March 18, 2008

1. General

oneview GmbH (“oneview”) is an enterprise located in the City of Cologne, in the Federal Republic of Germany. The laws of the Federal Republic of Germany govern these Terms of Use and the legal relationship between users/members and oneview shall be determined thereby, without regard to German Conflict of Law provisions. Before you use oneview’s Website (the “Website”), please read through these Terms of Use carefully as they govern your use of the services provided by oneview. oneview may supplement, modify or amend these Terms of Use from time to time. Such notice shall appear exclusively on the Website. Your may reject any modification or amendment to these Terms of Use within a 14 day period and if you chose to do so oneview shall have the right to cancel your account with it, or your access to its Website. Once the period has expired the modified or amended Terms of Use shall become effective. You are only authorized to use the Website if you agree to abide by all applicable laws and these Terms of Use, as supplemented, modified or amended from time to time.

 

 

2. Description of Services

oneview’s basic service is currently free of charge and consists of allowing the user to host a variety of data on the Website, including but not limited to, posting of links to third-party websites for the purpose of electronic publishing and sharing. Each user is permitted limited storage space for uploading multimedia content. In addition, you are able to create a user profile, rate and comment on links to third-party websites, invite other users to join, make new friends and send e-mails to other users through the internal e-mail system. To the extent oneview decides to begin charging for its services, it shall do so by posting supplemental Terms of Use and general Terms of Business on the Website. oneview offers its services solely for private, non-commercial purposes.

 

 

3. Registration and Use/Access

A. By registering with oneview, oneview hereby grants you permission to use the Website as set forth in these Terms of Use, provided that: (i) your use of the Website as permitted is solely for your personal, non-commercial use; (ii) you do not copy or distribute any part of the Website in any medium without oneview's prior written authorization; and (iii) you otherwise comply with the terms and conditions of these Terms of Use. By registering with the Website you are expressly agreeing that these Terms of Use govern your relationship with oneview and that they are binding upon you. These Terms of Use constitute the entire agreement between you and oneview and no other terms will be recognized. Should oneview permit any other entity to make offers, or provide services, via the Website or any link thereto, such offers or services will be subject to their own Terms of Use or Terms of Business. oneview has no control over and assumes no responsibility for the content, privacy policies or practices of any third parties and/or their websites.
B. In order to access some features of the Website, you will need to create a user account. You are solely responsible for the activity that occurs on this account, and for keeping your account password secure. You must notify oneview immediately of any breach of security or unauthorized use of your account. Although oneview will not be liable for your losses or damages caused by any unauthorized use of your account, you may be liable for the resulting losses or damages of oneview or others due to such unauthorized use.
C. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers" etc., that access the Website in a manner that sends more request messages to oneview’s servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, oneview grants the operators of public search engines permission to use spiders to copy materials from the Website for the sole purpose of creating publicly available searchable indices of the materials thereon, but not caches or archives of such materials. oneview reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, or to use the communication systems provided by the Website for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their User Submissions.
D. You are not permitted to send data or save information on a oneview data medium which, due to its nature (e.g. virus), size, or duplication capability (e.g. spamming) could jeopardize or damage oneview’s services and/or data networks. In the event of a breach of this restriction, oneview shall be entitled to demand a contract penalty amounting to 5,000.00€ (five thousand euros). Additionally, you would be liable for any damages resulting from sending such unauthorized data.

4. Contents

oneview is a service which serves as a repository of information and social network for knowledge management. Oneview will save your data, postings of links to third-party websites and other information (together the "Contents") for you and will provide you access thereto. You will be solely responsible for your uploaded Contents. You can mark content as private to restrict access and use to those users to whom you explicitly grant access. User-posted content does not represent the advice, views, opinions or beliefs of oneview, and oneview makes no claim of accuracy of any user-posted material. In connection with your Contents, you agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material; (ii) publish falsehoods or misrepresentations that could damage oneview or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business: (v) offer or provide services whose subject matter is pornographic. The same applies to sending e-mails. Likewise, reference to political activities, political party meetings, demonstrations, fliers or petitions, as well as the propagation of political symbols is prohibited. Furthermore, Contents which insult, belittle, or in other negative ways affect other users or members are also prohibited. If you violate any of these restrictions, oneview is authorized to deny or delete your Content, delete your webaccount pages and their links, and/or cancel your account without prior notice. oneview may do so in its sole discretion without any obligation to investigate. You will be liable to oneview for all direct and indirect damages for any violation of the above mentioned restrictions. You agree to indemnify oneview from all claims by third parties resulting from your violation of the above restrictions. The linked websites' content, business practices and privacy policies are not under the control of oneview, and oneview is not responsible for the content of any linked website or any link contained in a linked website. The inclusion of a link on the Site or Services does not imply any endorsement by or any affiliation with oneview.

 

 

5. Usage Rights

oneview grants you a simple, non-negotiable, right to utilize the offerings and services of the oneview platform. The right to utilize these services will end upon termination of your account. By providing oneview with your Content upload, you will be granting oneview a limited license to forth world wide duplication, distribution, transmission, public reproduction, publication or other similar uses of the Content from oneview’s platform without compensation to you or any third party. You may withdraw this license to oneview at any time by terminating your account with oneview.

