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Foxxum General User Conditions for Internet Compatible Terminals Your internet
connected device [referred to as "Device" below] uses an internet service
function [referred to as "Portal" below]. This enables you to access services,
content, software and products of third parties through the internet. In
addition you receive access to open internet content. A. General User Conditions
1. Your relationship to Foxxum 1.1 Your contact partner for using the portal and
all products which you can access via the portal or third parties like for
instance services, software and service features ["Service Feature" below] is
Foxxum GmbH, Wall 55, 24103 Kiel, Germany (referred to as "Foxxum"). For using
the service feature applies as conditions of a legally binding the contract
between you and Foxxum. The previously mentioned contract consists of the
following components (jointly referred to as "General User Conditions"): (A)
General User Conditions (B) Service Features (C) Foxxum Data Protection
Guidelines (D) Foxxum Copyright Protection Laws (E) Contact Foxxum 1.2 The
general user conditions only apply to the service features and the open internet
which are specified in this document. These are only made available to you by
Foxxum or third parties via the portal. The general user conditions supplement
the conditions and non-liability clauses which were delivered to you on
purchasing your equipment and do not influence the validity of these. According
to this these conditions and liability clauses are fully effective. 1.3 The
general user conditions of Foxxum encompass the use of the portal, access to the
service feature, access to open internet content and represent a legally binding
agreement between you and Foxxum. All service content accessible through the
portal are made available to you by Foxxum or third parties. Please carefully
read the general user conditions of the portal. A printable version of the
general user conditions is found at www.foxxum.com/imprint 2. Agreement to the
general user conditions 2.1 The use of the portal presupposes the acceptance of
the general user conditions. At the same time you must be 18 years of age unless
you are acting on the prior understanding of your legal representative. In case
you do not agree with the general user conditions - even only partly - access to
the portal functions and service features cannot be guaranteed. 2.2 Through
using the portal you accept that the current general user conditions are legally
applicable to you. In addition you acknowledge and accept that your using of
this is treated as acceptance of the general user conditions by Foxxum. 3.
Changes to the device Service features can be called up via your device by means
of the portal. Access to these service features can be exclusively guaranteed if
the device is not manipulated in anyway. You agree to not manipulating the
device or not attempting to do so. You agree not to evade technical measures for
controlling access to particular content or rights to such content or attempting
to do so. You agree not to evade copying protection systems or attempting to do
so. You agree not to encrypt cryptographic cipher keys or attempting to do so.
You will also not render void security features implemented in the device or
attempt to do so. You agree not using the device for unauthorised purposes or
illegally or contrary to regulations. 4. Use of the portal and service functions
The use of the portal and the service functions presupposes a functioning
internet connection. The portal is provided by Foxxum dependent on the
availability and without warranty. The provision of access to open internet
content or the portal can be limited or set by Foxxum at anytime and without
advance notice and at its own discretion. 5. Disclaimer with respect to the
service features Service features which are called up via the portal do not
underlie the control of Foxxum. Your device enables you to access these service
features and the receipt of these via the internet. Foxxum has no editorial
influence over all the service features prepared by other parties and received
on your device through the portal and therefore accepts no liability for the
service features, content of these or the nature of these or their preparation.
Foxxum cannot accept a guarantee for the complete or timely preparation of the
service features, as well as correctness, accuracy, reliability of the contents.
