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Terms and Conditions of Use

By accessing, browsing or using this website currently located at http://Publimedia.de (the “Web Site”) owned by Publimedia Advertising (“Publimedia”), the user of this Web Site and any individual or entity on whose behalf a user accesses or uses the Web Site (collectively, “You” or “Your”, as appropriate) you acknowledge that you have read, understood, and agree, to be legally bound by the following Terms and Conditions and to our Privacy Policy. They exclude any services provided to by Publimedia under a separate written agreement. This also means that you guarantee that someone who is using our Website on your computer will also comply with these Terms and Conditions of Use. Please read both carefully and often as they are subject to change. Please review these Terms and conditions of use which govern your use of and purchase of products from our Web Site. Your continued use of the Web Site after the posting of changes to these Terms and Conditions constitutes acceptance of the changes. If you do not agree to these Terms and Conditions, do not use the Web Site.”Publimedia” means Publimedia Advertising, whose place of business is at Brüsseler Strasse 20, 48455 Bad Bentheim, Germany.

You can accept the Terms of Conditions of Use by:
(1) by actually using the Web Site. In this case, you understand and agree that Publimedia will treat your use of the Web Site as immediate acceptance of the Terms and Conditions of Use from that point onwards; or (2) clicking to accept or agree to the Terms and Conditions of Use, where this option is made available to you by Publimedia in the user interface for any Service. You may not use the Web Site if you are not of a legal age to form a binding contract with Publimedia. Before you continue, you should print off or save a local copy of the Terms and Conditions of Use for your records.

Use of Material
You agree to use the Web Site solely for lawful purposes only. Unless otherwise agreed in writing with Publimedia, your agreement with Publimedia will always include, at a minimum, the Terms and Conditions of Use set out in this document. Your agreement with Publimedia will also include the Terms of any Legal Notices applicable to the Web Site, in addition to these Terms and Conditions of Use. All of these are referred to below as the “Additional Terms”. Where Additional Terms apply to a service, these will be accessible for you to read either within, or through your use of, that service. Both these Terms and Conditions of Use as well as the Additional Terms, form a legally binding agreement between you and Publimedia in relation to the use of the Web Site. It is important that you take your time to read them carefully. If there is any contradiction between what the Additional Terms say and what these Terms and Conditions of Use say, then the Additional Terms shall take precedence in relation to that service.

Intellectual property

Unless otherwise indicated, the materials displayed on this website, including, without limitation, the information, data, graphics, messages, music, images, illustrations, names, logos, photographs, layout of the cover of our magazines, the way and layout that we present our offers by publishing them on this website, software, sound, trademarks and service marks, video or other materials (“Content”) of the Web Site are the property of Publimedia and/or one of its subsidiaries, affiliates or licensors, and are protected by copyright, trademark, and other intellectual property laws. All rights, including copyright and database right, in Publimedia’s website and its contents, are owned by or licensed to Publimedia and the organisation and display of the Web Site as a whole is a collective work owned by Publimedia.
Permission is granted to display, copy, distribute, download, and print in hard copy portions of this Web Site for the purposes of:
a) placing an order with Publimedia or b) using this site as a shopping resource, provided you do not modify the Site and that you retain all copyright and other proprietary notices contained in the contents. Except in connection with shopping or placing an order, none of the contents, you are not allowed to sell, lease, license, loan, rent, modify, distribute, copy, in any manner mirrored, photocopy, download, reproduce, record, transmit, retransmit, disseminate, store in any medium (including in any other website), publicly display, publicly perform, publish, republish, posted electronically or mechanically, recorded, adapt, broadcast, edit or circulate any such material or any part thereof, frame or create derivative works from such content, without the written permission of Publimedia or the applicable copyright owner, in a separate agreement. Notwithstanding the above, you may print or download one copy of the materials or content on this site on any single computer for your personal use, provided you keep intact all copyright and other proprietary notices. You may not sell or modify the Material or reproduce, display, publicly perform, distribute, or otherwise use the Material in any way for any public or commercial purpose. You may copy the material on this website for the purpose of sending it, without any commercial objective, to individual parties for their personal information, provided that you acknowledge Publimedia as the owner and source of the material and that you inform the third party that these terms and conditions apply to them and that they must comply with them. Publimedia allows, but does not endorse and is not responsible for, hypertext links solely to the home page of the Web Site. You shall not copy or adapt the HTML code that Publimedia creates to generate its pages. It is also protected by Publimedia’s copyright.

