Terms of Service & Privacy Policy of 3W1 Effective 2012.01.22
§ 1. Your Acceptance of Terms Of Service
- § 1.1 By using and/or visiting this Website (collectively, including all contents and all functionality available through the 3W1.eu domain and subdomains, the "3W1 Website" or "Website") you signify your agreement to following terms and conditions (the "Terms Of Service").
- § 1.2 You should periodically review these Terms Of Service. 3W1 may, in its sole discretion, modify and/or revise these Terms Of Service at any time, and you agree to be bound by such modifications or revisions.
§ 2. 3W1 Website
- § 2.1 These Terms Of Service apply to all users of the 3W1 Website, including users who are also contributors of other materials on the Website.
- § 2.2 3W1 Website contains links to third party websites, that are not owned nor controlled by 3W1. 3W1 assumes no responsibility for the content or practices of any third party websites. In addition, 3W1 will not and can not censor nor edit the content of any third-party website. By using 3W1 Website, you expressly relieve 3W1 from any and all liability arising from your use of any third-party website.
§ 3. Permissions and restrictions
3W1 hereby grants you permission to use the Website as set forth in Terms Of Service, provided that:
- § 3.1 You agree not to alter or modify any part of the Website. You also agree not to distribute (in any medium) any part of the Website without 3W1's prior written authorization.
- § 3.2 You agree not to access 3W1 through any harmful software. Also, you agree not to use or launch any automated system, including "robots", "spiders" or "offline readers", that accesses the Website in a manner that sends more request messages to the 3W1 servers in a given period of time than a human can reasonably make in the same period of time by using a conventional web browser. Notwithstanding the foregoing, 3W1 grants the operators of search engines permission to use spiders to copy contents from the Website for the sole purpose of and solely to the extent necessary for creating publicly available, searchable indices of the materials. 3W1 reserves right to revoke these exceptions either generally or in specific cases.
- § 3.3 In your use of 3W1, you will comply with these Terms Of Service and all applicable local, national and international laws and regulations.
- § 3.4 3W1 reserves the right to discontinue any aspect of the 3W1 at any time and/or to remove or change any content, service or any other element connected with 3W1.
§ 4. Your use of Contents on the Website
In addition to the general restrictions (above), the following conditions apply specifically to your use of Contents on the 3W1 Website:
- § 4.1 The Contents on the Website, including the text, software, scripts, graphics, photos, interactive features and the like ("Contents") and the trademarks, service Marks and logos contained therein ("Marks") are -with possible exceptions- owned by or licensed to 3W1, subject to copyright and other intellectual property rights under the law. Contents on the Website is provided to you AS IS, for your information and personal use only, and may not be distributed for any other purposes whatsoever without the prior written consent of respective owners. 3W1 reserves all rights not expressly granted in and to the Website and the Contents.
- § 4.2 You may access 3W1 only as permitted under these Terms Of Service. 3W1 reserves all rights not expressly granted in and to the 3W1 Contents and the 3W1 Website.
- § 4.3 You agree not to disable, circumvent or otherwise interfere with security-related features of the 3W1 Website or features that prevent or restrict copying or use of any Contents or enforce limitations on use of the 3W1 Website or the Contents of it.
§ 5. Warranty disclaimer
You agree that your use of 3W1 shall be at your sole risk. To the fullest extent permitted by law, 3W1, its officers, directors, employees and agents, disclaim all warranties, express or implied in connection with 3W1 and your use thereof. 3W1 makes no warranties about the accuracy or completeness of this Website's Content or the Content of any sites linked to this site and assumes no liability or responsibility for any (I) errors, mistakes, or inaccuracies of content, (II) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of this Website, (III) any interruption or cessation of transmission to or from this Website, (IV) any viruses, trojan horses, bugs, or the like which may be transmitted to or through this Website by any third party, and/or (V) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted, emailed, or otherwise made available via the 3W1 Website. 3W1 does not warrant, endorse, guarantee, or assume responsibility for any service or product advertised or offered by a third party through the 3W1 Website or any hyperlinked website or featured in any banner or other advertising, and 3W1 will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of services or products. As with the purchase of a service or product through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.
§ 6. Limitation of liability
In no event shall 3W1, its officers, directors, employees or agents, be liable to you for any direct, indirect, incidental, punitive, special or consequential damages whatsoever resulting from any (I) errors, mistakes, or inaccuracies of content, (II) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of this Website, (III) any interruption or cessation of transmission to or from this Website, (IV) any viruses, trojan horses, bugs, or the like which may be transmitted to or through this Website by any third party, and/or (V) any errors or omissions in any Content or for any loss or damage of any kind incurred as a result of your use of any Content posted, transmitted, emailed, or otherwise made available via the 3W1 Website, whether based on warranty, contract, tort, or any other legal theory, and whether or not the company is advised, of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in applicable jurisdiction.
The Website is controlled and offered by 3W1 from its facilities in the European Union. 3W1 makes no representations that the 3W1 Website is appropriate or available for use in other places. Those who access or use the 3W1 Website from other jurisdictions, do so at their own volition and are responsible for compliance with the local law.
You specifically acknowledge that 3W1 shall not be liable for users behavior or the defamatory, offensive or illegal conduct of any third party, and that the risk of harm or damage from the foregoing rests entirely with you.
§ 7. Indemnity
You agree to defend, indemnify and hold harmless 3W1, its parent corporation, officers, directors, employees and agents, from and against any and all damages, losses, claims, obligations, liabilities, costs or debt and expenses (including, but not limited to attorney's fees) arising from: (I) your use of, and access to 3W1 Website; (II) your violation of any term of these Terms Of Service; (III) your violation of any third party right, including (without limitation) any copyright, property or privacy right. This defense and indemnification obligation will survive these Terms Of Service and your use of the 3W1 Website.
§ 8. Ability to accept Terms Of Service
You confirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set in these Terms Of Service, and to abide by and comply with these Terms Of Service.
§ 9. Access termination
3W1 will terminate a User's access to 3W1 Website if, under appropriate circumstances, they are determined to be a repeat infringer.
§ 10. General
You agree that: (I) the 3W1 Website shall be deemed solely based in European Union; and (II) the 3W1 Website shall be deemed a passive website that does not give rise to personal jurisdiction over 3W1, either specific or general, in jurisdictions other than European Union. These Terms Of Service shall be governed by the internal substantive laws of the European Union, without respect to its conflict of laws principles. Any claim or dispute between you and 3W1 that arises in whole or in part from your use of the 3W1 Website shall be decided exclusively by a court of competent jurisdiction located in European Union. These Terms Of Service and any other legal notices published by 3W1 on the Website, shall constitute the entire agreement between you and 3W1 concerning the 3W1 Website. If any provision of these Terms Of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms Of Service, which shall remain in full force and effect. No waiver of any term of this these Terms Of Service shall be deemed a further or continuing waiver of such term or any other term, and 3W1's failure to assert any right or provision under these Terms Of Service shall not constitute a waiver of such right or provision. 3W1 reserves the right to amend these Terms Of Service at any time and without notice, and it is your responsibility to review these Terms Of Service for changes. Your use of the 3W1 Website following any amendment of these Terms Of Service will signify your assent to and acceptance of its revised terms. You and 3W1 agree that any cause of action arising out of or related to the 3W1 Website must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.