You take notice of and agree to use the service features at your own personal
risk. 6. Rights of service feature owners Service features can be protected by
copyright or through other intellectual or other property rights. Under certain
circumstances the obtaining of a licence or other authorisation is necessary at
own expense and own risk in order to use particular service features. You
understand that you are responsible for obtaining the required licences or
authorisations. You understand you carry the sole liability for damages which
come about through failure to obtain the corresponding licences or
authorisations. You agree that Foxxum is not liable for the use of content by
you. 7. Access limitations Access to the portal of the service features cannot
be guaranteed by Foxxum. In addition Foxxum accepts no guarantee for permanent
access to a particular service feature. Foxxum is entitled to adjust or include
service features at anytime. 8. Changes to the portal, service features and/or
the general user conditions 8.1 Foxxum is authorised to change portal functions
or the portal - for instance through enhancement or removal of features or
service features- at its own discretion. Such changes can also include changes
of the current general user conditions. 8.2 Foxxum is authorised to undertake
changes of the general user conditions. In this case Foxxum makes the changed
general user conditions accessible via the website www.foxxum.com/imprint 8.3
You acknowledge and understand that Foxxum considers further use of the portal
as agreement to the current general user conditions after changing the general
user conditions. You agree to regularly monitor the user conditions with respect
to changes. 9. Registration 9.1 Access to the portal can require registration,
the setting up of a user account and/or fee. The registration can require the
preparation of personal data and selection of a unique and secret password. Your
personal data is handled in accordance with the data protection guidelines for
Foxxum. 9.2 Your personal data must be complete, correct and truthful. Foxxum
reserves the right to block user accounts provided these were issued in an
unreasonable way and/or infringe the applicable general user conditions. 10.
Software and intellectual property rights 10.1 Under certain circumstances you
will need additional software in order to use the portal or have access to
particular service features. Occasionally special software was delivered to you
on purchasing the equipment and you will receive additional software in future.
The software is for the most part integrated into the device and is not
accessible to you as user. The software installed is the property of third
parties. 10.2 When using the software you agree not to undertake any
disassembly, decompilation, retrogression or change to the software. In addition
you agree not to use the software for the development of derivatives and not to
award any sublicenses to the software, distribute the software or use for
unauthorised purposes or use illegally or contrary to regulations. 10.3 The
current general user conditions and all license agreements connected with this
apply to the use of software of Foxxum. The respective licence agreements apply
to the use of the software by third parties. 10.4 The property rights for the
software are not overlooked by you during use of the software. Foxxum reserves
all rights to the software and other intellectual property such as copyright,
patent rights and rights to commercial brands and brand names. 11. Exclusion of
liability 11.1 Foxxum accepts no liability in case the portal or a service
feature does not correspond with the requirements of the user or that the use of
the portal can take place at the desired time without limitations or
interruptions. 11.2 Foxxum accepts no liability for information, content
accessible via the portal and internet and use of this and its reliability. Your
special guarantees were handed over on purchasing your device. The validity of
these guarantees including the liability exclusions connected with this,
continue to exist. 12. Liability limitation Foxxum does not pay any damages for
incidental, indirect and atypical damages. In addition consequential damages
(this implies lost profits or lost savings) or punitive damages or damages in
the case of data loss or business disruptions which arise from the use of the
device, portal or service feature or are connected with these, are not accepted
regardless of whether these damages are based on a civil offence, a guarantee, a
contract or other legal theory - even if the possibility of such damages was
pointed out to Foxxum or is conscious of such a possibility. At the most the
joint liability of Foxxum for damages (regardless of the causes) totals to the
amount paid by you for the device. The previously mentioned exclusion criteria
do not apply in the case of gross negligence, with deliberate acts or injuries
to life, body or health. 13. General Provisions 13.1 You agree in case Foxxum
does not exercise or implement the rights or legal means [or rights or legal
means which are due to Foxxum in accordance with the applicable law] contained
in the general user conditions, this does not qualify as formal renouncement of
these rights by Foxxum and the applicable rights or legal means are still at the
disposal of Foxxum . 13.2 The general user conditions are the basis for the
entire legally binding agreement between you and Foxxum. They are applied in the
use of devices, the portal and access to service features of third parties by
you. 13.3 In case a provision of these general user conditions is found to be
legally ineffective by a court, the corresponding provision is deleted from the