Any other use of intellectual property contained on this website requires permission from Publimedia. Except as expressly mentioned above, nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent, trademark, copyright or any other property of Publimedia or any third party.
The Publimedia name and the Publimedia logo are trademarks, service marks, registered trademarks or registered service marks of Publimedia and may not be used without written authorization. Other trademarks on the Web Site are the property of their respective owners. Publimedia does not grant you any express or implied right under any patents, copyrights, trademark or trade secrets.

Notice of infringement of intellectual property rights
Publimedia will examine the notice of infringement of intellectual property rights and if possible take measure against it. If you are the opinion that your work on the Publimedia site has been used or copied in a manner that infringes the intellectual property rights, we ask you to inform us. This notice should: (1) be signed by the owner of the intellectual property rights or the person who is demonstrably authorized to act on behalf of the owner; (2) include a description of the work or works which in your view have been infringed upon with a specification of precisely what the infringement is; (3) include a description where the material that in your view forms an infringement can be found on the Publimedia website; (4) include contact details where Publimedia can contact you, such as your name, address, telephone number and e-mail address; (5) include a statement that in your view intellectual property rights have been infringed upon; (6) include a statement supported by documentary evidence that the information in your notice is accurate and complete and, on pain on committing perjury, that you are the owner of the respective intellectual property rights.

Links to Third Party Links
It is possible that our website includes links to third party websites (“Third Party Sites”). Because Publimedia has no control over any Third Party Sites, Publimedia does not endorse, has not reviewed and is not responsible for the availability of Third Party Sites. You acknowledge that use of Third Party Sites is at your own risk and that Publimedia is not responsible or liable, directly or indirectly, for any damage or loss you incur in connection with products or services available in Third Party Sites, not responsible for the content and manner of operation, accuracy, copyright compliance, legality, decency or other aspect of Third Party Sites. If at any time you find that you have accessed another site you may return to this site by clicking on the “backwards” arrow, or by keying in the domain address of Publimedia.

User Information
When you register for the Web Site, you will be asked to provide Publimedia with certain information including, without limitation, a valid email address (your “Information”). In addition to the terms and conditions that may be set forth in any privacy policy on this Web Site, you understand and agree that Publimedia may disclose to third parties, on an anonymous basis, certain aggregate information contained in your registration application. Publimedia will not disclose to any third party your name, address, e-mail address or telephone number without your prior consent, except to the extent necessary or appropriate to comply with applicable laws or in legal proceedings where such information is relevant. Please see our privacy policy for further details regarding your information.

Registration and Password
Some pages of the Web Site may be password protected. In the interest of safety and security of the business transactions, only registered users may access said pages. In order to provide our full range of services, you apply for your own account in the manner described on the Publimedia website. Publimedia may at its own discretion decide whether or not to supply you with an account. Publimedia particularly reserves the right to determine certain sites, which were previously freely accessible, subject to registration.
You guarantee to Publimedia that the information provided by you to Publimedia, is complete, truthful and accurate including your personal details such as your name and e-mail address. You agree that we save your details and use them in connection with the management of your account.
You yourself are responsible for maintaining the confidentially of your information and password. You will not grant others access to Publimedia by using your account. You are liable for everything that happens because of others using your account with or without your consent or knowledge in the period prior to the time that you inform us of any unauthorized use. At the end of each online session, the user shall log-off from the password protected websites. You agree to immediately notify Publimedia of any unauthorized use of your registration or password. You can terminate your account at any required time according to the procedure as described on the site.

Specific Prohibited Uses
The Web Site may be used only for lawful purposes by individuals, companies or advertising agencies seeking information regarding advertising possibilities, subscription possibilities, technical specifications as well as companies or advertising agencies that could be seeking for other individuals or other companies to do business with, as well as individuals who are seeking employment and career information as well as employers who could be looking for employees. Publimedia specifically prohibits any use of the Web Site, and all users agree not to use the Web Site, for any of the following:

  • Using any device, software, viruses, Trojan Horses, worms or routine to interfere or attempt to interfere with the proper working or even damage, delete or appropriate a computerised work or make data unfit for use of this Web Site or any activity being conducted on this site.
  • Notwithstanding anything to the contrary contained herein, using or attempting to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Web Site other than the search engine and search agents available from Publimedia on this Web Site and other than generally available third party web browsers, for example Netscape Navigator, Microsoft Explorer.
  • Posting or submitting any incomplete, false or inaccurate information or information which is not your own.
  • If you have a password allowing access to a non-public area of this Web Site, disclosing to or sharing your password with any third parties or using your password for any unauthorized purpose.
  • Attempting to decipher, decompile, disassemble or reverse engineer any of the software compromising or in any way making up a part of the Web Site.
  • Revising any material posted or submitted by any other person or entity.
  • Taking any action which imposes an unreasonable or disproportionately large load on this Web Site’s infrastructure.

