Terms of Service
Terms of Service
VOSS INTERACTIVE SERVICES GmbH & Co. KG ("VOSS IS") ist the owner and operator of the website www.cable-addicts.com („VOSS IS/Cable-Addicts Store“) and the embedded Online Shopping system („Cable-Addicts Store“).
THIS IS A LEGAL AGREEMENT BETWEEN YOU AND VOSS INTERACTIVE SERVICES GmbH & Co. KG ("VOSS IS") STATING THE TERMS THAT GOVERN YOUR USE OF THE CABLE-ADDICTS STORE. THIS AGREEMENT - TOGETHER WITH ALL UPDATES, ADDITIONAL TERMS, SOFTWARE LICENSES, AND ALL OF VOSS IS’s/CABLE_ADDICTS’s RULES AND POLICIES - COLLECTIVELY CONSTITUTE THE "AGREEMENT" BETWEEN YOU AND VOSS IS. TO AGREE TO THESE TERMS, CLICK "AGREE." IF YOU DO NOT AGREE TO THESE TERMS, DO NOT CLICK "AGREE," AND DO NOT USE THE SERVICE. YOU MUST ACCEPT AND ABIDE BY THESE TERMS AS PRESENTED TO YOU: CHANGES, ADDITIONS, OR DELETIONS ARE NOT ACCEPTABLE, AND VOSS IS MAY REFUSE ACCESS TO THE CABLE-ADDICTS STORE FOR NONCOMPLIANCE WITH ANY PART OF THIS AGREEMENT.
1. Definition of the Cable-Addicts Store Service. VOSS IS is the provider of the Cable-Addicts Store (the "Service") that permits you to purchase digital content, such as videos.
2. Age requirements for use of the Service. This Service is available for individuals aged 13 years or older. If you are 13 or older but under the age of 18, you should review these terms and conditions with your parent or guardian to make sure that you and your parent or guardian understand these terms and conditions.
3. Objectionable Material. You understand that by using the Service, you may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language. Nevertheless, you agree to use the Service at your sole risk and that VOSS IS shall have no liability to you for content that may be found to be offensive, indecent, or objectionable. Content types and descriptions are provided for convenience, and you acknowledge and agree that VOSS IS does not guarantee their accuracy.
4. IMPORTANT SAFETY INFORMATION. A very small percentage of people may experience seizures or blackouts when exposed to flashing lights or patterns, including while watching videos. Symptoms may include dizziness, nausea, involuntary movements, loss of awareness, altered vision, tingling, numbness, or other discomforts, Consult a doctor before watching videos if you have ever suffered these or other symptoms linked to seizures and/or epilepsy, and stop watching immediately and see a doctor if these or similar symptoms occur during game play. Parents should monitor their children’s watching videos for signs of symptoms.
4. System Requirements. Use of the Service requires one or more compatible devices, Internet access (fees may apply), and certain software (fees may apply), and may require obtaining updates or upgrades from time to time. Because use of the Service involves hardware, software, and Internet access, your ability to use the Service may be affected by the performance of these factors. High speed Internet access is strongly recommended. You acknowledge and agree that such system requirements, which may be changed from time to time, are your responsibility. The Service is not part of any other product or offering, and no purchase or obtaining of any other product shall be construed to represent or guarantee you access to the Service.
5. Policies and Rules. Your use of the Service and transactions made through it are subject to VOSS IS's Terms of Sale at www.cable-addicts.com/en/terms-of-sale.html , which can be readily viewed on the Service, and any end-user agreements or other terms and conditions required for use of the Service, all of which are hereby made a part of this Agreement. If you have not already read VOSS IS's Terms of Sale, you should do so now.
7. Your Information. You agree to provide accurate, current, and complete information required to register with the Service and at other points as may be required in the course of using the Service ("Profile Data"). You further agree to maintain and update your Registration Data as required to keep it accurate, current, and complete. VOSS IS may terminate your rights to any or all of the Service if any information you provide is false, inaccurate or incomplete. You agree that VOSS IS may store and use the Profile Data you provide (including PayPal account information) for use in maintaining your accounts and billing fees to your PayPal account.
8. User Account and Security.
a. Account and Password. As a registered user of the Service, you may receive or establish an account ("Account"). You are solely responsible for maintaining the confidentiality and security of your Account. You should not reveal your Account information to anyone else or use anyone else's Account. You are entirely responsible for all activities that occur on or through your Account, and you agree to immediately notify VOSS IS of any unauthorized use of your Account or any other breach of security. VOSS IS shall not be responsible for any losses arising out of the unauthorized use of your Account.
b. Security. You will not access the Service by any means other than through the website that is provided by VOSS IS for accessing the Service. You shall not access or attempt to access an Account that you are not authorized to access. You agree not to modify the website in any manner or form, or to use modified versions of the website, for any purposes including obtaining unauthorized access to the Service. Violations of system or network security may result in civil or criminal liability.
