Terms & Conditions

 

 

Last Updated: March 29, 2013

 

This Terms & Conditions govern your use of our website (the "birgitstock Website"). By visiting the birgitstock Website you agree to the following:

 

1. Acknowledgment and acceptance of terms of use

 

By using or visiting the birgitstock Website you as a user agree with the general conditions of use of the page. If not, you may not use the Pages and its services.

 

2. Third-party Links

It can happen, that the birgitstock sites, services or materials may include links that will lead you to linked sites. These are other sites outside of the site that are provided by Birgit Stock to you as a convenience. The inclusion of the links do not imply any endorsement by Birgit Stock of any linked site. Birgit Stock has no control of the linked sites and you therefore acknowledge and agree that Birgit Stock is not responsible for the contents of any linked site, any link contained in a linked site or any changes or updates to a linked site. You further acknowledge and agree that Birgit Stock is not responsible for any form of transmission (e.g. webcasting) received from any linked site.

 

3. Privacy

By using, accessing or installing the Birgit Stock Services, you consent to these information collection and usage terms, including (where applicable) the transfer of data into a country outside of the European Union and/or the European Economic Area or the United States of America.

Birgit Stock respects your privacy rights and recognizes the importance of protecting any information collected about you. Please review our Privacy Policy, which is incorporated into this Terms and Conditions by this reference. By using, accessing or installing the Birgit Stock Services you explicitly agree with the Terms and Conditions of Birgit Stock’s Privacy Policy and to any Terms and Conditions included therein by reference.“Services” means all services made available by Birgit Stock. Software and Services are collectively referred to as "Services”.

 

4. Electronic communications

When you give us your contact data, you explicitly agree to receive communications from us. If you do not want to receive such communications, please review our Privacy Policy.

 

5. birgitstock website - Trademarks and copyrights

The birgitstock Website is protected by copyright and patent law. The copyright is owned by Birgit Stock. The pages of the birgitstock Website may be saved and/or printed exclusively for private use. No part of the website may be reproduced for commercial purposes or transmitted to a third party without the prior express permission in writing of Birgit Stock.

All graphics, logos, page headers, button icons, scripts, service names, audio files, sound documents and other works made commonly available on the birgitstock Website are subject to copyrights and patent laws. They may not be used, and especially not reproduced, without express permission for any purpose other than that specified in the conditions of the online offer.

 

6. Restrictions

In visiting the birgitstock Website, you agree to not engage in conduct that may be considered illegal or tortious including, without limitation, “hacking" the birgitstock Website, infringing the intellectual property or other proprietary rights of third-parties, modifying, altering, translating, reverse engineering, decompiling or disassembling the birgitstock Website or related documentation and creating derivative works based upon the same.

 

7. Feedback

We do not accept unsolicited feedback, suggestions or other information about the birgitstock Website or other aspects of our business. If you provide us with feedback or other ideas, we will be free to use any feedback provided by you for any purpose (without compensation to you) including, without limitation, improving its products and services and creating derivative products.

 

8. Disclaimer of warranties and limitation of liability

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW:

(A) WE MAKE NO REPRESENTATION, WARRANTY, AND/OR GUARANTEE OF THE SUITABILITY OF THE BIRGITSTOCK WEBSITE FOR YOUR PURPOSES, OR THAT THE USE OF THE SAME WILL BE SECURE, UNINTERRUPTED, ERROR-FREE, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR FUNCTION PROPERLY IN COMBINATION WITH ANY THIRD-PARTY TECHNOLOGY, HARDWARE, SOFTWARE, SYSTEMS OR DATA.

(B) THE SITE (INCLUDING ALL INFORMATION) AND THE SERVICES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED; AND

(C) BIRGIT STOCK AND ITS AFFILIATES, AGENTS, SERVICE PROVIDERS, EMPLOYEES, OFFICERS, DIRECTORS, CONSULTANTS, REPRESENTATIVES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, SUCCESSORS AND ASSIGNS (COLLECTIVELY , BIRGIT STOCK’S REPRESENTATIVES”) DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, MERCHANTABILITY, QUALITY, AND FITNESS FOR A PARTICULAR PURPOSE, ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE, AND ANY WARRANTIES THAT THE INFORMATION AND SITE IS CURRENT AND/OR UP-TO-DATE. BIRGIT STOCK AND BIRGIT STOCK’S REPRESENTATIVES DO NOT WARRANT THAT THE INFORMATION, SITE OR SERVICES, NOR YOUR USE OF THE FOREGOING, WILL BE COMPLETE, ACCURATE, CURRENT, RELIABLE, UNINTERRUPTED, ERROR-FREE OR SECURE, NOR THAT DEFECTS WILL BE CORRECTED, NOR THAT THE SITE OR THE SERVER(S) ON WHICH THE SITE IS HOSTED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL TELEPHONE, COMPUTER HARDWARE AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE THE SITE, AND ALL CHARGES RELATED THERETO. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND/OR SERVICES AND/OR INFORMATION AND YOUR RELIANCE THEREON. NO OPINION, ADVICE OR STATEMENT OF BIRGIT STOCK OR ANY OFBIRGIT STOCK’S REPRESENTATIVES, WHETHER MADE ON OR IN CONNECTION WITH THE SITE OR SERVICES OR INFORMATION SHALL CREATE ANY WARRANTY.