Web Site Security Rules.
Users are prohibited from violating or attempting to violate the security of the Web Site, including, without limitation, (1) accessing data not intended for such user or logging into a server or account which the user is not authorized to access, (2) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (3) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Web Site, overloading, “flooding”, “crashing”, “mail bombing” or “spamming”, (4) sending unsolicited e-mail, including promotions and/or advertising of products or services, or (5) to collect data about the users of this site, or (6) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting, or (7) to use data about users of this website with the aim of sending spam or to facilitate the sending of spam, or (8) to use this website for commercial purposes without the prior written consent of Publimedia. Violations of the system or network security may result in civil or criminal liability. Publimedia will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

The software which you use may automatically download and install updates from time to time from Publimedia. These updates are designed to improve, enhance and further develop the Web Site and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates and permit Publimedia to deliver these to you as part of your use of the Web Site.

About our Prices
The prices advertised on this site are for Internet orders. Prices on some items may differ from those charged at our Office. Prices and availability of booking possibilities are subject to change without notice. Additionally, prices may vary based on your order. Any possible “list prices” used on this site are the publisher standard prices and may not be indicative of the actual selling price. Any reference to “savings” used on this site indicates the average savings off the “list price”. Your actual savings can vary upon depending upon the order booked and the date of transaction. We reserve the right to limit sales, including the right to prohibit sales to re-sellers. We are not responsible for typographical or photographical errors. We reserve the right to cancel or limit any purchase made contrary to the terms of any offer, discount, promotion or that otherwise is not in compliance with these Terms of Use or applicable law.

Uploading files/license
You acknowledge and agree that by making files, data and/or materials available to Publimedia, by which in these Terms and Conditions of Use amongst others is meant: uploading them, you automatically grant to Publimedia: (1) a free, unencumbered, worldwide, non-exclusive license to (a) use, reproduce, disseminate and publicise the files, data and/or materials, (b) to use and reproduce, and allow third parties to use and reproduce the files, data and or materials via any medium whatsoever for marketing and/or promotional purposes; (2) the right to remove, intentionally or unintentionally, and for any reason whatsoever and also without any reason being given, from the Publimedia servers and any files, data and/or materials made available by you, without Publimedia becoming liable to you or a third party in any way whatsoever. The license meant above expires at the moment you remove the respective files, data and/or materials from the Publimedia website. You acknowledge and agree that the files, data and/or materials you have made available to Publimedia, can and will be used by other users of the Publimedia website. Publimedia does not accept any liability for the compliance by the users of the Publimedia website with these Terms and conditions of Use. You therefore acknowledge that it might be possible that the files, data and/or materials made available by you to Publimedia, are used in a manner which is contrary to or is not provided for in these Terms and Conditions of Use. Publimedia is not liable for any acts by a third party which are contrary to these Terms and Conditions of Use or any legal provision or other lawful act of a third party. You guarantee to Publimedia that you are the fully entitled party with regard to the files, data and/or materials as meant above and that you are fully entitled and authorized to grant the license as meant in these Terms and Conditions of Use. You indemnify Publimedia and all its affiliated companies and persons an also the users of the Publimedia site against any claims by third parties based on the allegation that the files, data and/or materials infringe any current, for example intellectual property, right of third parties or are otherwise unlawful towards third parties and against any claims resulting from your acts in contravention with any guarantee as meant in these Terms and Conditions of Use. All the costs incurred and damage suffered by Publimedia in any way in connection with these claims will be reimbursed by you. By making files, data and/or materials available to Publimedia, you guarantee that (1) you are authorized to do so in accordance with these Terms and Conditions of Use and that you are entitled to grant Publimedia the rights as meant in these Terms and Conditions of Use; (2) any file, data and/or material uploaded or made available by you is original and does not include sampled material unless you have obtained a license to use such sampled material; (3) you are the original writer of all the text included in the file, data and/or material or that you have been granted a license with regards to this text of the original writer(s) and/or owner(s) of the copyrights of the original works from who this text has been derived; (4) the files, data and/or materials made available by you do not contravene any law, or infringe any rights of third parties including contractual rights, intellectual property rights, privacy rights and neither are they otherwise unlawful to third parties or Publimedia, and that no consent or license is necessary or required from you or any third party; (5) you are not restricted by any lack of competence, restriction or prohibition with regard to your right to act in accordance with these Terms and Conditions of Use and/or to make files, data and/or materials available; (6) Publimedia will not be obliged to make any payment of any nature whatsoever to whomsoever, including persons and parties whose performance or concepts are including in the files, data and/or materials made available by you, or its producer(s), publisher(s) or maker(s) including the collective copyright organisations; (7) you are exclusively responsible for all the licenses, reports and payment obligations to any third party including, but not limited to, collective copyright organisation, in connection with the use of the files, data and/or material made available by you as meant in these Terms and Conditions of Use.