9. Purchase of VOSS IS/cable-addicts Content
a. Products Requirements. You acknowledge that use of Products may require the use of other hardware and software products (e.g., the ability to make copies of Products on physical media and render performance of Products on authorized digital player devices), and that such hardware and software is your responsibility. Products may only be downloaded once; after being downloaded, they cannot be replaced if lost for any reason. Once a Product is purchased and you receive the Product, it is your responsibility not to lose, destroy, or damage the Product, and VOSS IS shall be without liability to you in the event of any loss, destruction, or damage.
b. Use of Products. You acknowledge that Products may contain security technology that limits your usage of Products to the following applicable Usage Rules, and, whether or not Products are limited by security technology, you agree to use Products in compliance with the applicable Usage Rules.
(i) Your use of the Products is conditioned upon your prior acceptance of the terms of this Agreement.
(ii) You shall be authorized to use the Products only for personal, noncommercial use.
(iii) You shall be authorized to use the Products on your personal devices at any time.
(iv) You shall be entitled to export, burn or copy Products solely for personal, noncommercial use.
(v) The delivery of Products does not transfer to you any commercial or promotional use rights in the Products.
(xii) You may copy, store and burn Cable-Addicts Products as reasonably necessary for personal, noncommercial use.
(xiii) Usage rules for software Products are governed by the terms of any end-user agreements or other terms and conditions required for use of such Products.
c. You agree that your purchase of Products constitutes your acceptance of and agreement to use such Products solely in accordance with the Usage Rules, and that any other use of the Products may constitute a copyright infringement. The Usage Rules shall govern your rights with respect to the Products, in addition to any other terms or rules that may have been established between you and another party.
d. The Service may offer interactive features that allow you to, among other things, submit or post information, materials or links to third party content on areas of the Service accessible and viewable by other users of the Service and the public. You represent and agree that any use by you of such features, including any information, materials or links submitted or posted by you, shall be your sole responsibility, shall not infringe or violate the rights of any other party or violate any laws, contribute to or encourage infringing or otherwise unlawful conduct, or otherwise be obscene, objectionable or in poor taste, and that you have obtained all necessary rights, licenses or clearances. You further agree to provide accurate and complete information in connection with your submission or posting of any information or materials on the Service. Moreover, you hereby grant VOSS IS a worldwide, royalty-free, non-exclusive license to use such materials as part of the Service, and in relation to Products, without any compensation or obligation to you.
VOSS IS reserves the right not to post or publish any materials, and to delete, remove or edit any material, at any time in its sole discretion without notice or liability.
VOSS IS has the right, but not the obligation, to monitor any information and materials submitted or posted by you or otherwise available on the Service, to investigate any reported or apparent violation of this Agreement, and to take any action that VOSS IS in its sole discretion deems appropriate.
10. Agreement to Pay.
a. Payment for Products. You agree to pay for all Products you purchase through the Service, and that VOSS IS may charge your PayPal account for any Products purchased, and for any additional amounts (including any taxes and late fees, as applicable) as may be accrued by or in connection with your Account. YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL FEES AND FOR PROVIDING VOSS IS WITH A VALID PAYPAL ACCOUNT DETAILS FOR PAYMENT OF ALL FEES. All fees will be billed to your PayPal account.
b. Right to Change Prices and Availability of Products. Prices and availability of any Products are subject to change at any time.
c. Electronic Signatures and Contracts. Your use of the Service includes the ability to enter into agreements and/or to make transactions electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND TRANSACTIONS. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON THIS SITE, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS.
d. In order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility.
12. Delivery of Products.
Technical Problems. On occasion, technical problems may delay or prevent delivery of your Product. Your exclusive and sole remedy with respect to Product that is not delivered within a reasonable period will be replacement of such Product.
