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Terms & Conditions
FiveCast GmbH offers it services based on these General Terms and Conditions. The General Terms and Conditions serve to protect your rights, the rights of third parties and Blog4Mobile.com's rights in connection to the services offered. The use of the services implies your acceptance of the following General Terms and Conditions, the validity of which you have acknowledged as binding through registration or use. Conflicting terms are not recognised. Insofar as commercial transactions are completed through partners, their General Terms and Conditions apply. These General Terms and Conditions apply in the version current at the time of use. Blog4Mobile.com reserves the right to revise, amend or adjust the General Terms and Conditions with effect on future activities. Any modification or revision will be announced in due time via proper notice in the scope of the online services, via e-mail or newsletter. The amended General Terms and Conditions are applicable if you do not challenge them or if you continue the use of services.
1. Scope
These General Terms and Conditions regulate the relationship between you and Blog4Mobile.com as the provider of services offered. Blog4Mobile.com allows for the presentation and circulation of third-party content such as image or text, and is in no case itself the provider of content. Blog4Mobile.com allows registered users to publish their own content via mobile platforms as well as to watch the content presented by third parties. At not time does a claim to remuneration result for the user. Blog4Mobile.com does not assume any responsibility for third-party content and the ratings and comments related thereto. For additional services and offers possibly subject to charge, additional General Terms and Conditions may be agreed upon.
2. Registration and terms of use
A complete registration requires the completion of all fields marked as mandatory information. Registration assumes that you act autonomously or with the approval of your legal representatives. At registration you declare to Blog4Mobile.com that your information is complete and correct and truthful as well as that they will be kept up-to-date. The content and services offered by Blog4Mobile.com are only available for personal use. You commit yourself not to use the services in a commercial or promotional manner as well as to keep login data, such as passwords, confidential and not to make them available to third parties. If due to a fault of you as a user, a third party is to make use of Blog4Mobile.com's services by way of your login information, you as the registered user are liable for any resulting damage. A transfer of membership is excluded. Unless otherwise noted, services offered via this platform are free of charge for the user. However, Blog4Mobile.com reserves the right to change prices for individual or all offers or extra services following prior notification. Blog4Mobile.com is not required to accept content for publication and accepts no liability for the storage of data submitted by users. In case submitted data is deleted, Blog4Mobile.com excludes all liability for any loss of content. The user has no claim to the use of services offered or to participation in the contests, sweepstakes or competitions.
3. Content
Every user is solely responsible for the uploaded content (particularly videos, images, photos, charts, recordings, information, texts, data and any other material), comments and other information as well as for possible consequences arising from the publication of content. With the submission for publication of content you confirm that you have the required authorisation, rights (name, personal, copyright, data privacy rights) and/or licenses to submit, publish and distribute this content. Furthermore, you confirm:
Note:
If, in spite of the General Terms and Conditions listed here, there are individual cases of content uploaded in violation of third-party rights such as copyright and other trademark laws, we ask that you inform us of such violations found or supposed via the contact information listed in the legal disclaimer. Please describe the content concerned and the possible legal violation as exactly as possible. The same applies if you want to complain about prohibited, dishonest, offensive or insulting content. To facilitate a follow-up, please assure correct and complete information.
4. Rights of use
Blog4Mobile.com grants you as the user a simple non-transferable right to use the services offered by Blog4Mobile.com. By submitting or uploading content for the rendering of services offered, you grant Blog4Mobile.com the required rights of use concerning the uploaded content free of charge. The rights of use include the unlimited and transferable right to duplication, circulation, distribution, transmission, publication, public display, public access or other comparable use of the respective content. This particularly includes the right to show and present the content, the right to sublicensing, the right to allow public access via data carriers of all types, internet and all possible media formats and channels of distribution such as all electronic and digital media and networks, wireless or wired, the broadcast rights via radio communication such as radio or television, satellite, cable or similar technologies, the right to display content via audiovisual media and the display of broadcasts. Moreover the right to dubbing, processing and reorganising content, the right to transformation into other data formats including the creation of clips and jingles as well as the right to archive and store content in a database in any form, the right to digitalisation and to storage with other works or partial works. Blog4Mobile.com has the right to place advertisements and/or conduct promotional campaigns during the use of or near content which has been made publicly available. Upon registration or use of the services offered by Blog4Mobile.com, you declare your consent thereto and to the placement of advertisements.