general user conditions. For this reason the remaining general user conditions
are not affected. The remaining general user conditions continue to remain in
force and enforceable.. 13.4 The laws of the legal system under which the device
was purchased apply to your relationship with Foxxum within the scope of the
general user conditions. You agree with the non exclusive responsibility of the
law of the applicable country. You agree that Foxxum is also entitled to request
provisional ordinances [or other equally urgent legal protection] within the
scope of a legal system. The agreement of the United Nations about the
international sale of goods does not apply to the current general user
conditions. The use of the CISG is hereby categorically ruled out. 13.5 You
agree that Foxxum sends messages to you via the portal about changes to the
general user conditions etc. B. Service features 1. Definitions 1.1 Service
features are audio visual elements and ideas which are offered by Foxxum or
third parties. Amongst other things these contain data, material films, videos,
photographs, software, games. Designs, artworks, pictures, music, sounds,
information and other material including derivative, existing or future works,
in all media and all formats. 1.2 Service features mean a whole range of
services and functions offered by Foxxum or third parties which are typically
accessible via the internet. Amongst other things these include the availability
of music, film, video, news transmissions, blogs, chat services, use of social
networks, information, procurement, provision, sale, purchase, hiring and advice
about your device. 2. Use The use of all service features contained in the
portal is exclusively limited to personal, non commercial use. Other uses are
prohibited. 3. Registration 3.1 Access to the service features can require
registration, the setting up of a user account and/or fee. The registration can
require the preparation of personal data and selection of a unique and secret
password. Your personal data is handled in accordance with the data protection
guidelines of the service provider. 3.2 The registration and setting up of a
user account as well as the level of fees with a service feature of third
parties subject to costs underlie the guidelines and the general user conditions
of the content of respective third parties. 4. Contacting Foxxum Through use of
the portal and recognition of the applicable general user conditions the user
agrees that this use is bound with advertising and contacts through messages
from Foxxum or third parties or current announcements, administrative
notifications, newsletters and other materials if necessary. The advertising and
contacting is a part of the portal service, a registration is not provided.
Particular services or content are possibly not suited to minors or other users.
C. Foxxum Data protection guidelines Foxxum places great emphasis on the
protection of your personal data which you pass onto Foxxum. Occasionally Foxxum
will use "cookies" to capture and store some of your personal data to improve
the portal. "Cookies" enable Foxxum to recognise your device when used next
without bothering you with a registration request. Possibly Foxxum will
collaborate with other companies who also use cookies. When you use the portal,
the service features and / or the open internet the "cookie" captures and stores
different "user information" about you in particular, the Internet Protocol [IP]
Address of the device, MAC address of the device, date and time of the portal
use, the names of the service providers you have accessed via the portal and the
internet addresses of websites which you have accessed via the open internet
through links on the portal. Foxxum again deletes the collected and stored data
after a certain time. Foxxum very much recommends you read the Foxxum data
protection guidelines in order to learn more about the use of your personal data
gathered by Foxxum from cookies sent to your device. These guidelines are found
under: http://www.foxxum.com/imprint D. Foxxum Copyright Protection Guidelines
As owner of copyrights or as representative of the copyright owner you can send
Foxxum a message containing the following points should you be of the opinion
that the portal or the service features accessible or linked through this
infringe your copyright: - Details of the copyright protected works, which is
the object of the alleged legal infringement or a representative list of these
works on a page when several copyright protected works are gathered on a single
online page in a single message, - Details about the materials which allegedly
infringe the law or are the object of a legal infringing negotiation and which
should be removed or access to which should be denied as well as sufficient
information which enable the service provider to localise these materials, -
Ensure sufficient information for corresponding contact details. - An
explanation that you have reason to assume the use of materials in the manner
criticised is not authorised by the owner of the copyright, his representative
or is authorised by law. Notifications about alleged infringements are to be
sent to: Foxxum GmbH, Wall 55, 24103 Kiel, Germany, E-Mail: info@foxxum.com,
Fax: +49 431 260 410 599. You confirm that your notification about non adherence
of the previously specified requirements is not legally effective and can be
withdrawn without further notification. If a copyright infringement in
accordance with the prespecified guidelines is submitted incorrectly this can
lead to prosecution. E. Contact Foxxum Foxxum Portal is provided for you by:
Foxxum GmbH Wall 55 24103 Kiel Germany Handelsregistereintragung: HRB13103 KI
USt.-ID: DE278364654

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