3. With the exception of any warranties laid down in law, nickheidfeld.com makes no warranty and accepts no liability for the accuracy and completeness of the content of the nickheidfeld.com website or for its fitness for purpose.
4. All texts, images and other material published on the nickheidfeld.com website are protected by copyright law and are for personal use only. Reproduction, republishing, distribution or copying is prohibited.
6. The guestbook and forum services are provided by nickheidfeld.com free of charge to users and on a voluntary basis. The operators are under no legal obligation to maintain these services. nickheidfeld.com reserves the right to exclude any participant from the nickheidfeld.com guestbook, forum and general areas of the site at any time and without prior notification.
7. The nickheidfeld.com guestbook and forum are services offered within the scope of the nickheidfeld.com website.
8. You are obliged to show due care and respect for the rights and needs of other users of this site as well as for the rights of third parties. For example, any entry you make in the nickheidfeld.com guestbook or forum must not break the law. In particular, you must respect the civil rights of third parties (including copyright) and ensure that your comments or actions are not in breach of the criminal law. You must therefore refrain from making any comments that are defamatory, libellous, insulting, threatening, discriminatory, obscene or racist. If you use copyrighted material with the permission of third parties, you must retain and abide by all existing references to copyright in their unamended form. When posting details/content in the nickheidfeld.com guestbook or forum, you warrant that you have usage rights over such details/content.
9. When posting details/content in the nickheidfeld.com guestbook or forum, you give nickheidfeld.com the right to communicate such content to other participants in the nickheidfeld.com guestbook or forum without any limit in terms of time or location. You further give nickheidfeld.com the right to amend, publish, translate or store such information, to integrate it into other content published on the internet by nickheidfeld.com in any form of their choosing and to use it for advertising purposes.
10. nickheidfeld.com does not warrant the accuracy and completeness of comments posted by other contributors in the nickheidfeld.com guestbook or forum.
11. nickheidfeld.com accepts no liability for claims by third parties arising from the use of the nickheidfeld.com guestbook or forum. nickheidfeld.com is liable only for claims arising from intent or gross negligence on the part of nickheidfeld.com.
12. Furthermore, nickheidfeld.com accepts no liability for claims arising from circumstances that could not reasonably have been foreseen by nickheidfeld.com, in particular network or computer crashes.
13. nickheidfeld.com reserves the right to monitor data exchanged between site users. However, nickheidfeld.com is not obliged to check such data for its legality. In particular, where use of the site is in breach of the law, the absence of a challenge at that time should not be taken to signify that nickheidfeld.com renounces the right in future to make such claim as may arise therefrom.
14. We cannot be held liable for any unsolicited manuscripts. By sending manuscripts and pictures, the author agrees that nickheidfeld.com has the right to publish them. Paid submissions become the property of nickheidfeld.com. Product names are used without guarantee of a free disposal.
15. nickheidfeld.com has links to other websites on the Internet. nickheidfeld.com hereby states expressly that it has no influence over the design or content of such other websites. nickheidfeld.com therefore expressly disclaims responsibility for the content of linked sites that are not hosted on the server of nickheidfeld.com. This applies to all links and all content on sites that are linked through banners and links on nickheidfeld.com.
17. Personal information given by you to nickheidfeld.com is used only for the stated purpose (e.g. competitions) and will not be given to third parties.
18. Only the laws of the Federal Republic of Germany shall apply. If any provision of this agreement is unenforceable, all others shall remain in effect. The unenforceable clause will be replaced by one that comes closest in spirit and purpose for the continued conduct of business.
The following terms and conditions apply to the use of the community area on the nickheidfeld.com website. By clicking on 'Save profile', you the user agree to these terms and conditions.
2. Community area
The community area forms part of the service provided by the nickheidfeld.com website and is made available to users by 7DC Seven Dead Cats GmbH (hereinafter 'service provider')
3. Disposal of users' personal details
During the registration process, the user's personal details are compiled. By registering, the user agrees that his/her details should be entered into the records of nickheidfeld.com. These details are stored on a server used by the service provider.
The user may freely choose a pseudonymous user name and consents to this being displayed for all site visitors to see. Pseudonymous user names do not reveal the identity of individual users. Additional information concerning the user's personal preferences and the user's profile image are only displayed with his/her prior permission. By registering, the user declares himself/herself willing to be notified by e-mail of news from nickheidfeld.com, e.g. campaigns and competitions.
