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.

This Web site (the "Web Site") is a service made available by D&S - Dort und Schmitt as PrintersLounge network ("PrintersLounge") and all content, information and software provided on and through the Web Site ("Content") may be used solely under the following terms and conditions ("Terms of Use").


1. Web Site License

As a user of this Web Site you are granted a nonexclusive, nontransferable, revocable, limited license to access and use the Web Site and Content in accordance with these Terms of Use. PrintersLounge may terminate this license at any time for any reason.


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

Except as expressly provided in these Terms of Use, nothing contained herein shall be construed as conferring any license or right, by implication, estoppel or otherwise, under copyright or other intellectual property rights. You agree that the Content and Web Site is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.


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.


6. Advertisers

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.


7. Registration

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.


10. DISCLAIMER

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

PrintersLounge reserves the right to investigate complaints or reported violations of the Terms of Use and to take any action we deem appropriate including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to user profiles, e-mail addresses, usage history, posted materials, IP addresses and traffic information. Please note: We do NOT accept multi-level-marketing (MLM), gambling or any obscure contents! PrintersLounge reserves the right to delete or edit these entries.


13. Remedies for Violations

PrintersLounge reserves the right to seek all remedies available at law and in equity for violations of these Terms of Use, including but not limited to the right to block access from a particular Internet address to the PrintersLounge's Web sites and their features.


14. Privacy

Your use of the Web Site is subject to PrintersLounge's Privacy Policy. Our Web site does track certain information about the visits to our Web site. For example, we compile statistics that show the numbers and frequency of visitors to our Web site and its individual pages. These aggregated statistics are used internally to improve our Web site and for product development and marketing purposes and may get used by administrators and users with special privileges. Those aggregated statistics may also get provided to advertisers and other third parties in anonymous form.

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:
  1. Log-on to certain areas of our Web site, where you may be prompted to provide us with your user name and password as a condition to gaining access to certain information, materials or services
  2. Register or sign-up to subscribe to a service
  3. Subscribe to a newsletter or desire to be added to our mailing lists for other products or services
  4. Place an order
  5. Participate in a sweepstakes or other promotional offer
  6. Provide feedback in an online survey.
In each of the instances above, we typically ask for your name, e-mail address, phone number, address, the type of business you are in, product preference information, any applicable identification number or password that we may require, as well as other similar personal information that is needed to register or subscribe you to services or offers. On occasion, we may ask for additional information to enable us to provide you with access to and use of certain information, materials and services. In the case of mailed materials, you will be able to "unsubscribe" to these mailings at any time.


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:
  • If the user fails to comply with any applicable legal provisions
  • If the user breaches a contractual obligation
  • If the reputation of the services offered on the PrintersLounge Web sites is substantially impaired by the online-presence of the user (if, for example, it is discovered after registration that the user has been convicted of a criminal offence, and if said conviction is known to other users);
  • If the user promotes any communities or associations (or any of their methods or activities) which are under surveillance by authorities responsible for public safety or the protection of minors, or;
  • If the user causes harm to any other user(s)
  • If the user is a member of a religious sect or a denomination that is controversial in Germany.

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:
  • Delete the contents posted by the user
  • Issue a warning, or
  • Block the user's access to the services on the PrintersLounge Web sites.

18.5 In the following cases, the user shall not be entitled to claim reimbursement of any advance payments:
  • If PrintersLounge has terminated the contract for good cause pursuant to section 18.3,
  • If PrintersLounge has blocked the user’s access in accordance with section 18.4, or
  • If the user has terminated the agreement. However, the user's right to claim reimbursement of any advance payments shall not be excluded in this case if the user has terminated the agreement for a good cause attributable to PrintersLounge.

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

These Terms of Use incorporate by reference any notices contained on the Web Site and the Privacy Policy constitute the entire agreement with respect to access to and use of the Web Site. If any provision of these Terms of Use is unlawful, void or unenforceable then that provision shall be deemed severable from the remaining provisions and shall not affect their validity and enforceability.


21. Modifications to Terms of Use

PrintersLounge reserves the right to change these Terms of Use at any time. Updated versions of the Terms of Use will appear on this Web Site and are effective immediately. You are responsible for regularly reviewing the Terms of Use. Continued use of the Web Site after any such changes constitutes your consent to such changes.

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