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By using this website, you agree to abide by Ferienhaus
am Meer – Maison du Phare
Terms and Conditions.
TERMS
OF USE
General
Terms of Use by Ferienhaus am Meer – Maison du Phare Website
Attention: Please Read These Terms, Conditions And Legal Restrictions
Carefully Before Using This Web Site. By accessing, viewing, using, or
downloading materials from the Site, you agree to be legally bound by
these Terms of Use (the "Agreement") and all other terms,
conditions and notices contained or referenced in the Site. This Site is
owned and operated by the Owner.
Definitions
"Owner" means Ferienhaus am Meer – Maison du Phare
"Site" means this web site or the web site of any one of
Ferienhaus am Meer – Maison du Phare subsidiaries or affiliated
Websites, as appropriate.
1. Binding Agreement
Use of this Site is available only to those users who are in compliance
and agreement with these terms and conditions of use as well as the other
terms and conditions referenced elsewhere on this Site. Please note that
by accessing, viewing, using, or downloading materials from the Site, you
agree to be legally bound by all of the terms, conditions and notices
contained or referenced herein.
2. License and Site Access
Subject to these terms and conditions and all applicable laws and
regulations, the Owner grants you a non-exclusive, non-transferable,
personal, limited license to download, access, view, use and display this
Site and the text, graphics, content, information, audio, video and other
services (the "Materials"), which the Owner makes available to
you from time to time on the terms and conditions set forth in this
Agreement. This authorization is not a transfer of title to the Site or
the Materials contained herein, and any downloading, modification,
reproduction, copying or redistribution for commercial purposes of any
information or Materials or design elements of the Site is strictly
prohibited without the prior written consent of the Owner. Requests for
permission to reproduce any information contained on this Site should be
addressed to the Owner ferienhaus-a-meer.de.
Notwithstanding the above, the Owner authorizes you to make one (1)
electronic or paper copy of the information posted on any page of the
Site, provided that the copy is used solely for non-commercial, personal
purposes, and further provided that any such copy remains protected by all
copyright, trademarks, Site marks, and other proprietary notices and
legends contained on the Site.
This license does not include the right to modify this Site, or any
portion of it, except with the express written consent of the Owner. Any
resale or commercial use of this Site or its contents; any collection and
use of any product or service listings, descriptions, or prices; any
derivative use of this Site or its contents; any downloading or copying of
account information for the benefit of another merchant; or any use of
data mining, robots, or similar data gathering and extraction rules is
prohibited.
You agree to all additional restrictions displayed on the Site as it may
be updated from time to time. You agree to use this Site for lawful
purposes only, and shall not post or transmit any information or material
which in any way infringes or violates the rights of others or which is
unlawful, defamatory, threatening, invasive of privacy or publicity,
obscene, harassing or otherwise objectionable.
3. Ownership
You have no ownership rights in the Site or in the Materials. Rather, you
have a license to download, access, view, use and display this Site and
the Materials as long as this Agreement remains in full force and effect.
Unless otherwise noted, ownership of the Site and the Materials and all
intellectual property rights therein shall remain at all times with the
Owner or their respective owners.
4. Your Account
If you are a registered user of this Site, you are responsible for
maintaining the confidentiality of your account and password. If you use
this Site, you are responsible for restricting access to your computer,
and you agree to accept responsibility for all activities that occur under
your account or password. The Owner reserves the right to refuse service,
terminate accounts, or remove or edit content in its sole discretion.
5. Disclaimer
YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. THE
SITE, MATERIALS, CONTENT, RELATED COMMUNICATIONS AND SOFTWARE MADE
AVAILABLE ON THE SITE ARE PROVIDED "AS IS" WITHOUT ANY
REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR
FITNESS FOR PARTICULAR PURPOSE. SOME JURISDICTIONS DO NOT ALLOW FOR THE
EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS OF IMPLIED
WARRANTIES MAY NOT BE APPLICABLE UNDER CERTAIN CIRCUMSTANCES. THE OWNER
DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE MATERIALS OR CONTENT
DISPLAYED OR DISTRIBUTED ON THIS SITE, INCLUDING BUT NOT LIMITED TO THE
RELIABILITY OF ANY ADVICE, STATEMENT, ADVERTISEMENT OR OTHER INFORMATION
DISPLAYED OR DISTRIBUTED THROUGH THE SITE. YOU ACKNOWLEDGE BY THE USE OF
THIS SITE THAT ANY RELIANCE ON ANY SUCH MATERIALS, CONTENT, ADVICE,
STATEMENT, ADVERTISEMENT OR INFORMATION SHALL BE AT YOUR SOLE RISK.