Any other details that are recorded as part of the registration process (postal as well as e-mail address) are not published. The only data stored on the server is that compiled as part of the registration process, i.e. not concerning use.
The user can unsubscribe at any time by sending a declaration to this effect by e-mail to firstname.lastname@example.org or by post to Seven Dead Cats GmbH, Untere Brinkstraße 69-73, 44141 Dortmund.
Use of the nickheidfeld.com website is free of charge.
5. Obligations of the user
The user must not divulge his/her password to any third party.
The user bears sole liability for content produced and published via his/her profile. The user acknowledges that the service provider has the right to remove either in part or in its entirety from the community area any content posted by the user as the service provider sees fit and without being obliged to justify such removal, but in particular where it is deemed that the user is in breach of his/her obligations.
Users are obliged to respect the confidentiality of e-mails and any other communications and not to make the content of these known to third parties without the agreement of their author(s). The same obligation applies to names, phone/fax numbers, e-mail addresses and/or URLs. Furthermore, the user undertakes not to misuse the nickheidfeld.com website in any way, specifically:
- by disseminating defamatory, factually incorrect, insulting, obscene, blasphemous, offensive, sexually explicit, threatening, distressful, racist or illegal comments, statements or other forms of material. Users are not permitted to post 'hotlinks', i.e. the URLs of websites operated by third parties. Textual or visual material of a sexually explicit nature (e.g. nude photos) will be deleted immediately the service provider becomes aware of itspresence on the website.
- by using the site to threaten others, cause them distress or otherwise infringe their rights under either criminal or civil law;
- by uploading data that contains a virus (infected software);
- by using the site in such a way that its availability to other users is impaired;
- by using the personal details of third parties in the community area;
- by sending messages to other users for any purpose other than personal information, including the promotion or advertising for sale of a product or service;
- by sending chain or junk mail;
- by giving out surnames, addresses, phone/fax numbers, URLs and e-mail addresses in the user profile.
The service provider reserves the right instantly to suspend or terminate access by the user to the community area upon discovery of a breach of any provision of this agreement by the user. Termination will take the form of blocking the user's profile. The user for his/her part may terminate this agreement at any time by deleting his/her profile. In addition, we would ask you also to send an e-mail confirming this to email@example.com.
7. Operation of website
The service provider makes no warranty as to the functionality of the community area and makes no representation as to the truth, suitability, reliability, currency or accuracy of the information contained therein. The service provider neither confirms nor accepts responsibility for the truth or reliability of information (including opinions and advice) posted by users.
9. Limitation of liability
The service provider cannot be held liable for claims by the user against its legal representatives, employees or agents – irrespective of legal grounds – except in the case of intent or gross negligence. Nor can the service provider be held liable in the event that the functionality of the community area is interrupted, impaired or destroyed as a result of force majeure, strike action, lockout, operational problems or externally caused damage to the structure.
Furthermore, the service provider accepts no liability in the event that details and information that the user himself/herself has made available to others are subsequently misused by those third parties.
The service provider cannot be held liable for information or actions initiated by users as long as the service provider takes steps to remove information or to block access to such information immediately upon becoming aware that illegal action has taken place or that illegal material has been posted. The service provider expressly disclaims responsibility for and ownership of all information posted and actions initiated by users.
10. Interception of data by third parties
The user acknowledges that it is possible for details transmitted via the internet to be intercepted by parties who have no right to do so. The user transmits such details at his/her own risk.
As a user of this site, you agree to indemnify and hold harmless the service provider for any obligations, expenses or claims which may arise from slander, defamation or personal slight caused by you the user, loss of service for you the user, damage to intangible goods or other entitlements caused by you the user or from illegal information or actions on the part of you the user. The user shall bear sole liability for all legal costs and penalties arising therefrom.
Communication by the service provider to the user will take place by means an appropriate on-screen message displayed upon log-in or by e-mail. Users may communicate with the service provider by e-mail or by post. The relevant addresses can be found under the heading 'Website details' (Impressum).
The service provider will take all due care to ensure maximum availability of the server, including the content of the website and all the messages stored on it. The service provider can, however, neither guarantee nor accept any obligation to keep the system up and running.