These Terms & Conditions of Use are the definitive legal version for all EU locales. Any translation into other languages has to be intended for ease of reference only.
1. General Overview
Welcome to klingenundmesser.com (“Web Site”), an informative web site aimed to present, review, promote and suggest products and services, either directly offered by us, or through third parties (products and services, collectively, “Services”). By entering the Web Site, or using the Web Site or the Services, you agree to comply with and be bound to these Terms and Conditions of Use (“Terms”), whether or not you are a registered user of our Web Site or Services. If you do not agree to these Terms, you have no right to access and use our Web Site and no right to use our Services.
2. Use of our Web Site and Services
We do our best to keep our Web Site safe, but we cannot guarantee it. By using our Web Site and Services, you should always act responsibly. By way of example and not limitation, you shall not:
a) Post any inappropriate, infringing, defamatory, profane, indecent, obscene, nasty, insulting, pornographic, sexually explicit, racist, religiously disparaging, illegal/unlawful matters or other inappropriate content.
b) Impersonate or reveal any personal information about another individual.
c) Intimidate, harass, bully or “stalk” any user of our Web Site or Services.
d) Use information obtained through our Web Site or Services for any unauthorized, illegal/unlawful purpose.
e) Ask for another user’s password or personally identifiable information.
f) Upload viruses or other malicious or harmful code, trojan horses, packet or IP spoofing, interfere with or damage our Web Site or Services.
g) Post any content or material that infringes copyrighted works or violates or promotes the violation of the intellectual property rights of any third party.
h) Use any robot spider or any automated device or manual process to monitor or copy any content or material of our Web Site.
3. Content Submitted to our Web Site
By creating, displaying, posting, submitting, transmitting, performing, publishing, distributing, uploading or broadcasting content and materials to the Web Site, including, without limitation, text, messages, comments, suggestions, photographs, graphics, videos, or personally identifiable information or other material (collectively, excluding any Web Site material not created by you, “User Content”), you hereby grant to us a perpetual, irrevocable, unrestricted, unconditional, worldwide, fully-paid and royalty-free license to host, use, display, reproduce, disclose, perform, adapt, modify, distribute, re-title, reformat, translate, archive, store, cache or otherwise exploit in any manner whatsoever, all or any portion of such User Content.
We have no obligation whatsoever to post to the Web Site any User Content from you or anyone else. At our sole discretion, we may edit, modify, limit, remove or delete all or any portion of User Content posted to the Web Site by you or anyone else.
4. Third Party Links and Contents
At our sole discretion, we may include, host or offer third party links, contents, products or services on our Web Site. We do not own and has no control, responsibility or liability whatsoever for the content and activities of these third parties.
User may link his/her own web site, blog or social account to any page of our Web Site. The appearance and other aspects of the link must not be such as to damage or dilute the goodwill associated with the Web Site’s name.
5. Affiliate Programs
Klingenundmesser.com is a participant in the Amazon EU Associates Programme, an affiliate advertising programme designed to provide a means for sites to earn advertising fees by advertising and linking to Amazon.de, in accordance with the EU Associates Programme Operating Agreement from Amazon Europe Core S.à.r.l. (“Operating Agreement”).
6. People under the Age of 18
Our Web Site and our Services are all directed to people who are at least 18 years old or older. If you are under the age of 18, you have no right to enter, register, send, upload or download information or use in anyway whatsoever our Web Site.
By entering our Web Site or using our Services, you represent that you are at least 18 years old or older.
7. Disclaimer of Warranties
YOU EXPRESSLY AGREE THAT USE OF ALL CONTENT, SERVICES AND MATERIALS IN THIS WEB SITE IS AT YOUR SOLE RISK. ALL CONTENT, SERVICES AND MATERIALS IN THIS WEB SITE ARE PROVIDED “AS IS”, “WITH ALL FAULTS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE WEB SITE, CONTENT, SERVICES OR MATERIALS WILL MEET YOUR REQUIREMENTS OR WILL BE UNINTERRUPTED, TIMELY, COMPLETE, SECURE OR ERROR-FREE. WE DO NOT WARRANT THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEB SITE OR SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR ANY OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF THE CONTENT, SERVICES AND MATERIALS IN THIS WEB SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO DATA, INFORMATION OR ADVICE OBTAINED BY YOU IN ORAL OR WRITTEN FORM FROM US OR THROUGH OR FROM THE CONTENT, SERVICES OR MATERIALS OF THIS WEB SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. YOU ACKNOWLEDGE AND AGREE THAT THE DISCLAIMER OF WARRANTIES CONTAINED HEREIN WILL SURVIVE ANY TERMINATION OF YOUR ACCOUNT(S) OR ANY SERVICES.
