CONTRACT
TERMS AND CONDITIONS FOR THE USE OF AND PARTICIPATION IN THE SERVICE
Present "Terms and Conditions of Use" (henceforth referred to as: Contractual Terms) contain and define the conditions pertaining to the access and use of the Service, (henceforth referred to as: Contents, Services, and Products) provided by Heffner Communications Media AG, (henceforth called: Service Provider) as presented and marketed on Golden Gate Homepage. (referred to henceforth as the: Page) This Contract applies to any and all natural persons (referred to henceforth as the: User, or Customer) visiting the Page, including the thereby mandatory acceptance of conditions that regulate the conclusively reciprocal and contractual relationship, and the relevant and respective rights, responsibilities and obligations between Provider and User as defined herein.
The present Contract Terms shall be regarded as authoriative, mandatory and decisive regarding this Contract; including and regarding all cases and instances with respect to the use of the Services provided herein, and define the proper and obligatory legal relationship between Provider and User.
Provider herein informs User, and User takes notice and accepts the condition and fact that according to the Terms of this present Contract, (Terms and Conditions for Use) Provider is entitled to make unilateral alterations, modifications, and/or amendments to the Terms to the Contract of Access and Use. In such case Provider will notify User of the impending changes through the Provider's home Page under the heading of "Changes", prior to their effective date. This information will be availibile in a printable format as well.
Provider informs User that the prevailing provisions of the Terms are as pertaining to II.3. points (paragraphs) and will be displayed on the Opening Page, and can be printed out from there.
I. THE PROVIDER'S DATA AND INFORMATION
1. The Owner and Operator of the Page is: Communications Heffner Media AG
2. The Corporate name of the Provider is and registered as: Communications Heffner Media AG
3. The abbreviate (short form) name and reference to the Provider is:
4. The registered address and legal location of Service the Provider has, is: Grubel Street 5.; Zug, 6301 Switzerland
5. The legal Authority who is responsibile for the Registration of Provider is:
6. The Providers' Registartion (business license) Number is:
7. The Providers' Tax identification Number is:
8. The Primary e-mail Address of the Provider is:
II. DEFINITIONS OF THE TERMS OF THE CONTRACT
1. The delivered Service hereby means: all contents, services, merchandises or provisions marketed or delivered through the systems of Provider. Every such service or value, that had been made availibile on the Page by the Provider to the User. (Costumer)
2. The herein defined Terms of Registered Services mean: Every such Service, Merchandising, Use, Link, etc. that recquires a documentation and regisrtation from the Users' prior to the participation.
3. Opening Page: The sub-Page, that appears at the time of accessing the Page, and on which Provider calls to the Users' attention the fact, that the information, links, pictures, videos and other informations provided therein do contain explicitly erotical (sexual) materials; that the page openly displays such content, (materials) and that such presentation might be offensive to some; that the visitation of the Page is legally forbidden to all persons under 18 years of age; and that the use or visiting of the Page is prohibited in such locations, where the prevailing current, laws, regulations or ordinances forbid its' access; and the Page offers the opportunity to decline the visitation, and ensures the cancellation of the log-in, and offers the log-off possibilities.
4. User (Costumer): Every natural person who registers or logs-in on the Opening Page.
5. User ID. (digital name). The screen-name assigned to the registered users, consisting of a chain of characters chosen by the User, by which the identification of the User can be ascertained by Provider, and which is suitable to distinguish the identities among the varios Users of the System.
6. Owner of royalties or providential Rights: The Provider, the Owner of the Service or Content, or a Third Party having a Contractual relationship with the Provider, who, as the owner of the proprietary right or royalty, copyright ascribed or authorized, assign, confer, or transfer the use of the therein presented material for the unrestricted use or utilization of Provider.
7. Product: (Content) Every creation, wheather an object or Service in nature, that can be downloaded from, or ordered through the Page, the combinations of these, wheater in their entireity or in parts, the listed items coded or direct, and their utilization in the proper version of the program.
8. Third Parties: Other legal, natural entities, or organizations not having a sepatate, individualized and legal identification as such, besides the reference or association the Provider or User.
9. Terms and reguletions of Purchase Ordinances: The rules governing the purchases and their rules of comformity and conclusion to accomplish, execute, perform the recquirements of regulation, statues, procedures, -rules of procedures that can be accessed and downloaded from the Page, that can be unilaterally altered by Provider in a similar fashion to that of the rules governing the alterations of the Terms as stated above.
III. LOG-IN AND REGISTRATION PROCESS
1. By completing the log-in process throght the Opening Page, User implicitly must and does accept, and regard as obligatory the compliance to the observance and adherence to the conditions and restrictions stated in the Terms. By logging in, User impicitly acknowledges herein, that he indeed did read and understands the conditions as stated in the Terms, regards them as mandatory to comply with, and moreover, that he consents to the access and use to the data and information necessary to the use or participation of the service according to the criteria defined in the Terms of Service as stated.
2. User hereby recognizes and accepts, that he shall not, under any circumstance make the contents of the pages availibile or accesibile to anyone under the legal age, (18 years or as defined according to the legal, lawful recquirements of the location ) and that he will not and can not use or access the Page in any such locality, where the currently prevailing laws, rules, ordinances or social-cultural norms make such use prohibitive.
3. User accepts the practice of the Provider, that Provider will place a cookie to the computer of the User, by the function of which User will be able to access the Pages without the need of re-logging in to the Opening Page (without any further recquirement for acknowledgement, statement or identification), in order to serve the comfort of the User, and that such cookies will remain on Users' computer until User removes it. By such functional facility, User shall be able to enter the Pages as a registered User without any subsequent and necessary further need of identification. The relevant rules of connecting to the page are defined in the Point (paragraph) VIII.14. of the present Contractual Terms.
4. User is entitled to access, use, and utilize the numerous services offered, following the log-in, without repeated registration.
5. User shall access the Registered Services made availibile by voluntary registration. Than, the registered User shall acquire, according to the conditions stated on the Page a Golden Gate, or a VIP membership.
