Terms of Use

Last updated: July 20, 2010



Welcome to the Web site of Cronimon, operated by Jannis und Nicolas Breitwieser GbR in Germany, Karlsruhe - also refered to as: Cronimon, we or us in the remainder of this document. The usage of Cronimon and the services provided by using this Web site (Site) are subject to these Terms of Use (Terms). By using any of our Services, you agree to be bound by, and use our Services in compliance with, these Terms of Use. This is a legal agreement between you and Cronimon. The most current version of these Terms can always be accessed through the "Terms of Service" link at the bottom of the Site. YOU ARE REQUIRED TO AGREE TO THESE TERMS OF USE IN ORDER TO USE CRONIMON.

Cronimon reserves the right to update and modify these Terms of Use at any time. We’ll let you know about important changes 30 days before they become effective. You will be notified by
E-Mail and a notice in the login-area. Updates and Features that might be added to the Service will be subject to the Terms. Should you continue to use the Service after any modifications, this will constitute your agreement to such modifications.


License to Use Cronimon

Subject to these Terms, we grant to you a limited, non-exclusive, non-transferable license to use our Services for your personal use or within your company and not for resale or further distribution. Your right to use our Services is limited by all terms and conditions set forth in these Terms. Except for your pre-existing rights and this license granted to you, we and our licensors retain all right, title and interest in and to our Services, including all related intellectual property rights. Our Services are protected by applicable intellectual property laws, including German copyright law and international treaties.

Except as otherwise explicitly provided in these Terms or as may be expressly permitted by applicable law, you will not, and will not permit or authorize any third party to:
  1. reproduce, modify, translate, enhance, decompile, disassemble, reverse engineer or create derivative works of any of our Services
  2. rent, lease or sublicense access to any of our Services
  3. circumvent or disable any security or technological features or measures of our Services.


Registration and Account Rules

To use chargeable plans, you must provide your name, date of birth, shipping address, name and adress of your company if applicable and an e-mail address. Full use of the Site and Services may require credit card authorization information for a credit card acceptable to Cronimon. You shall permit Cronimon to store and use this personal data provided by you for purposes of maintaining your account and for billing fees and other charges to your credit card as stated in our Privacy Policy. You authorize Cronimon to place a pending charge to your credit card when you provide your credit card information to Cronimon. Pending charges may be used to verify your billing address and the validity of your credit card, are temporary (typically 7 to 9 days), and will not be converted into an actual charge to you. Pending charges will, while pending, however, reduce the available amount of credit on you credit card in the amount of $1.00. By registering, you also consent to the disclosure of your name and shipping address to Cronimon users for shipping purposes. In addition, you agree to comply with the following terms:
  1. You shall maintain your account with up-to-date information
  2. You shall be responsible for maintaining the confidentiality and security of your account (e.g. chosing a strong password)
  3. You are entirely responsible for all purchases and other activities that occur through your account
  4. You shall immediately report any unauthorized use of your account to Cronimon, as well as any other breach of security
  5. You shall not share your password with any other person. You agree that you are entirely responsible for any and all activities that occur under your account, whether or not you are the individual who undertakes such activities.
  6. You shall not assign, sell or transfer your account to any other person
  7. Free accounts are limited to one per user. The registration and use of multiple free accounts will void the term of this agreement and will be subject to termination of all involved accounts
  8. You will not use our Services to harm us or third parties in any way


Cancellation

Cronimon reserves the right to terminate or suspend your access to the Services or Site. Reasons Cronimon may terminate or suspend your account shall include, but are not limited to, the violation of any of these Terms or failure to pay for Services. Upon cancellation or termination, you shall remain liable for all charges and fees incurred by you.


Privacy Policy

We may collect registration and other information about you through our Services. Our collection and use of this information is subject to our Privacy Policy.


