| 1. | The Service is provided to individuals. Any commercial use of the Service is prohibited unless under agreement with the owner of the site. Users will abide by all applicable national and international laws and are responsible for any actions taken under their user name and password. |
| 2. | You are responsible to any material or information you are transmitting to any other user or upload to the site. Any content provided by you is your responsibility alone. The owner of MinxaM does not control such information and its distribution through the site. |
| 3. | You are prohibited from using the services of MinxaM to spread any unlawful or harassing or abusive materials and you will refrain from distribution or use of any threatening, obscene or vulgar material of any kind. |
| 4. | You are prohibited from using the services of MinxaM to spread any hateful or racially or ethnically objectionable material. |
| 5. | You are prohibited from using the services of MinxaM to spread or publish material that may infringe on the intellectual property rights, copyrights, trademarks or other rights of any third party. |
| 6. | You understand that you might be exposed to objectionable, offensive and indecent material transmitted by other users. |
| 7. | You are prohibited from using the services of MinxaM to distribute junk mail, spamming, or to collect information on other users including their email addresses without their agreement. |
| 8. | You are prohibited from taking any action to disturb the use of the services by others, distribute material that contains viruses or any other harmful programs. This includes interfering with the working of the network, attempts to gain unauthorized access to a service or other computer systems that are part of the site, any other site or that are owned by other users or my partners, by use of the available services. |
| 9. | You will not publish any advertising materials without an writen agreement from the owner of MinxaM |
| 10. | As a user you are responsible for your account, the password to your account and any activities conducted while logged into the account. You are responsible for the confidentiality of the password and the account. You will notify the owner of MinxaM of any unauthorized use of your account or any breach of security. You will make sure that the account is protected by a non trivial username/password combination. |
| 11. | You are prohibited from using the services of this site to achieve any revenue what so ever. |
| 12. | You are prohibited to use any kind of automatic tools, written programs or scripts to enter or use the services of Minxam, other than a standard browser, from the owner of MinxaM distributed or explicite allowed programs. |
| 13. | Any violation of the here stated rules, either via action or in spirit will cause the owner of MinxaM to suspend or expel a user, without the need for further justification. The owner of Minxam will use his own discretion and (automated) tools to decide whether or how a user has done so. |
| 14. |
NO WARRENTIES The Services are provided on an "as is" and "as available" basis, and users may use the services at their own risk. The owner of MinxaM does not make any commitments to an uninterrupted, timely, secure, or error free service. The owner of MinxaM does not have to meet any user expectations and does not take any commitment to meet any user requirements. Nor does he guarantee any results, reliability or accuracy. The games functionality is based on a model that does not have any pretension of being correct or function accurately. The owner does neither have any obligation to correct errors in its services nor does he have any obligation to improve/alter the functionality or other performance of any of the services. The owner of MinxaM takes neither responsiblity for the users computer system or any data stored on such a computer system nor for any damage that may occur as a result or presumed result of use of the provided services or the downloading of data or software. |
| 15. |
PROPRIETARY RIGHTS The user acknowledges that all the content on the site, including all data on any game, software, sound, photographs and any text, video, or any other information presented to the user by any of the services, or any of the advertising materials, or materials presented by other users of the site, may be protected by copyrights, trademarks or patents. Users are permitted to use such protected content only as authorized by the owners of such content and are not allowed to reproduce, copy, distribute or use in any other content without an explicit authorizations by the owners of such content. |
| 16. |
LIMITATION OF LIABILITY The owner will not be liable for any loss of use, interruption of business, or any indirect, or consequential damages of any kind (including but not limited to lost profits) regardless of the form of action. |
| 17. |
TERMS OF SERVICE AND CHANGES TO THE SERVICE The owner reserves the right to modify the terms and conditions at any time and at its sole discretion. Updates to this document will be posted on the website and the users continuation of the use of the services on the site constitutes an agreement by the user to be bound by the conditions of the new terms and conditions document. The owner has the right to modify, cancel or add services to the site at any time without any notice period or notice to the user. The owner has no obligation to continue the service for any set period and is not liable to any party in case he decides to change, add or discontinue any or all of the services. |
| 18. |
TERMINATION OF THE SERVICES Both the user and the owner may decide to terminate the services at any time, with or without cause. The user may use the "Delete account" function on the site at any time and terminate the use of the services. The owner may decide to terminate the services to a user without the need for sending a notice of such termination with or without any reason for the termination. In case a user does not agree to any of the changes in the terms and conditions or disagree with any of the conditions in this terms and conditions document, he has to terminate the use of the services with or without any message to the owner. The owner will not be liable to the user or any other party following the termination of the Services by either the owner or the user. |
| 19. |
NOTICES All notices to a party shall be made either via online announcements or email. The owner may post messages on the Bulletin Board or contact the users by email to inform them of changes to the terms and conditions, changes to the Services, or any other matters of importance; such announcements constitute a notice to the user. |
| 20. |
ASSIGNMENT The owner is entitled to assign this agreement, and all rights and obligations hereunder, to a new organization that might merge with the owner or otherwise, become itself owner of part or all of its assets. This agreement will remain in power and all rights and obligations hereunder will be assigned to the benefit of the new organization except as otherwise provided herein. |
| 21. |
SEVERABILITY If any provisions in this agreement are held by a court of competent jurisdiction, to be contrary to a law, or otherwise invalid, then such provisions shall be interpreted, as nearly as possible to the intentions of the parties. All other provisions of the agreement will remain in full force. |
| 22. |
LAW AND STATUTE of LIMITATIONS This agreement is governed by the law of Germany. The user and the owner agree to submit to the exclusive jurisdiction of the courts in Erlangen, Germany. The owner's failure to exercise or enforce any right as described in this agreement shall not constitute a waiver of such right. Any cause of action related to the use of the services must commence within 6 months after the date on which any such cause of action arose, or otherwise such cause of action will be null and void. |
| 23. |
LIABILITY FOR LINKS In German jurisdiction, the view is held that once the operating authority of a homepage adopts the insertion of links to other Internet pages they may be legally bound to compensate for any damages (Landgericht Hamburg, May 12 1998, 312 O 85/98). This may be prevented by the explicit distancing from the content of these sites. The owner stresses here that it has no influence on the format or content of the sites which are linked to its homepage. Before the insertion of each link, the owner ensures through detailed examination that neither infringements nor violations of legal rights are apparent. Links are dynamic as even though the link itself is clearly established, its linked web site has the ability to change and alter its contents. The possibility of additional alterations to the linked sites allows for the chance that illegal or wrong content is added by the operating authority without the knowledge of the owner. In this case, the owner excludes itself from the liability arising out of any association with illegal or wrong content. As soon as the owner receives knowledge that an Internet page to which it is linked could cause a civil or penal liability, its link to this site will be removed immediately as long as it is technically possible and within reasonable demand. |