5. Period of use
Blog4Mobile.com has the right, at any time and without giving reasons, to reject, remove and/or delete individual content as well as to temporarily or permanently block users who are seen by Blog4Mobile.com as having violated the law, moral standards or these General Terms and Conditions or to exclude them from future use of the services offered. Blog4Mobile.com also has the right discontinue the services offered or parts thereof at any time without prior announcement and without giving reasons. You may discontinue your membership at any time by deregistering or deleting your registration, although the commitments from these General Terms and Conditions continue to apply with regard to the use of services offered without registration and with regard to the content which has not been deleted or removed. The same applies in case rights of use were granted for a specific length of time. You do not have any right to the release of content.
6. Liability
Blog4Mobile.com is only liable for its own area of responsibility, which means for errors made by Blog4Mobile.com itself or one of its employees or auxiliary persons. Users of the services offered are not auxiliary persons of Blog4Mobile.com.
Due to possible technical or maintenance-related uncertainties, Blog4Mobile.com cannot guarantee the uninterrupted and defect-free operation of the services offered as well as the uninterrupted and error-free publication. Blog4Mobile.com does not guarantee the receipt of the content uploaded and e-mail/SMS/MMS messages sent as well as regarding possible mistakes during storage or further transmission of content and messages. Blog4Mobile.com has no influence on technical transmission through your internet or telecommunication service provider as well as on possible third-party maintenance periods. Any corresponding liability is thus excluded. Blog4Mobile.com does not guarantee the storage of content submitted by users. In case any submitted content is deleted, Blog4Mobile.com cannot be held liable for loss of content.
Blog4Mobile.com is not obligated to accept, present and circulate content and news. Blog4Mobile.com is not liable for errors or the nature of content, particularly not for any deficiency in title.
No responsibility is taken by Blog4Mobile.com for the content submitted or uploaded by users. No approval of third-party content or a connection to their providers is implied through links and advertising banners contained. The content (particularly videos, images, photos, charts, recordings, information, texts, data and any other material) comes solely from the respective user who assumes full responsibility. It is not possible for Blog4Mobile.com to examine the individual user information. Therefore Blog4Mobile.com does not guarantee the accuracy of this information and is not liable for its correctness, completeness and topicality. Each user is fully responsible for all content spread by him/her. The user ensures that he/she is in possession of all rights of use (copyright, trademark, service protection, personal, and other rights to the content uploaded) required for circulation.
The user releases Blog4Mobile.com from all third-party claims which may be made against Blog4Mobile.com concerning any violations of applicable rights, particularly of copyright, licensing rights, competition protection law or other trademark laws due to content submitted or uploaded by the user. This includes redemption of all costs which Blog4Mobile.com accrues due to litigation as well as to content which violates the law. The user makes all documents and information available to Blog4Mobile.com for the purpose of legal defence.
Blog4Mobile.com's liability for its own or attributable third-party errors, regardless of legal grounds, is limited to deliberate acts and gross negligence, unless a person acts in opposition to an individual guarantee to the contrary. Blog4Mobile.com is liable for slight negligence only in the case of a violation of significant contractual obligations and only as long as the resulting damages are typical and predictable; for each individual case, however, up to a maximum of the damages predictable at the time of the conclusion of contract. Liability for damages to life, body and health as well as the product liability act remain unaffected. The aforementioned liability limitations also apply in the case of violations of obligations by legal representatives or auxiliary persons of Blog4Mobile.com as well as personal liability of employees, representatives, shareholders, auxiliary persons and affiliated companies.
Unless they are based on a deliberate or unlawful act, damage claims against Blog4Mobile.com become invalid 12 months after being lodged.
7. Privacy policy
In the scope of the online platform operated by Blog4Mobile.com, users' personal information will only be collected insofar as is necessary for the rendering of services offered and/or requested. The data collected is stored and processed for the purpose of rendering these services. Blog4Mobile.com guarantees that the applicable laws and terms are upheld.