THE OWNER DISCLAIMS ANY WARRANTIES FOR THE SECURITY OR RELIABILITY OF THE
MATERIALS. THE OWNER DOES NOT ASSUME ANY RESPONSIBILITY, AND SHALL NOT BE
LIABLE FOR ANY DAMAGE TO, OR VIRUSES OR OTHER HARMFUL COMPONENTS THAT MAY
INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS
TO, USE, OR BROWSING OF THE SITE (INCLUDING ANY BULLETIN BOARD OR CHAT
ROOM) OR YOUR DOWNLOADING OF ANY MATERIALS FROM THE SITE.
THE MATERIALS INCLUDED IN THE SITE MAY CONTAIN INACCURACIES AND
TYPOGRAPHICAL ERRORS. THE OWNER RESERVES THE RIGHT, IN ITS SOLE
DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THE SITE.
THE OWNER MAY MAKE ANY OTHER CHANGES TO THE SITE, THE MATERIALS AND THE
PRODUCTS, PROGRAMS, SERVICES OR PRICES (IF ANY) DESCRIBED IN THE SITE AT
ANY TIME WITHOUT NOTICE.
6. Links to Third-Party Sites
The Owner may provide on this Site, solely as a convenience to its users,
links to web sites operated by other entities. If you use these sites, you
will leave this Site. If you decide to visit any linked site, you do so at
your own risk and it is your responsibility to take all protective
measures to guard against viruses or other destructive elements. The Owner
does not make any warranty or representation regarding, or endorse or
otherwise sponsor, any linked web sites or the information appearing
thereon or any of the products or services described thereon. Links do not
imply that the Owner is affiliated or associated with the linked site, or
is legally authorized to use any trademark, trade name, logo or copyright
symbol displayed in or accessible through the links; or that any linked
site is affiliated or associated with the Owner or is authorized to use
any trademark, trade name, logo or copyright symbol of the Owner.
7. Third-Party Content
Any information, statements, opinions, services or other information
provided by third parties and made available on this Site are those of the
respective author(s) and not the Owner. Such information and the like may
be updated from time to time directly by the respective authors. The
disclaimer set forth above applies regardless of the updating party.
7a. Deep Linking and Framing
You are prohibited from reproducing or "framing" pages or
content provided by the Owner or its affiliates. You may link to internal
pages within this Site, provided that you do not copy or frame the content
found there.
8. Unsolicited Information Provided by You
The Owner does not want you to, and you should not, send any confidential
or proprietary information to the Owner through this Site unless
specifically requested by the Owner. Please note that any unsolicited
information or material sent to the Owner will be deemed not to be
confidential or proprietary. By submitting information and material to
this Site, you grant to the Owner (or warrant that the owner of such
information and material has expressly granted to the Owner) a
royalty-free, perpetual, irrevocable, unrestricted, right and license to
use, reproduce, display, perform, modify, adapt, publish, translate,
transmit and distribute or otherwise make available to others such
information and material (in whole or in part and for any purpose)
worldwide and/or to incorporate it in other works in any form, media, or
technology now known or hereafter developed. You also agree that the Owner
is free to use any ideas, concepts, know-how or techniques that you send
to either of them for any purpose.
The Owner does not want to receive, and you are deemed to agree through
the use of this Site not to provide, any information or materials to the
Owner that are defamatory, threatening, obscene, harassing, in violation
of any law, governmental requirements or otherwise unlawful, or that
incorporate the proprietary information or materials of another person or
entity. If you provide any such information, it is agreed that you are
solely responsible and liable for any damages or other harm resulting from
such submission. You shall not upload, post or otherwise make available on
this Site any information and material protected by copyright, trademark
or other proprietary right without the express written permission of the
owner of such right(s). You shall be solely liable for any damages
resulting from any infringement of copyright, proprietary rights, or any
other harm resulting from such a submission.
