International ©
The Terms of Use Agreement For ADAWADA.COM International ©
1. THE SCOPE
ADAWADA.COM International, and its subsidiaries (collectively ADAWADA.COM International) created and maintain the www.adawada.com website (including all related ADAWADA.COM International websites, collectively www.adawada.com ) and other websites added to www.adawada.com from time to time to provide a repository where you ( You or Your ) and other ADAWADA.COM International software experts, developers, users, and other interested parties (each, a User and collectively, Users ) may obtain and share information around ADAWADA.COM International's products and services, and other topics found on www.adawada.com. If You are accessing and/or using www.adawada.com on behalf of Your employer or as a consultant or agent of a third party (collectively Your Company ), You represent and warrant that You have the authority to act on behalf of and bind Your Company to the terms of this Terms of Use Agreement ( TOU ) and everywhere in this TOU that refers to You or Your, shall also include Your Company.
2. THE ACCEPTANCE OF TERMS
A. Unless otherwise agreed to in a separate signed agreement between Your Company and ADAWADA.COM International, Your access and use of the www.adawada.com, Content (defined in Section 7 below), or any forums, wikis, blogs, or services provided on www.adawada.com (any Services ), are subject to this TOU. Additionally, Your use of the www.adawada.com, Content, and the Services may also be subject to disclaimers, legal notices, click-through agreements, or other legal agreements (any, Additional Legal Terms ), which may be posted on the www.adawada.com where applicable. This TOU and the applicable Additional Legal Terms (together Controlling Terms ) form a legally binding agreement between You and ADAWADA.COM International regarding Your access and use of the www.adawada.com, Content, and the Services. Whenever there is a conflict between the terms in this TOU and the Additional Legal Terms, the terms in the Additional Legal Terms shall control. By accessing or using www.adawada.com, You accept and agree to abide by the terms of this TOU. If You do not agree to the terms of this TOU, You must not attempt to access or use www.adawada.com. Your access and use of any ADAWADA.COM International software or related documentation provided on www.adawada.com(together ADAWADA.COM International Software ) shall be subject to a separate software license agreement made available to You at the time You access or download the ADAWADA.COM International Software.
B. The term ADAWADA.COM International Software also fully covers the software and/or corresponding documentation, which has been uploaded to the websites of the third parties, for example App Stores, Web Stores and so on.
3. THE CHANGES AND NOTICES
ADAWADA.COM International reserves the right to make changes to this TOU and to modify, change or discontinue any part or all of the www.adawada.com and/or the Services at any time. ADAWADA.COM International will notify You of any changes to this TOU when You visit the www.adawada.com, or via email, or by providing You with information on such update and updating the TOU which can be viewed via the Terms of Use link. ADAWADA.COM International may make changes to its products, service offerings, the www.adawada.com, and/or the Services and ADAWADA.COM International Software at any time without notice.
THE MOST CURRENT VERSION OF THIS TOU CAN BE ACCESSED BY CLICKING THE TERMS OF USE WHICH IS INCLUDED AT THE BOTTOM OF EACH WEB PAGE OF THE www.adawada.com website.
4. THE CONFIDENTIAL INFORMATION
A. Except for Web sites within ADAWADA.COM International which are clearly identified as non-public (each a Non-Public), the www.adawada.com is intended to be a public forum subject to the terms of this Agreement and You agree not to provide ADAWADA.COM International or other Users with any confidential or proprietary information that You or the owner of the information do not intend to become public information. Any Content that You send or upload to www.adawada.com will be deemed NOT to be confidential or proprietary, and You expressly agree that You waive any trade secret or other confidentiality rights with respect to such uploaded Content.