A transfer of personal data to third parties only occurs if and insofar as these individuals or companies contribute to Blog4Mobile.com in the rendering of offered and/or requested services as a service provider or cooperation partner. Only Blog4Mobile.com and companies affiliated with Blog4Mobile.com may possibly use data for marketing purposes.
Blog4Mobile.com does not guarantee or accept liability for the disclosure of information due to errors in data transmission and/or unauthorized third-party access.
8. Non-assignment clause
The assignment of any legal claims against Blog4Mobile.com due to and in connection with the publication or circulation of content or content-related information to third parties, including spouses, is prohibited, regardless of legal grounds.
9. Property rights and links
As a user of our services, you recognize that only Blog4Mobile.com is entitled to all label, trademark and other property rights to Blog4Mobile.com's services. Any use, modification or deletion without the prior written authorization of Blog4Mobile.com is prohibited. It is also prohibited to duplicate, modify, edit or otherwise affect or possess Blog4Mobile.com software.
Blog4Mobile.com's services may contain links to other websites and services. Blog4Mobile.com cannot monitor the objectives of such links and as such we do not adopt, guarantee or accept liability for the content which is accessible through such third-party offers or sources.
10. Invalidity of regulations
If one or more regulations contained in these terms are invalid, the remaining content is unaffected. The invalid regulation shall be replaced by a valid regulation which comes closest to the intention of the original regulation.
11. Law to apply and jurisdiction
The law of the Federal Republic of Germany, in exclusion of all international and supranational legal systems, applies to these General Terms and Conditions and all legal ties between log4Mobile.com and you as the user.
Registered office and general court of jurisdiction for FiveCast GmbH is Munich insofar as legally permissible.
Version: January 2008
FiveCast GmbH offers it services based on these General Terms and Conditions. The General Terms and Conditions serve to protect your rights, the rights of third parties and Blog4Mobile.com's rights in connection to the services offered. The use of the services implies your acceptance of the following General Terms and Conditions, the validity of which you have acknowledged as binding through registration or use. Conflicting terms are not recognised. Insofar as commercial transactions are completed through partners, their General Terms and Conditions apply. These General Terms and Conditions apply in the version current at the time of use. Blog4Mobile.com reserves the right to revise, amend or adjust the General Terms and Conditions with effect on future activities. Any modification or revision will be announced in due time via proper notice in the scope of the online services, via e-mail or newsletter. The amended General Terms and Conditions are applicable if you do not challenge them or if you continue the use of services.
1. Scope
These General Terms and Conditions regulate the relationship between you and Blog4Mobile.com as the provider of services offered. Blog4Mobile.com allows for the presentation and circulation of third-party content such as image or text, and is in no case itself the provider of content. Blog4Mobile.com allows registered users to publish their own content via mobile platforms as well as to watch the content presented by third parties. At not time does a claim to remuneration result for the user. Blog4Mobile.com does not assume any responsibility for third-party content and the ratings and comments related thereto. For additional services and offers possibly subject to charge, additional General Terms and Conditions may be agreed upon.
2. Registration and terms of use
A complete registration requires the completion of all fields marked as mandatory information. Registration assumes that you act autonomously or with the approval of your legal representatives. At registration you declare to Blog4Mobile.com that your information is complete and correct and truthful as well as that they will be kept up-to-date. The content and services offered by Blog4Mobile.com are only available for personal use. You commit yourself not to use the services in a commercial or promotional manner as well as to keep login data, such as passwords, confidential and not to make them available to third parties. If due to a fault of you as a user, a third party is to make use of Blog4Mobile.com's services by way of your login information, you as the registered user are liable for any resulting damage. A transfer of membership is excluded. Unless otherwise noted, services offered via this platform are free of charge for the user. However, Blog4Mobile.com reserves the right to change prices for individual or all offers or extra services following prior notification. Blog4Mobile.com is not required to accept content for publication and accepts no liability for the storage of data submitted by users. In case submitted data is deleted, Blog4Mobile.com excludes all liability for any loss of content. The user has no claim to the use of services offered or to participation in the contests, sweepstakes or competitions.
