Terms & Conditions
Terms and Conditions of Use for the PrintersLounge Web Site
June 10, 2009
YOUR USE OF THIS WEB SITE CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THESE TERMS AND CONDITIONS.
1. Web Site License
2. Limitations on Use
The Content on this Web Site is for personal use only and not for commercial exploitation. You may not decompile, reverse engineer, disassemble, rent, lease, loan, sell, sublicense, or create derivative works from the Web Site or the Content. Nor may you use any network monitoring or discovery software to determine the site architecture, or extract information about usage or users. You may not use any robot, spider, other automatic device, or manual process to monitor or copy our Web Site or the Content without PrintersLounge's prior written permission. You may not copy, modify, reproduce, republish, distribute, display, or transmit for commercial, non-profit or public purposes all or any portion of the Web Site, except to the extent permitted above. You may not use or otherwise export or re-export the Web Site or any portion thereof, the Content or any software available on or through the Web Site. Any unauthorized use of the Web Site or its Content is prohibited.
3. Intellectual Property Rights
4. Linking to the Web Site
You may provide links to the homepage of this Web Site, provided you do not remove or obscure, by framing or otherwise, any portion of the homepage. You can provide links to you company page on PrintersLounge.
5. No Solicitation
In no event may any person or entity solicit any users with data retrieved from this Web Site.
This Web Site may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Web Site is accurate and complies with applicable laws. PrintersLounge will not be responsible for the illegality of or any error or inaccuracy in advertisers' or sponsors' materials.
Certain sections of this Web Site require you to register. If registration is requested, you agree to provide PrintersLounge with accurate, complete registration information. It is your responsibility to inform PrintersLounge of any changes to that information. Each registration is for a single person only, unless specifically designated otherwise on the registration page. PrintersLounge does not permit a) any other person using the registered sections under your name; or b) access through a single name being made available to multiple users on a network. You are responsible for preventing such unauthorized use. If you believe there has been unauthorized use, you must notify PrintersLounge immediately by emailing contact[at]printerslounge.com .
8. Errors and Corrections
PrintersLounge does not represent or warrant that the Web Site will be error-free, free of viruses or other harmful components, or that defects will be corrected. PrintersLounge does not warrant or represent that the information available on or through the Web Site will be correct, accurate, timely, or otherwise reliable. PrintersLounge may make improvements and/or changes to its features, functionality or Content at any time.
9. Third Party Content
Third party content may appear on this Web Site or may be accessible via links from this Web Site. PrintersLounge is not responsible for and assumes no liability for any mistakes, misstatements of law, defamation, slander, libel, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content contained in any third party content appearing on the Web Site. You understand that the information and opinions in the third party content is neither endorsed by nor does it reflect the belief of PrintersLounge.
THE WEB SITE IS PROVIDED ON AN "AS IS" BASIS. PrintersLounge EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. PrintersLounge DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF OR ANY WAY RELATED TO (A) ANY ERRORS IN OR OMISSIONS FROM THIS WEB SITE AND THE CONTENT, INCLUDING BUT NOT LIMITED TO TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS, (B) ANY THIRD PARTY WEB SITES OR CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS IN THIS WEB SITE, INCLUDING BUT NOT LIMITED TO ANY ERRORS IN OR OMISSIONS THEREFROM, (C) THE UNAVAILABILITY OF THE WEB SITE OR ANY PORTION THEREOF, (D) YOUR USE OF THIS WEB SITE, OR (E) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THE WEB SITE.
11. LIMITATION OF LIABILITY
PrintersLounge shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting from YOUR USE OF THE WEB SITE. PrintersLounge SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE WEB SITE OR THE CONTENT. TO THE EXTENT THE FOREGOING LIMITATION OF LIABILITY IS PROHIBITED, PrintersLounge SOLE OBLIGATION TO YOU FOR DAMAGES SHALL BE LIMITED TO 100 EUROS.
12. Unlawful Activity
13. Remedies for Violations
In a few areas on our Web site, we may ask you to provide information that will enable us to verify whether you are entitled to access and use certain information, materials and services available from our Web site, or to enable us to enhance your site visit, to assist you with customer service or technical support issues, or to follow up with you after your visit, or to otherwise support your customer relationship with PrintersLounge. It is completely optional for you to participate. However, failure to participate may mean that you cannot access and use certain information, materials and services. For example, we may request information from you when you:
15. Use of Information
The personal information you provide to us when using our Web site that aren't part of the normal use of the network functionality and so are published at your own risk -- such as your name, postal or e-mail address or telephone number -- will be kept confidential and only used to support your customer relationship with PrintersLounge. They also may get used to notify you of special offers, updated information and new products and services from PrintersLounge, or offers from third parties that we think may be of interest to you. PrintersLounge may enhance or merge your information collected at its site with data from third parties for purposes of marketing products or services to you.
16. Memberships with costs
Above the free standard account there are advanced memberships with different authority levels available.
The services provided by PrintersLounge are intended exclusively for persons of legal age. The user warrants and represents that he or she is of legal age at the time of registration.
