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TERMS OF SERVICE


TERMS OF USE

EFFECTIVE DATE: APRIL 11, 2019

 

The Website is composed of various web pages operated by Martin Ochwat. “MO Website” shall be defined herein to include www.martinochwat.com and all other web pages operated or hosted exclusively by MO (“Services”).

The MO Website is offered to you conditioned on your acceptance without modification of the terms, conditions and notices contained herein. Your use of the MO Website constitutes your agreement to all such terms, conditions and notices.

 

MODIFICATION OF THESE TERMS OF USE

 

MO reserves the right to change the terms, conditions, and notices under which the MO Website is offered in our sole discretion, including but not limited to the changes associated with the use of the MO Website. Your continued use of the MO Website following the posting of revised Terms of Use means that you accept and agree to the changes.

MO reserves the right to disclose aggregated data, or information or statements we publish without attribution to any identifiable individual, or specific data or statements that you separately and specifically agree we can share with the larger public or media, without infringing upon the user’s confidentiality.

 

LINKS TO THIRD PARTY SITES

 

The MO Website may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of MO, and MO is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. MO is not responsible for webcasting or any other form of transmission received from any Linked Site. MO is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by MO of the site or any association with its operators.

 

HYPERLINKS TO THE MO WEBSITE

 

You may create text hyperlinks to the MO Website, provided such links do not, directly or indirectly, (a) portray MO or any of its products and services in a false, misleading, derogatory or otherwise defamatory manner; or (b) contain any adult or illegal material, or any material that is offensive, harassing or otherwise objectionable.

 

PASSWORDS AND ACCOUNT SECURITY

 

You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services. Accordingly, you agree that you will be solely responsible to MO for all activities that occur under your account. If you become aware of any unauthorized use of your password or of your account, you agree to notify MO immediately at martinochwat1@gmail.com. You agree to not share access to the MO Website.

 

USE OF COMMUNICATION SERVICES

 

The MO Website may contain services, such as blog posting or other facilities (collectively, “Communication Services”) designed to enable you to communicate with an individual, the public at large or with a group. You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. To use the Communication Services you represent and warrant that you are at least of 18 years of age.

By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

  • Advertise or offer to sell or buy any goods or services for any business purpose;
  • Conduct or forward surveys, contests, pyramid schemes or chain letters;
  • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
  • Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information;
  • Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents;
  • Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer;
  • Interfere with or disrupt the integrity or performance of the Communication Services, any portion or contents thereof, or related systems or networks;
  • Violate any applicable laws or regulations.

MO has no obligation to monitor the Communication Services. MO cannot verify the accuracy of statements that users make or place on or through the Communication Services, and does not guarantee that any materials uploaded by users have been submitted with the permission of the copyright or proprietary owner or are otherwise in compliance with these Terms.

Always use caution when giving out any personally identifying information about yourself in any Communication Service. MO does not control or endorse the content, messages or information found in any Communication Service and, therefore, MO specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service.

 

NO UNLAWFUL OR PROHIBITED USE

 

As a condition of your use of the MO Website, you warrant to MO that you will not use the MO Website for any purpose that is unlawful or prohibited by these terms, conditions and notices. Specifically, You are not allowed to (directly or indirectly): (a) resell or otherwise make commercial use of the MO Website or its contents; (b) collect or use any images, descriptions, or other content included in the MO Website contents, or any portion thereof; (c) copy, imitate, distribute, publicly perform, or publicly display any MO Website contents; (d) modify or otherwise make any derivative uses of the MO Website or its contents, or any portion thereof; (e) use data mining, robots or similar data gathering or extraction methods on the MO Website; (f) perform, or release or disclose the results of, any benchmark testing or vulnerability assessments of the MO Website; (g) introduce into the MO Website any viruses, trojan horses, malware, spyware, adware or other disruptive software, or any software code, which is designed to disrupt, damage, or perform unauthorized actions on a computer system; (h) remove or alter any proprietary notices or labels on or in the MO Website; (i) use the MO Website to directly or indirectly develop any product or service that competes with the MO Website; (j) download (other than page caching) any portion of the MO Website or its contents or any information contained therein, except as expressly permitted on the MO Website; or (k) use the MO Website or its contents other than for their intended purpose.

You may not use the MO Website in any manner, which could damage, disable, overburden, or impair the MO Website or interfere with any other party’s use and enjoyment of the MO Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the MO Website, including, but not limited to, data mining, robots, or similar data gathering and extraction tools.

 

MATERIALS PROVIDED TO MO OR POSTED TO ANY MO WEBSITE

 

MO does not claim ownership of the materials you provide to MO (including feedback and suggestions) or post, upload, input or submit to any MO Website (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting MO and necessary sub-licensees permission to use your Submission in connection with the operation of their businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; none of which will reveal your name in connection with your Submission unless you, the individual user, agree to permit such in a separate agreement with MO.

