Terms and Conditions
1. Definitions
1.1 tricos media defines tricos media, Owner: Sascha Kimmel, Schmalhorststrasse 28, 45899 Gelsenkirchen, Germany
1.2 "Website" means all content available on this website.
1.2 "Visitor" defines a person that visits the website, browses or views its content and may opt in to the site.
1.3 "User" defines a registered visitor that has signed up by using the signup/access form on the website and has confirmed his signup.
1.4 "Content" describes all content on the website. This includes text, images, photos and all other data provided by tricos media either directly or indirectly, i.e. through its users.
1.5 "Profile" defines the given set of data accumulated under and referenced by the nickname the user chose upon registration if this feature is available on the website.
2. USAGE OF DATA
tricos media allows both visitors and users only to use the content provided for private use. No content may be published on another website, newsgroup or any other medium without the express prior written permission from tricos media.
This excludes any content which is expressly described as being available "for free", as a "free download" or content the user has purchased a license for on this website.
3. CONTENT PROVIDED BY USERS
On some websites a user can create and upload content. It is the sole responsibility of the user to only submit content that does not violate the following rules:
a) Content the user is not authorized to publish
b) Explicit content: It is strictly forbidden to upload any adult-oriented content
tricos media does not claim ownership of the content uploaded by users. By submitting content to tricos media you grant tricos media the world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the content solely for the purpose of displaying, distributing and promoting your profile and/or content on our internet properties. You acknowledge that tricos media and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the service. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
4. COMMUNICATIONS
Every visitor has to abide by the following regulations:
- You may not upload, post or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable
- Refrain from using this website for commercial or advertising purposes.
- You may not use the service to harm minors in any way
- You may not impersonate any person or entity, including, but not limited to, a tricos media official or falsely state or otherwise misrepresent your affiliation with a person or entity
- You may not upload, post or otherwise transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements)
- You may not upload, post or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party
- You may not upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas of the Service that are designated for such purpose
- You may not interfere with or disrupt the Service or servers or networks connected to the Service
- You may not intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, German law, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law
- You may not "stalk" or otherwise harass other users or visitors
5. PRIVACY POLICY
tricos media collects personal information when you register and when you use any of our websites. When you register we ask for information such as your name, email address, birth date, gender and country. For some commercial products and services we may also ask for your address and further information required by law. tricos media automatically receives and records information in our server logs from your browser, including your IP address and the page you request. We use this information for the following general purposes: to customize the advertising and content you see, fulfill your requests for products and services, improve our services, contact you, conduct research, and provide anonymous reporting for internal usage only. tricos media may set and access tricos media cookies on your computer.
You can edit your account information at any time.
tricos media will never transfer any personal data (this includes the e-mail address) regarding a user account or any visitor to any third party.
6. INDEMNITY
You agree to indemnify and hold tricos media and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your content, your use of the service, your connection to the service, your violation of the TOS, or your violation of any rights of another.
7. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (a) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TRICOS MEDIA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
(b) TRICOS MEDIA MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
(c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
(d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TRICOS MEDIA OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
8.DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT TRICOS MEDIA SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF TRICOS MEDIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
9. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 7 AND 8 MAY NOT APPLY TO YOU.