PLEASE READ THE FOLLOWING CAREFULLY BEFORE ACCESSING AND/OR USING ANY PART OF THE SITE.
1. Modification. We reserve the right, at our discretion, to change these Terms at any time. Such change will be effective ten (10) days following posting of the revised Terms on the Site, and your continued use of the Site thereafter means that you accept those changes.
2. Site Access. During the period in which these Terms are in effect, we hereby grant you permission to visit and use the Site, provided that you comply with these Terms and applicable law.
3. Restrictions. You shall not:
- (i) copy any part of the Site without our prior written authorization;
- (ii) use, modify, create derivative works of, transfer (by sale, resale, license, sublicense, download or otherwise), reproduce, distribute, display or disclose Content (defined below), except as expressly authorized herein;
- (iii) disrupt servers or networks connected to the Site;
- (iv) use or launch any automated system (including without limitation, "robots" and "spiders") to access the Site; and/or (v) circumvent, disable or otherwise interfere with security-related features of the Site or features that prevent or restrict use or copying of any Content or that enforce limitations on use of the Site.
4. Intellectual Property Rights.
- Content and Marks. The (i) content on the Site, including without limitation, the text, articles, brochures, descriptions, graphics, photos (collectively, the "Materials"), (ii) and User Submissions, as defined below (together with the Materials, the "Content"), and (iii) the trademarks, service marks and logos contained therein ("Marks"), are the property of Dinarys and/or its licensors and are protected by applicable copyright or other intellectual property laws and treaties. The Site, the Site logo, and other marks are Marks of Dinarys or its affiliates. All other trademarks, service marks, and logos used on the Site are the trademarks, service marks, or logos of their respective owners. We reserve all rights not expressly granted in and to the Site and the Content.
- Use of Content. Content on the Site is provided to you for your information and personal use only and may not be used, modified, copied, distributed, transmitted, broadcast, displayed, de-compiled, reverse engineered, or otherwise exploited for any other purposes whatsoever (including, without limitation, to create derivative works) without our prior written consent.
5. Information Description. We attempt to be as accurate as possible. However, we cannot and do not warrant that the Content available on the Site is accurate, complete, reliable, current, or error-free. We reserve the right to make changes in or to the Content, or any part thereof, in our sole judgment, without the requirement of giving any notice prior to or after making such changes to the Content. Your use of the Content, or any part thereof, is made solely at your own risk and responsibility.
6. Disclosure. We reserve the right to access, read, preserve, and disclose any information that we obtain in connection with the Site, and your use thereof, as we reasonably believe is necessary to
- (i) satisfy any applicable law, regulation, legal process, subpoena or governmental request,
- (ii) enforce the Site Terms, including to investigate potential violations of them,
- (iii) detect, prevent, or otherwise address fraud, security or technical issues,
- (iv) respond to user support requests, or
- (v) protect the rights, property or safety of Dinarys, its users or the public.
1. The Site may contain links, and may enable you to post content, to third party websites that are not owned or controlled by Dinarys. We are not affiliated with, have no control over, and assume no responsibility for the content, privacy policies, or practices of, any third party websites. You:
- (i) are solely responsible and liable for your use of and linking to third party websites and any content that you may send or post to a third party website; and
2. We permits you to link to the Site provided that:
- (i) you link to but do not replicate any page on this Site;
- (ii) the hyperlink text shall accurately describe the Content as it appears on the Site;
- (iii) you shall not misrepresent your relationship with Dinarys or present any false information about Dinarys and shall not imply in any way that we are endorsing any services or products, unless we have given you our express prior consent;
- (iv) you shall not link from a website that contain content that (a) is offensive or controversial (both at our discretion), or (b) infringes any intellectual property, privacy rights, or other rights of any person or entity; and/or
- (v) you, and your website, comply with these Terms and applicable law.
9. Limitation of Liability.
1. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, DINARYS SHALL NOT BE LIABLE FOR ANY INDIRECT, EXEMPLARY, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES OF ANY KIND, OR FOR ANY LOSS OF DATA, REVENUE, PROFITS OR REPUTATION, ARISING UNDER THESE TERMS OR OUT OF YOUR USE OF, OR INABILITY TO USE, THE SITE, EVEN IF DINARYS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitations may not apply to you.
2. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF DINARYS FOR ANY AND ALL DAMAGES ARISING UNDER THESE TERMS OR OUT OF YOUR USE OF, OR INABILITY TO USE, THE SITE EXCEED THE TOTAL AMOUNT OF US$1,000.
10. Indemnity. You agree to defend, indemnify and hold harmless Dinarys and our affiliates, and our respective officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney's fees) arising from: (i) your use of, or inability to use, the Site; (ii) your User Submissions; (iii) your interaction with any Site user; or (iv) your violation of these Terms.
11. Term and Termination. These Terms are effective until terminated by Dinarys or you. Dinarys, in its sole discretion, has the right to terminate these Terms and/or your access to the Site, or any part thereof, immediately at any time and with or without cause (including, without any limitation, for a breach of these Terms). Dinarys shall not be liable to you or any third party for termination of the Site, or any part thereof. If you object to any term or condition of these Terms, or any subsequent modifications thereto, or become dissatisfied with the Site in any way, your only recourse is to immediately discontinue use of the Site. Upon termination of these Terms, you shall cease all use of the Site. This Section 11 and Sections 4 (Intellectual Property Rights), 8(Privacy), 9(Limitation of Liability), 10(Indemnity), and 12(Independent Contractors) to 14(General) shall survive termination of these Terms.
12. Independent Contractors. You and Dinarys are independent contractors. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between you and Dinarys. You must not under any circumstances make, or undertake, any warranties, representations, commitments or obligations on behalf of Dinarys.
13. Assignment. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you but may be assigned by Dinarys without restriction or notification to you.
14. General. Dinarys reserves the right to discontinue or modify any aspect of the Site at any time. These Terms and the relationship between you and Dinarys shall be governed by and construed in accordance with the laws of the EU, without regard to its principles of conflict of laws. You agree to submit to the personal and exclusive jurisdiction of the German Supreme Court and waive any jurisdictional, venue, or inconvenient forum objections to such courts, provided that Dinarys may seek injunctive relief in any court of competent jurisdiction. These Terms shall constitute the entire agreement between you and Dinarys concerning the Site. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and a party's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
YOU AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.