Welcome to IndieCover.com - Informations: TERMS

Terms of Use

This web site is owned and operated by "Media.Q e.K." and will be referred to as "We", "our" and "us" in this Terms of Use policy. By using this site, you agree to the Terms of Use Policy of this web site ("the web site"), which is set out on this web site page.

Using our web site

When using this web site you agree to be legally bound by these terms and conditions as they may be modified and posted to our web site from time to time.

Without prejudice to the above, by using or accessing our website, you agree to be legally bound by these terms and conditions of use as they apply to your use of or access to our website.

If you do not wish to be bound by these terms and conditions then you may not use our website.

You must ensure that the personal information you provide is accurate and complete and that all ordering or registration details (where applicable) contain your correct name, address and other requested details. For more information about how we deal with your personal information, please read our privacy policy on this website.

You must keep your username and password save and must not share or distribute it. You are held responsible for any damage that occured by intentionally or accidently doing so.

Applicability of online materials

Unless otherwise specified the materials published on our web site are presented solely for your private, personal and non-commercial use.

Only the covers that you design online using this web site are free in use for private and commercial projects, except the use in libraries or on CDs or other storages. Nonetheless the user ist fully responsible for the compliance with any rights, e.g. copyrights, trade marks etc., when using his own photos and textes. The possibility to upload photos and enter text individually is just a "gimmick" we put at the users disposal to design the covers. We cannot and are not obliged to check any rights according these photos and textes.

You must not "design" a cover without textes or user photos in order to be able to use the picture of our covers as a plain picture. You must not download an "empty" picture and you must not use it for any use, private or commercial! The pictures we offer you to design the covers must be part of a designed cover, no other use is licensed!

Copyright & monitoring

The contents of our web site are protected by international copyright laws and other intellectual property rights. We, or other third party licensors, are the owner of these rights. All product and company names and logos mentioned in our web site are the trade marks, service marks or trading names of their respective owners, including us. You may download material from our web site for the sole purpose of using it as a information resource for our real estate services. However, you may not modify, copy, reproduce, republish, upload, post, transmit or distribute, by any means or in any manner, any material or information on or downloaded from our web site including, but not limited to text, graphics, video, messages, code and/or software without our prior written consent, except where expressly invited to do so, for example in order to complete any test or questionnaire.

All pictures, fonts and other digital medias are used with permission or are free in use. If we accidently use any digital media without permission or accidently violate any law in using them, please send us a note immediately so that we can license or remove the questionable files. Thank you.

Linked sites

We carefully checked the links we offer you as a service. It is not reasonable for us to keep track of all the linked sites. If we come to know of a site that trespasses against the law, we will remove the link. We make no representations whatsoever about any other web sites which you may access through our web site or which may link to our web site. When you access any other web site you understand that it is independent from us and that we have no control over the content or availability of that web site. In addition, a link to any other site does not mean that we endorse or accept any responsibility for the content, or the use of, such a web site and shall not be liable for any loss or damage caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through any other web or resource. Any concerns regarding any external link should be directed to its web site administrator or web master.

Availability of our web site

We will try to make our web site available but cannot guarantee that our web site will operate continuously or without interruptions or be error free and can accept no liability for its unavailability. You must not attempt to interfere with the proper working of our web site and, in particular, you must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt any computer system, server, web site, router or any other internet connected device.

We reserve the right to alter, suspend or discontinue any aspect of our website or the content or services available through it, including your access to it. Unless explicitly stated, any new features including new content and/or the sale of new products and/or the release of new software tools or resources shall be subject to these terms and conditions.

We are committed to safeguarding the privacy of our users. We take your privacy very seriously and it is important to us that you can use and enjoy our website without having to compromise your privacy in any way. For more information, please see our privacy policy.

DISCLAIMER OF WARRANTIES

EXCEPT AS LIMITED BY APPLICABLE LAW, ALL MATERIALS AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS WEB SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.

WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THIS WEB SITE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE WEB SITE WILL BE UNINTERRUPTED OR ERROR FREE. WE DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. USE OF THE WEB SITE IS SOLELY AT YOUR RISK.