B. You agree not to reproduce any Confidential Information to which you are provided access through the ADAWADA.COM International in any form except as authorized at the time of disclosure. Any reproduction of ADAWADA.COM International Confidential Information shall remain the property of ADAWADA.COM International and shall contain any and all confidential or proprietary notices or legends which appear on the original. You agree to (a) take all reasonable steps (defined below) to keep all Confidential Information strictly confidential; (b) to use Confidential Information solely as authorized at the time of disclosure and (c) not to disclose any Confidential Information to any party without the prior written consent of ADAWADA.COM International. You do not acquire any rights in Confidential Information except the limited rights as described above. In no event shall You use Confidential Information to create, enhance, modify, rent, lease, loan, sell, distribute or create derivative works based on the Software or Services, or compete with ADAWADA.COM International Software or Services in whole or in part. As used herein, Confidential Information shall mean all trade secrets and other information or Services which ADAWADA.COM International or third parties protect against unrestricted disclosure to others which is either labeled Confidential, accessed through a restricted area of www.adawada.com, pursuant to software downloads, or reasonably identifiable as confidential based on the type of information and the manner of its disclosure, and reasonable steps means those steps You and/or Your Company take to protect Your own similar Confidential Information, which shall not be less than a reasonable standard of care.
ALL UPLOADS BY YOU INTO www.adawada.com, WHETHER INTO A PUBLIC FORUM OR NON-PUBLIC FORUM, SHALL BE AT YOUR OWN RISK AND ADAWADA.COM International TAKES NO RESPONSIBILITY FOR THE USE OR MISUSE OF ANY SUCH UPLOADED INFORMATION BY ANY OTHER USER OF www.adawada.com.
5. YOUR INFORMATION, PRIVACY, AND DATA PROTECTION
You understand and agree that ADAWADA.COM International collects, uses, stores and otherwise processes Your personal information and utilization data and may share such data with third party service providers for the purposes of improving or providing the Services subject to ADAWADA.COM International's Privacy Statement. Data to be processed includes Your name, email address, and other information which may include but is not limited to Your telephone number, and postal address. In a limited number of cases when accessing specific websites or responding to sales offers (each, a "Transaction"), ADAWADA.COM International may temporarily collect and utilize Your credit card number and expiration date for the purposes of processing a Transaction. Collection and processing of credit card numbers and expiration dates will be subject to a separate agreement. All personal data will be treated confidential and in compliance with the Federal German Data Protection Act (Bundesdatenschutzgesetz) and other applicable legislation.
You agree that ADAWADA.COM International may access, preserve and disclose Your personal information and/or Content if required to do so by law or to: (i) comply with a legal process; (ii) respond to claims that any Content violates the rights of third parties or (iii) protect the rights, property or personal safety of ADAWADA.COM International, Users, and the public.
YOU AGREE TO COMPLY WITH THE TERMS OF THE ABOVE ADAWADA.COM International PRIVACY STATEMENT, AND THE PRIVACY TERMS FOUND BY CLICKING ON PRIVACY AT THE BOTTOM OF THE HOME WEB PAGE BY THE www.adawada.com.
6. THE COPYRIGHT POLICY
Unauthorized copying, distribution, modification, public display, or public performance of copyrighted works is an infringement of the copyright holders rights. You agree that You will not use www.adawada.com to infringe the Intellectual Property Rights of ADAWADA.COM International or others in any way. You must not remove, overprint or deface any notice of copyright, trademark, logo, legend, or other notice of ownership from any originals or copies of ADAWADA.COM International Software, third party software, or any Content accessed on the www.adawada.com. As used herein, Intellectual Property Rights means patents of any type, design rights, utility models or other similar invention rights, copyrights, trademarks, service marks, trade secret or confidentiality rights, and any other intangible property rights including applications for any of the foregoing, in any country, arising under statutory or common law or by contract and whether or not perfected, now existing or hereafter filed, issued, or acquired.
You agree to comply with the terms of the above ADAWADA.COM International Copyright Policy and those terms found further in this document, cf number 18.
7. THE RESPONSIBILITY FOR LINKS AND CONTENT
ADAWADA.COM International is only responsible or liable for the Content posted on the www.adawada.com to the extent required by the German Telemedia Act (Telemediengesetz, TMG). www.adawada.com may contain links to external Web sites and information provided on such external websites by ADAWADA.COM International partners and third-party service providers. ADAWADA.COM International shall not be responsible for the contents of any linked Web site, or any changes or updates to such sites. You further agree that ADAWADA.COM International shall not be directly or indirectly responsible or liable for any damage or loss caused or alleged to be caused by or in connection with Your use of or reliance on any content, goods or services available on or through any such linked Web site. Any article, information, data, code, text, software, documentation, graphics, image, marketing material, video, photograph, message, or posting to any forum, wiki, or blog on www.adawada.com (any Content ), whether publicly posted or privately transmitted, is the sole responsibility of the person or entity providing the Content.
