USERCENTRICS/HUGIT TERMS OF SERVICE
These Terms of Service (“Terms”) constitute legally binding agreement between you and UserCentrics/HUGit Services Oy (“UserCentrics/HUGit”). The Terms govern your use of UserCentrics/HUGit’s websites, web service API or other online services (all collectively “Services”), or of the add-on software (“Software” – for the clarity, the Software is not a part of “Services”). By accessing or using the Services or Software, you agree to be bound by the Terms. You agree that the Terms are like any written negotiated agreement signed by you. If you do not agree to the Terms, do not use the Services or Software.
The Services and Software are protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. UserCentrics/HUGit or its licensors shall retain ownership in and to the Services (excluding the Content) and Software, and to all related intellectual property rights, including without limitation trademarks, trade names, database rights and patents. You are granted only a limited right to use the Services and Software subject to the Terms.
Grant of license
UserCentrics/HUGit hereby grants to you and you fully accept, upon delivery, a personal, limited, non-exclusive and non-transferable right to use the Services for your own personal, non-commercial use. This license enters into force through aforementioned procedure and no title shall pass to you. In addition to the license granted in this section, you shall have the right to access the Services in accordance with the Terms. The license does not allow you to use UserCentrics/HUGit name, UserCentrics/HUGit trademarks or other commercial symbols. All rights and licenses not expressly granted to you under this agreement shall be retained by UserCentrics/HUGit.
You shall also have a personal, limited, non-exclusive and non-transferable right to use the Software for your own personal, non-commercial use in connection with your use of the Services. In case you wish to use the Software and/or web service API as a part of your own application or to redistribute and modify the Software, separate terms and conditions apply.
Any commercial or enterprise use of the Service and/or Software requires a separate agreement with UserCentrics/HUGit.
Content in the Services
All content (“Content”) submitted to or available through the Services is the sole responsibility of the person who originated the Content. By submitting, posting, or displaying Content through the Services, you give UserCentrics/HUGit a right to use such Content as a part of the Service.
UserCentrics/HUGit does not control, monitor, or have any detailed knowledge of the Content and other information presented and received through the use of the Services. Therefore, you may be exposed to information that is erroneous, indecent or otherwise objectionable. UserCentrics/HUGit shall not be liable for the Content and other information spread or delivered through or in connection with the Services. You agree that you shall bear all risks associated for the use of such information.
By providing the Services, UserCentrics/HUGit does not recommend any single website or web service. The website ratings and links provided in connection with the Services may not be accurate as they are based on subjective evaluations of the users. UserCentrics/HUGit makes no representations or warranties about the suitability, reliability, and accuracy of such ratings or links. For the avoidance of doubt, UserCentrics/HUGit shall always have the right to remove any Content and links from the Services.
Obligations and restrictions
You agree that any information you may give to UserCentrics/HUGit as the user of the Services or Software are accurate and up to date. You warrant that you are 13 years of age or older when using the service or registering a UserCentrics/HUGit account. UserCentrics/HUGit does not knowingly collect or save information of anyone under the age of 13. You agree to use the Services and Software only to lawful purposes and you shall at all times comply with all applicable laws and regulations governing the use of the Services and Software. You will explicitly agree not to abuse the rating system.
You shall not distribute, sell, rent, lease or by any commercial means use the Services or otherwise transfer for value the Services or the Content. You agree not to challenge UserCentrics/HUGit’s rights in or otherwise attempt to assert any rights in the Services, except those provided under the Terms. You agree not to use the Services except as expressly permitted under these Terms.
The Services or the Content may not be used in any way, which is harmful or otherwise offensive for UserCentrics/HUGit, other users of the Services, or third parties. UserCentrics/HUGit reserves the right to deny any access to anyone to UserCentrics/HUGit at any time and for any reason, including, but not limited to, for violation of this agreement.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW UserCentrics/HUGit MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESSED OR IMPLIED WITH RESPECT TO THE SERVICES OR THE SOFTWARE, THEIR QUALITY, PERFORMANCE, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. AS A RESULT, THE SERVICES AND SOFTWARE ARE PROVIDED “AS IS” AND YOU ARE ASSUMING THE ENTIRE RISK AS TO THEIR QUALITY AND PERFORMANCE.
You understand and acknowledge that UserCentrics/HUGit will not be liable for network-related problems attributable to the operation of the Services or Software and that network configuration changes may affect the Service’s and Software’s performance.
Limitation of liability
YOU EXPRESSLY AGREE THAT THE UserCentrics/HUGit SHALL IN NO EVENT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS AND GOODWILL, ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICES, THE SOFTWARE OR THE CONTENT, even if advised of the possibility of such damages. In particular, and without limitation, UserCentrics/HUGit shall have no liability for any information stored or processed with the Services or Software, including the costs of recovering such information. Your only right or remedy with respect to any problems or dissatisfaction with the Services or Software, is to uninstall the Software and cease use of the Services.
UserCentrics/HUGit SHALL NOT BE LIABLE FOR THE VALIDITY AND CORRECTNESS OF THE CONTENT PROVIDED THROUGH AND IN CONNECTION WITH USE OF THE SERVICES OR SOFTWARE. ANY USE OF THE ADVICE, RATINGS OR INFORMATION OBTAINED THROUGH THE USE OF THE SERVICES AND SOFTWARE SHALL BE DONE AT YOUR OWN DISCRETION.
UserCentrics/HUGit shall have no obligation to provide support or maintenance for the Services or Software under this agreement. However, UserCentrics/HUGit may, at its sole discretion, provide limited technical support, upgrades and updates for the Services or Software.
Your right to use the Services continues until this agreement is terminated. UserCentrics/HUGit may terminate this agreement and your use of the Services at any time, without cause and without notice. You may terminate this agreement at any time by uninstalling the Software and ceasing the use of the Services. This agreement will automatically terminate if you fail to comply with the Terms. Upon any termination, you agree to stop using the Service. You will not be refunded any part of Services, Software or license fees, if any.
Provisions of sections No warranty, Limitation of liability, and Termination shall survive any termination of this agreement.
If any of the terms, or portions thereof, of these Terms are invalid or unenforceable under any applicable statute or rule of law, the court shall reform the Terms to include an enforceable term as close to the intent of the original term as possible; all other terms shall remain unchanged.
The waiver or failure of UserCentrics/HUGit to exercise in any respect any right provided for in the Terms shall not be deemed a waiver of any further or future right under the Terms.
UserCentrics/HUGit may freely assign and transfer this agreement to any third party.
Governing law and dispute resolution
These Terms shall be governed by and shall be construed in accordance with the laws of Germany excluding its choice of law rules. All disputes relating to these Terms shall be settled at Bayern, Germany having the sole jurisdiction.