|For use of Webergy Internet Software AG online services
Acceptance of terms
Webergy Internet Software AG ("Webergy") makes this Web site (the "Site"), including all information, documents, communications, files, text, graphics, software, and products available through the Site (collectively, the
One of the Services offered through this Site is a collection and file-sharing service known as Phoenix Internet Reservation System ("Phoenix"). Information, materials, files, communications, and documents that are posted by users in conjunction with the Phoenix service are referred to collectively as "Phoenix Content." The group of persons among which the collaboration and file sharing takes place is referred to herein as the "Work Group." All other user-supplied information, materials, files, communications, and documents, excluding the Phoenix Content, are referred to collectively as "User Content." "Webergy Content" means all Materials provided by Webergy. Phoenix Content, User Content, and Webergy Content may have different restrictions and conditions associated with them.
Types of users
Please be aware that certain activities on this Site, such as Phoenix, are available only to persons who are covered under a paid or trial subscription agreement with Webergy ("Subscribers") and persons invited by Subscribers to participate in such activities.
Use of Services
In addition to the Materials and Services offered by Webergy, this Site also makes available materials, information, and services provided by third parties (collectively, the "Third-Party Services"). The Third-Party Services are governed by separate license agreements that accompany such services.
Webergy offers no guarantees and assumes no responsibility or liability of any type with respect to the Third-Party Services, including any liability resulting from incompatibility between the Third-Party Services and the Materials and Services offered by Webergy. You agree that you will not hold Webergy responsible or liable with respect to the Third-Party Services or seek to do so.
Use of software
Use of Webergy Content and User Content
Except as indicated to the contrary
elsewhere on this Site, you may view, download, and print the Webergy Content and User Content available on this Site subject to the following
1. The Webergy Content and User Content may be used solely for personal, informational, and internal purposes.
2. The Webergy Content and User Content may not be modified or altered in any way.
3. The Webergy Content and User Content on the Site may not be distributed or sold, rented, leased, or licensed to others.
4. You may not remove any copyright or other proprietary notices contained in the Webergy Content and User Content.
5. Webergy reserves the right to revoke the authorization to view, download, and print the Webergy Content and User Content available on this Site at any time, and any such use shall be discontinued immediately upon notice from Webergy.
6. The rights granted to you constitute a license and not a transfer of title.
The rights specified above to view, download, and print the Webergy Content and User Content available on this Site are not applicable to the design or layout of this Site. Elements of this Site are protected by trade dress and other laws and may not be copied or imitated in whole or in part.
Use of Phoenix Content. Subscribers and other persons registered to use the Phoenix service may use the Phoenix content in any manner that has been agreed upon by the user providing such Phoenix content. It is your sole responsibility to discuss with others in your Work Group and determine what limitations, if any, are placed on your use of the Phoenix Content distributed within your Work Group. If you obtain access to materials created or used by others outside of your Work Group in conjunction with the Phoenix service, you have no right to use such materials in any way. You also acknowledge that Webergy has no liability of any kind should members of your Work Group modify, destroy, corrupt, copy, or distribute your Phoenix Content.
The trademarks, logos, and service marks ("Marks") displayed on this Site are the property of Webergy or other third parties. You are not permitted to use the Marks without the prior written consent of Webergy or such third party that may own the Marks.
For a current list of Webergy's Marks, as well as certain third-party Marks, please refer to trademark information.
License to Webergy for User Content
Certain Services offered through this Site accommodate or require User Content. Depending upon the nature of the Service, by submitting User Content to this Site, you grant Webergy one of the following types of
1. For User Content you grant Webergy a worldwide, royalty-free, non-exclusive license to modify (for purposes of formatting, maintenance, or Site administration only) and reproduce such User Content. You also grant Webergy the right to distribute and publicly display and perform such User Content for the purpose for which such User Content was submitted to the icense will be in effect until such User Content is removed from the Site. If you submit User Content to the Phoenix service, you acknowledge that such content may be modified and annotated, and Webergy may display the User Content together with such modifications and annotations solely for purposes of the Phoenix service. You acknowledge and agree that any User Content you submit to Phoenix, such as actions or extensions, may be downloaded, modified, reproduced, and distributed by users of this Site.
2. For User Content such as comments to the Webergy User to User Forums you grant Webergy and the users of this Site an unrestricted, worldwide, irrevocable license to use, reproduce, display, perform, modify, transmit, and distribute such User Content.
3. You explicitly allow Webergy to use inserted eMail addresses to communicate to the users of Phoenix, send related offers or offers from third parties. Webergy will never provide inserted email addresses to third parties.
License to Webergy for Phoenix Content
For Phoenix Content that is intended to be accessible only to members of your Work Group, you grant Webergy the right to copy, display, distribute, and otherwise use such Phoenix Content in connection with operation of the Phoenix service. You agree that Webergy may access and/or disclose such Phoenix Content if Webergy has a good faith belief that it must do so to (a) perform system administration, such as diagnosing and correcting problems, or testing any aspect of the Phoenix service; (b) respond to a valid court order or subpoena; (c) comply with legislation or regulations, including, without limitation, the Digital Millennium Copyright Act; (d) investigate complaints; or (e) protect Webergy or others from liability or damages.
Webergy has no obligation to retain Phoenix Content once the applicable subscription agreement has expired or terminated, and you agree that Webergy shall not be liable for any failure to store Phoenix Content after such expiration or termination.
You may submit only User Content or Phoenix Content to the Site that is (a) owned by you, (b) submitted with the express permission of the owner or within the scope of the license to such content, or (c) in the public domain. You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, harassing, libelous, offensive, defamatory, obscene, or pornographic materials, or other materials that would violate any law or the rights of others, including, without limitation, laws against copyright infringement, and rights of privacy and publicity. Violation of these restrictions may result in denial of or limitations on access by you to this Site.