6. At the successful conclusion of the registration process, Provider shall notify User through electronic means of the success of the transaction. This acknowledgement and the consequent confirmation contains the Users' self-choosen, accepted and thus registered screen name and password as well.
7. Provider reserves the right anytime to decline the recquest for registration without any specific justification, or to suspend or void the same, especially in cases regarding:
-when the given or submitted information is untrue or false,
-decisions made by Provider regarding and relating to the special interests of the Provider,
-an occurence of whatever abuse, imposition regarding the personal data (information) concerning the Provider, the Page, the Service system, other Users, or the presented products or occurences. In such cases Provider will timely notify User of such decision through e-mail, prior to the feffective date of the impending limitations or terminations.
8. Throght the process of registartion, there are opportunities to supply (upload or furnish) the obligatorily as well as the non mandatory information(s) recquired, for the uploading of data. Provider will accept, or register a change or alteration, a modification in the informaton (data), and entrusts, and as per need authorizes, the furnished registration only, if all mandatory data and information had been dully, formally and properly funished and assigned (affixed) by User.
9. It is of the recommendation of Provider, that User should regularly alter his keyword, that he should refrain from giving such personal and confidential data to anyone, and should not store such information in places accessibile to anyone else. As for the changes of the password, the system of the Provider will send automatic notices to the User, through e-mail. In such case, that User should forget or loose his password, the Providers' system will send a new access code to the costumer to his e-mail address given at the time of the original registration.
10. User is entitled to change or alter the data given at the time of the original registration. Consequently, and thereby User is obligated to inform of any incurrent change to the Provider, within at the maximum of 8 (eight) days of their occurence. (effective date)
IV. THE PROVISIONS AND CONDITIONS OF USE OF THE SERVICES PROVIDED
1. It is the obligation of the Provider to make the offered Services accessibile to the User according to the terms of the Terms of the present Contract.
2. Provider will make the accesibility to the congruent and related pages and links avalibile through its own Pages.
3. Provider shall make the offerd merchanises' accessibiity tthrough the Page, including their availibility for download, and present the different and necessary payment methods, according to the terms of the Purchase Conventions as defined. According to the information provided on the Page, Provider assures User, and User accepts and recognizes the factual condition, that the prices listed therein are presently the best availibile (possibile) for the User as offered by Provider. The actual prices to be paid by the User will depend according to the quantity of the merchandise bought and of the method of the means of payment choosen by User.
4. User will be able to access and use the products and Services provided and accessed through the Registered Services, after logging in through the Registration page.
5. In order of necessity on the part of the User to access the Services of the Registered Services, the User must have to possess a valid internet address and to have internet accessibility, as well. User at the same time must take cognizance, accept and recognize, that in order to use certain products, he might need additional hardware and/or software programs, that the use of these products are voluntary and are entirely within his responsibility. Provider at the same time reserves the right to alter or change the nature and necessity of the corresponding softwares for the download, forward, copy, or use of the offered Products.
6. It is explicitly forbidden for the User to violate, or trying to violate the security of the Providers' Homepage in any way, including and accentuated especially regarding the following occurences:
- to access data therein not authorized or intended for the User, or trying to register under illegal, or unathorized Username;
- to attempt to inspect or analize the possibile vulnerability of the system or network, spying over the same, testing the system or network in any way, shape or form, or without proper authorization to violate the security of the system or entitlement, authority, its' controlling or safety measures, provisions, procedures or the various safety protocolls;
- to make an attempt of interference, or intervention in the operation of the Service as provided to any User, host or network; the disturbance of the same, including, but without the pretension of completenes or entireity the following: to place a virus in the system or in the participating or connected computers; on the homepage, or overloading the homepage, flooding the homepage, spamming, (unauthoirzed, un-invited massive special mail) mailbombing, or any attempt to crash the system in any way or means;
- To send automated and uninvited mass-mail (spam), including the advertisement or of any kind of propagation of products, services (to allow or introduce computerized uninvited mass mailing);
- The adulteration of any TCP/IP protocoll or system, or the manipulation and/or adulteration of any of the data contained therein, eighter fully or completly, or partially through the e-mail, newsgoups, chat-lines, (systems) etc. A violation, or even an attept trying to violate the security of the system might result in legal and/or criminal charges and consequences, proceeds of calling to accountability, that might result in a consequent penalty, User hereby mandatorily pledge, commits itself, and promise, and thus obligates itself that he will not use any means, including hardwares, softwares, implements, instruments, devices or processes, that could disturb the proper, intended operation of the system, and he will refrain from making any attept by and through any means to cause a disturbance within the preordained operation or function of the system or of the Page, to participate or allow a participation of any kind of disturbance affecting the functionality of the system knowingly or by not following th.e normal safety prcedures.
- To furnish any information and/or definition, clarification regarding the operation of the system, and for the handling of the similar type of needs and recquests to the Provider empowered to maintain the special accessibility means to and through the Page, to the Costumer Service. The Homepage of the Service do publish the special, as defined in the paragraph IX. conditions regarding the rules of personal protection and the consequent provisions, recquirements and conditions as defined under the title of the "Provisions of the data Protection Protocolls" within this present document.
V. THE SCOPE, EXTENT VALIDITY AND JURISDICTION OF THE CONTRACTUAL TERMS OF THE PRESENT DOCUMENT
1. The scope and the terms of the present Contract are equally obligatory to both the Provider and User. The legal relationship governing the status and the relative footing or liasion between Provider and the respective Owner(s) or Beneficiaries of the Proprietary Rights are stated in a separate Contract between the respective Parties per the items in question. The Terms of this Contract also do not apply to the financial institutions who are managing the payments or are the managers or executors of the respective financial obligations. These Institutions thereby are exempted from the reciprocal terms governing the legal relationship between Provider and User.
2. The judiciary relationship between User and Provider herein is being created and comes to force legally, when the User "logs in" or registers to the Page, and by doing so, implicitly accepts the conditions of the Terms of the present Contract, without the need of a special statement to declare or announce so.
3. The Terms of the Contract are valid, applicable and binding for a presently undetermined period of time, have no time-limitation, and so, it is in effect for an indefinite duration in time.
