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General Terms and Conditions of use of Counto.com

counto.com, a service of counto GmbH, Huschbergerstr. 6, 40212 Dusseldorf ("we"), offers you an interactive platform for free countdowns. Irrespective of the selected medium, exclusively the following terms and conditions shall apply to the use of counto.com ("Terms and Conditions of Use"). These Terms and Conditions of Use shall apply both to the use of counto.com via the website using a browser, etc. and to the use of counto.com via our Counto App.

1. Description of the counto.com Service

On counto.com, you can create and design a profile after registering. You can thus create and design countdowns and comment on them and share them with friends or the public. This service is free of charge. You can also insert the countdowns you have created into your blog, or other website. There is no right to the availability of the content. We wish you lots of fun with our service.

2. Conclusion of Contract, Registration

To use the full range of services of counto.com, you must be registered as a user. In order to register, you must be at least 13 years of age. The conclusion of a use agreement concerning our service offerings is associated with the registration ("User Agreement"). The User Agreement shall come about when you have sent to us the registration form filled out with your complete and accurate information (offer) and we have sent you a confirmation (acceptance). Alternatively, the registration can be made using your Facebook or cell phone number via a Digit account. In all cases, you must specify your email address when registering. The registration and creation of the user account are free of charge. You are obliged to provide true data when registering. If the collected data change after the registration, you are obliged to update your profile immediately and/or to communicate the altered data in another fashion. The selected user names must not infringe on third-party rights or violate bonos mores or are legally impermissible in any other way. You are responsible for all acts undertaken under this username and for the secure storage of your password. We reserve the right to reject your application without specifying any reasons.

3. Availability of the Service

The use of our service requires that you have the suitable technical means services necessary for access via the Internet (e.g. computer, Internet access, email address). Within the framework of the User Agreement, we provide the service solely in accordance with our Terms and Conditions of Use, with the availability conclusively stipulated below and with the effective (freely selected) provision by us. We endeavor to ensure access to the service with average annual availability of 95%. However, availability at all times, particularly regarding the contents available via our service, is not owed. In particular, necessary maintenance work, compulsory security measures and events beyond our control (e.g. disruptions in public communications networks, power outages and similar events) may cause disruptions or the temporary interruption of our services or the reachability of the system.

4. Modifications of These Terms and Conditions of Use

We reserve the right to change these Terms and Conditions of Use and the services offered by us. The modifications will be communicated to you and will take effect upon the receipt of the notice, unless you oppose the changes within six weeks after receipt of the notice of the change in whole or in part in writing or by email. Modifications will not have any retroactive effect on the services used before the effective date of the change. Should you not agree to any change, however, you are obliged to end the use of the service and to terminate this User Agreement.

5. Intellectual Property

Our service contains content and links to content and other components that are protected by copyright or other property rights within the framework of applicable laws in Germany and other countries in favor of ourselves or third parties who have granted us the right to use and exploit such content and other components ("Materials"). Special rules might apply to the use of certain software programs and other elements provided within the framework of the service that will be communicated separately. We are and remain the owner of all rights to or related to the service. If the content posted via our service is protected by patents, utility models, designs, copyrights, trademark rights or other rights, you or any third party entitled to such rights shall remain the owner of such rights. You yourself are responsible for safeguarding and/or defending these rights. By posting content via the service, you grant us the substantively, geographically and temporally unrestricted and non-exclusive right free of charge to use and exploit this content, particularly to reproduce, disseminate, exhibit, publicly display and make such content available to the general public (particularly in the Internet and within social media) and to modify and redesign the content. Further, you grant us the right to use and exploit the content posted by you via the service also on third-party sites, particularly the partners of counto.com, to the same degree. The rights shall be granted in a temporally unrestricted fashion until further notice.