3. Content
Every user is solely responsible for the uploaded content (particularly videos, images, photos, charts, recordings, information, texts, data and any other material), comments and other information as well as for possible consequences arising from the publication of content. With the submission for publication of content you confirm that you have the required authorisation, rights (name, personal, copyright, data privacy rights) and/or licenses to submit, publish and distribute this content. Furthermore, you confirm:
- not to upload or submit any content that is a breach of the applicable laws, other regulations and/or moral standards;
- not to upload or submit any content, the release of which represents a breach of copyright law or other laws regarding third parties such as personal rights, property law, patent, trademark or services protection laws;
- not to upload or submit any content which you are not permitted to transmit;
- not to upload or submit any content that offends, defames, harasses, causes damage, provokes hate, incites violence, is xenophobic or racist;
- not to upload or submit any content which is in any way pornographic, glorifies violence or is otherwise dangerous to and could damage minors;
- not to advertise, including indirect advertising or advertising for prostitution, or to send junk or mass e-mails;
- not to upload or submit any content that contains references or links to websites with illegal content or content that goes against moral standards;
- not to upload or submit any content that contains software, applications, programmes or viruses or other data which is intended to affect, disrupt or damage the function of the hardware and software or telecommunication devices. Blog4Mobile.com will store users datas to grant him/her to access to this website. Blog4Mobile.com is not responsible for the rightness, adequacy and quality of the content.
Note:
If, in spite of the General Terms and Conditions listed here, there are individual cases of content uploaded in violation of third-party rights such as copyright and other trademark laws, we ask that you inform us of such violations found or supposed via the contact information listed in the legal disclaimer. Please describe the content concerned and the possible legal violation as exactly as possible. The same applies if you want to complain about prohibited, dishonest, offensive or insulting content. To facilitate a follow-up, please assure correct and complete information.
4. Rights of use
Blog4Mobile.com grants you as the user a simple non-transferable right to use the services offered by Blog4Mobile.com. By submitting or uploading content for the rendering of services offered, you grant Blog4Mobile.com the required rights of use concerning the uploaded content free of charge. The rights of use include the unlimited and transferable right to duplication, circulation, distribution, transmission, publication, public display, public access or other comparable use of the respective content. This particularly includes the right to show and present the content, the right to sublicensing, the right to allow public access via data carriers of all types, internet and all possible media formats and channels of distribution such as all electronic and digital media and networks, wireless or wired, the broadcast rights via radio communication such as radio or television, satellite, cable or similar technologies, the right to display content via audiovisual media and the display of broadcasts. Moreover the right to dubbing, processing and reorganising content, the right to transformation into other data formats including the creation of clips and jingles as well as the right to archive and store content in a database in any form, the right to digitalisation and to storage with other works or partial works. Blog4Mobile.com has the right to place advertisements and/or conduct promotional campaigns during the use of or near content which has been made publicly available. Upon registration or use of the services offered by Blog4Mobile.com, you declare your consent thereto and to the placement of advertisements.
5. Period of use
Blog4Mobile.com has the right, at any time and without giving reasons, to reject, remove and/or delete individual content as well as to temporarily or permanently block users who are seen by Blog4Mobile.com as having violated the law, moral standards or these General Terms and Conditions or to exclude them from future use of the services offered. Blog4Mobile.com also has the right discontinue the services offered or parts thereof at any time without prior announcement and without giving reasons. You may discontinue your membership at any time by deregistering or deleting your registration, although the commitments from these General Terms and Conditions continue to apply with regard to the use of services offered without registration and with regard to the content which has not been deleted or removed. The same applies in case rights of use were granted for a specific length of time. You do not have any right to the release of content.
6. Liability
Blog4Mobile.com is only liable for its own area of responsibility, which means for errors made by Blog4Mobile.com itself or one of its employees or auxiliary persons. Users of the services offered are not auxiliary persons of Blog4Mobile.com.
Due to possible technical or maintenance-related uncertainties, Blog4Mobile.com cannot guarantee the uninterrupted and defect-free operation of the services offered as well as the uninterrupted and error-free publication. Blog4Mobile.com does not guarantee the receipt of the content uploaded and e-mail/SMS/MMS messages sent as well as regarding possible mistakes during storage or further transmission of content and messages. Blog4Mobile.com has no influence on technical transmission through your internet or telecommunication service provider as well as on possible third-party maintenance periods. Any corresponding liability is thus excluded. Blog4Mobile.com does not guarantee the storage of content submitted by users. In case any submitted content is deleted, Blog4Mobile.com cannot be held liable for loss of content.