4. When Provider does makes an unilateral alteration to the Terms of the Contract, Provider will inform User, prior to the effective date of the impending changes through a posting under the appropriate heading on the home Page.
5. Provider is not obligated to execise, practice or utililize its' right to publish such changes, when these changes are being made in regard, and in respect to an information regarding a change in the data concerning the Provider; being an introduction of (a): Service to other, new homepages: an introduction of a new service, or other changes, that do not affect the terms and conditions of the presently existing and valid Contractual Terms and Conditions pertaining to the current User(s), nor would affect the existing Contractual Terms with the User.
VI. THE TERMINATION (CESSATION) OF THE JUDICIARY RELATIONSHIP BETWEEN PARTIES .
1. User is entitled to make an announcement toward Provider, that User thereafter does not to wish to continue to participate, take part, or use the Services of the Provider in the future through the means and procedural descriptions presented on the Page. In such case, Provider will immediately suspend, terminate or delete Users' membership registration as a member.
2. Provider is entitled to terminate the judiciary or legal relationship with User (Costumer) through an e-mail notification sent to the address of the User within 8 (eight) days prior to the effective date of the above declared termination.
3. Provider is entitled to decide and to effect an immediate termination of the membership of the User, when/if the User violates any points or paragraphs; a contractual direct or implied recquirement or legal obligation of the Terms of the present Contract of Participation of Use, or when any transaction initiated by User had not been/or can not be completed according to the terms and/or within the deadlines as defined in the Contractual Terms, defined and previously signed and thus agreed upon by e Parties.
4. Provider is also entitled to employ, apply or institute, instead of the invocation of the ultimate sanction of absolute termination, a temporary, limited, and restrained provisional limitation of services, or in lieu, to suspend the services until the cessation of the practice of the objected violation(s). In such cases Provider shall inform User of the impending or actual decision, of the nature and extent and of the expectable and possibile consquences of such eventuality,(meaning for example the cause(s) of the suspension, its' terms, modes and processes of termination, limitation, the recquirements of the cessation of the incurred aqction, in detail, etc.) through e-mail. In such cases, Provider is entitled to tie the reinstatement or restarting of th Service to additional, individually defined criteria as seems appropriate by Provider.
VII. THE PRICE OF SERVICE (RENUMERATION FOR RECEIVED GOODS AND SERVICES)
1. There are au gratis and for-fee services offered on the Page, as well, and the rules pertaining to the purchases of merchandise through the Page are stated in the Purchase Conditions and Agreement per item and issue.
2. User commits itself to pay, clear, settle, or compensate (reciprocate) for each and all, any and every for-price or charged item(s) received or for fee bought item (purchased) through the Services offered on the Page. User is responsibile for the timely, equivalent and normal payment for each thus occured fee and charge.
3. User herein recognizes and accepts the responsibility and concurrent, legally binding obligation that for everything bought through the electronic services provided at the Page shall be dementory to his acceptance of the Terms of the Contract in its entireity, and expresses his honest acceptace and intention to equivalate the resulting offset value.
4. User can fulfill his financial obligations through any of the payment means and methods offered on the Page.
5. Provider reserves the right to change the prices of the services/products offered on the Page anytime and unilaterally, without any restriction.
6. User recognises, and accepts the fact, that a given transaction shall be regarded as complete and concluded, when he (the User) did in fact paid the given merchandise/service' offset price to the account (benefit) of the Provider or to the respective owner of the owner of the respective royalty rights, and thus the given transaction had been transferred or activated.
VIII. WARRANTIES, RESPONSIBILITIES AND LIMITATIONS
1. Provider hereby declares and announces, that the contracted Services will be availibile, accesibile, and ready for use at the time of the establishment of the contractual legal relationship.
2. Provider will do everything reasonable in order to ensure the problem free operation, continuance and effectiveness of the Service; however, at the same time declares free itself of the responsibility for the the possibly occuring, nad/or occasional damage or loss due to the unintended failure or other unindetified shortcomings or insufficiencies of the System. User recognizes the fact, that the continuos provision of the Service might be interrupted without the knowledge or intent of the Provider. In light of this, the Provider can not guarantee the uninterrupted, continuous service, or the faultless operation of the Page, or to ensure that the access to the Page will be always flawless under all conditions. Nonetheless, in such occasions of disturbance or temporal difficulty, Provider will do everything within its' power to eliminate or mitigate the apparent problem or difficulty, and to re-establish the accessibility to the Page as soon as phisically possibile, but understandably can not make a promise as for the time necessery to correct the problem.
3. Provider will do everything in its power to ensure and maintain the speed and reliability of the connection, speed, security and reliability of the exchange or flow of information, but by the nature of the process, can not offer any guarantees for occasional delays, temporary access or other difficulties or for the occasional, unexpected and unanticipated, but possibly occuring loss of information through the data-traverse within the system. The Page, and its' manager and/or provider, namely the Provider do not accept, and can not be held responsibile or accountable for a possibly and occassionally for an incidental occurence of a damage or loss of the information, data, documentation, or other recorded materials accessibile therein, wheather directly or indirectly, due to the irregular, improper, unfit or unsuited or directly useless to perform and accomplish the intended purpose and use, thus resulting in an improper unfit suitable operation, conclusive deficiency, malfunction or operational fault, misinterpretation than the responsibility and accountability is explicitly and entirely free from Provider. Provider therefore herein explicitly and emphatically calls to the attention of the User, that, in case, that User orders a given service or merchandise to be delivered at a previously declared, specific date or occasion, User shall take into consideration of the divergences arising from the payment methods or incidental system problems, and thus Provider can not assume nor guarantee the responsibility for the timely delivery and acceptibility, including the usefullness of the given item or service in question.
4. Provider is entitled to suspend the Service without any previous notification or information for maintenance purposes.
5. Provider reserves its right to develop, alter or change the Page or Service.
6. Provider reserves its right to fully or partially terminate or cease the service provided, or of the operation of the Page or Service without a prior notification to the User. (Costumer).
