Cosmotourist: Terms of use
Welcome to Cosmotourist. Cosmotourist is a site of cosmotourist GmbH a company according to German law located in Munich. www.comsotourist.com and www.cosmotoruist.co.uk are web sites of Cosmotourist GmbH.
These terms of use are relating to the use of the website excluding travel bookings on Cosmotourist. For those services you need to accept separate terms and conditions.
Please read our terms and conditions before using our website and review it from time to time as the terms and conditions may change.
If you do not agree to the below described terms and conditions you immediately need to stop using the website of Cosmotourist.
Using our website means that you explicitly agree to comply with and be bound by the following terms and conditions. YOU AGREE THAT YOUR USE OF THE SERVICES ARE ENTIRELY AT YOUR OWN RISK.
If you are younger than 13 years old you must not use Cosmotourist
§ 1 Ownership and copyright
Please respect that the “Sites Content” (our web site, all text, images, marks, logos and other content contained herein) is under copyright. Name and logo of Cosmotourist and other third parties you may find on our site are registered trademarks of Cosmotourist GmbH or other parties. Without the prior written permission of Cosmotourist (contact service@cosmotourist.net) or such other party that may own the trademarks nothing contained on this site may be construed as granting, by implication, estoppel or otherwise, any license or right to use any trademark.
§ 2 Use of this web site
Cosmotourist authorizes you to view, download and print a single Version of the site’s content subject to the following conditions:
- without the prior written permission of Cosmotourist GmbH you may not copy, modify, transmit, reproduce, republish, post, prepare derivative works from, distribute or display Site Content or any portion thereof, except as provided herein.
- you only may use the Site Content only for your own personal and non-commercial use;
- you may not remove or modify any trademark or copyright or other proprietary notices you find on the site;
When using the Site Content you represent and warrant that your use will be consistent with this license and will not infringe or violate the rights of any other party or breach any contract or legal duty to any other parties, or violate any applicable law.
§ 3 Warranty and liability
Cosmotourist GmbH makes no representation of any kind regarding the suitability of the Site Content, or any portion thereof, for any purpose. All Site Content is provided “AS IS” and Cosmotourist expressly disclaims any and all warranties of merchantability or fitness for particular use including all implied warranties. Cosmotourist also expressly disclaims any warranty or representation as to the accuracy or proprietary character of the Site Content.
You waive and covenant not to assert any claims or allegations of any kind whatsoever arising from or relating to your use of the website, including, without limitation, all claims and allegations relating to the alleged infringement of proprietary rights, the alleged inaccuracy of Site Content, or allegations that Cosmotourist has or should indemnify, defend or hold harmless from any claim or allegation arising from your use of other exploitation of the site.
You agree to hold harmless and indemnify Cosmotourist from and against any third party claim arising from or in any way related to your use of the service, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, Cosmotourist will provide you with written notice of such claim, suit or action. Ist das nicht das Gleiche?
Under no circumstances neither Cosmotourist nor the parties who provide information, services and material for publication within the Site Content shall be liable for any damages (regardless if the damages are direct, indirect, incidental, consequential, special or exemplary) of any sort arising from your use of the site. Whether or not Cosmotoursit has been advised of the possibility of such damages such limitation of liability shall apply whether the damages arise from use or misuse of and reliance on the service, from inability to use the service, or from the interruption, suspension or termination of the service (incl. such damages incurred by third parties) and notwithstanding any failure of essential purpose of any limited remedy and to the full extent permitted by law.
Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages the above limitations may not apply to you. Under no circumstances shall Cosmotourist be liable to you for any amount exceeding one thousand Euro.
§ Links to other sites
For content, services and products provided by sites, links on Cosmotourist are linking to, Cosmotourist is not responsible. Those sites are owned and operated by independent companies. Cosmotourist has no influence on the content shown and cannot make sure that you are satisfied by the services, business practices and products provided by those sites.
You should make whatever investigation you feel is needed before proceeding with any use of these sites.
§ 5 Tools for user generated content
Cosmotourist intends to offer communication and information tools and means for user generated content (e.g. chat rooms, bulletin boards, forums, photo albums). When using those services on Cosmotourist you expressly agree only to use them to send messages and to “post” (upload, post, publish, send, distribute, communicate) information which are appropriate* and related to the topic and context of the particular tool and not to provide any illegal content.
Even though Cosmotourist is forbidding such behaviour and the distribution of such content in connection with its service, you are aware and do consent, that you may find such content and behaviour on Cosmotourist and that you are using the service at your own risk
*Unappropriate conduct / information means:
· defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
· post any inappropriate, defamatory, infringing, obscene, or unlawful content;
· post any content that infringes any patent, trademark, copyright, trade secret or other proprietary right of any party (the "Rights"), unless you are the owner of the rights or have the permission of the owner to post such content;
· post messages that promote pyramid schemes, chain letters or disruptive commercial messages or advertisements, or anything else prohibited by the group / forum owner.
