Terms and Conditions
The following General Terms and Conditions are an unofficial translation of the German General Terms and Conditions / Conditions of Use.
counto.com is an offer of bevolution.net Ltd. & Co. KG, Niederlöricker Str. 48, D — 40667 Meerbusch, it provides you with an interactive platform where you can create and design a countdown clock free of charge. For the use of counto.com the following conditions apply exclusively.
1. Service description of counto.com
At counto.com you may create, design and publish a countdown clock or simply use a finished countdown without registering.
This service is free of charge.
You may insert your created countdown clock immediately in your blog, your myspace site or any other web site and use it free of charge.
We hope you will have fun with our service.
2. Changes to the Conditions of Use
counto.com may change the Conditions of Use for this service at any time with or without prior notification, as far as this is reasonable under consideration of the interests of counto.com. If you do not agree to a change you are obliged to end the use of the service and to terminate this Licence Agreement.
3. Conclusion of the agreement, registration
To be able to use the entire service portfolio of counto.com you must be registered as user. An agreement is concluded once you submitted to us a completed registration form with your complete and correct details (offer) and we sent a confirmation to you (acceptance). The registration and creation of the user account are free of charge. In the course of the registration you are obliged to provide truthful details of the data collected. If the collected data change after registration you are obliged to update your profile immediately to that effect or to transfer the changed data via other means.
The user names chosen may not breach any rights of third parties, they may not offend common decency and they may not be in any other way legally impermissible. You are responsible for all actions taken using that user name and you are responsible for the safe keeping of your password. We reserve the right to reject your registration without giving reasons. Once we accept your registration we confirm this in an email with a confirmation link.
4. Copyrights, trademark rights
Our service includes links to contents and other sections, which within the scope of relevant legal provisions in Germany and other countries are protected by copyrights or other protective rights to the benefit of us or third parties who on their part granted us the right to use and utilise these contents and other sections (hereinafter referred to as "materials"). counto.com allows you to call up and download a single copy of these materials for the exclusively personal, non-commercial use.
You may not sell, edit, duplicate, exhibit, reproduce publicly, distribute or publish in other ways or use for commercial purposes the materials without counto.com's prior written consent. For the use of certain software programs and other elements made available within the scope of the service special regulations may apply, which will be announced where applicable. counto.com is and will be the proprietor of all rights of or in relation to the service. If the posted contents are protected by patents, utility or design patents, trademark rights or copyrights you or third parties, who are entitled to these rights, remain the proprietor of such rights. You are personally responsible for the execution and/or defence of such rights. By posting contents via the service you grant counto.com free of charge the contentually, spatially and temporally unlimited, non-exclusive right to use and utilise these contents, in particular, to duplicate, distribute, exhibit, reproduce publicly, make available publicly (in particular on the Internet) as well as to edit or redesign the same. Furthermore, you grant counto.com the right to use and utilise the contents you posted via the server on web sites of third parties, in particular the partners of counto.com, to the same extent. The right of use and utilisation expires if the relevant content is deleted from the service.
You are personally responsible for all data, texts and information, links as well as further contents, which you "post". This means that you and not counto.com are exclusively responsible for all contents, which you publish, post, upload, send, distribute or transmit otherwise via the service. counto.com does not accept any liability for these contents, including their correctness, completeness or usefulness and is not liable for any losses or damages, which result from the use of a content posted via the service. counto.com monitors these contents. counto.com is entitled at any time not to enter or to delete any content if relevant legal obligations exist, if these Conditions of Use are breached or at its own discretion and without giving reasons.
6. Code of Conduct
You agree that you are personally responsible for your own behaviour and your notifications in the course of using this service and any consequences possibly resulting thereof. You commit to use the service to send and receive information and materials only, which are a legitimate, suitable and relevant, in particular:
- not to denigrate, insult, molest and threaten anybody or to breach the rights of third parties (for example the personality rights) in any other way;
- not to post any inadequate, denigrating, obscene, pornographic contents liable to corrupt the young or risking and affecting otherwise the development of children and the youth, as well as not to post any contents, which breach laws and other legal provisions or the rights of third parties;
- not to post any contents, which breach the patents, trademark rights, utility or design patents, copyrights, trade secrets, know-how or other rights of a third party;
- not to pretend to be another natural or legal person and not to distort or suppress the allocation of a posted file to a particular author as well as not to distort or remove any legal or other notes or names of ownership or identifications of origin or the source of software or other parts of a posted content;
- not to prevent another user from using the service and not to disrupt or limit the use of the service for others;
- not to use the service for illegitimate purposes;
- not to remove any notices and comments regarding copyrights, trademark rights and others, which relate to the service;
- not to disturb or disrupt the service or the servers or networks connected with the service and to comply with the requirements, procedures, guidelines and regulations of the networks connected with the service;
- not to use any robots, spiders and applications to search or call up sites or other mediums, the purpose of which is to call up or index the service in full or in parts or to collect information about users without their consent;
- not to create any user accounts in automated processes or under false pretences;
- not to make available instructions or support how to carry out unlawful acts and not to support any physical damages or injuries of groups or individuals; and
not to transmit any viruses, worms, errors, Trojans or other destructive elements.