8. Limitations and Waivers of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, EMPLOYEES OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE WEB SITE OR THE SERVICES, WITH THE DELAY OR INABILITY TO USE THE WEB SITE OR THE SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE THE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE WEB SITE OR THE SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE WEB SITE OR THE SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WE OR ANY OF OUR SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, EMPLOYEES OR SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. WE DO NOT CONTROL OR ENDORSE THE INFORMATION, MATERIALS OR CONTENT THAT HAVE BEEN CREATED OR SUBMITTED TO THE WEB SITE BY USERS OF THE WEB SITE AND/OR THE SERVICES. THEREFORE IN NO EVENT SHALL WE BE LIABLE FOR SUCH INFORMATION, MATERIALS OR CONTENT. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEB SITE OR THE SERVICES, OR WITH ANY OF THESE TERMS AND CONDITIONS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEB SITE AND THE SERVICES. WE MAY DISTRIBUTE CONTENT SUPPLIED BY THIRD PARTY COMPANIES OR WEB SITES AND MAY PROVIDE LINKS TO EXTERNAL LOCATIONS OR WEB SITES OPERATED BY THIRD PARTIES. WE ARE NOT RESPONSIBLE FOR AND HAVE NO CONTROL OVER THE CONTENT OF SUCH MATERIALS OR THIRD PARTIES COMPANIES AND WEB SITES. ANY CONTENT, SERVICE OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEB SITE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DIRECT, INDIRECT OR SPECIAL DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH CONTENT, SERVICE OR MATERIAL. YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS AND WAIVERS OF LIABILITY CONTAINED HEREIN WILL SURVIVE ANY TERMINATION OF YOUR ACCOUNT(S) OR ANY SERVICES.
You agree to defend, hold harmless and indemnify us and our subsidiaries, affiliates, officers, agents, employees and suppliers from and against all claims and expenses, including attorneys’ fees and costs, arising out of your use of the Web Site or the Services and/or your breach or alleged breach of any term, condition, obligation, representation or warranty in these Terms.
We reserve the right to suspend or terminate any account that is either unused or have been used only once for a period greater than six (6) months.
11. Maintenance and Discontinuance of Services
In our sole discretion and without liability to you, with or without prior notice and at any time, we may modify or discontinue, temporarily or permanently, any portion of the Web Site and the Services.
Images, video and trademarks presented on the Web Site belong to their legitimate owners and are used exclusively according to the Operating Agreement. All other content and material on the Web Site (excluding any User Content), including text, are of our property and are protected by national and international copyright laws. All rights not expressly granted in these Terms are expressly reserved.
13. International Data Transfer
We operate and maintain our Web Site in the Czech Republic. Information collected elsewhere will be therefore transferred to, maintained in, and processed in, and under the laws and regulations of the Czech Republic. By using our Web Site or Services, you consent to such transfer.
If any provisioning of these Terms is held to be invalid or unenforceable, such provision shall be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision, and the remaining provisions shall be enforced.
15. Governing Law and Disputes
The Web Site is maintained and controlled in the Czech Republic. These Terms and all aspects of the Web Site and the Services shall be governed by the laws of the Czech Republic regardless of your location.
If there is any dispute, claim or cause of action between you and us about or involving these Terms, the Web Site and/or the Services, you acknowledge and agree that the dispute, claim or cause of action will be governed by the laws of the Czech Republic, without regard to conflict of law provisions. You agree to the exclusive jurisdiction and venue of the Prague Courts.
16. Changes to our Web Site, Services and Terms
We reserve the right to make changes to our Web Site, our Services or our Terms at any time without notice. In the event we decide to make changes to our Terms, we will post them and we will update the effective date at the end of this page.
We encourage you to read from time to time our Terms, so that you understand our current Terms, as your continued use of our Web Site or Services signifies your acceptance to any changes we made, make or may make.
19. Contact us
If you have any questions or concerns about these Terms and Conditions of Use, please feel free to contact us.
These Terms and Conditions of Use are effective as of October 1, 2014