Copyright (C) xox interactive. All Rights Reserved.
Last updated: January 1, 2014
Version: Initial Version 1.0
- You admit that you are legally allowed to use our website.
- You will not do any harm to us.
- In any other case you will not use this site.
Please read all of the document to understand all details.
Notice about Revisions and Versions of this Document
This document may be revised or updated without notice. You are advised to review it regularly. We will publish updated versions of this document on our internet site (http://www.xoxinteractive.com). Details on updates can be found at the beginning of this document.
Please notice that we are a German company and bound by German law. For your convenience we have translated our German documents into English as well. In case of a discrepancy between the English and the German version of the same document the German version prevails. You can find the German version of this document here: http://xoxinteractive.com/company/deutsch-german/agb/.
The following is a legal agreement ("Contract", "Agreement") between You ("You") and the owners and operators of xox interactive ("xox interactive", "We", "Us").
Subject-Matter of this Agreement
This Agreement is only covering our website. Our software products have their own agreements.
The use of this Website
You warrant that You are of legal age to use the Website and to create binding legal obligations for any liability You may incur as a result of the use of the Website. You agree that You are responsible for all of your use of the site including for the use of your account by others.
xox interactive can terminate your membership account for any reason. You can terminate your membership account for any reason with a written notice and proof of identity.
You agree to indemnify, defend, and hold harmless xox interactive and its officers, employees, shareholders, directors and suppliers against all claims, liability, damages, costs and expenses, including reasonable legal fees and expenses, arising out of or related to a breach of this Agreement, the use or inability of use of this site and the use or the inability of use of any service on this site, your failure to abide by any restriction regarding the use of any property, or any claim by a third party related to the use of a property.
Warranty and Liability
THE WEBSITE AND THE SERVICES ARE PROVIDED "AS IS". WE OFFER NO WARRANTY, EXPLICIT OR IMPLIED, REGARDING ANY SERVICES, THE WEBSITE, THE ACCURACY OF ANY INFORMATION, OR ANY RIGHTS OR LICENSES UNDER THIS AGREEMENT INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. XOX INTERACTIVE DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS OR THAT THEIR USE WILL BE UNINTERRUPTED OR ERROR FREE.
XOX INTERACTIVE SHALL NOT BE LIABLE TO YOU OR TO ANY OTHER PERSON OR ENTITY FOR ANY GENERAL, PUNITIVE, SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, OR LOST PROFITS OR ANY OTHER DAMAGES, COSTS OR LOSSES ARISING OUT OF YOUR USE OF THE WEBSITE OR THE SERVICES.
Disclaimer of Warranty
THERE IS NO WARRANTY FOR THE WEBSITE, TO THE EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT WHEN OTHERWISE STATED IN WRITING WE PROVIDE THE WEBSITE “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE IS WITH YOU. SHOULD THE PROGRAM PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
Limitation of Liability
IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING WILL WE, OR ANY OTHER PARTY WHO MODIFIES AND/OR CONVEYS THE WEBSITE AS PERMITTED ABOVE, BE LIABLE TO YOU FOR DAMAGES, INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE WEBSITE (INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY YOU OR THIRD PARTIES OR A FAILURE OF THE WEBSITE TO OPERATE WITH ANY OTHER PROGRAMS), EVEN IF SUCH HOLDER OR OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Interpretation of the 'Disclaimer of Warranty' and the 'Limitation of Liability'
If the disclaimer of warranty and limitation of liability provided above cannot be given local legal effect according to their terms, reviewing courts shall apply local law that most closely approximates an absolute waiver of all civil liability in connection with the Website, unless a warranty or assumption of liability accompanies a copy of the Website in return for a fee.
If any provision of the contract shall be invalid or impracticable in whole or
in part this shall not affect the validity of the remaining part of this Contract.
In lieu of the invalid or impracticable provision an appropriate provision
shall apply which is nearest to the intent of the contracting parties of to what
would have been their intention in keeping with the meaning an purpose of
the contract if they had considered this issue at the conclusion of the contract
or at a later addition of a provision.