6. User Content

You are yourself responsible for all data, texts and information, links, images, videos and other content posted by you via our service ("User Content"). This means that you and not counto.com are exclusively responsible for all User Content that you publish, post, upload, send, disseminate or otherwise transmit via the service. We assume no warranty for User Content, including the accuracy, completeness or utility thereof, and shall in principle not be liable for any losses or damage arising based on the use of content posted via the service. We shall not be obliged to review the User Content, though we reserve the right to prevent or reverse the publication thereof if we have specific reason to believe that the User Content violates provisions of law, administrative prohibitions, third-party rights or bonos mores. You must ensure that you are entitled to the necessary use rights for the User Content, particularly with respect to any exploitation of the content pursuant to Section 4 by us or our partners. Consequently, you must ensure that the reproduction and processing of the User Content by us or our partners or our or our partners' making the User Content available to the general public does not violate any provisions of law, bonos mores and/or third-party rights. Please observe that all user content posted by you, including your account name, image and the countdowns created by you are accessible to the general public. By posting and uploading parts of this content, you consent for the content to also be visible on third-party websites or in other media, e.g. in widgets, social media or similar applications, and to be retrievable by third parties through interfaces.

7. Rules of Conduct

You agree that you are yourself responsible for your own conduct and messages throughout the use of the service and for any resulting consequences. You hereby agree to only use the service to send and receive messages and content that are lawful, suitable and relevant and do not violate bonos mores, particularly:

  • not to insult or harass any person or not to otherwise infringe on the rights of third parties (e.g. personality rights);
  • not to post in any appropriate, slanderous, obscene, pornographic or corrupting content or content that otherwise jeopardizes or impairs the development of children or youth and not to post any content that violates laws or other regulations or infringes on third-party rights;
  • not to post any content that infringes patents, trademarks, utility models, designs, copyrights, trade secrets, know-how or other rights of other persons;
  • not to post and/or upload photographs or videos in which other persons can be identified apart from yourself if the other person has not provided the approval to do so and the personality rights of such person are thereby infringed upon;
  • not to identify yourself as any other natural or legal person and not to falsify or suppress the ascription of a posted file to a particular author, and not to falsify or remove any legal or other notice or property designations or identification of origin or the source of software or other components of any posted file;
  • not to prevent other users from using the service and not to disturb or restrict the use by other persons;
  • not to use the service for unlawful purposes;
  • not to remove copyright, trademark or other notices relating to the service;
  • not to disrupt or interrupt the service or the servers or networks connected to the service and to comply with the requirements, procedures, guidelines and provisions of the networks connected to the service;
  • not to use any robots, spiders or other applications to search or retrieve sites or other tools serving to retrieve for index the service in whole or in part or serving to collect information about users without their approval;
  • not to create user accounts using automated procedures or feigning false facts;
  • not to provide or support instructions for undertaking illegal acts and not to support physical damage or injury to groups of persons or individuals;
  • not to transmit viruses, worms, errors, Trojan horses and other destructive elements; and
  • to otherwise comply with all applicable provisions of law when using the service.

8. Links

We provide links to other websites and sources. Because we do not have control over these websites and sources, you hereby acknowledge and agree that we are not responsible for the availability of these third-party websites or sources and that we do not adopt the content provided via these websites and resources as our own and are not responsible and therefore not liable for such content.

9. Indemnity

If recourse is taken against us for impermissible content or other legal violations for which you are responsible, you must indemnify us upon first demand and support the defense against such claims. The indemnity shall encompass the necessary costs of legal prosecution.

10. Term and Termination

You can terminate the User Agreement at any time without specifying any reasons by sending an email to customer support at support@counto.com. If you terminate, you can decide whether the User Content you have posted will be deleted or should remain available to us at the terms and conditions applicable herein. Should we not receive a corresponding notice, we will assume that the User Content is at our further disposition.

11. Deactivation

We can deactivate users at our discretion if we have specific reasons to believe that the user has breached these Terms and Conditions of Use or infringed third-party rights (e.g. copyrights or trademark rights) or if we have another legitimate interest in the deactivation. As soon as the user has been deactivated, such user may no longer use our service and may not register again.

12. Ads

counto.com is a service financed through advertising amongst other things. We alone are entitled to determine and change the type and degree of advertising. We are not obliged to review ads before they are placed in our service.

13. Data Protection

We collect, process and use your personal data exclusively in accordance with the provisions of data protection law in the Federal Republic of Germany. Our Data Protection Policy, which you expressly approve by using the service, shall apply in supplementation to these Terms and Conditions of Use.

14. Miscellaneous

Terms and conditions of the users at variance with these Terms and Conditions of Use shall not be recognized, unless we expressly approve the applicability thereof. All legal relations between you and us shall be determined in accordance with German law, to the exclusion of the UN Convention on Contracts for the International Sale of Goods.