Blog4Mobile.com is not obligated to accept, present and circulate content and news. Blog4Mobile.com is not liable for errors or the nature of content, particularly not for any deficiency in title.
No responsibility is taken by Blog4Mobile.com for the content submitted or uploaded by users. No approval of third-party content or a connection to their providers is implied through links and advertising banners contained. The content (particularly videos, images, photos, charts, recordings, information, texts, data and any other material) comes solely from the respective user who assumes full responsibility. It is not possible for Blog4Mobile.com to examine the individual user information. Therefore Blog4Mobile.com does not guarantee the accuracy of this information and is not liable for its correctness, completeness and topicality. Each user is fully responsible for all content spread by him/her. The user ensures that he/she is in possession of all rights of use (copyright, trademark, service protection, personal, and other rights to the content uploaded) required for circulation.
The user releases Blog4Mobile.com from all third-party claims which may be made against Blog4Mobile.com concerning any violations of applicable rights, particularly of copyright, licensing rights, competition protection law or other trademark laws due to content submitted or uploaded by the user. This includes redemption of all costs which Blog4Mobile.com accrues due to litigation as well as to content which violates the law. The user makes all documents and information available to Blog4Mobile.com for the purpose of legal defence.
Blog4Mobile.com's liability for its own or attributable third-party errors, regardless of legal grounds, is limited to deliberate acts and gross negligence, unless a person acts in opposition to an individual guarantee to the contrary. Blog4Mobile.com is liable for slight negligence only in the case of a violation of significant contractual obligations and only as long as the resulting damages are typical and predictable; for each individual case, however, up to a maximum of the damages predictable at the time of the conclusion of contract. Liability for damages to life, body and health as well as the product liability act remain unaffected. The aforementioned liability limitations also apply in the case of violations of obligations by legal representatives or auxiliary persons of Blog4Mobile.com as well as personal liability of employees, representatives, shareholders, auxiliary persons and affiliated companies.
Unless they are based on a deliberate or unlawful act, damage claims against Blog4Mobile.com become invalid 12 months after being lodged.
7. Privacy policy
In the scope of the online platform operated by Blog4Mobile.com, users' personal information will only be collected insofar as is necessary for the rendering of services offered and/or requested. The data collected is stored and processed for the purpose of rendering these services. Blog4Mobile.com guarantees that the applicable laws and terms are upheld.
A transfer of personal data to third parties only occurs if and insofar as these individuals or companies contribute to Blog4Mobile.com in the rendering of offered and/or requested services as a service provider or cooperation partner. Only Blog4Mobile.com and companies affiliated with Blog4Mobile.com may possibly use data for marketing purposes.
Blog4Mobile.com does not guarantee or accept liability for the disclosure of information due to errors in data transmission and/or unauthorized third-party access.
8. Non-assignment clause
The assignment of any legal claims against Blog4Mobile.com due to and in connection with the publication or circulation of content or content-related information to third parties, including spouses, is prohibited, regardless of legal grounds.
9. Property rights and links
As a user of our services, you recognize that only Blog4Mobile.com is entitled to all label, trademark and other property rights to Blog4Mobile.com's services. Any use, modification or deletion without the prior written authorization of Blog4Mobile.com is prohibited. It is also prohibited to duplicate, modify, edit or otherwise affect or possess Blog4Mobile.com software.
Blog4Mobile.com's services may contain links to other websites and services. Blog4Mobile.com cannot monitor the objectives of such links and as such we do not adopt, guarantee or accept liability for the content which is accessible through such third-party offers or sources.
10. Invalidity of regulations
If one or more regulations contained in these terms are invalid, the remaining content is unaffected. The invalid regulation shall be replaced by a valid regulation which comes closest to the intention of the original regulation.
11. Law to apply and jurisdiction
The law of the Federal Republic of Germany, in exclusion of all international and supranational legal systems, applies to these General Terms and Conditions and all legal ties between log4Mobile.com and you as the user.
Registered office and general court of jurisdiction for FiveCast GmbH is Munich insofar as legally permissible.
Version: January 2008
