|
Agreement between User and x-percent
Your use of the x-percent.com websites and services offered on those sites (collectively, the "Website") is subject to these Terms of Use (these "Terms"). We may modify these Terms at any time without notice to you by posting revised Terms on the Website. Your use of the Website constitutes your binding acceptance of these Terms, including any modifications that we make. If at any time you do not agree with any part of the Terms, YOU MUST DISCONTINUE USE OF THE WEBSITE.
1. About this website
The Website offers price comparison and search functionalities to users about products and services that are on sale on selected marketplaces, webshops on the internet. The customer gets a price and product overview with links to products and services that sellers, service agents or other third parties (collectively, the "Online Sellers") offer via the internet on external marketplaces, such as eBay. The information research is automized and relies on information that is provided by operators of other websites, marketplaces and third-party webservices. The product details of the Online Seller on the Website are updated more than once a day in an automated way. A real-time update is not possible due to technical restrictions. Therefore deviations from the original product details, especially in terms of availability and or in shipping details may occur. Due to the high amounts of data being processed errors and incorrect data cannot completely be ruled out. Therefore we cannot guarantee the correctness of the data on the Website.
2. Your conduct on the Website
You do not enter into any purchase agreements concerning the products and services shown on the Website directly with x-percent. However any contracts or purchasing agreements about products and services shown on the Website are only being closed solely between you and the Online Seller on other sites.
In case you want to purchase a product or service shown on the Website you will be redirected to the internet offering, marketplace or webshop of the Online Seller, where the offering is being made to you by the Online Seller and under the terms of the Online Seller and/or marketplace. You agree, that you check all the relevant and updated information about the product or service of the Online Seller and/or marketplace, respectively the terms and conditions for a purchase on an external site yourself before making your purchase decision.
By using the Website via the internet, you also acknowledge the terms and conditions of your internet access provider. You also carry all the costs that are involved with your internet access.
The technology and the software underlying the Website and the services on the Website are the property of x-percent, our affiliates, and our partners. You agree not to copy, modify, rent, lease, loan, sell, assign, distribute, reverse engineer, grant a security interest in or otherwise transfer any right to the technology or software underlying the Website or the services. You agree not to modify the software underlying the Website in any manner or form or to use modified versions of such software, including (without limitation) for the purpose of obtaining unauthorized access to the Website.
Without limiting the foregoing, you agree that you will not use the Website to take any of the following actions:
- Violate the legal right of others;
- Collect or store personal information about other end users;
- Interfere with or disrupt the Website, servers, or networks;
- Impersonate any person or entity, including, but not limited to, a representative of x-percent, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- Forge headers or manipulate identifiers or other data in order to disguise the origin of any content transmitted through the Website or to manipulate your presence on the Website;
- Take any action that imposes an unreasonably or disproportionately large load on the infrastructure of x-percent;
- Engage in any illegal activities.
Unauthorized access to the Website is a breach of these Terms and a violation of the law. You agree not to access the Website by any means other than through the interface that is provided by x-percent for use in accessing the Website. You agree not to use any automated means, including, without limitation, scripts, agents, robots or spiders, to monitor, access or copy any part of the Website, except those automated means that x-percent has approved in advance and in writing.
Unless otherwise expressly permitted, websites may not hyperlink to any page beyond the homepage of this Website or frame this Website or any web page or material herein, nor may any entity hyperlink any aspect of this Website in an email for commercial purposes without the express written permission of x-percent.
Use of the Website is subject to existing laws and legal process. Nothing contained in these Terms shall limit our right to comply with governmental, court, and law-enforcement requests or requirements relating to your use of the Website.
3. Disclaimer of Warranties
All copyright(s) remain legal property of rightful owner(s). Images are for illustrative purposes only. Prices, details and all other product or service information are subject to availability, terms and conditions and may change without notice.
We will use our best endeavours to reliably and accurately present price and product and service information from Online Sellers. The Website is, however, provided on an "as is-basis” and x-percent does not make any representations or warranties as to the accuracy, completeness or validity of the information provided. X-percent cannot be held liable for any consequential loss resulting from the information it provides.
