Terms and conditions of use agreement
MIRKO Company (the “Company”) welcomes you to its website (the “Website”)! The terms and conditions of use agreement (the “Agreement”) governs your use of this Website; by accessing, browsing and/or using this Website, you acknowledge that you have read, understood and agree to be bound by the Agreement in full and to comply with all applicable laws and regulations. If you disagree with the Agreement or any of its parts, you must not use this Website.
You must be at least 18 years of age to use this Website. By using this Website and by agreeing to the Agreement you warrant and represent that you are at least 18 years of age.
INTELLECTUAL PROPERTY RIGHTS
The Company owns intellectual property rights to the Website and all material appearing on it, including but not limited to, trademarks, text, graphics, photographs, images, logos, software, music, audio and videos. You are hereby granted permission to access the content of the Website only for your personal non-commercial use.
Use of the trademarks, logos, designs and product names shown on this Website are indisputable right of the Company and the usage of them without the Company’s written permission is prohibited. The Company’s trademarks may not be used in connection with any product or service that is not the Company’s, in any manner that is likely to cause confusion, deception or mistake among customers or any manner that denigrates or discredits the Company.
You must therefore obtain first the written authorization of the Company before using any of the trademarks, logos, designs and product names appearing on this Website.
Unless otherwise stated in this Agreement, you must not (whether directly or indirectly):
Copy, download, store, make available, distribute, sell or offer to sell any part of the content of this Website.
Change, edit or delete the content of this Website, create mirrors on servers not controlled by the Company.
Republish or redistribute material from this Website without the written permission of the copyright holder. If you have the authorization of the copyright holder you must display the copyright notice indicated by the Company. The reproduction, distribution, publication, deletion, modification of material from this Website without the prior written authorization of the copyright holder constitutes copyright infringement and therefore prohibited by worldwide copyright laws, treaty provisions and international conventions.
ACCEPTABLE USE POLICY
You must not use this Website or the content on it for any purpose or in any way which can cause damage to the Website’s content or to its availability and/or accessibility.
You are not allowed to use the Website in a way that can be technically harmful (including without limitation, copying, sending, using, publishing or transmitting any material which contains computer viruses, Trojan horses, worms, spyware or other malicious computer software).
You must not use this Website in any way that is unlawful, illegal, fraudulent including, without limitation, for any purpose or any way which is obscene, discriminatory, racist, sexist, scandalous, and libelous or in breach of confidentiality or of someone’s privacy.
The Company shall be entitled to cooperate with the state and / or federal authorities and you shall be liable and you will fully indemnify the Company for any losses, damages, expenses, third parties claims, legal expenses which are caused directly or indirectly by your use or by your linking to this website in breach of the present Agreement.
The Website may contain links to third party websites, which are provided solely as courtesy and convenience. The Company does not own or control and is not responsible in any way for the content, goods, services or material made available through these third party websites or for their availability. The presence of these links on our Website does not imply in any way that the Company endorses these third party websites or their content. By accessing these links, you use the third party websites entirely at your own risk.
If you intend to link another website to our website you may do so only if you previously obtained the written permission of the Company.
The Company reserves the right at any time to rescind any permission granted to link to the Website and also to remove any link from the Website at any time and without prior notice.
DISCLAIMER of warranties
The Website and its content is provided as is, as available and with all faults and your use of the Website is at your sole risk unless otherwise explicitly stated.
The Company makes no representations or warranties of any kind, express or implied, as to the operation of the Website or the information, content, material, products (including software) or other services included on or otherwise made available to you through the Website. The Company reserves the right to withdraw any service or delete any information from the Website at any time in its discretion.
The Company makes no warranties or representations about the accuracy, appropriateness, reliability, timeliness or usefulness of the content of this Website or linked to this Website.
The Company does not warrant or represent that this Website’s content, services, information, materials, products (including software) or other services included or otherwise made available to you through the Website are free of viruses or any other technically harmful content. You must take your own precautions in this respect as the Company accepts no responsibility for any infection by virus or other contamination.
Although the Company will constantly try to offer you the best quality and uninterrupted access to the Website, the Company does not guarantee it. The Company accepts no responsibility or liability for any interruption or delay.
The Company will not be liable for any damages of any kind arising from the use of any content of the Website.
LIMITATION OF LIABILITY
YOU ACKNOWLEDGE AND ACCEPT THAT IN NO EVENT WILL THE COMPANY, ITS SHAREHOLDERS, DIRECTORS, EMPLOYEES, AGENTS OR OTHER REPRESENTATIVES, DATA PROVIDERS OR AFFILIATES BE LIABLE TO YOU OR TO ANY THIRD PARTY REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE FOR ANY DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, DAMAGES FOR BUSINESS INTERRUPTION, LOSS OF BUSINESS AND OTHER PROFITS, LOSS OF PROGRAMS, COST OF REPLACING EQUIPMENT OR SOFTWARE OR LOSS OF RECORDS, INFORMATION OR DATA, EXPENSES) ARISING OUT OF THE USE, AVAILABILITY OR INABILITY TO USE THE WEBSITE, THE MATERIALS OR ANY OTHER CONTENT THEREIN. ALSO IN NO EVENT WILL THE COMPANY BE LIABLE FOR ANY CLAIM ARISING FROM OR CONNECTED IN ANY WAY TO ERRORS, OMISSIONS OR OTHER INACCURACIES IN THE WEBSITE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY OF CERTAIN DAMAGES, IN SUCH STATES OR JURISDICTIONS THE COMPANY’S LIABILITY SHALL BE LIMITED TO THE MINIMUM EXTENT PERMITTED BY LAW.
You agree to indemnify and hold harmless each of the Company, its subsidiaries, affiliates, shareholders, directors, officers and employees from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the site in violation of this Agreement by you, or infringement by you of any intellectual property or other right of any person or entity.
NO CLIENT RELATIONSHIP
No client, advisory, fiduciary or professional relationship with the Company or any other person is implicated or established by accessing this web site.
GOVERNING LAW AND JURISDICTION
The Agreement and/or use of the Website shall be governed by and construed in accordance with German Law and the Courts of Stuttgart, Germany shall have exclusive jurisdiction over any dispute which may arise.