8. THE INTELLECTUAL PROPERTY RIGHTS; LICENSE GRANT
Subject to any licenses You grant to ADAWADA.COM International pursuant to this Agreement, You shall retain ownership of all Intellectual Property Rights in and to the Content provided by You on the www.adawada.com to the extent You are the owner or holder of the Intellectual Property Rights. Nothing in this Agreement shall prohibit You from selling or licensing Your Content to any other party under a separate agreement.
By transmitting or uploading Content to www.adawada.com, You grant ADAWADA.COM International a perpetual, unlimited, irrevocable, royalty-free, worldwide license to: use, reproduce, adapt, display, perform, modify, transmit, translate, distribute, and create derivative works of the Content; to make, have made, offer to sell, sell, lease, or otherwise distribute any Content or product; and to practice any method, embodying such Content (including the right to sublicense any of the foregoing). You further represent and warrant to ADAWADA.COM International that You have the right, title, and/or authority to grant such license to ADAWADA.COM International. ADAWADA.COM International may elect not to post or publish the Content that You send or upload. If ADAWADA.COM International elects to post or publish the Content, ADAWADA.COM International may in its sole discretion elect to withdraw the posted or published information for any reason and without notice.
All Intellectual Proprietary Rights to any ADAWADA.COM International Software and the Services shall belong to ADAWADA.COM International. Nothing in this TOU shall be deemed to give You the right to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative words from, transfer, or sell any ADAWADA.COM International Software for any reason unless otherwise permitted by law. You hereby agree to assign and do assign to ADAWADA.COM International any modifications or derivative works of any ADAWADA.COM International Software made by You in contravention of this limitation.
9. THE PERMISSIBLE USE OF www.adawada.com
You are permitted to access www.adawada.com and Use the Services Content and ADAWADA.COM International Software solely for Your personal, informational, noncommercial purposes.
10. TERMINATION AND ACCOUNTABILITY
In the event You are in material breach of the Controlling Terms, ADAWADA.COM International may, at its sole discretion refuse You any current or future use of www.adawada.com. ADAWADA.COM International may remove any Content posted on www.adawada.com at ADAWADA.COM Internationals sole discretion. ADAWADA.COM International shall not be liable to You or any third party for any termination or change to www.adawada.com and/or the Services. If You send or upload Content that is confidential or proprietary of a third party without that third party's permission, or, if You transmit or upload Content that is intended to infect, corrupt or otherwise disrupt the operation of www.adawada.com or any other Users computer system, ADAWADA.COM International may report You to the relevant authorities to ensure You are held accountable to the fullest extent of applicable laws.
You agree not to use www.adawada.com to:
publish, upload, post, email, transmit or otherwise make available any Content that (a) You do not have the right to make available (b) is unlawful, harmful, vulgar, obscene, hateful, or racially, ethnically or otherwise objectionable; (c) infringes any Intellectual Property Rights of any party, (d) includes any unsolicited or unauthorized advertising, promotional materials, surveys, junk mail, spamming, chain letters, or any other form of solicitation, commercial or otherwise, or (e) contains a software virus, Trojan horse, worm, time bomb, cancelbot, corrupted file, or any other computer file or software designed to interrupt, destroy, damage or limit the functionality of any computer hardware, software or other property;
defame, harass, abuse, stalk, threaten or violate the legal rights of others such as rights of privacy and publicity;
impersonate any person or entity, including, but not limited to, an ADAWADA.COM International official, ADAWADA.COM International employee, or any other third party, or falsely state or otherwise misrepresent Your affiliation with a person or entity;
forge email headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services;
download any file or Content posted by another user that You know, or reasonably should know, should not be legally reproduced, displayed, performed and/or distributed in such manner;
interfere with or disrupt the Services, servers, or networks which support the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services;
violate any applicable local, state, national or international law and any regulations; harvest, collect, or store personal information or data of other Users.