7. Provider reserves the right to immediately alter or change the prices of the Services or merchandises offered through the Service, and thus also to remove certain items from the list of offerings. User recognises and accepts the provision, (condition) that in case of the discontinuance of a given Offering, Provider is not obligated to provide the further accessibility or availibility to the item in question. In such instances, when User had already paid for the Item or Service in question, he is entitled to receive a replacement Merchandise or Service of the same value.
8. Provider can be held responsibile only for those instances, that were the result of of his intentional or seriously defective merchandising or marketing tactics, actions or behaviour deliberately. The scale and claim of the financial resonsibility and indemnification can not exceed the value of the actual damage or loss casued by, and resulted by the given transaction. The to be paid value of the price, renumeration, and indemnification for the defective products or Services will be calculated and assessed according to the view of the declared and implicit limitations regarding the responsibility, or possibility for the exemption and release from any procedures or responsibilities for indemnification.
9. Provider can not held to be responsibile, nor can be held accountable for the Information, Content, Products, or Services provided on the page, with especial exclusion being declared heren regarding any Content, Product, or Information furnished and supplied by any of a Third Party source or interest. Further, the responsibility for the use of the Service belongs entirely up to the User; and therefore Provider shall not commit itself to any kind of warranties, guaranties, or assurances regarding the quality, or any possibile damage to the computer(s) or in any other way or respect to the User through the connection to the Services or Page. Provider herein excludes the responsibility and accountability for all and under any justification that might be constructed as a claim for responsibility, that might be sourced or interpreted to the using of the page or a purchase of a merchandise; a possibile default or failure within the Service system; or for any problem that might arise by the incompability between the programs and/or equipment (softwares, and/or hardwares) of the Provider and User, or of an incurring internet "virus" infection.
10. Following the receipt of the merchandise or the download of the Item by User, Provider can not be held responsibile for any damage to the Item, its loss of value, distruction, or damage. In such a case, that the Product already had been delivered and accepted by the User in a damaged condition, the applicable avenues for indemnity, or claims of warranty must be made through and by the respective provisions as stated in the Purchase Agreement. User can effectiate his recquest for indemnification and guarantee, -if any-, in such cases, by returning the defective product to Provider, therein including the validated proof of the paid-for purchase, and the description of the item in question, inluding the item or merchandise as well.
11. The safety for, and the security and protection against unathorized, and thus indiscreet use of the Username and the Password is solely the responsibility of the User. User shall not give out these inherently confidential information; to delegate, to transfer, to convey or to assign these data to any third person, and can not use, or attempt to use the transfer of the accesibility to the Username and Password to any other person. User therefore is exclusively responsibile regarding any breach of data-security of a transaction that had been conducted by the use of these security devices, and thus User will be held responsibile for all purchases or any other transactions conducted through any abuse thereof financially as well. User must assume full responsibility to notify the Costumer Service of the Provider of any illegal or unathorized use of all data and information regarding security, or of any other violation or irregularity concerning the issues of security immediately. Provider is not responsibile for any loss derived from the inproper storage, transference or conveyance of these data to any third party especially since these actions would be deemed illegal contractually anyway.
12. User hereby declares that the data and information provided by him at the time of the process and at the time of filling out the forms of registration, and occasionally asked for in all other instances, when such recquest for data are being made by the system is for in order to ensure, that the recquest for the access to Services and Identifications are true and valid. Provider explicitly excludes any and all responsibility for the recquirement for idemnity for possibile damages occuring from the originally faulted (false) or improper submission or providance of improper or disfunctional of data, false e-mail addresses, but at the same time reserves the right to claim indemnity and compensation for the damages possibly caused to Provider by User. (trough these practices) Provider is not responsibile for any possibile damage that had been the result of the failure of providing notification by User regarding changes in the data, but reserves the right to seek indemnification if such occurence should cause any problem, loss or damage to Provider.
13. User accepts the condition, that Provider is not responsibile for any such damage or abuse, imposition, misuse, that miht occur or had been incurred (arose, sprung) through or during by the execution or conveyance of any payment methods; thus Provider can not be held responsibile for the loss of a Bank-Card, if such loss had not been reported to the issuing institution by the User timely. Provider herein is expicitly declared free of any and all responsibilities for any faults or shortcomings, or for the security of the applied and utilized payment system method. In case of banking money transfers, Provider can not be held responsibile for the timeliness of the transaction, with especial regards to the banking hollidays, or problems created by the incorrect suppliance of the payer-ID, or for naming and/or giving an incorrect sum to be transferred. Further, Provider will not be responsibile for damages occuring as a result of SMS transfers if the submitted codes are not proper.
14. Provider can not be held responsibile in any way, shape or form for any violation of the law, trespass, special agrievement, or for any other damage resulting from the placement of "cookies" on the Users' Personal Computer. The responibility of the Provider is thus explicitly excludes such instances, that are the result of the use of the PC by unathorized, illegally operating third party or other unathorized identity, making the access without the proper authorization without the proper log-in protocol to the Opening page, that might result of the apperance of the prohibited, adult pages, containing expicitly and openly displayed sexual contents that might be objectionable or violating the sensitivities of some.
15. Provider hereby frees itself of the results or consequences of any unlawful use, access or utilization, or the default or omission thereof regarding the Page.
IX. THE PROTOCOLS, RULES AND HANDLING OF THE (PROTECTION) PERSONAL (CONFIDENTIAL) INFORMATION
1. Provider is legally and without restriction entitled, and have the implicit consent of the User to store, process and use all data, information, pictures etc. that had been uploaded to the Service Server. User hereby excpicitly recognises and accept the condition, that such personal or other relevant data shall, can and will be used by Provider, in order to develop and refine the quality of the Service to maintain and ensure the rights and interests of the User, by following his internet activities among other utilizations and to enlarge the Contents supplied and published by Provider to achieve the greatest number of materials, ease and comfort for the User. Provider is especially entitled to:
- release information when such activities are proscribed by law, including the obligation to release such information to the legal authorities when recquired;
- to use the information given at the time of regisrtry for statistical and marketing purposes;
- to properly use, utilize and process the personal informations given at the time of registry;
- To use and utilise the audiovisual materials uploaded by User to the Page.
