Terms of Use

 

General Terms of Use – myNOXON

NOXON Media GmbH (hereinafter referred to as the Provider) operates an online web site (myNOXON) under www.my-noxon.de and other domains, particularly for the administration of streaming clients of the NOXON series. The following terms of use shall regulate the legal relationship between the Provider and the respective user of myNOXON.


1.    Via myNOXON the Provider shall also enable the use of chargeable services of third-party providers, for instance. For doing this, the user shall notify the Provider of the MAC address of his streaming client, and thereby consent to the Provider sending this MAC address to the respective third-party provider. When availing of chargeable services the Provider collects further data from the user, i.e. the name, address, email address, telephone and fax number. When availing of chargeable services, the user also gives his consent to this data being passed on to the respective service provider. The user is thus in agreement to the collected data being processed and used by the Provider and/or the respective service provider, insofar as this shall be necessary for availing of the streaming services. The use of, or forwarding of this data to other third parties apart from this shall not take place. For further information please see the Provider's "Privacy Policy".
2.    With respect to streaming services the Provider shall merely act as an intermediary for the user's data, thereby enabling him to use these services. The user enters into further contractual agreements exclusively with the respective service providers.
3.    Unless otherwise agreed, the user shall be provided with the myNOXON portal free of charge. We have put together the information contained in our Internet offer with care and endeavour to check it and update it regularly. However, we cannot accept any liability for the correctness, topicality, completeness and regular availability of our content. Furthermore, we do not vouch for the content of our Internet offer being suitable for the user and his purposes. We only supply binding information, consultations, recommendations and statements exclusively within the context of individual communication.
4.    The content, layout and structure of our Internet offer are protected by copyright. The information, texts and picture material provided by us are only intended for the individual access of the user of our Internet offer and shall only be duplicated and used for business purposes with our consent. Any exploitation beyond the restricted limits of the Copyright Act, particularly the exploitation on Internet sites of any kind, shall require the prior consent of the Provider and/or of the respective holder of the rights. The setting of hyperlinks, especially of deep links, inline-links or links in frame technology (Frame and iFrame) on one of our web sites, and automatic readout (parsing) shall only be permitted with our prior written consent. We reserve the right to change, supplement, reduce or even completely discontinue our Internet offer at any time.
5.    Our Internet offer is drawn up on the basis of the legal system of the Federal Republic of Germany. Any access to our offer from territory outside Germany is not intended by us. We shall not accept any liability for our Internet offer being suitable for users from other countries, or for it being usable or legally permissible there. The Provider shall accept no liability particularly for consequential damage caused by using the offer.
6.    Insofar as an exclusion of the Provider's liability is out of the question, the Provider shall only be liable for gross negligence and wilful intent. Trade marks, product and company names are identifying criteria of the respective owners and are used in these web sites exclusively for informational purposes.
7.    Due to the continually changing content of the messages and in the forum, the Provider is unable to review every single message posted, screen the content or exercise direct active control of the content. All the postings/messages in the forums exclusively express the views of the author, and the Provider cannot be held responsible for the content of these postings. Therefore the Provider shall not accept any responsibility for the content, the accuracy and the form of the posted contents.
8.    Users who participate in discussion forums and messages agree to the following rules when they register:
a.    Messages/postings shall not contain any offensive, punishable content, pornography or obscene language
b.    They shall bear the sole responsibility for the content they have posted; they shall not violate the rights of third parties (particularly trade mark rights, copyrights and privacy rights) and they shall fully exempt the Provider from any claims of third parties asserted as a result of their postings.
c.    They shall not post advertisements of any kind either in forums or messages, or utilise forums and messages for any form of commercial activity. This shall be valid particularly for the publication of »0190« and other telephone numbers subject to charge, for any purpose whatsoever.
9.    No claim of any kind shall exist for publishing the messages sent or the forum contents. The Provider reserves the right to edit or delete messages and forum contents at its own discretion. In the case of violating the obligations stated under 1), 2) and 3) the Provider also reserves the right to temporarily restrict, block or permanently delete the membership.
10.    The user is obligated to keep the combination of his user name/password confidential and not to pass it on to third parties. The Provider shall be informed immediately of any suspected misuse of the access data.
11.    For Internet sites of third parties, to which myNOXON makes reference via so-called links, the responsibility shall be borne by the respective providers. The Provider shall not accept any responsibility for the content of these third-party sites. The Provider herewith explicitly dissociates itself from all the contents of all the sites linked to myNOXON, and does not adopt these contents as its own. In addition, links to myNOXON may be installed by other sites via so-called "links" without the Provider's knowledge. The Provider shall not accept any responsibility for depictions, content or any other connection to myNOXON in the web sites of third parties. The Provider shall only be responsible for the content of other web sites in the case of having affirmative knowledge thereof (i.e. also of illegal content or content subject to prosecution) and if it is technically possible and reasonable to prevent its usage.
12.    Should any part of the present terms of use be ineffective, or become ineffective at a later date, this shall not affect the validity of the remaining terms.
13.    The Provider shall be authorised to change these General Terms of Use from time to time, if the Provider considers this to be necessary. Should a change not be objected to by the user within a period of 14 days, these changed General Terms of Use shall be deemed as approved. Should the user file an objection, the Provider shall be authorised to exclude him from using myNOXON.
14.    The law of the Federal Republic of Germany shall be valid excluding the UN law on sales.


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