LIMITATION OF LIABILITY

EXCEPT AS LIMITED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL WE, OUR MEMBERS, EMPLOYEES, SUBCONTRACTORS, SUBSIDIARIES, VOLUNTEERS, LICENSORS, AGENTS, AFFILIATED COMPANIES, AND THEIR EMPLOYEES, CONTRACTORS, OFFICERS, AND DIRECTORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM:

THE USE OF, OR INABILITY TO USE, THE WEB SITE
THE DISCLOSURE OF, OR CORRUPTION, OR ERASURE OF, DATA TRANSMITTED OR RECEIVED OR STORED ON ANY HOST SERVER ASSOCIATED WITH THE WEB SITE, INCLUDING CREDIT CARD OR OTHER FINANCIAL TRANSACTIONS.
THE USE OF ANY OTHER MATERIALS OR SERVICES PROVIDED, OR PROMISED TO BE PROVIDED.
ANY OTHER ACTIVITIES ASSOCIATED WITH THE CREATION OR USE OF THIS WEB SITE.

THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

NOTWITHSTANDING THE ABOVE, CLIENT'S EXCLUSIVE REMEDIES FOR DAMAGES, LOSSES AND CAUSES OF ACTIONS WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE OR OTHERWISE, AND WHICH ARE DIRECTLY RELATED TO WORK PERFORMED BY US, SHALL NOT EXCEED THE EXACT AMOUNT OF FEES, IF ANY, PAID TO US.

INDEMNIFICATION

EXCEPT AS LIMITED BY APPLICABLE LAW, UPON REQUEST BY US, YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD US HARMLESS, OUR MEMBERS, EMPLOYEES, SUBCONTRACTORS, SUBSIDIARIES, VOLUNTEERS, LISCENSORS, AGENTS, OR OTHER AFFILIATED COMPANIES, AND THEIR EMPLOYEES, CONTRACTORS, OFFICERS, AND DIRECTORS FROM ALL LIABILITIES, CLAIMS, AND EXPENSES, INCLUDING ATTORNEY'S FEES, THAT ARISE FROM THE CREATION OR USE OF THIS WEB SITE.

WE RESERVE THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, IN WHICH EVENT YOU WILL COOPERATE WITH US IN ASSERTING ANY AVAILABLE DEFENSES.

Choice of law and forum

These terms shall governed by and construed in accordance with the laws of the Federal Republic of Germany, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction, for any claim or action arising out of or relating to goods or services provided under or in relation to these terms, shall be filed only in the federal courts located in the Federal Republic of Germany - Augsburg in particular, if not in conflict of law rules -, and further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.

Serverability

If any part of these terms are held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

Privacy Policy

Thank you for visiting our web site. This privacy policy tells you how we use personal information collected at this site. Please read this privacy policy before using the site or submitting any personal information. By using the site, you are accepting the practices described in this privacy policy. These practices may be changed, but any changes will be posted and changes will only apply to activities and information on a going forward, not retroactive basis. You are encouraged to review the privacy policy whenever you visit the site to make sure that you understand how any personal information you provide will be used.

Note: the privacy practices set forth in this privacy policy are for this web site only. If you link to other web sites, please review the privacy policies posted at those sites.

Collection of information

We collect personally identifiable information, like names, postal addresses, email addresses, etc., when voluntarily submitted by our visitors. The information you provide is used to fulfill you specific request. This information is only used to fulfill your specific request, unless you give us permission to use it in another manner, for example to add you to one of our mailing lists.

Never do we store sensitive informations like credit cards. Your payment is securely processed by paypal, a worldwide acting, experienced company in e-payments.

Cookie / tracking technology

The site may use cookie and tracking technology depending on the features offered. Cookie and tracking technology are useful for gathering information such as browser type and operating system, tracking the number of visitors to the site, and understanding how visitors use the site. Cookies can also help customize the site for visitors. Personal information cannot be collected via cookies and other tracking technology, however, if you previously provided personally identifiable information, cookies may be tied to such information. Aggregate cookie and tracking information may be shared with third parties.

We use cookies for two purposes: (1) to recognize your identification to give you access to your basket, library and the photos uploaded by you. (2) to recognize an affiliate partner. If you came to our website on the recommendation of an affiliate partner, a cookie is set to be able to assign a purchase to this affiliate partner.

Commitment to data security

Your personally identifiable information is kept secure. Only authorized employees, agents and contractors (who have agreed to keep information secure and confidential) have access to this information. All emails and newsletters from this site allow you to opt out of further mailings.

All personal datas and cookies are securely encrypted through a couple of algorithms. Nevertheless the high standard of encryption we cannot garantee that it can't be cracked.

We reserve the right to make changes to these terms. Any changes to these terms and to this policy will be posted here.

Stadtbergen, June, 10th 2007