We disclaim any guarantee that eBay store items on sale will show up on the Website after the seller has authorized us and eBay to share transaction data by using our seller entry feature. The seller can revoke this authorization anytime under his general preferences in my eBay.
We disclaim any responsibility for the deletion, the failure to store, the misdelivery, or the untimely delivery of any information or material. We disclaim any responsibility for any harm resulting from downloading or accessing any information or material on the Internet using search results from the Website.
Any decision made in relation to purchasing goods and/or services as a result of information obtained from the Website is your sole responsibility.
WE DO NOT WARRANT THAT THE WEBSITE WILL BE ERROR FREE OR UNINTERRUPTED. IN ADDITION, WE DO NOT MAKE ANY WARRANTY AS TO THE CONTENT ON THE WEBSITE. THE WEBSITE AND ITS CONTENT ARE DISTRIBUTED ON AN "AS IS/AS AVAILABLE BASIS". ANY MATERIAL THAT YOU DOWNLOAD OR OTHERWISE OBTAIN THROUGH THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY POTENTIAL DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR DOWNLOAD OF ANY SUCH MATERIAL. NEITHER WE NOR ANY OF OUR PARTNERS MAKES ANY WARRANTY THAT
(i) THE WEBSITE WILL MEET YOUR REQUIREMENTS,
(ii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE.
(iii) THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE,
(iv) ANY ERRORS WILL BE CORRECTED AND
(v) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL THAT YOU FIND ON THE WEBSITE WILL MEET YOUR EXPECTATIONS.
NEITHER WE NOR ANY OF OUR PARTNERS MAKES ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE WEBSITE, ANY CONTENT, OR ANY OF THE SERVICES, PRODUCTS, PROPERTIES OR TOOLS. YOU EXPRESSLY AGREE THAT YOU WILL ASSUME THE ENTIRE RISK AS TO THE QUALITY AND THE PERFORMANCE OF THE WEBSITE AND THE COMPLETENESS OR ACCURACY OF ITS CONTENT.
NEITHER WE NOR OUR PARTNERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE WEBSITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME COUNTRIES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH COUNTRIES, OUR LIABILITY AND THAT OF OUR THIRD-PARTY CONTENT PROVIDERS AND THEIR RESPECTIVE AGENTS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
No liability is excluded to the extent such exclusion would not be permitted by law.
4. General Limitation of Liability
TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL X-PERCENT, INCLUDING ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, SUBSIDIARIES, AFFILIATES, DISTRIBUTORS, SUPPLIERS, LICENSORS, AGENTS OR OTHERS INVOLVED IN CREATING, SPONSORING, PROMOTING, OR OTHERWISE MAKING AVAILABLE THE WEBSITE AND ITS CONTENTS (COLLECTIVELY THE "COVERED PARTIES"), BE LIABLE TO ANY PERSON OR ENTITY WHATSOEVER FOR ANY DIRECT, INCIDENTAL, INDIRECT,SPECIAL, EXEMPLARY, CONSEQUENTIAL, COMPENSATORY OR PUNITIVE DAMAGES OR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO:
(I) YOUR INABILITY TO USE, UNAUTHORIZED USE OF, PERFORMANCE OR NON-PERFORMANCE OF THE WEBSITE;
(II) LOSS OF GOODWILL, PROFITS, BUSINESS INTERRUPTION, DATA OR OTHER INTANGIBLE LOSSES;
(III) THE PROVISION OR FAILURE TO PROVIDE ANY SERVICE;
(IV) UNAUTHORIZED ACCESS TO OR TAMPERING WITH YOUR PERSONAL INFORMATION OR TRANSMISSIONS;
(V) ERRORS OR INACCURACIES CONTAINED ON THE WEBSITE OR ANY INFORMATION, PRODUCTS, SERVICES, SOFTWARE AND RELATED CONTENT OBTAINED THROUGH THE WEBSITE;
(VI) ANY TRANSACTIONS ENTERED INTO THROUGH THIS WEBSITE;
(VII) ANY PROPERTY DAMAGE INCLUDING DAMAGE TO YOUR COMPUTER OR COMPUTER SYSTEM CAUSED BY COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS, DURING OR ON ACCOUNT OF ACCESS TO OR USE OF THIS WEBSITE OR ANY SITE TO WHICH IT PROVIDES HYPERLINKS; OR
(VIII) DAMAGES OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, ANY DELAY OR INABILITY TO USE THE WEBSITE, OR ANY INFORMATION, PRODUCTS, OR SERVICES OBTAINED THROUGH THE WEBSITE.