- When using the service you commit to comply with all relevant legal regulations.
counto.com makes available links to other web sites or other sources. As counto.com does not have any control over these web sites and sources you acknowledge and consent that counto.com is not responsible for the availability of these web sites or sources of third parties, that it does not appropriate the contents made available via those web sites and resources, that it is not responsible for these contents and that thus it is not liable.
8. Release from liability
If third parties take advantage of counto.com in connection with your use of the service you are obliged to release counto.com from any liability and also to pay back any costs incurring as a result of the violation of law (including the costs of prosecution and defence respectively). In such an event you will receive written notification from us.
9. Term and termination
You may terminate the Licence Agreement at any time without giving reasons by sending an email to customer support at email@example.com. In the event of termination on your part you may decide if the contents you posted should be deleted or if they should continue to remain available to counto.com in accordance with the conditions of these provisions.
counto.com may block a customer if there are concrete pointers that the customer has breached these General Terms and Conditions or the rights of third parties (in particular copyrights or trademark rights) or if counto.com has another justified interest in such a blocking. As soon as the customer has been blocked he may no longer use www.counto.com and he may not reregister.
counto.com is a service, which amongst other ways is financed with advertisements. counto.com has got the exclusive right to stipulate and change the style and kind as well as the extent of the advertisements. counto.com is not obliged to audit these advertisements before their insertion in this service.
12. Instruction regarding the consumers' right of rescission
You may revoke your contractual declaration within two weeks without providing reasons in written form (e.g. letter, fax, email). The period begins at the earliest with receipt of this instruction. To ensure the period for the rescission the timely sending of the revocation suffices. The revocation shall be addressed to: bevolution.net Ltd. & Co. KG, Niederlöricker Str. 48, D — 40667 Meerbusch. Consequences of a rescission: In the case of an effective revocation the performances received by both parties and if required the uses taken advantage of (e.g. interest) must be returned. Should the received service not be returned entirely or in parts or only in a worsened state you are required to pay damages to us insofar as required. Your right of rescission expires prematurely once we have commenced the execution of the service with your express consent before the end of the period of revocation or if you personally have effected the same (e.g. by downloading etc.).
13. Data protection
The user is aware of and consents to the fact that the personal data required for the processing of the relationship of use are saved on data carriers. The user expressly agrees to the collection, processing and use of his personal data. This includes all data required for the orderly processing of the agreement concluded between the customer and counto.com, thus in particular contact details such as email address and user name; but also the anonymous analysis of files requested as well as the name of the file, the date and time of the request, the data volume transmitted, the access status (file transmitted, file not found etc.) and a description of the web browser type. The datasets consisting of the above-mentioned data are analysed exclusively for statistical purposes, viz. in order to obtain an overview of the frequency of accesses to individual segments on offer. This completely anonymous analysis helps us to adapt our web offer to your requirements. Furthermore, in accordance with § 29 BDSG (Federal Data Protection Act) counto.com is entitled to collect, save or change personal data of the customer for advertising purposes. In addition, counto.com is not entitled to hand over the collected personal data in lists or any other summarised form in the sense of § 28 Para. 3 No. 3 BDSG (Federal Data Protection Act) to third parties for advertising purposes. The saved personal details are treated confidentially. The collection, processing and use of personal data are in compliance with the Federal Data Protection Act (BDSG) as well as the Teleservices Data Protection Act (TDDSG). The user is legally entitled to revoke his consent at any time with future effect. In this event counto.com is obliged to delete the user's personal data immediately. In the event of an on-going relationship of use the deletion is after termination of the agreement.
All legal relationships between counto.com and the customer are subject to the German Law and with the exemption from the CISG (United Nations Convention on Contracts for the International Sale of Goods).