11. THE SPECIFIC TERMS TO ADAWADA.COM International SOFTWARE AVAILABLE ON www.adawada.com
ADAWADA.COM International Software made available to download from www.adawada.com is the copyrighted work of ADAWADA.COM International. Use of the ADAWADA.COM International Software is governed by a software license agreement (License Agreement) which accompanies or is included in such ADAWADA.COM International Software. You may not use or install any ADAWADA.COM International Software which is accompanied by or includes a License Agreement until You first agree to the terms of the License Agreement. Any copying, reproduction, or redistribution of the ADAWADA.COM International Software not in accordance with the License Agreement is expressly prohibited. You must not modify, decompile, or reverse engineer any ADAWADA.COM International Software, except to the extent expressly permitted by applicable law. You must not remove, overprint or deface any notice of copyright, trademark, logo, legend, or other notice of ownership from any originals or copies of ADAWADA.COM International Software or from any Content accessed on www.adawada.com.
12. THE INDEMNITY
You agree to indemnify and hold ADAWADA.COM International, its affiliates, subsidiaries, officers, agents, partners, employees, and licensors harmless from any claim or demand, including reasonable attorneys fees, made by any third party due to or arising out of Your Content or Your usage of the www.adawada.com or Services, Your breach of this TOU or ADAWADA.COM International's Copyright or Privacy Statements, or Your alleged violation of any other rights of a third party.
13. THE EXCLUSION OF SOFTWARE WARRANTIES
www.adawada.com, Content, and Services are being provided to You AS IS. ADAWADA.COM International does not guarantee or warrant any features or qualities of the www.adawada.com, Content, or Services or give any undertaking with regard to any other quality. Statements and explanations to www.adawada.com, Content, Software or Services in promotional material or on www.adawada.com and in the documentation are made for explanatory purposes only; they are not meant to constitute any guarantee or warranty of certain features. No warranty or undertaking shall be implied by a User from any published ADAWADA.COM International description of or advertisement except to the extent ADAWADA.COM International has expressly confirmed such warranty or undertaking in writing. Warranties are validly given only with the express written confirmation of ADAWADA.COM International's management.
ADAWADA.COM International does not represent or endorse the accuracy or reliability of any (i) links to web-pages of third parties contained on the www.adawada.com, or the content obtainable on such web-pages or (ii) any information provided by third parties on www.adawada.com. ADAWADA.COM International only reviews whether the content of such web-page at the time it was linked, and information provided by third parties on the www.adawada.com evidently contains illegal contents or infringements against intellectual property rights. ADAWADA.COM International will not permanently control and/or review the linked web-pages and the information provided by third parties but upon sufficiently proven indication will remove the respective link and/or information. ADAWADA.COM International shall not be liable for damages caused by the use of the content and/or information, unless such damages have been caused by ADAWADA.COM International's willful misconduct, gross negligence or ADAWADA.COM International's failure to fulfill its duty to review as stipulated herein.
14. THE LIMITATION OF LIABILITY
TO THE EXTENT ALLOWABLE BY APPLICABLE LAW, ADAWADA.COM International AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS ARE NOT LIABLE TO ANY USER FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF ADAWADA.COM International HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), HOWEVER CAUSED, WHETHER IN CONTRACT, TORT, OR OTHERWISE, ARISING OUT OF OR RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE www.adawada.com, ADAWADA.COM International SOFTWARE, OR SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES ARISING OUT OF YOUR USE OR INABILITY TO USE ANY ADAWADA.COM International SOFTWARE, CONTENT, OR SERVICES PURCHASED OR OBTAINED DURING TRANSACTIONS CONDUCTED ON THE www.adawada.com; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS, MESSAGES, OR CONDUCT OF ANY THIRD PARTY ON THE www.adawada.com; OR (v) ANY OTHER MATTER RELATING TO THE www.adawada.com OR SERVICES. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, THESE LIMITATIONS SHALL NOT APPLY IN CASE OF INTENT OR GROSS NEGLIGENCE BY ADAWADA.COM International AND IN CASE OF ADAWADA.COM International'S STATUTORY LIABILITY FOR PERSONAL INJURY AND DEFECTIVE PRODUCTS.