 

LIMITATION OF LIABILITY

IN NO EVENT WILL BIRGIT STOCK, BIRGIT STOCK’S LICENSORS OR CHANNEL PARTNERS BE LIABLE FOR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM POSSESSION, ACCESS, USE OR MALFUNCTION OF THE BIRGIT STOCK SERVICES, INCLUDING BUT NOT LIMITED TO, DAMAGES TO PROPERTY, LOSS OF GOODWILL, COMPUTER FAILURE OR MALFUNCTION AND, TO THE EXTENT PERMITTED BY LAW, DAMAGES FOR PERSONAL INJURIES, PROPERTY DAMAGE, LOST PROFITS OR PUNITIVE DAMAGES FROM ANY CAUSES OF ACTION ARISING OUT OF OR RELATED TO THIS TERMS AND CONDITIONS OR THE SOFTWARE, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY OR OTHERWISE AND WHETHER OR NOT BIRGIT STOCK, BIRGIT STOCK’S LICENSORS OR CHANNEL PARTNERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FOR PURPOSES OF THIS SECTION 9, BIRGIT STOCK’S LICENSORS AND CHANNEL PARTNERS ARE THIRD PARTY BENEFICIARIES TO THE LIMITATIONS OF LIABILITY SPECIFIED HEREIN AND THEY MAY ENFORCE THIS TERMS AND CONDITIONS AGAINST YOU. BECAUSE SOME STATES/COUNTRIES DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY, THIS LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. THIS LIMITATION OF LIABILITY SHALL NOT BE APPLICABLE SOLELY TO THE EXTENT THAT ANY SPECIFIC PROVISION OF THIS LIMITATION OF LIABILITY IS PROHIBITED BY ANY FEDERAL, STATE, OR MUNICIPAL LAW, WHICH CANNOT BE PRE-EMPTED. THIS TERMS AND CONDITIONS GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.

IN NO EVENT SHALL BIRGIT STOCK’S, BIRGIT STOCK’S LICENSORS’ OR CHANNEL PARTNERS’ LIABILITY FOR ALL DAMAGES (EXCEPT AS REQUIRED BY APPLICABLE LAW) EXCEED THE ACTUAL PRICE PAID BY YOU FOR USE OF THE SERVICES OR SOFTWARE OR FIVE EUROS (EUR 5), WHICHEVER LESS.

 

9. General

This Terms & Conditions and the Privacy Policy constitute the complete and final agreement between us with respect to your use of the birgitstock Website. This Terms & Conditions will be governed by the laws of Germany without regard to conflicts of law provisions, and the parties consent to the exclusive jurisdiction and venue of courts sitting in Munich. You agree that your breach of this Terms & Conditions will cause us immediate and irreparable harm and we will be entitled to seek injunctive relief without the necessity of posting bond. We are independent parties and nothing in this Terms & Conditions will create an employment or agent relationship. If any provision of this Terms & Conditions is held unenforceable for any reason, such provision will be reformed only to the extent necessary to make it enforceable and such decision will not affect the enforceability of such provision under other circumstances. The failure of either party to enforce any right or provision in this Terms & Conditions will not constitute a waiver of such right or provision.

 

10. Site policies, modifications, serverability

We may make changes to the birgitstock Website and our policies including, without limitation, this Terms & Conditions from time to time. All such changes will become effective immediately upon posting. If any of these changes are deemed invalid, void, or for any reason unenforceable, that change will be deemed severable and will not affect the validity and enforceability of any unchanged portions of the birgitstock Website or our policies including, without limitation, this Terms & Conditions. We may transfer or assign this Terms & Conditions (its terms, conditions and obligations) and the birgitstock Website, in whole or in part, to any third-party of our choosing. This Terms & Conditions will inure to the benefit of and be binding upon your respective successors and permitted assigns.

 

IF YOU HAVE ANY QUESTIONS, PLEASE CONTACT US.

 

© 2017 birgitstock All Rights Reserved.                                                 PrivacyPolicy   |   Terms&Conditions  |  Imprint