2. Provider can acces the personal informatins only to the extent, that is necessary for the proper and faultless execution of the Service. If there is an extratemporous information, that came into the awareness of Provider, the contents of these can be revealed to a third party only in accordance with the terms and stipulations written in the present Terms of Contract.
3. Provider herein declare, that he shall and must abide by the pertinent legal restrictions and proscriptions and will conform to them in toto (by) all the in tempora provisions regarding the protection of personal data, information and banking (bussiness and financial) secrets; and third party, unathorized entities shall not, and will not be able to gain access to such insofar as it is preventable. Regarding the protections of User, Provider is obligated to folllow the relevant legal necessities and restrictions throughout all phases of the operation.
4. Provider shall respect and keep in confidentiality all of the personal data of the User, and will (shall) treat them in the utmost secrecy and confidentiality. At the same time Provider must call to the Users' attention, that there might be such, third-party operated Pages or links, that are not part of the Providers' domain and under control, and the data protection protocolls of these Pages might differ from the one obligated, practiced and maintained by Provider.
5. Service Provider hereby declares and states, announces, declares, that all of his subcontractors, agents, assignees, trustees and emloyees are obligated to hold to the same security and confidentiality recquirements and norms as they they were stated by, practiced and applicable to Provider.
6. It is fully within the sphere of responsibility of the Provider, and activity to diligently protect the personal data and information of User (Costumer), especially with respect to any protect against any occurence of violation, and protection from any unauthorized use/access to and/or through these protected data, such as any; alterations, changes, publications, deleting items, intentional damage, deletions, and must protect User (these) against any such possibility. (beyond the the provisions set down on this Contract; especially with respects to unauthorized entries into the data banks, without prior permissions being given by User, changes, attempted changes and alterations to the data and the records contained therein, including the basic understanding and stipulation, that no such personal data shall be used without the explicit permission of the User/Costumer, and provider will prohibit any third party to access and use of these informatiins in any way, shape, or form,)
7. Beyond the criteria specifically established within the present Conditions of Use, Provider, will refrain from using the Users' personal information without his consent, and will not allow others to do the same eighter.
8. Provider commits itself to the principle and practice, that he shall not release any information of personal nature regarding the User without Users' prior consent, unless he recquired and must do so by Law, regulation, Court Order or other, similar conditions, that are obligatory and mandatory.
9. User is entitled to ask for information regarding the treatment and handling of his personal information and is entitled to view, access, investigate, audit and inspect all pertinent data and their handling. (treatment)
10. Provider shall maintain and direct the database and registration of the registered Users, and the contents of the information base contained therein and the whole of such shall and will be deleted immediately at the time of the termination of the legal relationship between Provider and User, with the exception of the previoously uploaded and released (freed) audiovisual contents. User moreover accepts the condition, that Provider is entitled to register the activities of the User, and entitled to log and maintain a diary (record). The fate of the thus resulting files (.log) will be determined (decided) according to the Providers' applicable bussiness policies, that is: they can be saved or deleted. In a case of an incidentally occuring legal dispute, Provider could save these files until the conclusion of the legal issue.
11. User must excercise the utmost care and most vigorous acceptable vigilance regarding the protection of his personal data, especially those that are related to the access to the Services provided, such as the Username and Password protection protocolls and procedures. User hereafter shall be held responsibile for any and all transactions or uses, that had been actualized through the use of his Username or Password.
12. Provider can not be held responsibile for damages caused by any deviant, unathrorized use of the protected, personal data, not authorized in the Terms and Protocolls of Use if that is a result of the the interference, intervention, of a third party or if it is the result of the Users' intentions or irresponsibility, as long as the Provider abided to and by the Terms as stated within this Contract.
13. Provider herein states, that during the proces of data-forwarding or data-storage, a third party can not legally access the information contained. User accepts that Provider is not responsibile nor can warrant or guarantee for the security of the transactions that had been executed through the system of the Users' financial institutions, and for bank-card payments; the relevant rules and procedures are contained in the pertaining, definitive legal recquirements.
14. The data protection protocols declared and contained herein shall be applicable without limitation to the stated protocols in Chapter XII., with respect to the acquired rights of the Provider.
X. THE RULES GOVERNING THE USE OF THE PRODUCTS AND SERVICES.
1. User, according to the principles of the present Terms, acquire a non-exclusionary, private right for the enjoyment of Content in accordance to the relevant royalty rights. Every kind or means of recording or copying possibility shall serve exclusively the comfort of the User, and shall not be interpreted as a given, inherent "ownership" right to a Product, Content, Audio, Music, Graphic, or to other materials protected by the respective royalty rights or property protected materials, and these do not mean or imply that the owners of the royalties or trade rights relinquished any of their rights, claims or titles to the given materials to the benefit of the User.
2. By the downloading, copying of any information of the data by user does not, in any sense or way shall be constructed as a transference of ownership, rights, interest, or being interpreted within a legal construct or connection as a precedence of ownership, All the existing rights regarding the ownership of the materials of any nature shall remain in the sole possession of Provider, (or in the respective or applicable, occcidental, owners of the rights or royalties) and User is allowed only to the limited, Contractually determined, not transferable and designable, but not exclusive, not permittable use of the materials, regarding the private use for enjoyment of the Products in question.
3. The making of a copy can not be conceived (constructed) as a free use, even though the process the copy had been made for private use or viewing, if it had been done by electronic or digital means to an electronic data storage appliance or instrument.
4. User can not reproduce, publish, forward, circulate, present, broadcast or alter the Products neighter partially nor in their entireity, and can not make adaptations or process, edit or change them, and can not sell or market nor can participate in the selling or marketing of the products in any way, shape or form directly or indirectly.
5. User can not redesign, take to a part, dissasemble, alter, or change the product, nor can he disable the systems and protocols protecting the integrity and security of the same, interfere with the copy-protection of the system, nor manipulating the functions that limit the use of the product as agreed.
6. After the downloading of the given product, User is forbidden to digitalize any of the products, nor can he upload the same to the internet. User is equally forbidden to connect or use in conjuction the product with any, third party originated, other application (such as complimenting the film with audio components). User furthermore is not permitted to market or offer for sale the product; herein including, but not claiming inclusivity (totality) of the marketing, sale or envaluablement or renumeration through any means, or the offering and/or release the product to auctions.