 

6. Feeds and API

oneview provides access to its platform and Services via RSS feeds, Web Services and an API. For the purposes of these Terms of Use, such access constitutes use of the platform and services. oneview asks that you use these features very respectfully, see documentation or ask the oneview support team. You may not use these or any other features or oneview itself to allow the display of a substantial portion of the oneview database or reproduce, duplicate or copy the oneview plattform. oneview reserves the rights to change these features at any time and to disable access to the feeds, Web Services and the API at any time for any reason.

 

7. Performance Guaranties

oneview represents that all its platform will function properly in all material respects and that its server will yield a yearly mean of availability of 97%. Excluded from these guaranties are malfunctions or other problems caused by conditions beyond oneview’s control (e.g. forces of nature, fault of third parties, etc.), which produce: operating failure or alterations, modifications, internals or externals, or require repair or other miscellaneous manipulations. Furthermore, oneview assumes no liability for and provides no guaranty for the display of links, text, pictures and videos. Any problems or error messages should be reported in writing or by email. oneview may reduce or suspend service access as needed to protect the security of its operation, to perform network integrity maintenance, and especially to prevent any significant failures of the network, software or saved data.

8. Third Party Rights

oneview is not liable for your links, photos, videos, text or other miscellaneous Content placed on its platform. You agree to indemnify and hold oneview harmless from all third party claims for infringement of rights, in particular copyrights, licences, competition laws or other miscellaneous trademark laws based on your submitted Content. This indemnification includes your obligation to compensate oneview for all attorneys’ fees and costs incurred in any litigation or other proceedings, as well as for damages arising from infringement. You agree to assist oneview with its defence of any such claim by providing oneview with all requested documents and data. oneview will release you from liability for any third party claims which depend on alleged infringement of commercial property rights or copyrights if oneview is at fault for the alleged infringement and you inform oneview in writing immediately upon learning of any such claims and oneview’s rights to all technical and legal means of defense and settlement negotiations have not been compromised in any way. The aforementioned release will not apply if any third party infringement claims are due to misfeasance on your part, in particular related to the placement of Content on the oneview platform by you.

9. No Warranty and LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT ONEVIEW PROVIDES THE PLATFORM AND SERVICES “AS IS”. ONEVIEW EXPRESSLY DISCLAIMS ANY WARRANTY OR CONDITION, WHETHER EXPRESSED OR IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, INFORMATION ACCURACY, INTEGRATION, INTEROPERABILITY OR ENJOYMENT. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. You understand and agree that you use the Site and Services at your own discretion and risk and that you will be solely responsible for any damages that arise from such use. AND UNDER NO CIRCUMSTANCES SHALL ONEVIEW BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE, RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE, OR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE, OR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA OR STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE, DAMAGES INCURRED THROUGH ANY LINKS PROVIDED ON THE PLATFORM AND THE NONPERFORMANCE THEREOF OR DAMAGES RESULTING FROM LOSS OF USE OR ONEVIEW`S MODIFICATION OR TERMINATION OF THE SITE OR SERVICES, OR ANY OTHER MATTER RELATING TO THE SERVICE. oneview shall be free to raise the defence of contributory negligence on your part. The preceding limitations on liability apply not only to oneview but to its legal representatives and assigns. oneview expressly disclaims any liability for any website linked to the oneview Website or any good, services or content provided thereon. The provider of any linked website shall be solely responsible therefore.

10. Privacy Policy

Your personal data will be kept confidential to the extent required by law and, unless you provide oneview with explicit consent, it will only be used in furtherance of your relationship with oneview, including: billing, collections, processing and utilization. Data collection, usage, and processing shall be carried out electronically. Please note that you are hereby also authorizing oneview to use your master and access information, to the extent necessary, to find, contain and remove errors and bugs, and to uncover illegal usage on its telecommunication networks and services. In accordance with applicable laws and ordinances, oneview may submit information to law enforcement agencies and courts for the purpose of prosecution. Upon request, oneview will immediately and without charge, provide you with information about saved data concerning you and your pseudonyms. You may request that this information be sent to you electronically. oneview may transfer billing information to other service providers and third parties, so long as such transfer is necessary for the calculation of fees and/or for billing you. Other than the above listed disclosures, oneview will not give or release information about you, or your private communications, to third parties without your consent. oneview explicitly notes that the protection and safety of data transmissions in open networks such as the internet, even with the present state of technology, cannot be absolutely guaranteed. You, the user, understand that oneview can at any time, from a technical perspective, view saved page information on the web server and under certain circumstances also other stored user data. It is solely your responsibility to protect your own data on the internet and saved on oneview’s web server. You consent that during the term of this agreement oneview may send you technical support e-mails, with references to and information about access to services, possible expansions and other appropriate miscellaneous oneview platform information. For the purpose of advertising, marketing research and other justifiable arrangements, oneview may utilize your uploaded photos, videos and/or tags and for this may create a corresponding profile under your pseudonym. However, you have the right to prohibit the processing and use of your information.

11. Final Provisions

Should any provision of these Terms of Use be or subsequently become invalid, illegal or unenforceable, these Terms of Use shall be deemed amended to delete therefrom the provision adjudicated invalid, illegal or unenforceable and the validity of the remaining provisions of these Terms of Use shall not be affected thereby. However, to the extent possible any provision adjudicated invalid, illegal or unenforceable shall be replaced with a provision which most closely provides the intended result of the deleted provision. Jurisdiction for any dispute about or involving oneview shall be, so far as legally permissible, in a court of competent jurisdiction in Cologne, Federal Republic of Germany.