You understand that by using this Web Site you may be exposed to content that you may find offensive, indecent or objectionable and that, in this respect, you use the Web Site at your own risk.

Information Submissions provided by you
Where you are invited to submit or that you transmit to this site any contribution (including without limitation any text, graphics, video or audio) you are required by such submission or such transmission to grant Publimedia a perpetual, royalty-free, non-exclusive, sublicenseable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, play, and exercise all copyright and publicity rights with respect to any such work worldwide and/or to incorporate it in other works in any media now known or later developed for the full term of any rights that may exist in such content, consistent with privacy restrictions set forth in Publimedia’s Privacy Policy.
You agree that any material, information, and ideas that you transmit to this site or otherwise provide to Publimedia (“Transmissions”) shall be and remain Publimedia’s exclusive property, including any future rights associated with such submissions or transmissions, even if these Terms and Conditions of Use are later modified or terminated. This means that you disclaim any proprietary rights in such submissions or transmissions, and you acknowledge Publimedia’s unrestricted rights to use them (or materials or ideas similar to them) in any medium, now and in the future, without notice, compensation or other obligation to you or to any other person. If you do not wish to grant such rights to Publimedia, it is suggested that you do not submit or transmit your contribution to this site.
All submissions and Transmissions will be treated as non-confidential and non-proprietary and Publimedia shall be under no obligation of any kind with respect to such information and shall be free to reproduce, use, disclose, and distribute the Transmissions to others without limitation. Additionally, Publimedia shall be free to use any ideas, concepts, know-how, or techniques contained in such information for any purpose whatsoever including, but not limited to, developing, manufacturing, or marketing products incorporating such information. You further agree that Publimedia may use information about your demographics and use of this site in any manner that does not reveal your identity. In addition, you agree, and are hereby put on notice, that you are prohibited from posting or transmitting to or from this site any unlawful, threatening, libellous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any other material that could give rise to any civil or criminal liability under law. You are solely responsible for the content of any comments you make.

You agree that you are solely responsible for (and that Publimedia has no responsibility to you or to any third party for) any content that you create, transmit or display while using the Web Site and for the consequences of your actions (including any loss or damage which Publimedia may suffer) by doing so.

To End your relationship with Publimedia
If you want to terminate your legal agreement with Publimedia, you may do so by (1) notifying Publimedia at any time and (2) closing your accounts for all the services that you use on the Publimedia Web Site, where Publimedia has made this option available to you. Your notice should be sent, in writing, to Publimedia’s address which is set out at the beginning of these Terms and Conditions of Use.
Publimedia may at any time, terminate its legal agreement to you if: (A) you have breached any provision of the Terms and Conditions of Use or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms and Conditions of Use; or (B) Publimedia is required to do so by law; or (C) the partner with whom Publimedia offered the Web Site to you has terminated its relationship with Publimedia or ceased to offer the Web Site to you: or (D) Publimedia is transitioning to no longer providing the Web Site to users in the country in which you are resident or from which you use the Web Site; or (E) the provision of the Web Site to you by Publimedia is, in Publimedia’s opinion, no longer commercially viable. Nothing in this section shall affect Publimedia’s rights regarding of provision services. When these Terms and Conditions of Use come to an end, all of the legal rights, obligations and liabilities that you and Publimedia have benefited from, been subject to or which have accrued over time whilst the Terms and Conditions of Use have been in force, or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions shall continue to apply to such rights, obligations and liabilities indefinitely.