7. Provider, in spite of the practical use and application of the terms (words) "sell", "merchandise", "order", "purchase", does not give any ownership interest or right to User regarding the products, but these definitions should be understand and interpreted merely as a permission (authorization to) for personal use and enjoyment, and are not representing or meant as a direct or implied permission to excercise ownership in any way. The relationship between Provider and User are not of the nature of a resale, and Provider does not accept orders for resale, does not offer a situation of dealership, distribution, exporting, wholesale, from any entity desiring a place in participation as a resale agent or product distribution participant.
8. Without any limitation contained or embodied in the present Terms of Use, Provider does not assure or gives any guaranties regarding the compability of the Products or Services to a given CD-writing or other digital storage device. For the use and compability of the proper functioning and faultless operation of the devices employed, the User hereby assumes full and exclusive responsibility.
9. The delivery and transference of the Product shall not be interpreted or constitued as a right of transference of right for the sale or marketing utilization of the Products, hereby including any and all advertisement privileges.
10. User recognizes and accepts the possibility, that the bought and downloaded products and informations might contain certain security provisions and solutions, whose technological purpose is to protect the digital contents. User hereby commits itself to, by purchasing the Products, that he does submit and subject itself to the declared and implied restrictions and conditions; that the purchased Product shall be and authorized only for use as declared in the present Terms of Use, and submits to the provision, that any use divergent from the therein declared conditions might result in legal or criminal consequences. Therefore, Provider is entitled to occasionally inspect or review the relevant and pertinent activities of the User, his compliance to the provisions of the Terms of Use, and frther, to enforce the compliance to these principles. Whereas Provider becomes aware of any improper or unathorized use, that constitute a divergence or violation of the contractual terms as defined within the present Terms of Use, or in compliance with the special individual conditions attached to the utilization of the given Product, provider is entitled to terminate the accessibility or utilizability of all the Products previously downloaded by User through technical means.
XII. TRADEMARKS OWNERSHIP AND COPY RIGHTS
1. The trademarks and signatures appearing on the Homepage of the Provider constitute the exclusive property of the Provider or of the respective owners of these rights and/royalties. Without the explicit, written permission from the Provider or from the owners of these, the symbols or trademarks can not be displayed, distributed, copied, duplicated or published to and by any third party.
2. The marks or indications appearing on the Homepage referring to the contents and/or other informations are under the protection of international copyright royalty protections, and the connected privileges constitute the property of the Provider or the respective owners of these rights. Therefore, the thus accessibile data and information can not be copyed, duplicated, distributed, or published by any third party without the explicit, written permission of the Provider or Owner(s) as applicable.
3. Regarding every and all idea, observation or recommendation, regarding the Page, Provider shall exclusively and without limitation inherit all of the relevant, legal Rights. Provider thus shall become the sole and exclusive owner of all such, and the use of any and all such data, information or idea is only at the discretion of his; and that inherited ownership right can not be limited in any way, shape or form. Provider is entitled to use, utilize, market, multiply, publicate, alter, distribute, etc. these without any obligation to provide any reimbursement, renumeration or payment to the originating User or to the maker of the suggestion or idea.
XII. THE PROVISIONS GOVERNING THE UPLOAD OF AUDIOVISUAL CONTENTS BY THE USER TO THE PAGE
1. Through the provisions given through AT regarding the Page, User is enabled and entiteled to upload audiovisual data according to the Terms and Conditions as defined in the Contract of Registration. By uploading a (the) given content, User states, accepts recognizes and implicitly and assuredly declares and guarantees, that the thus released and uploaded materials' personal content or data had been released by the necessary, explicit, legally acceptable consent from the User or from the involved third party, (if there is any) and that the operation does not violate the personal, copy or patented (patent right protected) rights, and thus the content or information uploaded can be accordingly to the current legal perscriptions legally published. The present defined stated and declared condition shall be applicable to all theme, call or proposition published on the page, irregardless of the related accessing subchapter' definition, simply by the pushing of the "access button" appering on the Page as well. As such, publications appearing under the "Candid Camera and other such Captured Pictures" for example, should and are recquired to comply to the same legal criteria, such as are expected in the cases -for example- of the pictures taken in public places, and thus there is a recquirement of the attachment of the necessary legal, governmental permits; for these presentations do not mean the published content, but rather of the transmission of the feeling, spirit, moral or tone of the captured moment. In case of the materials sent in in response to the "Amateour Contests" category, presented under the same title-button, the rigorous adherence of the legal recquirements are equally mandatory, (like the neccessity and recquirement of the attachment of the copies of the corresponding, lawfully recquired permits, if the recording had been done in a public area, for example, etc.)
2. User hereby declares (asserts, states), that regarding any material, that falls under the jurispondance of the corresponding legal protections, and had been uploaded to the Page by User, had been done and executed through rigorous following the legal permission processes as obtained from the original owner of the respective rights, and thus had been done lawfully and in accordance to the pertinent regulations, protections ordinances, and fulfills all other applicable legal recquirement; and thus the publisher do posesses the necessary legal permissions for use and publication. For the use and renumeration for any and all materials that are falling legally under the royalty protection provisions, or to any other system of renumeration due to the owners of the respective rights that belong to the originator(s) the responsibility thereafter expicitly and solely encoumbers and belongs solely the uploading User,
3. The User, by uploading materials to the Page, implicitly agrees and consents to the publication and unencoumbered use of the materials in question. At the same time, Provider therefore is entitled to alter the data regarding the materials in question, to change, alter or delete some, to edit and so forth etc.; without restriction, and without any prior or specific notice to anyone. (such as names, titles, descriptions, etc.)
4. User, by uploading the given contents to the Page, through the specific modes and avenues provided for these ends, implicitly acknowledges and hereby gives unlimited his permission to Provider for the use the uploaded contents in question without any restriction or limitation. Thus Provider does in fact becomes the unrestricted owner for all practical purposes, and the sole user of any and all such uploaded data and information, and his use and utilization of these can not be restricted or limited any way, shape or form. Provider is thus entitled to market, realize, sell, duplicate, use, publicate, rework, edit, or transfer these contents, -including the information containing personal data-, without the recquirement to provide any kind of consideration, renumeration, payment or make an offset of any kind to User, beyond the automatical acknowledgements and credits, that are automaticaly contained and accepted by the upload and access conditions and process to the Golden Gate.com.