9. Notice of Copyright Infringement
We respect the intellectual property of others, and we ask our users to do
the same. To the extent that you have provided any work and if you believe
that your work has been copied and is accessible on this Site in a way
that constitutes copyright infringement, please provide the Copyright
Agent (as identified below) with the following information:
(a) identification of the copyrighted work claimed to have been infringed;
(b) identification of the allegedly infringing material on the Site that
is requested to be removed;
(c) your name, address and daytime telephone number, and an e-mail address
if available, so that the Owner may contact you if necessary;
(d) a statement that you have a good faith belief that use of the
copyrighted work is not authorized by the copyright owner, its agent or
the law;
(e) a statement that the information in the notification is accurate and,
under penalty of perjury, that the signatory is authorized to act on
behalf of the owner of an exclusive copyright right that is allegedly
infringed; and
(f) an electronic or physical signature of the copyright owner or someone
authorized on the owner's behalf to assert infringement of copyright and
to submit the statement. The Copyright Agent for Notice of claims of
copyright infringement on the Site can be reached at Ferienhaus-a-meer.de
If the Owner is notified of any claims of copyright infringement on the
Site, it may investigate the allegation and determine in good faith and at
its sole discretion whether to remove or request the removal of the work
or material. The Owner has no liability or responsibility to users for
performance or nonperformance of such activities.
10. Limitation of Liability
YOUR USE AND BROWSING OF THE SITE IS AT YOUR RISK. IF YOU ARE DISSATISFIED
WITH ANY OF THE SOFTWARE, MATERIALS, PRODUCTS OR SERVICES CONTAINED IN THE
SITE, OR WITH ANY OF THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE
REMEDY IS TO REQUEST THE REMOVAL OF YOUR CONTENT FROM THE SITE AND/OR TO
DISCONTINUE ACCESSING AND USING THE SITE. UNDER NO CIRCUMSTANCES WILL THE
OWNER OR ITS SUPPLIERS OR OTHER THIRD PARTIES MENTIONED ON, OR INVOLVED IN
CREATING, PRODUCING, OR DELIVERING THIS SITE BE LIABLE TO YOU OR ANY THIRD
PARTY FOR ANY DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING,
WITHOUT LIMITATION, INDIRECT, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES FOR
LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION OR LOSS OF
BUSINESS INFORMATION OR DATA) ARISING OUT OF YOUR ACCESS TO, USE OF,
INABILITY TO USE OR THE RESULTS OF USE OF THIS SITE OR THE MATERIALS, ANY
WEB SITES LINKED TO THIS SITE, OR ANY MATERIALS CONTAINED AT ANY OR ALL
SUCH SITES (INCLUDING BUT NOT LIMITED TO THOSE CAUSED BY OR RESULTING FROM
A FAILURE OF PERFORMANCE; ERROR; OMISSION; LINKING TO OTHER WEB SITES;
INTERRUPTION; DELETION; DEFECT; DELAY IN OPERATION OR TRANSMISSION;
COMPUTER VIRUS; COMMUNICATION LINE FAILURE; OR DESTRUCTION, UNAUTHORIZED
ACCESS TO, ALTERATION OF, OR USE OF ANY COMPUTER OR SYSTEM), WHETHER BASED
ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER
LEGAL THEORY AND WHETHER OR NOT THE OWNER WAS ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. THE OWNER SHALL NOT HAVE ANY LIABILITY OR RESPONSIBILITY
FOR ANY ACTS, OMISSIONS OR CONDUCT OF ANY USER OR OTHER THIRD PARTY.
The obligations and responsibilities of the Owner regarding its respective
products and services, if any, are governed solely by the terms and
conditions of sale or license under which such products and services are
sold or licensed. Copies of such terms and conditions are available
directly from the Owner.