PUBLIMEDIA’S LIABILITY
Publimedia does not warrant that the Web Site will operate error-free or that the Web Site and its server are free of computer viruses or other harmful mechanisms. You shall, for your own protection, take the necessary steps to ensure appropriate security measures and shall utilize a virus scanner before downloading any information, software or documentation. If your use of the Web Site or the material results in the need for servicing or replacing equipment or data, Publimedia is not responsible for those costs.

Publimedia is providing this website and material on an “AS IS” basis and makes no representations or warranties of any kind. Publimedia, to the fullest extent permitted by law, disclaims all warranties, whether express or implied, including, without limitation, warranties or conditions of title or implied warranties of
merchantability, fitness for particular purpose and non-infringement.

Although Publimedia believes the content to be accurate, complete, reliable, and current, Publimedia declines any responsibility for incomplete, outdated, inaccurate, unreliable or not up-to-date information posted on the Publimedia website, and expressly disclaims liability for errors or omissions in its content. Prices and availability information is subject to change without notice. Publimedia does not guarantee that the Publimedia website is accessible at all times and without interruptions or breakdown.

By accessing this website or using the information on this website you accept these terms and conditions and waive any and all claims against Publimedia, its officers, employees, agents, subsidiaries, and affiliated companies harmless from any and all claims, demands or other liabilities, including legal fees and costs, that are made by any third party due to or arising from your use of the Web Site or any material, information, opinions or recommendations or your breach of these Terms and Conditions.
You agree that if Publimedia does not exercise or enforce any legal right or remedy which is contained in the Terms and Conditions of Use, or which Publimedia has the benefit of under any applicable law, this will not be taken to be a formal waiver of Publimedia’s rights and that those rights or remedies will still be available to Publimedia. Verbal statements, promises or arrangements have no legal effect unless they have been confirmed in writing. If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms and Conditions of Use is invalid, then that provision will be removed from these Terms and Conditions of Use without affecting the rest of these Terms and Conditions of Use. The remaining provisions of the Terms and Conditions of Use will continue to be valid and enforceable. This website is governed by Dutch law. If Users access Publimedia Web Site from outside the Netherlands, they are exclusively responsible for compliance with all applicable local laws. Any and all disputes arising from these terms and conditions or in connection with this website shall be exclusively submitted to and finally resolved by the competent courts of The Netherlands, to the jurisdiction of which courts you are to submit.

Disclaimer of Consequential Damages
In no event shall Publimedia, its suppliers, or any third parties mentioned on the Web Site be liable for any special, indirect, exemplary damages or any damages whatsoever (including, without limitation, incidental and consequential damages, loss of use, lost profits, or damages resulting from lost data or business interruption) without regard to the form of any action; including; but not limited to contract, negligence, or other tortuous actions, resulting from the use or inability to use the Web Site and the material, whether based on warranty, contract, tort, or any other legal theory, and whether or not the company is advised of the possibility of such damages.

Discontinuation of services
In addition to the other (legal) remedies at Publimedia’s disposal, we are entitled to restrict your activities in connection with our website, to discontinue and/or remove your account temporarily or permanently, remove files, data and/or materials, notify users of your activities, send out a warning and refuse to provide services to you, particularly, but not limited to, in the event that: you act contrary to these Terms and Conditions of Use; we are not able to verify or identify any data provided by you to us; we hold the view that your acts may inflict damage or create liability to yourself, to other users or to Publimedia. Publimedia will not have any liability whatsoever in this respect.

Modification
Publimedia reserves the right to modify, improve and/or change these Terms and Conditions as well as the content of this Web Site and/or the products and services referred to on this Web Site or restrict access to the Web Site at any time without notice. Publimedia may revise these Terms and Conditions of Use by updating this posting. You agree that in the event any portion of these Site terms of use are found to be unenforceable, the remainder of these Site terms and conditions shall remain in full force and effect. You agree that Publimedia may provide you with notices, including those regarding changes to the Terms and Conditions of Use, by email, regular mail, or posting on the Web Site. By using this site you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then current terms of use to which you are bound.

All Rights Reserved.
 


© PUBLIMEDIA 2012