BY HAVING PERMITTED ACCESS AND BY USE OF THIS SITE YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. PLEASE, DON'T PUBLISH AND DON'T USE ANY INFORMATION CONTAINED IN ANY FORM ON THIS SITE, IF YOU DO NOT AGREE WITH THE WEB SITE AGREEMENT OF www.bitcontrol.com AND THE TERMS AND CONDITIONS OF BitCtrl Systems GmbH.
§1 User information
For access to the web page with a user account (forum, online shop) and for other user-related services on this site, it is required that you specify BitCtrl certain information about yourself, such as Name, company (if applicable), email address, login name, and more. BitCtrl will treat that information in accordance with BitCtrl Privacy Statement, refer to http://www.bitcontrol.com/de/datenschutz.html.
The user alone is responsible to ensure the confidentiality of his account information to the site on his access device (PC, notebook, etc.) and of his respective access connection, including the password and any activities that are made within the forum, online shop and other parts of the site. The user agrees to inform BitCtrl about any unauthorized use of his account or password or any other breach of security immediately. You as a user can liable for losses at BitCtrl or other users of the site due to the unauthorized use of your account by any third party.
At no time the user is allowed to use an access to an account of another user without his express permission and consent. You as a user will rid BitCtrl of third party claims that may arise as a result of your injuries of obligations, which you have agreed with these provisions.
§2 Publication of user content
BitCtrl allows you to publish content on this website, including your experiences, tips, recommendations, opinion, information, messages or other materials - referred to as "information of the user" means. Please note, that some areas on the website www.bitcontrol.com are public and not private. You may publish your content only in public areas, in which the publication is allowed. You may not publish content that violates these terms or the rights of other Third Party.
BitCtrl does not claim any property rights on the content which is published by the user. As a result of the publication of user-published content in public areas on the website you as user of www.bitcontrol.com are granting BitCtrl the perpetual, irrevocable, unrestricted right to use the "user information" across all media and in any manner, i.e. to use, copy, display, perform, distribute, adapt, create derivative works, to grant sub-licenses and to promote and, where appropriate, with reference to the name, likeness, biography, voice, video and photo of the user to publish it or to award a sublicense.
§3 Privacy statement
Definite measures were taken by BitCtrl for safety of the data in order to protect from loss, misuse or alteration in that area, where BitCtrl is responsible for the information access. These security measures are described in the BitCtrl Privacy Statement. Notwithstanding BitCtrl cannot guarantee that personal information transmitted by the user will not be intercepted by others and decrypted.
$4 Prohibited unlawful or prohibited use
While you use the site www.bitcontrol.com, you are not permitted to do any of the following acts:
- Hindrance or restriction of other users to access this website
- Publication of unlawful, fraudulent, libelous, defamatory, racist, sexist, obscene, pornographic material, or material with blasphemy, or hateful material, or instigation for abuse, or indecent or otherwise objectionable material of any kind
- Publish or transmit information, which are considered as criminal acts. Or promote such information, which cause to civil liability, or which represent an unauthorized exertion of a professional service, or which otherwise violate any local, state, federal or foreign law.