THE LIMITATIONS OF LIABILITY SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF A COVERED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
5. Trademarks
"x-percent" is a service of Bjoern Behrendt. Other product and company names identified on this Website may be the name, trademark, trade name, service mark, logo, symbol or other proprietary designation of a third-party. The use on this Website of any name, trade name, trademark, service mark, logo, symbol or other proprietary designation or marking of or belonging to any third-party, and the availability of specific goods or services from such third-party through this Website, should not be construed as an endorsement or sponsorship of this Website by any such third-party, or the participation by such third-party in the offering of goods, services or information through this Website.
6. Copyright
You acknowledge that all content included on this Webite, including the information, data, software, photographs, graphs, video, graphics, music, sounds, images, illustrations, maps, designs, icons, written and other material (collectively, "Content") and the arrangement and compilation of the Content are intellectual property and copyrighted works of x-percent and/or its third-party providers including, without limitation, the Online Sellers that offer the products and services. Reproduction or storage of information or works retrieved from this Website, in all forms, media and technologies now existing or hereafter developed, is subject to all applicable international copyright treaties and conventions, including without limitation, the Berne Convention and the Universal Copyright Convention.
7. Privacy Policy
You confirm that you have read our Privacy Policy, the terms of which are incorporated herein, and agree that the terms of such policy are reasonable and satisfactory to you. You consent to the use of your personal information by x-percent and/or its third-party providers and distributors in accordance with the terms of and for the purposes set forth in the Privacy Policy. To the extent permitted by law, x-percent makes no representation or warranty with regard to the sufficiency of the security measures used for data handling and storage. X-percent will not be responsible for any actual or consequential damages that result from a lapse in compliance with the Privacy Policy because of a security breach or technical malfunction.
8. Indemnification
You agree to defend and indemnify x-percent, their affiliates, and/or their respective suppliers and any of their officers, directors, employees and agents from and against any claims, causes of action, demands, losses, recoveries, damages, penalties, fines or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought
(i) by you or on behalf in excess of the liability described above; or
(ii) by third parties as a result of:
- your breach of this Agreement
- your violation of any law or the rights of a third party; or
- your use of this Website.
9. External Links
To the extent the Website contains links to outside products, services and resources, any concerns regarding such products, services or resources should be directed to the particular outside Online Seller, marketplace, service or resource provider. X-Percent does not monitor or control the linked sites and makes no representations regarding, and is not liable or responsible for the accuracy, completeness, timeliness, reliability, or availability of any of the content upload, displayed, or distributed, or products or services available at these sites. If you choose to access any third-party site, you do so at your own risk. The presence of a link to a third-party site does not constitute or imply x-percent's endorsement, sponsorship, or recommendation of the third-party, or of the content, products or services contained on, or available through, any such third-party site.
10. Modification of these terms and Termination of Usage
x-percent reserves the right, in its sole discretion, to modify, suspend, or terminate the Website and/or any portion thereof, including any service or product available through the Website or any portion thereof, at any time for any reason with or without notice to you. In the event of termination, you will still be bound by your obligations under this agreement and any additional Terms, including the warranties made by you, and by the disclaimers and limitations of liability. Additionally, x-percent shall not be liable to you or any third-party for any termination of your access to the Website.
11. Miscellaneous
These Terms, including all terms, conditions, and policies that are incorporated into these terms by reference, constitute the entire agreement between you and x-percent and govern your use of the Website, superceding any prior agreements that you may have with us.
Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
These Terms shall be construed in accordance with the laws of Germany and the parties irrevocably consent to bring any action to enforce these Terms before an arbitration panel or before a court of competent jurisdiction in Berlin, Germany if seeking interim or preliminary relief or enforcement of an arbitration award.
If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superceded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the Terms shall continue in effect.
This Website is being operated by
x-percent, a service of Bjoern Behrendt
Kastanienallee 47
D-10119 Berlin, Germany
Effective: March, 25th 2007
|
