf Bötnagel & Anke Herrlich (“ranitos”) concerning the contents of this site (the “Site”)

1. Information Available at this Site

This Site contains general information about ranitos, its activities and its products. ranitos does not guarantee the accuracy or timeliness of the information available on this Site. You are solely responsible for verifying the accuracy of any information available on this Site. ranitos disclaims responsibility for Your reliance on information at this Site in Section 6 below.

2. License to Use Site; Restrictions

ranitos hereby grants You a non-exclusive, non-transferable, revocable license to view and use the Site in accordance with this Agreement and any guidelines or policies posted on the Site. ranitos reserves the right to suspend or revoke, in its sole discretion, the license hereunder and to prevent You from accessing all or any portion of the Site with or without notice or reason and without liability on the part of ranitos.

ranitos may change, suspend, or discontinue any portion of the Site, or any service offered on the Site, at any time, including but not limited to any feature, database, application, or content. ranitos may also impose limits on certain features offered on the Site with or without notice.

The Site and all content available on the Site are protected by applicable intellectual property laws, and are for personal and noncommercial use. All rights not expressly granted in this Agreement are reserved by ranitos or by the respective owners of the intellectual property rights. All materials available on or through the Site, other than Third Party Submissions (collectively, the “Site Materials”) are the property of ranitos and are protected by copyright, trademark, and other intellectual property laws. ranitos reserves the right to impose additional terms and conditions upon Your use and viewing of particular Site Materials, and any such terms and conditions may be posted on the Site in connection with those Site Materials. You may not reproduce or retransmit the Site Materials, in whole or in part, in any manner, without the prior written consent of ranitos, except as follows: You may make a single copy of the Site Materials solely for Your personal, noncommercial use, but such copying must be consistent with any applicable additional terms and conditions and You must preserve any copyright, trademark, or other notices contained in or associated with such Site Materials. You may not distribute such copies to others, whether or not in electronic form and whether or not for a charge or other consideration, without prior written consent of the owner of such materials. If you have any questions, contact us at contact@ranitos.de.

Subscription portions (if any) of the Site may contain additional terms and conditions applicable to use of that portion of the Site, including without limitation password usage and protection rules. If You subscribe to any service at this Site, You will be asked to agree to those terms and conditions as part of the subscription transaction, and those terms and conditions will be deemed incorporated into this Agreement by this reference.

3. Access and Interference

Much of the information on the Site is updated on a real time basis and is proprietary or is licensed to ranitos by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not: (a) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; or (b) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site or other measures we may use to prevent or restrict access to the Site.

4. Logo Usage

The ranitos logo and ranitos products logos are propriety to ranitos, and ranitos retains all right, title, and interest in and to those logos. You may not use those logos without prior written permission by ranitos.

5. Indemnity

You agree to indemnify and hold ranitos, its officers, employees, agents and volunteer administrators harmless against any and all losses, claims, damages, and expenses (including reasonable attorneys’ fees) that ranitos may incur in connection with: (a) Your breach of any of the terms of this Agreement; or (b) Your use of the Site.

6. NO WARRANTIES

ranitos doesn’t warrant the accuracy, reliability, or timeliness of any information or downloads published to or otherwise accessible via the Site (“Site Information”). ranitos will not be liable for any damage or loss caused by Your reliance on the accuracy, reliability, or timeliness of Site Information. Because of the number of possible sources of information available through the Site, and the inherent hazards and uncertainties of electronic distribution, there may be delays, omissions, or inaccuracies in the Site Information. The Site Information may include facts, views, opinions, and recommendations of individuals and organizations. ranitos does not endorse, assert, or guarantee the truthfulness or reliability of any such facts, views, opinions, or recommendations, nor any statements made by persons other than authorized ranitos spokespersons, including, without limitation, information contained in the forum areas of the Site. The Site may also contain links to one or more internet sites outside of the Site. ranitos is not responsible for the content of such outside internet sites and does not warrant the accuracy, reliability, or timeliness of any information or downloads posted on or obtained from such outside internet sites. You rely on the Site Information, as well as information found on outside internet sites linked to the Site, at Your own risk.