- Use of misleading names, domain names, trademarks, logos and insignia of BitCtrl in your own user or screen name, especially to pretend that you are acting in the name or on behalf of BitCtrl, especially with respect to that BitCtrl Systems® and bitcontrol® registered trademarks of BitCtrl Systems GmbH
- Unlawful impersonation as a third person, or falsely declaration that you have powers of representation of a third party
- Violation of the privacy of others persons, and violation of their personal rights or property rights
- Publication of advertising, solicitations, chain letters, pyramid or Ponzi schemes, investment opportunities or investments or otherwise unwanted commercial messages, unless this has been explicitly allowed by BitCtrl
- Involvement in spamming, phishing or other Internet attacks
- Use the website to generate Internet traffic to other websites
- Violation of any intellectual property rights or similar rights, including but not exclusively limited to copyrights, trademarks, patents of third parties
- Provision or display of information, software or other materials that are protected by copyright or other proprietary rights of third parties, in any form without permission of the originator or copyright holder
- Publishing and third party usage of elements of this Website itself or its derivative works without the prior written consent of BitCtrl
- Uploading and offering to download software, which contains viruses, trojans, worms, adware, spyware, crimeware, online graffiti tagger, dropper, rootkits, key loggers, bots, or other harmful components
§5 Links to third party sites or services
Links to websites of third party vendors are marked separately. BitCtrl is not capable of constantly evaluating the content on the linked sites and BitCtrl is not capable to take responsibility for it in real time to check for accuracy and compliance with law, because the linked sites are not under the control of BitCtrl. BitCtrl leaves it thus explicitly to the user on their own responsibility to make use of the contents of the linked pages and trust the offered products and services.BitCtrl does not represent the third party content. BitCtrl does not endorse the content. And it is not responsible for the content, i.e. additional without warranty too. The user is urged to inform BitCtrl immediately about misleading, false or illegal content and malicious software (viruses, trojans, etc.) of linked sites. Accessing linked sites is done by the user's own risk and on its own responsibility. You, as a user, have to do nothing, if you are not willing to accept that responsibility. The provision of links is a complaisance of BitCtrl and does not represent a recommendation in this sense. We cannot guarantee that these links will work all the time and we have no control over the availability of third-party websites.
§6 Changes to these terms and the website
BitCtrl reserves the right to modify parts of the present provisions of the agreement to update, add or remove at any time. Please check the terms and conditions on changes in regular intervals. With the continued use of the Site the following notice of changes will constitute your acceptance of such changes. Changes to the website itself do not lead to a change of terms of this agreement which was accepted by you earlier.
All content offered on the website www.bitcontrol.com has been carefully checked. Nevertheless BitCtrl GmbH cannot guarantee its accuracy. This applies both to the BitCtrl content but especially true to the inserted set "contents of the user." BitCtrl Systems GmbH is not liable for any damage that may result from the use of this information. Furthermore BitCtrl Systems GmbH reserves the right to change or to remove the content of these pages without prior notice, and BitCtrl is not liable for any damage resulting from such changes to the content. BitCtrl GmbH cannot guarantee that these sites are always available, and is not liable for damages resulting from non-availability of these sites.
Concerning offered services and products of BitCtrl the general terms and conditions of BitCtrl (AGB) and the license conditions of the respective products apply.
§8 Disclosure of information of use
§9 User contact
The user gives BitCtrl explicit permission to contact him by e-mail in order to send promptly information about changes to the use terms of the web page, as well about updates of the content on the web page.
The user account to the website can be terminated from both sides, i.e., by the user and by BitCtrl at its discretion and without previous notice. A claim for recovery of a given user's account to the website will not be granted.
If the user has terminated his account to the site, the login will be excluded along with the associated email address for further use. The data "information of the user", that was transmitted by the user prior to the termination of the account, still accessible in the public area of the site. The user can get access to his earlier account after its termination by serving written notice and given proof of identity of the user at BitCtrl for the following activities:
- Restoring access to the user account with the same username and the same e-mail address
- Anonymization of the information contained in the property of the user, unless otherwise be contrary to the statutory provisions (e.g., information on products purchased and the user licenses)
- Deletion of the information contained in the property of the user, unless otherwise contrary to the statutory provisions
§11 Governing Law
These terms and conditions for using this website by the user and all legal relations between the user and BitCtrl subject to the laws of the Federal Republic of Germany to the exclusion of the laws on the international sale of goods. Jurisdiction for all disputes arising from the terms and conditions of the User Agreement of the site www.bitcontrol.com is Leipzig, Germany. The contract language is German.
Notwithstanding any statutes or laws that say the opposite, claims and causes of action arising out of or in connection with use of the Site or with these Terms have are imposed within one year after the emergence of such claim or that barred.
BitCtrl Systems GmbH
Leipzig, Juni 2012