This Terms of Use and Privacy Policy (collectively, the “Policy”) of WebToGo GmbH and its subsidiaries (collectively, “WebToGo“) is effective as of February 04, 2014. WebToGo is registered in Germany with a company number of HRB 145688 and a registered address – WebToGo GmbH, Rosenheimer Str. 139, D-81671 München. VAT number DE813656782.

Please read this document carefully before accessing or using the various WebToGo products and services and/or our websites (collectively, the “Products”) including, without limitation, the wenewa and myhandycheck products, our discussion forums, blogs and other similar features available at or via www.webtogo.de, www.wenewa.com, www.myhandycheck.com. The use of these Products is subject to the terms and conditions set out below. On accessing the Products on this and each subsequent occasion you will be deemed to have accepted this Policy and all the terms and conditions that apply to their use.

This Policy constitutes the entire agreement between you and WebToGo and governs your use of the Products, superseding any prior agreements. Additional or different terms and conditions may apply when you use linked or affiliated websites or services, third-party content, or third-party software. The laws of Germany govern this Policy and our relationship with you. You agree to submit to the exclusive jurisdiction of the courts of Germany for any claim or dispute with WebToGo or any of its subsidiaries, affiliates, officers, agents, or employees. Our failure to enforce any right under this Policy will not waive that right. If any provision of this Policy is invalid, the Policy should be interpreted to affect the intent of the parties, and the remaining provisions will remain in effect.

WebToGo may from time to time change this Policy or change, modify or withdraw access to the Products at any time with or without notice or liability. We may terminate or change your password, account, or use of all or any part of the Products and may remove any content within the Products without notice and for any reason, including lack of use or violation of this Policy. If this Policy is changed in a way that is material and adverse, WebToGo will post a notice advising of such change at the beginning of this Policy. We recommend that you re-visit this Policy from time to time to learn of any such changes to this Policy.

Terms of Use

Intellectual Property Rights

The Products and any software, data, content or services it incorporates, distributes or downloads to you contain proprietary and confidential information that is protected by applicable intellectual property, copyright, trademark and other laws. Where applicable, WebToGo grants you a personal, non-transferable, and non-exclusive licence to access the Products via a single computer or a mobile device; provided that you do not (and do not allow any third party to) copy, modify, reverse engineer, assign or otherwise transfer any right in the Products.

WebToGo is the trading name of WebToGo GmbH. Other product or company names mentioned in the Products may be the trademarks of their respective owners. Nothing in these terms and conditions in any way confers on you any licence or right under any trademarks, names or logos of WebToGo or any third party.

Content

If you post content in areas available to the general public, you are giving us the world-wide, royalty-free, perpetual, irrevocable, sub-licensable, and non-exclusive license to use, reproduce, transmit, modify, adapt, frame, brand, co-brand, and publish such content in any media now known or later developed, including the right to make the content available to the general public. You will provide information that we reasonably request related to any claim that your content infringes the rights of a third party.

The opinions and views expressed by other users of the Products or content providers do not necessarily reflect those of WebToGo. You waive any claim resulting from your exposure to material on the Product that is offensive, indecent, or otherwise objectionable.

We may edit, move, or delete any content in the Product (including content or communications that you have provided) for any reason, and may preserve and disclose content if required to do so by law or in the good faith belief that doing so is necessary. We generally do not pre-screen, monitor, or edit content provided by third parties. We are not responsible for any failure to remove or delay in removing harmful, inaccurate, unlawful, or otherwise objectionable content originating with or otherwise provided by third parties.

Acceptable Use

You are responsible for your use of the Products and any content that you post or transmit on or through the Products. You will not use the Products in an unlawful or improper manner including, without limitation, to distribute, link to, or solicit content that:

• constitutes unsolicited or unauthorized communication or advertising including SPAM, junk or bulk e-mail, or chain letters;
• is unlawful, harmful to minors, threatening, harassing, abusive, defamatory, vulgar, gratuitously violent, obscene, pornographic, libellous, invasive of another’s privacy, or racially, ethnically or otherwise offensive;
• includes personally identifiable information about children;
• infringes someone else’s intellectual property or other rights;
• violates or advocates the violation of any law, regulation, or contract;
• or contains software viruses or any other computer code, files, or programs that are designed or intended to damage, disrupt, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or Personal Data (as defined below).

Certain Products require the use of a registered account and/or password. You are solely responsible for all activities that occur under any password or account which we grant to you, and will keep your password(s) confidential. You will immediately notify us of any unauthorized use of your password or account or any other breach of security. You will not disrupt the functioning of the Products, solicit another user’s password, or otherwise act in a way that interferes with other users’ use of the Products.

Disclaimer; Indemnity

WEBTOGO MAKES NO REPRESENTATIONS AS TO THE ACCURACY, QUALITY, TIMELINESS, AVAILABILITY, OR COMPLETENESS OF THE PRODUCTS, INFORMATION, SOFTWARE, OR OTHER MATERIALS AVAILABLE BY WDS. WE PROVIDE THE PRODUCTS ON AN “AS IS, AS AVAILABLE” BASIS. YOU USE THEM AT YOUR OWN RISK, AND WEBTOGO, ITS EMPLOYEES, SUBCONTRACTORS, PARTNERS DISTRIBUTORS, DIRECTORS, AND AGENTS ARE NOT LIABLE FOR ANY ERRORS OR OMISSIONS, OR FOR ANY FORM OF LOSS OR DAMAGE (INCLUDING ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, OR EXEMPLARY DAMAGES, EVEN IF KNOWN TO US) THAT MAY RESULT FROM THEIR USE. TO THE EXTENT PERMITTED BY LAW, WEBTOGO EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. ANY WARRANTY WHICH IS NOT SET FORTH IN THIS POLICY WILL BE INVALID. IF ANY OF THE ABOVE PROVISIONS ARE VOID UNDER THE LAWS OF GERMANY, OUR LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

You will indemnify WebToGo, and its subsidiaries, affiliates, officers, agents, and employees against any claim or demand, including reasonable attorneys’ fees, related to your use of the Products (and/or the content you distribute via the Products) or any breach of this Policy.

External Links

We may provide links to other products, services, internet or mobile sites or resources. We do not control these products, services, sites and resources, do not endorse them, and are not responsible for their availability, content, or delivery of services.