15. THE APPLICABLE LAW
15. A. This site is created and controlled by ADAWADA.COM International in Germany. Except as set forth in Section 15 B., the laws of Germany will govern this TOU without giving effect to any principles of conflicts of laws. You also agree to comply with all laws from the country in which You reside that are applicable to the transmission of data on the Internet, including, but, not limited to laws governing the use of encryption and laws governing the transmission of data across international boundaries, into prohibited countries, and containing personally identifiable information.
15. B. In the event You access or Use www.adawada.com from the United States, matters related to access and Use of www.adawada.com and these TOU shall be governed by U.S. federal law or the laws of the State of California. Any legal action or proceeding relating to your access to, or use of, www.adawada.com or Content shall be instituted in a state or federal court in San Francisco, California. You and ADAWADA.COM International agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding.
16. THE SURVIVAL
Your confidentiality obligations hereunder shall survive termination of Your access rights. Upon any termination of Your account, or ADAWADA.COM International's written request, You must cease use of Confidential Information, Discoveries, and/or Services and return or destroy all Confidential Information in Your possession or control.
17. WAIVER AND SEVERABILITY
The failure of ADAWADA.COM International to exercise or enforce any right or provision of this TOU shall not constitute a waiver of such right or provision. To the extent that any provision in this TOU shall be found to be unenforceable, such provision shall be modified in such a manner so as to make this TOU as modified, legal and enforceable under applicable laws and the balance of the provisions of this TOU shall not be affected thereby.
18. COPYRIGHTS AND DISCLAIMER
ADAWADA.COM International respects the intellectual property of others, and we ask our users to do the same. ADAWADA.COM International may, in appropriate circumstances and at its discretion, terminate the access/accounts of users who infringe the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement or any other violation of your rights, please provide ADAWADA.COM International the following information:
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
a description of the copyrighted work that you claim has been infringed or material which otherwise violates your rights;
a description of where the material that you claim is infringing/violating is located on the site;
your address, telephone number, and e-mail address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
ADAWADA.COM International – Disclaimer and Legal Information
General Disclaimer
ADAWADA.COM International does not represent or endorse the accuracy or reliability of any of the information, content, or advertisements (collectively, the "Materials") contained on, distributed through, or linked, downloaded, or accessed from any of the services contained on this Web site (the "Service"), nor the quality of any products, information, or other materials displayed, purchased, or obtained by you as a result of an advertisement or any other information or offer in or in connection with the Service (the "Products"). You hereby acknowledge that any reliance upon any Materials shall be at your sole risk. ADAWADA.COM International reserves the right, in its sole discretion and without any obligation, to make improvements to, or correct any error or omissions in any portion of the Service or the Materials.
THE SERVICE AND THE MATERIALS ARE PROVIDED BY ADAWADA.COM International ON AN "AS IS" BASIS, AND ADAWADA.COM International EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SERVICE OR ANY MATERIALS AND PRODUCTS. IN NO EVENT SHALL ADAWADA.COM International BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER WITH RESPECT TO THE SERVICE, THE MATERIALS, AND THE PRODUCTS.
ADAWADA.COM International encourages you to exercise discretion while browsing the Internet using this site.
ADAWADA.COM International makes no representations concerning any endeavor to review the content of sites linked to this site or any of the Materials, and so ADAWADA.COM International isn't responsible for the accuracy, copyright compliance, legality, or decency of material contained in sites listed in the directory or in the Materials.
ADAWADA.COM International respects the rights (including the intellectual property rights) of others, and we ask our users to do the same. ADAWADA.COM International may, in appropriate circumstances and in its sole discretion, terminate the accounts of users that infringe or otherwise violate such rights of others.
19. TRADEMARKS
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Google Play is a trademark of Google Inc.
Последняя модификация 25 января 2014
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