General Terms and Conditions of Use
for the website china-devices.com
china-devices.com is operated by Monkey-Mobiles OG, Karl Lothringer Str. 47, 1210 Vienna, Austria as service provider, media owner and publisher (hereinafter “china-devices.com”).
1.1 By registering as a user (hereinafter “user”) with china-devices.com, you accept the following General Terms and Conditions of Use for the commercial and non-commercial use of china-devices.com (hereinafter “TCU”).
The use of china-devices.com is prohibited for persons under the age of 14.
The TCU shall apply to all entries published by users on the websites of china-devices.com. Any alternative arrangements must be made in writing.
1.2 The service offered by china-devices.com targets internet users who want to find information on mobile phones, tablets and their operating systems and/or would like to share information about mobile telephones and tablets and their operating systems with other users (hereinafter collectively referred to as scope of services).
The user must register in order to be able to make use of the full scope of services.
1.3 Registered users can upload content to china-devices.com. Contents can consist of – provided technically possible – texts, images, films and software. A prerequisite for the provision of content is that the respective user must hold the necessary rights to publish the contents. Upon providing content, the user declares that he/she owns all the rights required to publish it.
2. Scope of services:
2.1 The platform operated by china-devices.com is free of cost for private, non-commercial use. The scope of services is derived from the functions contained on the china-devices.com website.
2.2 The commercial use of china-devices.com must be agreed separately and is not the subject of these Terms and Conditions of Use.
3. Registration and conclusion of contract by users:
3.1 The user must register before being authorised to upload content to china-devices.com.
3.2 The user is obligated to complete all data required for registration truthfully and completely.
3.3 The user may register only once and create only one user profile. If there are changes to the provided data, the user shall be obligated to make these changes known immediately.
3.4 The user is not entitled to registration. china-devices.com reserves the right not to register users without further statement of reasons and to delete or block existing users. By registering, the user does not acquire entitlement to the use of china-devices.com.
3.5 The user undertakes not to choose usernames that are profane, offensive or contain brand names and/or create the impression that the user is a representative of china-devices.com. Moreover, usernames may not contain misleading terms with respect to the user’s capacity or infringe against the rules of conduct.
3.6 The user undertakes to keep his/her password secret and not to pass the password on to third parties. Likewise, china-devices.com engages to keep the password secret. Therefore, the user is responsible for all content uploaded to china-devices.com under his/her username.
3.7 By completing registration, the user makes an offer to conclude a contract for the use of china-devices.com. By activating the user’s account, china-devices.com accepts this offer.
3.8 As china-devices.com is unable to determine which natural person or legal entity actually holds a given user profile, china-devices.com shall assume no warranty for the true identity of its users.
4. User’s rights and obligations
4.1 The user shall be responsible for the content uploaded to china-devices.com under his/her username. In this respect, the user shall comply with the general rules of conduct that constitute an integral part of the present terms and conditions of use and may be accessed anytime at http://forum.china-devices.com/index.php?threads/welcome-board-rules.2/
4.2 The user shall have no entitlement to publication of content he/she provides. china-devices.com reserves the right to not publish any content without further statement of reasons or notification, or to remove or delete already published content from the website. The user shall be responsible for ensuring that content provided by him/her does not infringe any competition, trademark, personality, or copyrights held by third parties and that the user is authorised to publish the content on china-devices.com.
4.3 The user engages to use the contents only to the extent of the possibilities offered on the china-devices.com website.
4.4 If the user receives data from other users (not conclusively listed: name, contact data), the receiving user engages to keep this data confidential and not to allow third parties access to this data.
4.5 The user engages to hold harmless and indemnify china-devices.com from all third party claims related to the user’s content.
4.6 The user shall grant china-devices.com the right of use to the content uploaded by the user to the extent that china-devices.com is permitted to publish the contents on both its own print and online media and the cooperation partners of china-devices.com are permitted to publish the content on their websites.
4.7 The user shall bear all costs incurred to china-devices.com that arise due to infringement of third party rights related to the contents provided by the user. This shall also include legal costs. This is without prejudice to all further rights as well as claims for damages by china-devices.com against the user.
4.8 china-devices.com assumes no liability for contents a user has published on china-devices.com.
4.9 Users and affected parties who feel their rights have been infringed by content, can report these potential interferences to china-devices.com using the e-mail address firstname.lastname@example.org.
5. General information:
5.1 Changes to the website and the General Terms and Conditions of Use for china-devices.com:
5.1.1 china-devices.com shall be entitled to change its website and the present Terms and Conditions of Use anytime without the user’s approval.
5.1.2 The new Terms and Conditions of Use shall take effect within seven days of the communication of the new Terms and Conditions of Use to all registered users. The users are given the possibility to object to the Terms and Conditions of Use via e-mail within the given deadline.
6. Caveat emptor and disclaimer of warranty
6.1 china-devices.com assumes no liability for the availability of services of china-devices.com or for its own actions or the actions of vicarious agents (with the exception of personal injury) if these were not performed with gross negligence. In the same way, china-devices.com shall not be liable for any data losses. The compensation of damage of any kind resulting from third party claims shall be excluded.
6.2 china-devices.com accepts no liability whatsoever if the user passes on his/her own data or the data of third parties. In addition, china-devices.com assumes no liability for the results if the user meets other users personally as a result of china-devices.com.
6.3 china-devices.com shall not be liable for the storage, transmission or correct display of contents provided by the users. Furthermore, china-devices.com assumes no liability for the currentness, accuracy or quality of the contents displayed.
7. Legal venue:
7.1 Austrian law is applicable. The UN convention on contracts for the international sale of goods is excluded. Any arising disputes shall be brought before the respective court having subject-matter jurisdiction in Vienna.
8. Privacy terms:
8.1 The privacy terms provided at http://www.china-devices.com/privacy/ shall apply. These form an integral part of the present Terms and Conditions of Use.