5. Service Provider, within the context of the Terms of Use or Participation regarding the upload of data, will provide User the option of accessing and using the Pages without any followable personal identification matrixes, by blanking out the visual pictures or other means of identifications, -irregardless of the possible acquisition of the rights of use from Provider-; Provider can not make the outblanked pictures or means of identification usable or recognizable even through or by a process of redesign or re-editition including the manipulatiion of the surfaces therein involved or regarded, Past this process, Provider can not, and will not guarantee or ensure anonimity in the future.
6. User must refrain from the use and from the access to the Page by the application or use of the Username and/or Password of another User, or from the various types of manipulations or internet techniques regarding the numbers and the monetary value of visitors to the uploaded data. User furthermore is prohibited from the utilization of the Page and the process of the uploading of contents, that serve the purposes of private enrichment or advertisements.
7. User can use and participate in the option of uploading only by and throght accepting full responsibilty for the given action, and therefore Provider hereby explicitly excludes any and all responsibility or accountability for such action or their consequences from (on) the side of the User.
8. According to the herein stated principles, insofar as they are in accordance and in accordance and agree with the pertinent legal recquirements and necessities, it is hereby declared, that the contents uploaded by User shall not:
- violate the rights of the owners of he same rights
- can not be of a nature, that can be interpreted as something that can be used or do in fact incite national, religious, racial, sexual, or political conflicts,violence, or anything that might be interpreted as a calling for a widespread political resitance;
- shall not call for the use of substances, that are unrecomended for the maintenace of a healthy life;
- can not contain any instigation, agitatation, or being interpretentable as incidentary for any unlawful activity or behaviour;
- can not contain any illegal or unlawful behaviour regarding the marketing data or information that are in conflict with the rules governing the free market and are contrary to the rules and principles to the free market and free competition economy; items, that are lawfully prohibited, or any information that can be used and interpreted as such, including the disburtion of the illegally obtained financial data or confidential business information, or a call or appeal to engage in such practice;
- can not be in conflict with any other legal restrictions or recquirements.
9. Provider is entitled to delete anyting from the Page, without explanation or justification.
10. Provider will immediately delete the given contents as soon as the call to do so by the legally authorized person is received in the proper and correct form and means or ways of access. In this respect, under the "Definition of Terms", the Term means:
- the "Rightful Person" shall mean: a person, whose correct personal informations are displayed (contained in the displayed data), or information, such a person, whoose personal, proprietary or patented rights, or whoose connected proprietary entitlement or right that violates the given published content is valid and current,
- the term, "Proper Form" means:
- personal data or data connectibile to the person, regarding the identity of the person in question through properly ascertained, written documentation regarding the establishment of identity, that is consistent within its own body regarding the relevant answers to the questions in the quest, and the acceptable means of identifications are as follows;
- 1; the inclusion of the uploaded content;
- 2; the inclusion or atachment of a data or information, that would establish the identity witouht question,
- 3; the receipt/ arrival of the relevant quests' from the appropriate and acknowledged, legal e-mail address.
2. In case of the involvement of the question of proprietary rights, the documents establishing or ascertaining the existence of such rights in a written and unquestionably valid and proper form of inquest or procedural demand.
- and a proper and utilizasable mean of accesibility shall be interpreted and undersood as an address as recquired at the Page, at the time of registration or enjointment.
XIII. PROVISIONS AND CONDITIONS/RECQUIREMENTS OF CHAT SERVICES
1. The terms and conditions of the Chat Services are laid down in the body of the basic Terms of Contract, and the present provisions are merely a finessing of the general terms defined tehereof regarding special conditions.
2. The Chat Service can be accessed at the page and are availibile to all registered users without any other extra payment freely according to the Terms of the present Contract. Provider herein declares, that User is entitled to this service, and that User is not responsibile to any legal, monetary, or any other obligations regarding the utilization and enjoyment of this free service, but it comes also with the understanding, and condition, that the use of the Chat Services that are to be employed and used are only and solely to the Users' responsibility.
3. In order to keep the quality of the conversations on a high and acceptable level, and to keep the possibile violations regarding the social norms and human rights, Provider created and instituted a system of moderation during the verbal or other exchanges during the sessions. The object of these regulations are to prevent any violations regarding the rights or violations to (of) the privacy of the parties, or to mitigate the occasional consequences of such, without undully limiting the lawfully guaranteed rights of self expresion of the personal opinion of the involved parties.
4. Under the conditions listed below, in the case of the activities of the User, that might be in conflict with the pertinent legal recquirements and norms, Provider is entitled, and might cease the publication of the materials in question, in such case, immediately and without any justification, when the materials in question are in violation of laws, royalty right restrictions. Provider also can delete the web access and registered user-name of the violating User in question, who can be even excluded from the Chat-Line Services or registration unilaterally, at will as per a perceived necessity as listed below:
- for the unpermitted publication of personal data in the display windows, and the publication of the Usernames or/and the Acces Codes therein (the publication of the name, address, or telephone number are regarded especially as lawfully protected personal informations and protected data, with the exclusion of the username, for that might/could be a fictional terminology. (A name- that can not be reliably ascertained or audit, verify is legally fictional; therefore this per se can not be regarded as a protected personal data)
- the use of such language or vocabulary, pictures, names, information, of the Users, that might violate the sensibilities of certain Users in the public windows, or are in conflict with the pertinent legal recquirements and norms, -such as pedophily, use of drugs, mass murderers, dictators's, etc.-; references in an unacceptable context wheather being made in text, pictures or information;- etc.-
- a violation of the privacy rights and protections involving personal information, etc.; in such cases when the violated party or some of the Users explicitly objects to, or makes a legal move to cease the given practice,
- to make a discriminatíve statement or expresion of opinion regarding and/or based on the condition of nationality, religion, language, or political status, especially if the statement in question might be interpreted as an instigation or if these or any of these could be implied to refer to a minority, including the violations that can be interpreted as such.