13. Intellectual Property.
a. Acknowledgement of Ownership. You agree that the Service, including but not limited to Products, graphics, audio clips, and editorial content, contains proprietary information and material that is owned by VOSS IS and/or its licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright, and that you will not use such proprietary information or materials in any way whatsoever except for use of the Service in compliance with the terms of this Agreement. No portion of the Service may be reproduced in any form or by any means, except as expressly permitted hereunder. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Service, in any manner, and you shall not exploit the Service in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity.
b. Removal of VOSS IS Content or Other Materials. Notwithstanding any other provision of this Agreement, VOSS IS reserve the right to change, suspend, remove, or disable access to any Products, content, or other materials comprising a part of the Service at any time without notice. In no event will VOSS IS be liable for the removal of or disabling of access to any such Products, content or materials under this Agreement. VOSS IS may also impose limits on the use of or access to certain features or portions of the Service, in any case and without notice or liability.
c. Copyrights. All copyrights in and to the Service and website are owned by VOSS IS, who reserve all their rights in law and equity. THE USE OF THE WEBSITE OR ANY PART OF THE SERVICE, EXCEPT FOR USE OF THE SERVICE AS PERMITTED IN THESE TERMS OF SERVICE, IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT INFRINGEMENT.
a. Termination by VOSS IS. If you fail, or VOSS IS suspects that you have failed, to comply with any of the provisions of this Agreement, including but not limited to failure to make payment of fees due, failure to provide VOSS IS with a valid credit card or with accurate and complete Profile Data, failure to safeguard your Account information, violation of the Usage Rules or any license to the software, or infringement or other violation of third parties' rights, VOSS IS, at its sole discretion, without notice to you may: (i) terminate this Agreement and/or your Account, and you will remain liable for all amounts due under your Account up to and including the date of termination; and/or (ii) preclude access to the Service (or any part thereof).
b. Termination of the Service. VOSS IS reserves the right to modify, suspend, or discontinue the Service (or any part or content thereof) at any time with or without notice to you, and VOSS IS will not be liable to you or to any third party should it exercise such rights.
14. Enforcement of These Terms. VOSS IS reserves the right to takes steps VOSS IS believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement.
15. No Responsibility for Third-Party Materials or Websites. Certain content, Products, and services available via the Service may include materials from third parties. In addition, VOSS IS may provide links to certain third party Web sites. You acknowledge and agree that VOSS IS is not responsible for examining or evaluating the content or accuracy of any such third-party material or Web sites. VOSS IS does not warrant or endorse and does not assume and will not have any liability or responsibility for any third-party materials or Web sites, or for any other materials, products, or services of third parties. Links to other Web sites are provided solely as a convenience to you. You agree that you will not use any third-party materials in a manner that would infringe or violate the rights of any other party, and that VOSS IS is not in any way responsible for any such use by you.
16. Disclaimer of Warranties; Liability Limitations.
a. VOSS IS DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME VOSS IS MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE AT ANY TIME, WITHOUT NOTICE TO YOU.
b. YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THE SERVICE ARE (EXCEPT AS EXPRESSLY STATED BY VOSS IS) PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU.
c. IN NO CASE SHALL VOSS IS, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF ANY OF THE SERVICES OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, VOSS IS'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
d. VOSS IS SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE SERVICES, BUT YOU ACKNOWLEDGE AND AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND VOSS IS HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.
e. VOSS IS DOES NOT REPRESENT OR GUARANTEE THAT THE SERVICE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND VOSS IS DISCLAIMS ANY LIABILITY RELATING THERETO. YOU SHALL BE RESPONSIBLE FOR BACKING UP YOUR OWN SYSTEM, INCLUDING ANY PRODUCTS PURCHASED OR RENTED FROM THE CABLE-ADDICTS STORE THAT ARE STORED IN YOUR SYSTEM.
17. Notices. VOSS IS may send you notice with respect to the Service by sending an email message to the email address listed in your cable-addicts Profile contact information, by sending a letter via postal mail to the contact address listed in your cable-addicts Profile contact information, or by a posting on the Cable-Addicts website. Notices shall become effective immediately.
18. Governing Law. The laws of <st1:country-region w:st="on"><st1:place w:st="on">Germany</st1:place></st1:country-region> govern these Terms of Service and your use of the Service.
19. Miscellaneous. These Terms of Service constitute the entire agreement between you and VOSS IS/Cable-Addicts Store and govern your use of the Service, superseding any prior agreements between you and VOSS IS/Cable-Addicts Store. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software. If any part of these Terms of Service is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. VOSS IS's failure to enforce any right or provisions in these Terms of Service will not constitute a waiver of such provision, or any other provision of these Terms of Service. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the other provisions will remain in full force and effect. VOSS IS will not be responsible for failures to fulfill any obligations due to causes beyond its control.
Last updated July 21, 2008
2008 VOSS INTERACTIVE SERVICES GmbH & Co. KG. All rights reserved.