terms of use

Terms of use – Copyright
Use of the www.whatstrend,com web site is subject to the following terms of use.

These terms of use are adapted from time to time to reflect changes that have taken place. As you are not explicitly notified of changes in the terms of use, you should review these terms from time to time for any changes. By visiting our web site, you agree to accept these terms of use.

If you are still under 18, please only use this web site with the consent of a parent or legal guardian. We attach particular importance to protecting the personal data of children and deliberately do not capture any data relating to minors unless a parent or legal guardian has first given consent. If we see that minors have provided us with personal data themselves without the necessary consent, or data on such minors has been furnished by another person, we will delete this data.

1. Right of use
We grant you – unless anything else has been agreed in an individual case – a limited, non-exclusive and non-transferable right to access, to use and to display on a screen the web site and its content in accordance with the provisions of these terms of use for your own private use. Use for commercial purposes, in particular posting advertising, is prohibited.
We reserve the right to restrict or terminate your use of the web site at our discretion and without advance notice unless we have contractually agreed something different with you. We also have the right to disable or delete the password, the user account and the entire content of the user account with immediate effect and to block any further access by you to personalised services if you infringe these terms of use, or if you have provided us with false, imprecise or incomplete personal details or we have legitimate reasons to suspect that you have given us false, imprecise or incomplete personal details.


2. Liability

New Yorker always makes every effort to ensure that the information on its web site is accurate and up to date. However, we cannot provide any guarantee or affirmation that such information is accurate and/or up to date. Please also note that we will not accept any liability for consequences if access to our web site is not possible. For this reason, we reserve the right to modify or remove content and services at any time unless we have agreed something different with you contractually. This means no guarantee is given that the web site can be accessed at any time without interruption, and we will not accept any liability if access to the web site is not possible for reasons beyond our control or if data is lost for reasons beyond our control.

In the cases in which this web site contains links to web sites of a third party, we have not made the content of such another web site a part of the content of our own site; in particular we cannot constantly monitor such other web sites belonging to other companies. The link only serves as information for you. Nor do we vouch for the accessibility of the linked sites. New Yorker is not under any legal obligation to monitor the information transmitted or stored or to look for circumstances that would indicate an illegal activity (Section 7 of the German Telemedia Act).

Insofar as we offer the possibility of taking part in interactive services, you will be responsible for the content posted by you yourself.

We have unlimited liability in cases of intent and gross negligence. However in cases of slight negligence we will only accept liability that is also limited in its extent in cases of violation of a material contractual duty (cardinal duty). The limitation is confined to calculable damages as per standard contract provisions. We will not accept any liability for indirect damage or loss, in particular not for any lost profit or intangible damage. Nor will we accept any liability for loss of data or other damage to hardware or software that is attributable to downloading of material from the web site.

The above restrictions on liability do not apply to death, physical injury or damage to health for reasons not beyond our control, or to claims under the law on product liability.

The above restrictions on liability apply analogously to the employees, legal representatives and vicarious agents of New Yorker.

The user will be liable for all disadvantages suffered by New Yorker due to improper or illegal use of the web site or due to the fact that you do not discharge your contractual obligations for reasons not beyond your control.

3. Web site rules and regulations (binding netiquette)
The right to use the web site and services only applies to you. Rights and duties arising from the terms of use cannot be transferred to any third party either in full or in part. If you take part in forums, chats, blogs or other interactive services, you are prohibited from giving others access to your user account or your password; the account and the password authorise you alone to use the web site and services.
As a user of interactive services, you are obliged to keep your password and further information on your user account secret. You are required to notify us without delay by letter/fax or an eMail to whatstrend@newoyker.de of any unauthorised use of your user account. However the responsibility for unauthorised use of the web site will remain with you. If any doubt arises, you will have to accept any declarations made using your password or other user account information as applying against you.
Transferring material to the web site that contains harmful content (in particular malicious code) and other programmes that could endanger or interfere with the workability of software or hardware is prohibited. Filtering of content that you upload within the interactive services by an up-to-date anti-virus programme must take place as a matter of course.

Uploading, disseminating and/or providing access to content and/or comments that are illegal or immoral is not permitted; this particularly applies to statements that incite racial hatred, glorify or play down violence, glorify war, are pornographic or sexually offensive, are clearly suitable to place children and young persons at risk, or make reference to content of the nature described above.

Actions that impair the security of the system or network or are intended to achieve this, for example obtaining unauthorised access or smuggling in a malicious code, or that make unauthorised access possible are prohibited.

4. Copyright
The web site is protected by copyright. This particularly applies to texts, pictures, photographs, illustrations, graphics, designs, sound, video and animation files including their arrangement on the individual pages. Any (even partial) change, reproduction, dissemination, transmission or other exploitation of such pages (or parts thereof) by means of electronic media (also on the Internet) or conventional publications is only permitted with prior consent. The consent to publish the web site can be obtained from the editors (to the Publisher’s details). Images, graphics, text files and other kinds of files may also be subject to the copyright of a third party in full or in part.

Content and downloadable material may only be copied or downloaded for personal use. However this procedure does not give the user any rights in the material copied or downloaded. Reproducing, publishing, passing on, transmitting, distributing, advertising, modifying, selling, and using for public or business purposes the entire content of the web site or parts thereof is not permitted.

All the brand names and trademarks named on the web site are subject to the provisions of trademark law in force at the time in question without limitation. The mere fact that brand names or trademarks are named on our web site does not mean that they are not protected by rights of a third party.

Using our web site does not give rise – either explicitly, implicitly or in any other way – to a licence or a right to use intellectual property rights whose subject matter is contained on this web site. Any unlawful use is explicitly prohibited.

It goes without saying that you can make printouts of the web site content for your personal use. The same applies to downloading content to your hard drive provided this is for your own personal purposes only. Copyright notices and trademark designations may not be changed or removed in any circumstances.
You agree that we acquire ownership of all material that you upload onto the web site on your own initiative or at our request or provide us with in another way, for example by eMail. Unless this material contains personal data or we have agreed secrecy with you, we will not be under any obligation to treat this material as confidential. You will grant us a transferable and exclusive right in perpetuity and free of charge to exploit and use the materials you have uploaded onto the web site. In particular, we will be authorised to reproduce, publish, pass on, transmit, distribute, modify or sell this material worldwide, or to use for public or business purposes the entire content of parts thereof or to incorporate it into any material of any other kind irrespective of the form, media and technology used for this purpose.

5. Miscellaneous
These terms of use are governed by German law; the UN Convention on Contracts for the International Sale of Goods (CISG) does not apply.
Should any of the provisions of these terms of use be without legal effect or become null and void, or be in conflict with statutory provisions of law, this shall not affect the validity of the other provisions. The parties agree to replace any ineffective provision by a provision that most closely reflects the intended financial purpose of the ineffective provision in a way that is legally permissible. The above will apply analogously if anything has been omitted.
Together with the special terms and conditions for personalised services, the declaration on data protection and any other rules applicable to interactive services, the terms of use constitute the entire agreement between you and [New Yorker] .


July 2011

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