· download any file posted by another user of a group / forum that you know, or reasonably should know, that cannot be legally distributed in such manner;
· impersonate another person or entity, or falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is posted;
· restrict or inhibit any other user from using and enjoying the service;
· use the service for any illegal or unauthorized purpose;
· use the service for advertisements without prior written consent
· remove any copyright, trademark or other proprietary rights notices contained in or on the service;
· interfere with or disrupt the service or servers or networks connected to the service, or disobey any requirements, procedures, policies or regulations of networks connected to the service;
· use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the service or collect information about users for any unauthorized purpose;
· submit content that falsely expresses or implies that such content is sponsored or endorsed by Cosmotourist;
· create user accounts by automated means or under false or fraudulent pretenses;
· promote or provide instructional information about illegal activities or promote physical harm or injury against any group or individual; or
· transmit any viruses, worms, defects, Trojan horses, or any items of a destructive nature.
You agree not to post or distribute any information or material that is copyrighted by someone else without the express written consent of such party.
Cosmotourist will not be in any way responsible or liable for such posted content provided by its users and claims no proprietary rights of any kind. You are responsible for the content you post at Cosmotourist with all legal consequences. You agree to indemnify and hold harmless Cosmotourist from any claim arising out of or relating to your violation of this provision.
Cosmotourist does not edit or control all content provided by its users. Nevertheless Cosmotourist reserves the right for any reason in its sole discretion to remove without prior notice any contents of any such tool and mean.Cosmotourist claims no ownership or control over any Content submitted, Posted or displayed by you on or through the Service. You or a third party licensor, as appropriate, retain all patent, trademark and copyright to any Content you submit, Post or display on or through the Service and you are responsible for protecting those rights, as appropriate. By submitting, Posting or displaying Content on or through the Service, you grant Cosmotourist a worldwide, non-exclusive, royalty-free license to reproduce, adapt and publish such Content on the Service solely for the purpose of displaying, distributing and promoting the Service or any other Cosmotourist Services. This license terminates when such Content is deleted from the Service. Cosmotourist reserves the right to syndicate Content submitted, Posted or displayed by you on or through the Service and use that Content in connection with other services offered by Cosmotourist.
Cosmotorist does not warrant that your posted content is successfully saved / stored on its servers nor that it is not deleted after it has been successfully saved / stored.
§ 6 Advertising
Cosmotourist has the full right to place advertising which kind and which format so ever on pages with user generated content or any other pages.
Cosmotourist is not obliged to verify/check the content of the advertising.
§ 7 Registration
If you register for a service on Cosmotourist you need to provide us with accurate information. You are responsible for everything done under your User ID on Cosmotourist.
§ 8 Privacy policy
To use Cosmotourist you need to agree the privacy policy of Cosmotourist, which can vary from time to time. Cosomotourist makes notice of such changes by placing links on the Cosmotourist homepage or sending it via email. Please also see Cosmotourist privacy policy. You understand and agree that Cosmotourist may access, preserve, and disclose your personal information and the contents of your account in order to provide the Service or if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to comply with legal process or protect the rights, property and/or safety of Cosmotourist, its affiliates or the public. Personal information collected by Cosmotourist may be stored and processed in Germany or any other country in which Cosmotourist or its agents maintain facilities. By using the Service, you consent to any such transfer of information outside of your country.
§ 9 Digital Millennium Copyright Act compliance
Cosmotourist complies with the provisions of the Digital Millenium Copyright Act applicable to Internet service providers (17 U.S.C. § 512). If you have any complaints or objections to material posted on this site, or if you believe that material posted on this site infringes a copyright that you hold, you may contact our Designated Agent Content Director, at the following address:
Cosmotourist GmbH
Nymphenburgerstr. 14
80335 Munich, Germany
§ 10 Applicable law and jurisdiction
Cosmotourist GmbH is a German company. By accessing, using or publishing the Cosmotourist site or parts of it and its content and services you explicitly agree that for all possible disputes, claims or other matters arising from or relating your use of the site of Cosmotourist only German law is applicable and possible claims will be heard and resolved in a court located in Munich, Germany. . The CISG (UN jurisdiction) does not apply.
§ 11 Modifications
These Terms and Conditions of Use or any portion thereof may be changed, added or deleted from time to time in the sole discretion of Cosmotourist. It will be done with reasonable notice of any changes. Thereafter, you expressly agree to be bound by any such amended Terms and Conditions of Use.
If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Use to be unenforceable, the remainder of the Terms of Use will continue in full force and effect. You shall not assign these Terms of Use or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without our prior written consent. Any such purported assignment or delegation will be null and void and of no force or effect.
Cosmotourist may change, suspend, restrict or discontinue any aspect of its service, features and contents at any time and without any notice or liability.
Using Cosmotourist indicates your acceptance of such modifications.
§ 12 Miscellaneous Provisions
These Terms of Use constitute the entire agreement between you and Cosmotourist with respect to the subject matter hereof and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms of Use by a party will be effective only if in writing and signed by a party.