11. Changes
All content contained herein is subject to change without notice, but the
Owner has no responsibility to update any information on this Site. The
Owner reserves the right to change or modify the terms and conditions
applicable to the use of this Site at any time. Such changes,
modifications, additions, or deletions to the terms and conditions of use
shall be effective immediately upon notice thereof, which may be given by
any means including, but not limited to, posting new terms and conditions
on the Site. Any use of the Site after such change or modification shall
be deemed to constitute acceptance by you of such changes, modifications,
additions, or deletions. Because they will be binding on you, you should
revisit these terms from time to time. The Owner may terminate, change,
suspend or discontinue any aspect of the Site, including the availability
of any features of the Site, at any time. The Owner may also impose limits
on certain features and services or restrict your access to parts of the
Site without notice or liability.
12. Termination
This Agreement and the licenses granted herein will terminate
automatically and without notice if you fail to comply with any term or
condition of this Agreement; provided, however, that all provisions
relating to disclaimers, limitation of liability, copyright, trademarks
and other proprietary rights of the Owner shall survive the termination of
this Agreement.
13. International Users and Export Restrictions
This Site is administered by Owner from its offices within Germany. The
Owner does not make any representation that all products, services or
programs, if any, are available in your country or that materials
published at this Site are appropriate or legally available for use at
locations outside of Germany. Access to such materials from territories
where their contents are illegal is prohibited. You may not use the Site
or transfer, download or use any information or materials in violation of
German ,and U. S. laws and regulations, including those relating to export
controls and other applicable legal systems. This Agreement is expressly
made subject to any laws, regulations, orders, or other restrictions on
the export from the United States of the Materials or information about
the Materials that may be imposed from time to time by the government of
the United States. You shall not export the Materials or information about
the Materials without the consent of the Owner and compliance with such
laws, regulations, orders or other restrictions. If you access the Site
from a location outside of Germany, you are responsible for compliance
with all local laws. By your use of this Site, you represent and warrant
to the Owner that you are in compliance with all laws applicable to your
use of this Site.
14. Choice of Law and Forum
These terms and conditions of use and any dispute between you and the
Owner arising out of or related to this Agreement or your use of this Site
(the "Disputes") shall be construed, interpreted and governed by
the substantive laws of Germany without giving effect to its conflict of
laws provisions. The competent courts in Köln, Germany, shall have
exclusive jurisdiction to settle any dispute, which may arise in
connection with the legal relationship established by this Agreement and
you consent to the personal and exclusive jurisdiction and venue of these
courts in connection with the Disputes. You must commence any claim or
cause of action that you may have with respect to the Disputes by filing
only in these courts within one (1) year after the claim or cause of
action arises.
15. Entire Agreement
These terms and conditions shall constitute the entire agreement between
the Owner and you and supersedes any previous oral, written or electronic
communications or documents with respect to the subject matter herein. If
any part of this Agreement is found invalid or unenforceable by a court of
competent jurisdiction, that provision shall be enforced to the maximum
extent permissible so as to effect the intent of the parties, and the
remainder of this Agreement shall continue in full force and effect.
16. Copyright
This Site, including all information and Materials contained in it, are
copyrighted and protected by worldwide copyright, trademark and other laws
and treaty provisions. You agree to comply with all copyright, trademark
and other laws worldwide in your use of this Site and to prevent any
copying, reproduction, modification, distribution, displaying, performing
or transmission in violation thereof or of these terms and conditions.
Except as expressly provided in these terms and conditions, the Owner does
not grant any express or implied license or third party right to you under
any patents, trademarks, copyrights or trade secret information of the
Owner or of any third party.
17. Copyright Notice
All Web Site design, text, graphics and the selection and arrangement
thereof, are the property of the Owner.
18. Trademark and Site Mark Rights
All rights in the product names, Owner names, trademarks, trade names,
Site marks, logos, product packaging and designs of the Owner or third
party products or web sites ("Owner Marks"), whether or not
appearing in large print or with the trademark symbol, belong exclusively
to the Owner or their respective owners and are protected under national
and international trademark and copyright laws. Users are not permitted to
use the Owner Marks without the prior express written consent of the owner
of such mark.
19. Transfer Restrictions
You shall not sublicense, transfer or assign this Agreement or any of the
rights or licenses granted under this Agreement. Any attempted transfer in
violation of the foregoing is void.
©
Schneider 1995 - 2012
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