No compensation will be paid with respect to the use of your Submission, as provided herein. MO is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in MO’s sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

 

TERMINATION/ACCESS RESTRICTION

 

MO reserves the right, in its sole discretion, to edit, refuse to post, or remove any information or materials, in whole or in part, or to terminate your access to the MO Website and the related services or any portion thereof at any time, without notice.

 

COPYRIGHT

 

All contents of the MO Website are: Copyright 2019 by Martin Ochwat. All rights reserved.

 

TRADEMARKS

 

All MO trademarks are strictly owned by MO, and nothing in these terms can be construed to transfer ownership rights or grant any permission, license or other rights to any MO trademark without written authorization from MO.

The names of actual companies and products mentioned within the MO Website may be the trademarks of their respective owners.

Any rights not expressly granted herein are reserved.

 

INTERNATIONAL USERS

 

MO makes no claims regarding access or use of the Website or MO content outside of the United States. If you use or access the Website or MO content outside of the United States, you are responsible for compliance with the laws and regulations of your jurisdiction as well as these Terms of Use.

 

PRIVACY AND PERSONAL INFORMATION

 

For information about MO data protection practices, please read MO’s Privacy Policy. This policy explains how MO treats your personal information, and protects your privacy, when you use the Services. You agree to the use of your data in accordance with MO’s Privacy Policy.

 

LIABILITY DISCLAIMER

 

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE MO WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. MO MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THE MO WEBSITE AT ANY TIME.

MO MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE MO WEBSITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. MO HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MO BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE MO WEBSITE, WITH THE DELAY OR INABILITY TO USE THE MO WEBSITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE MO WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE MO WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF MO HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE MO WEBSITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE MO WEBSITE.

 

INDEMNIFICATION

 

Except as prohibited by law, you will hold MO and its officers, directors, employees and agents harmless for any indirect, punitive, special, incidental or consequential damage, however it arises (including attorneys’ fees and all related costs and expenses of litigation and arbitration, or at trial or on appeal, if any, whether or not litigation or arbitration is instituted), whether in an action of contract, negligence or other tortious action, or arising out of or in connection with these Terms, including without limitation any claim for personal injury or property damage, arising from (i) your use of and access to the Services; (ii) your violation of any of these Terms; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your content caused damage to a third party. This defense and indemnification obligation will survive these Terms and your use of the Services.

 

PERPETUITY RIGHTS

 

When these Terms come to an end, all of the legal rights, obligations and liabilities that you and MO have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this agreement shall continue to apply to such rights, obligations and liabilities indefinitely.

 

GENERAL LEGAL TERMS

 

The Terms constitute the whole legal agreement between you and MO and govern your use of the Services (but excluding any services which MO may provide to you under a separate written agreement), and completely replace any prior agreements between you and MO in relation to the Services.

You acknowledge and agree that the form and nature of the Services, which MO provides, may change from time to time with or without prior notice to you.

As part of MO’s continuing innovation, you acknowledge and agree that MO may stop (permanently or temporarily) providing the Services to you or to users generally at MO’s sole discretion, without prior notice to you. You may stop using the Services at any time.

Unless you have been specifically permitted to do so in a separate agreement with MO, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose. You agree that you are solely responsible for (and that MO has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which MO may suffer) of any such breach.

You acknowledge and agree that while MO may not currently have set a fixed limit on the number of transmissions you may send, receive or store/manage through the Services, such fixed limits may be set by MO at any time, at MO’s discretion.

You agree that if MO does not exercise or enforce any legal right or remedy which is contained in the Terms (or which MO has the benefit of under any applicable law), this will not be taken to be a formal waiver of MO’s rights and that those rights or remedies will still be available to MO.

If any disagreement or dispute arises regarding these Terms or any rights or obligations conveyed hereunder, the disagreement shall be resolved, whenever possible, by meeting and conferring. If such efforts are unsuccessful, either you or MO (collectively “Parties” or individually “Party”) shall seek a resolution via binding arbitration, to be conducted in the State of California and in accordance with the then-prevailing rules of the American Arbitration Association. Any award conferred shall be enforceable in any court of suitable jurisdiction in the State of California. The arbitration requirement does not apply to requests for injunctive relief.

The Terms, and your relationship with MO under the Terms, shall be governed by the laws of the State of Delaware, USA, without regard to conflict of laws provisions. You and MO agree to submit to the exclusive jurisdiction of the courts located within the State of Delaware to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that MO shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.

If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms, which will remain in full force and effect.