Details about the applicable fees for memberships with costs are set forth on the PrintersLounge Web sites under "Upgrade" or via special campaigns and announcements. The fees listed under "Upgrade" or related campaigns and announcements are binding. Payments for the memberships with costs shall be due immediately upon invoicing. Payment can be made using the listed procedures. If PrintersLounge is unable to collect any fees from an account designated by the user due to lack of funds, the user shall bear all costs arising there from, including bank charges related to any debit entries or similar charges, insofar as the user is responsible for the event that triggers these costs. PrintersLounge may deliver invoices to the user for memberships with costs by email.
By completing the registration process, the user consents to enter the agreement to use the services of the PrintersLounge Web sites. PrintersLounge accepts this offer by activating the membership for the use of services on PrintersLounge Web sites. The agreement takes effect with the aforementioned acceptance by PrintersLounge.
17. Right of cancellation for consumers
If a user is registered at PrintersLounge for a purpose that is not related to either his or her commercial or freelance activity, the following provisions apply to him or her as a consumer under the law (§13 German Civil Code):
17.1 Right of cancellation
The user may cancel registration for the free or memberships with costs in writing (e.g. by letter, fax or email) within two (2) weeks without stating a reason. The two-week period begins when membership is activated by PrintersLounge, but not before the receipt of these instructions.
Furthermore, the user may cancel registration for the memberships with costs in writing (e.g. by post, fax or email) within two (2) weeks without stating a reason, after changing from free membership to membership with costs. The two-week period begins when membership with costs is activated by PrintersLounge, but not before the receipt of these instructions.
For meeting the cancellation deadline in each of the aforementioned cases, the date of dispatch of the cancellation notice is decisive. In each of the aforementioned cases, the cancellation notice should be sent by post to PrintersLounge. The user may deliver notice of termination using the contact form available at the PrintersLounge web sites, or by sending a fax or letter to PrintersLounge.
The user’s right of termination under section 18 shall not be affected by the user’s cancellation right under this section 17.
17.2 Premature lapse of the right of cancellation
In accordance with §312d Par. 3 BGB (German Civil Code), the user’s right of cancellation lapses before the end of the right of cancellation period cited in section 17.1, in the following cases.
If PrintersLounge has begun performing the PrintersLounge services for which the user is registered with the express consent of the user, or
If the user has initiated the PrintersLounge services for which the user is registered (e.g. in which the user has accessed the PrintersLounge services that PrintersLounge has made available to the user in accordance with the type of membership chosen by the user at registration).
17.3 Consequences of cancellation
In the event of a valid cancellation, both parties shall be obliged to restore any benefits already received in accordance with legal provisions, and issue any gains (e.g. interest). If the user is unable or partially unable to restore the benefits, or only able to restore them in poor condition, to PrintersLounge, then the user must reimburse PrintersLounge for the corresponding value. The user must fulfill obligations for reimbursement within 30 days after dispatch of the cancellation notice.
18. Termination of Membership, Reimbursement of Advance Payments
18.1 The user may terminate the free Membership at any time without cause. The user may deliver notice of termination using the contact form available on the PrintersLounge Web site at any time. The termination notice shall include the user’s registered name and an email address of the user registered on one of the PrintersLounge Web sites.
18.2 The user may terminate without cause the membership with costs to the end of the minimum runtime chosen by the user in the course of the registration process, or to the end of any renewal period after said minimum runtime expires, by giving notice of fourteen (14) business days. The user may deliver notice of termination using the contact form available on the PrintersLounge Web sites, or by sending a fax or letter to PrintersLounge. The termination notice shall include the registered name of the user and an email address of the user registered on the PrintersLounge Web sites. If the user has terminated the membership with costs, the user is entitled to retain a free Membership until such termination takes effect. The provisions of this section 18.2 shall not affect the right of both parties to terminate the agreement for good cause.
18.3 A good cause is defined as an event which makes it unacceptable for PrintersLounge to continue the agreement to the end of the termination period, taking into account all circumstances of the individual case and weighing the interests of PrintersLounge against the user's. A good cause includes any the following events:
18.4 In the event of a good cause in accordance with section 18.3 and notwithstanding PrintersLounge's right to terminate the contract in accordance with section 18.3, PrintersLounge is entitled to:
18.5 In the following cases, the user shall not be entitled to claim reimbursement of any advance payments:
19. Right to Contents
When the User posts his or her contribution to the network, the User grants PrintersLounge an unlimited, irrevocable and assignable right of use for the respective contribution, which PrintersLounge is entitled to utilize for any purpose. In particular, PrintersLounge is entitled to keep said contribution on each area, and on its Web sites and the Web sites of its partners, or use it for marketing the network in any other way.
Consequently, PrintersLounge has a right of use over all contributions to all areas it operates. Duplication or the use of these contributions or their contents in other electronic or printed publications is prohibited without the express written consent of PrintersLounge. Copying, downloading, dissemination, distribution and storing of the contents of PrintersLounge and/or third parties, with the exception of the cache memory when browsing the network, is prohibited without its express consent.
20. Severability of Provisions
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