In using the Site, including all Services and Materials available through it, you agree:
not to disrupt or interfere with any other user's enjoyment of the Site or affiliated or linked sites;
not to upload, post, or otherwise transmit through the Site any viruses or other harmful, disruptive, or destructive files;
not to create a false identity;
not to use or attempt to use another's account, password, service, or system without authorization from Webergy;
not to access or attempt to access any Phoenix Content which you are not authorized to access;
not to disrupt or interfere with the security of, or otherwise cause harm to, the Site, or any Services, Materials, system resources, accounts, passwords, servers, or networks connected to or accessible through the Site or any affiliated or linked sites.
Managing content and communications
Webergy may, but is not obligated to, monitor or review (i) any areas on the Site where users transmit or post User Content, including but not limited to areas where Services are available; and (ii) the substance of any User Content.
To the maximum extent permitted by law, Webergy will have no liability related to User Content or Phoenix Content arising under the laws of copyright, libel, privacy, obscenity, or otherwise. Webergy also disclaims all liability with respect to the misuse, loss, modification, or unavailability of any User Content or Phoenix Content.
Use and protection of account number and password You are responsible for maintaining the confidentiality of your account number, account name, and/or password, if applicable. You are responsible for damages resulting from all uses of your account number, account name, and/or password, whether actually or expressly authorized by you, unless access to your account number, account name, and/or password was obtained through no fault or negligence of your own.
WARRANTIES AND DISCLAIMERS
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN A WRITTEN AGREEMENT BETWEEN YOU AND Webergy OR YOU AND A THIRD PARTY WITH RESPECT TO SUCH PARTY'S MATERIALS OR SERVICES, THIS SITE, AND ALL MATERIALS AND SERVICES ACCESSIBLE THROUGH THIS SITE, ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, Webergy MAKES NO WARRANTY THAT (i) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE;
(iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE, OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, OR MATERIALS PURCHASED OR ACCESSIBLE BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE OBTAINED FROM OR USED THROUGH THE SITE, OR ANY DEFECTS IN THE SITE, ITS SERVICES, OR MATERIALS, WILL BE CORRECTED.
THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES, OR TYPOGRAPHICAL ERRORS. Webergy MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES AT THIS SITE MAY BE OUT OF DATE, AND Webergy MAKES NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.
YOU UNDERSTAND AND ACKNOWLEDGE THAT (i) Webergy DOES NOT CONTROL, ENDORSE, OR ACCEPT RESPONSIBILITY FOR ANY CONTENT, PRODUCTS, OR SERVICES OFFERED BY THIRD PARTIES THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, THIRD-PARTY VENDORS AND THIRD PARTIES ACCESSIBLE THROUGH LINKS ON THE SITE; (ii) Webergy MAKES NO REPRESENTATION OR WARRANTIES WHATSEVER ABOUT ANY SUCH THIRD PARTIES, THEIR CONTENT, PRODUCTS, OR SERVICES; (iii) ANY DEALINGS YOU MAY HAVE WITH SUCH THIRD PARTIES ARE AT YOUR OWN RISK; AND (iv) Webergy SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY CONTENT, PRODUCTS, OR SERVICES OFFERED BY THIRD PARTIES.
SOME STATES OR JURISDICTIONS DO NOT ALiLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT PERMISSIBLE, ANY IMPLIED WARRANTIES ARE LIMITED TO NINETY (90) DAYS.
This Site can be accessed from countries around the world and may contain references to Webergy products, services, and programs that are not available in your country. These references do not imply that Webergy intends to announce such products, services, or programs in your country.
The Site is controlled, operated, and administered by Webergy from its office in Germany. Webergy makes no representation that the Site, or the Services or Materials available through it, are appropriate or available for use at other locations outside Europe, and access to the Site from territories where the Site or any of its Services or Materials are illegal is prohibited. If you access the Site from a location outside the European Union, you are responsible for compliance with all local laws. See the section on export control laws, below, for further information.
Personal information and privacy
LIMITATION OF LIABILITY
IN NO EVENT, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL Webergy, ITS SUBSIDIARIES, AFFILIATES, AGENTS, OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT Webergy HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR THE INABILITY TO USE THIS SITE, ITS SERVICES, OR MATERIALS, THE STATEMENTS OR ACTIONS OF ANY THIRD PARTY ON OR THROUGH THE SITE, ANY DEALINGS WITH VENDORS OR OTHER THIRD PARTIES, ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED, ANY FAILURE TO STORE OR LOSS OF DATA, FILES, OR OTHER CONTENT, ANY SERVICES AVAILABLE THROUGH THE SITE THAT ARE DELAYED OR INTERRUPTED, OR ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE.
SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE LIMITATIONS AND EXCLUSIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.
All Webergy products and publications are commercial in nature. The software and documentation available on this Site are "Commercial Items," as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation," as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable.
Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §§227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are licensed to U.S. Government end users
(A) only as Commercial Items and (B) with only those rights as are granted to all other end users pursuant to the terms and conditions herein.
Indemnity and liability
Governing law and jurisdiction
This Site (excluding linked sites) is controlled by Webergy from its offices in Lindlar, Germany. By accessing this Site, you and Webergy agree that all matters relating to your access to, or use of, this Site shall be governed by the statutes and laws of Germany, without regard to the conflicts of laws principles thereof. You and Webergy also agree and hereby submit to the exclusive personal jurisdiction and venue of the Court of Cologne in Germany with respect to such matters.