THE SITE, INCLUDING WITHOUT LIMITATION THE SITE INFORMATION AND ALL OTHER CONTENT PROVIDED ON THE SITE, ARE PROVIDED TO YOU “AS IS”, AND YOU ASSUME THE ENTIRE RISK AS TO YOUR USE OF THE SITE, THE SITE INFORMATION AND THE RESULTS AND PERFORMANCE OF THE SITE. RANITOS HEREBY DISCLAIMS ALL WARRANTIES, DUTIES OR CONDITIONS (IF ANY), WHETHER EXPRESS OR IMPLIED, WITH REGARD TO THE SITE OR ANY CONTENT PROVIDED ON THE SITE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, AND LACK OF NEGLIGENCE. RANITOS GIVES NO WARRANTY AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SITE, AGAINST INFRINGEMENT, OR AS TO TITLE, OR THAT INFORMATION PROVIDED ON THE SITE, THE SITE ITSELF, OR RANITOS EFFORTS, WILL FULFILL ANY OF YOUR PARTICULAR PURPOSES OR NEEDS. FURTHERMORE, RANITOS GIVES NO WARRANTIES AS TO THE AVAILABILITY OF THE SITE AT ANY PARTICULAR TIME; FUNCTIONALITY; TIMELINESS OF SERVICES; ACCURACY OR CURRENCY OF CONTENT; LACK OF VIRUSES; OR ANY OTHER WARRANTY.

7. LIMITATION OF DAMAGES

TO THE FULLEST EXTENT PERMITTED BY LAW, AND REGARDLESS OF THE FORM OR CAUSE OF ACTION OR THE ALLEGED BASIS OF THE CLAIM, YOU AGREE THAT RANITOS, ITS OFFICERS, EMPLOYEES, AGENTS, AND VOLUNTEER ADMINISTRATORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL, DIRECT, OR OTHER DAMAGES WHATSOEVER ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE SITE OR THE SITE INFORMATION, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF THE REMEDIES OTHERWISE PROVIDED UNDER THIS AGREEMENT, AT LAW, OR IN EQUITY, FAIL OF THEIR ESSENTIAL PURPOSE. THIS LIMITATION AND EXCLUSION OF DAMAGES INCLUDES BUT IS NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE OR NEGLIGENT MISREPRESENTATION, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER, EVEN IN THE EVENT OF THE FAULT OF RANITOS, OF TORT (INCLUDING NEGLIGENCE), STRICT OR PRODUCT LIABILITY, BREACH OF CONTRACT, OR BREACH OF WARRANTY.

SHOULD A COURT OF COMPETENT JURISDICTION DETERMINE THAT THE LIMITATION ABOVE IS NOT LEGALLY VALID, RANITOS, ITS OFFICERS, EMPLOYEES, AGENTS AND VOLUNTEER ADMINISTRATOR’S LIABILITY FOR ANY CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT (INCLUDING ANY TERMS AND CONDITIONS REFERENCED IN THIS AGREEMENT) INCLUDING FOR ANY DIRECT DAMAGES ARISING FROM YOUR RELIANCE ON SITE INFORMATION, WILL BE LIMITED TO €4.99 OR THE AMOUNT OF DIRECT DAMAGES INCURRED BY YOU IN RELIANCE ON THIS SITE OR ON SITE INFORMATION, WHICHEVER IS LESS. YOU AGREE THAT THIS IS YOUR SOLE AND EXCLUSIVE REMEDY AND YOU HEREBY RELEASE RANITOS, ITS OFFICERS, EMPLOYEES, AGENTS AND VOLUNTEER ADMINISTRATORS FROM ALL OBLIGATIONS, LIABILITY, CLAIMS OR DEMANDS IN EXCESS OF THE LIMITATION.

9. Privacy

This Site uses third-party advertising companies to serve ads when You visit this Site. These companies may use information (not including Your name, address, email address, or telephone number) about Your visits to this and other websites in order to provide advertisements about goods and services of interest to You. If You would like more information about this practice and to know Your choices about not having this information used by these companies, click here.

10. Attorney’s Fees

In any formal action or suit to enforce any right or remedy under this Agreement or to interpret any provision of this Agreement, ranitos will be entitled to recover its costs, including reasonable attorneys’ fees.

11. Changes to this Agreement

ranitos reserves the right to revise the terms of this Agreement at any time and from time to time. Each time You use the Site, You are bound by the version of this Agreement that is in effect and posted on the Site at the time of Your use. Please review them.

12. Severability; No Waiver; Entire Agreement.

If any provision of this Agreement is found by a court of competent jurisdiction to be invalid or unenforceable, the parties agree that the remaining provisions of the Agreement will remain in full force and effect, and the allocation of risk described herein will be given effect to the fullest extent possible. ranitos’s failure to act with respect to a breach by You or others does not constitute a waiver of ranitos’s right to enforce its rights with respect to subsequent or similar breaches. This Agreement, along with any Site guidelines or policies posted on the Site or otherwise provided to You by ranitos, constitutes the entire agreement between You and ranitos with regard to Your use of the Site.

Site Content Copyright ranitos 2009 unless explicitely stated otherwise. All rights reserved.