5. According to the terms and conditions as partially listed above, the named deviances are to be regarded as minor violations, that are made in order to ensure the peaceful and orderly operation of the Page, and the Chat Service, and had been made in order to protect the rights and comfort both of the Provider and the User. Provider herein reserves the right to immediately and unilaterally, without any prior warning to terminate such presentations of internet presences, that could disturb the peaceful enjoyment of the virtual community. Such decision by the Provider might involve an item in question, a temporal or permanent exclusion from the Chat Lines, or in extreme cases to the permanent exclusion of the identity from the registry as a whole.
- drawing. (the practice of making such a vertical lines of characters, that by displaying will present a picture or word-line, that simply by their digital dimensions will disturb the flawless use of the page in the "common rooms", by the other Users
- scripting ( an application of a program designed by a trird party, whoose primary purpose is to automatically, without the active participation of the User is to send uninvited chains of characters to other users)
- advertising (to propagate any service, product, or internet link, connection or recommendation, employing their proposition massively and repeadetly; (occasionally even in spite of the decraded opposition to the practice), the copying, or setting (diverting) the given uninvited contents through and into the distant or a bounce-back host, to uninvitingly forward to "ghost" url-adressses, distant and/or practicing a systemized, computerized automatic, uninvited system-periodical delivery)
- to to make prohibitive or useless the "chat-room" for example by using all-capital letters, (digital "screaming") self repeating notices and messages, or chains of characters, ("flooding" the channel), continuous or repeated use of vulgar vocabulary, gross and pointless arguments in the common windows, etc.)
- to provide seemingly legal access to third parties, who are not factually or legally authorized to enter, use and access the system, use of IRC, entering from other pages against the established codes or protocolls, "bouncing back" or "redirecting", or the provision of such use and access to other, unathorized parties,
- to publish private conversations or their records or notes on the internet or any other medium in any form, or using such as a reference, including the publication of access such as giving out or publishing the revelant http addresses or links;
- evading the process and protocolls of the mandatory moderation (like trying to evade by using another username by the User)
- the unjustified harassment, causing a disturbance, holding up, or sabotaging the work and function of the moderators;
6. User hereby recognizes and accepts the fact and condition, that Provider is legaly entitled to limit or alter his rights and accessibility to the Page or the settings regarding the same without any prior warning or notification when provider sees such action proper,
7. If User feels, that he had been shortened or undully restricted in his rights of the Chat Line by the Provider by the process of moderation, or by the lack thereof, he can access and lodge his complaint, comment or observation through the access mode indicated on the Page to the Provider. Provider thereafter will investigate the complaint or observation, and to notify the User of the concluding results, as soon as with respect to the processable workload, that is, the possibile function of its capacity. The User is entitled to make his complaint within tree (3) days of the occurence, but not later, than 15 (fifteen) days maximum of the objected practice or occurence, past these deadlines the complaint shall losse its validity, that is the issue becomes moote after this deadline.
8. The ordinances declared herein are applicable to the use and operation of the Forums and Chat Rooms of the Page, and shall be consequently interpreted and applied as such, with especial regards to the regulative process of moderation.
XIV. VIS MAJOR, ACTS OF GOD
In the occurence of a strike, war, terrorist activity, or any social activity that can not be defined as a strike but in effect disrupts the commerce, an embargo relating to the import or export of goods or values of any kind, fire, blocade, flood, natural catastrophy, serious disruption of energy supplies, an occurence of a not-forseen or forseable disruptive condition, man-made or natural, or anything of this nature, that are beyond the controll of Supplier, and of anything, that will result in a negative consequence, that neighter the Supplier or a participant are unable to overcome, and thus prevents them from fulfilling their obligatory services, than the involved party can not be accounted for any dereliction of failure of fulfillment of his respective duties, and furthermore, he can not be held responsibile for any loss, damage, that had been or came to as a (the) result of the given occurence.
XV. CLOSING ORDINANCES AND DECLARATIONS
1. Provider is entitled to employ and/or hire subcontractors, in such case however, he is responsibile for the activities and actions of the subcontractors as if these entities would be his own. Thus, he is recquired to enforce and maintain the conditions and qualities regarding his own behaviour, according to the terms of the Contract Terms and Conditions as defined and executed, and consquently being obligatory to all participating Parties, as having been agreed, signedand executed. Subcontractors are responsibile to the results of their actions as Provider would been, and the ultimate responsibility lies with the Provider. wheater these were named or implied.
2. Provider is a public, financial Corporation, registered and headquartered in Switzerland and thus the terms of the present Contract Agreement are subject and under the jurisdiction of the pertinent laws of the Swiss legal system as applicable, whose conditions shall be regarded and accepted as definitive, irregardless of a possibile legal collision to some other legal regulation or ordinance. Provider therefore will not accept the authority or validity of any outside or external rule or regulation, that might be in conflict or opposition to the herein accepeted jurispodance and authority, and commits itself (submitts) to the relevant Swiss ordinances. Provider furthermore declines and denies any responsibility for such possibly occuring situation, that might arise from the conflict or collusion between the herein accepted jurispondance and authority of the Swiss legal system as appointed and accepted, regarding the Services or mechandises offered and accessibile through the Page, and Provider shal not be held responsibile fro the possibile discrepancies or conflicts between the relevant laws and regulations of the Swiss Federation vis a vis the corresponding regulations of a third Country, and Users shall log-in or are permitted to log-in and engage in activities that might result in such disharmonies entirely and exclusively to their own accountabity and responsibility.
3. Any reference to any part to the Conditions of Use, wheather in their entireity or partially, including any references pertaining to the appendixes, subchapters or special conditions contained directly or by inference shall be interpreted and regarded to the document as a whole.
4. Contracting Parties hereby agree and declare, that regarding any possibile legal disputes between parties shall be excusively decided by the pertinent legal authority under whose jurisdiction Provider, based on its' legal address (or location) falls, irregardless of a possibile legal and/or territorial collision, and differences of the legal interpretation.