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Terms of Services and Conditions

The TMP Medien provides its service to you, subject to the following terms of service, which may be updated from time to time without notice. You are encouraged to check back frequently, as our terms of service may change.

TMP Media, Adam-Ries-Str. 15, 08062 Zwickau, GERMANY (hereinafter: “we” or “TMP Medien”) operates an online shop for digital goods and services on the website https://milestonepage.com. The following general terms and conditions apply to all services between us and our customers (hereinafter: "customer" or "you") in the version valid at the time of the order, unless otherwise expressly agreed.

Description of services

TMP Medien currently provides users with access to a collection of websites (the "service"). You understand and agree that the service may include advertisements, sponsored links, promotional listings, or paid placement. You also understand and agree that the service may include certain communications from TMP Medien, such as service announcements, administrative messages and the TMP Medien newsletter, and that these communications are considered part of the service. Unless explicitly stated otherwise, any new features enhancing the current service, including the release of new TMP Medien features and services, shall be subject to the terms of service. Please be aware that TMP Medien has created certain areas on the service that contain adult or mature content. You must be at least 18 years of age to access and view such areas.

Registration

If you choose to register a password protected user profile with TMP Medien which is required only if you want to submit your site for review, nominate your site, or take advantage of such other services as may be offered only to users with a profile, you agree to:

  • provide true, accurate, current and complete information about yourself and
  • maintain and promptly update the Registration Data to keep it true, accurate, current and complete.

If you provide any information that is untrue, inaccurate, not current or incomplete, or TMP Medien has reasonable grounds to suspect that such information is untrue, TMP Medien has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).

Password and security

You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to immediately notify TMP Medien of any unauthorized use of your password or account or any other breach of security. TMP Medien is not liable for any loss or damage arising from your failure to follow these instructions.

Privacy policy

Registration data and certain other information about you is subject to our privacy policy. For more information, see our full privacy policy at https://milestonepage.com/privacy.

Indemnity

You agree to indemnify and hold TMP Medien, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of sites you submit, or make available through the service, your use of the service, your connection to the service, your violation of the terms of use, or your violation of any rights of another.

General use

You acknowledge that TMP Medien reserves the right to deactivate accounts that violate our terms of use, or violate our submission policies. You further acknowledge that TMP Medien reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

Modifications of service

TMP Medien reserves the right at any time to modify or discontinue, temporarily or permanently, the service (or any part thereof) with or without notice. You agree that TMP Medien shall not be liable to you or to any third party for any modification, suspension or discontinuance of the service.

Termination

You agree that TMP Medien, in its sole discretion, may terminate your password, account (or any part thereof) or use of the service, and remove and discard any site within the service, for any reason, including, without limitation, if TMP Medien believes that you have violated the terms of use. TMP Medien may also in its sole discretion and at any time discontinue providing the service, or any part thereof, with or without notice. You agree that any termination of your access to the service under any provision of this terms of use may be effected without prior notice, and acknowledge and agree that TMP Medien may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the service. Further, you agree that TMP Medien shall not be liable to you or any third-party for any termination of your access to the service.

Advertisers

Your dealings with advertisers found on or through the service are solely between you and such advertiser. You agree that TMP Medien shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the service.

Links

The service provides links to other websites or sources. Because TMP Medien has no control over such sites, you acknowledge and agree that TMP Medien is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that TMP Medien shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

Proprietary rights

You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of our service, use of the service, or access to the service.

You acknowledge and agree that the service contains proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that content contained in sponsor advertisements or information presented to you through the service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by TMP Medien or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the service, in whole or in part.

Disclaimer of warranties

You expressly understand and agree that ...

  • your use of the service is at your sole risk. TMP Medien expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
  • TMP Medien makes no warranty that the service will meet your requirements, the service will be uninterrupted, timely, secure, or error-free, the results that may be obtained from the use of the service will be accurate or reliable, and the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations.
  • no information, whether oral or written, obtained by you from TMP Medien or through the service shall create any warranty not expressly stated in the terms of use.
Limitation of liability

You expressly understand and agree that TMP Medien shall not be liable for any damages, including but not limited to, damages for loss of profits, use, data or other intangible losses resulting from:

  • the use or the inability to use the service,
  • the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service,
  • statements or conduct of any third party on the service, or
  • any other matter relating to the service.
Exclusions and limitations

Somethimg jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.

Copyright

TMP Medien respects the intellectual property of others, and we expect our users to do the same. If you believe that your work has been infringed or your intellectual property rights have been otherwise violated, please provide the following information:

  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright,
  • a description of the infringed copyrighted work,
  • a description of where the infringing material is located on the site,
  • your address, email address and telephone number,
  • a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law,
  • a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

The notice of claims of copyright infringement should be sent via certified mail to:

TMP Medien
Adam-Ries-Str. 15
08062 Zwickau
GERMANY

Final provisions

German law applies. For consumers, this choice of law only applies insofar as this does not remove the protection granted by mandatory provisions of the law of the state in which the consumer is habitually resident (favourability principle). The provisions of the UN sales law expressly do not apply.

If the customer is a businessman, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider is the provider's registered office.

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