Approval to receive E-Mail

By using the Site and Services, you agree to receiving E-Mail from Cronimon. These E-Mailings will include notices about your account (for example, triggered alerts, reports or billing information) and information concerning or related to the Site or Services, such as updates on service features. These E-Mailings are part of your relationship with Cronimon. This relationship will not be abused as you will only receive E-Mail when necessary or helpful.


Restrictions

You must comply with all applicable laws when using our Services. You will not permit anyone else to:
  1. store, copy, modify, distribute, or resell any of the information; audio, visual, and audiovisual works, or other content made available on our Services or compile or collect any Service Content as part of a database or other work
  2. use any automated tool (e.g., robots, spiders) to access or use our Services or to store, copy, modify, distribute, or resell any Service Content unless explicitly allowed by Cronimon (e.g. in our API-Descriptions)
  3. rent, lease, or sublicense your access to our Services to another person


Intellectual Property

You agree that the Site and Services, including but not limited to graphics, audio, video, APIs, software and editorial content, contain proprietary information and material that is owned by Cronimon and/or its licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright, and that you will not use such proprietary information or materials in any way whatsoever except for use of the Site and Services in compliance with these Terms. Except as expressly provided under these Terms, no portion of the Site or Services may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Site or Services in any unauthorized way whatsoever. The trademarks, logos and service marks (collectively, the "trademarks") displayed on the Site or Services, unless otherwise specified, are the registered and unregistered trademarks of Cronimon or their respective owners. Nothing contained on the Site or Services shall be construed as granting, by implication or otherwise, any license or right to use any trademark displayed on the Site or Services without the express written permission of the trademark owner.


Feedback

Whenever providing Feedback to us, you agree that we may, in our sole discretion, use the Feedback you provide to us in any way, including in future enhancements and modifications to our Services. You hereby grant to us and our assigns a perpetual, worldwide, fully transferable, sublicensable, irrevocable, royalty free license to use, reproduce, modify, create derivative works from, distribute, and display the Feedback in any manner any for any purpose, without in any media, software, or technology of any kind now existing or developed in the future, without any obligation to provide attribution or compensation to you or any third party.


Disclaimer of Warranties

YOUR USE OF THE SERVICES AND THE SERVICE CONTENT IS AT YOUR SOLE RISK. THE SERVICES AND THE SERVICE CONTENT EACH ARE PROVIDED ON AN AS IS AND AS AVAILABLE BASIS. WE DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF THE SERVICES OR ANY SERVICE CONTENT UNLESS OTHERWISE STATED IN AN SLA BETWEEN YOU AND CRONIMON. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM OUR SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. SOME COUNTRIES MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM COUNTRIES TO COUNTRIES. IN THIS CASE THE APPLICABLE REGULATION SHALL BE THE VALID REGULATION THAT FULFILLS THIS DISCLAIMER AS GOOD AS POSSIBLE.


Limitation of Liability

We will not be liable for any direct, indirect damages, damages for loss of profits, goodwill, use, data or other intangible losses resulting from your use of our services.


Indemnity

You will indemnify us for any damages or expensed caused by violation these terms. You also agree to be hold liable for any claims third parties may raise against Cronimon due to your violation of these Terms of Use.


Governing Law

German law applies to these Terms of Use. Your use of the Site and Services may also be subject to other local, state or federal laws. You expressly agree that exclusive jurisdiction for any claim or dispute with Cronimon relating in any way to your use of the Site or Services resides in the courts of Karlsruhe, Germany.


Miscellaneous

These Terms constitute the entire agreement between you and Cronimon and govern your use of the Site and Services, superseding any prior agreements between you and Cronimon. You may also be subject to additional terms and conditions that may apply when you use third-party content or third party-software. If any part of these Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the other provisions will remain in full force and effect. Cronimon will not be responsible for failures to fulfill any obligations due to causes beyond its control. No agency, partnership, joint venture or employment is created as a result of these Terms. All provisions of these Terms which by their nature should survive termination will survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.