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Terms of Use

By using folkd services ("Website and Software") and especially by the creation of a folkd member account you accept the following Terms of Use:

1. General Rules

1.1) You must be 18 years and older to use this site.
1.2) You are responsible for any activity that occurs under your screen name.
1.3) You are responsible for keeping your password secure.
1.4) You must not abuse, harass, threaten, impersonate or intimidate other folkd users.
1.5) You may not use folkd services for any illegal or unauthorized purpose. International users agree to comply with all local laws regarding online conduct and acceptable content.
1.6) You are solely responsible for your conduct and any data, text, information, screen names, graphics, photos, profiles, audio and video clips, links (“Content”) that you submit, post, and display on folkd service.
1.7) Folkd is intended for personal use only. Professional or corporate uses of folkd services is only allowed with a written and valid authorization of folkd administration team.
1.8) You must not modify, adapt or hack folkd or modify another website so as to falsely imply that it is associated with folkd.
1.9) You must not create or submit unwanted email ("Spam") to any folkd members - accounts created with the primary intention to promote a product or service. In case of a considered Spam, the folkd account will be closed.
1.9) You must not create, submit or link any sexually explicit material, racist content or content glorifying violence.
1.10) You must not transmit any worms or viruses or any code of a destructive nature.
1.11) You must not reengineer folkd services or use any 3rd party tools or scripts to access folkd in an undesired way.
1.11) You must not, in the use of folkd, violate any laws in the applicable jurisdiction (including but not limited to copyright laws).
1.12) You must not use any contacts, data or profile information of folkd in an unintended way without a written and valid authorization of folkd administration team.
1.13) You must not use folkd in any way that could damage, disable, overburden, or impair folkd service and especially folkd`s reputation (rating) system.
1.14) You may not create multiple folkd accounts (max 2 should be enough).

Violation of any of these agreements will result in the termination of your folkd account. While folkd prohibits such conduct and content, you understand and agree that folkd cannot be responsible for the Content posted and you nonetheless may be exposed to such materials and that you use the folkd service at your own risk.

2. Conditions

2.1) We reserve the right to modify or terminate the folkd service for any reason, without notice at any time.
2.2) We reserve the right to alter these Terms of Use at any time. If the alterations constitute a material change to the Terms of Use, we will notify you via folkd's internal messaging service or via internet mail. What constitutes a "material change" will be determined in good faith and using common sense and reasonable judgement.
2.3) We reserve the right to refuse service to anyone for any reason at any time.
2.4) We may, but have no obligation to, remove Content and accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Use.
2.5) The folkd service makes it possible to post content hosted on folkd to outside websites. This use is accepted (and even encouraged!). However, pages on other websites which display content hosted on folkd service must provide a link back to folkd.com from each item to the folkd main or details page.
2.6) Your account will also be terminated if it is used in a way the folkd administration team regards as intentional abuse - e.g. the creation of misleading or iniquitous contents.

3. Copyright

3.1) You assert that you have read, agreed to and will follow folkd`s copyright policy.
3.2) You will not produce copyright infringements by acting responsible and respect the intellectual property of others.
3.3) You will not support copyright infringements by spreading the links or not reporting to folkd administration team when getting knowledge of a possible problem.
3.4) You assert that you will recheck our policies when getting notice of changes or not later than six months since your last check.

4. Privacy

4.1) You assert that you have read and agreed to folkd`s privacy policy.
4.2) You assert that you will recheck our policies when getting notice of changes or not later than six months since your last check.

5. Disclaimer of Warranties

folkd.com disclaims any responsibility for any harm resulting from your use of folkd services.
folkd services are provided with no warranties whatsoever. folkd administration expressly disclaims to the fullest extent permitted by law all express, implied, and statutory warranties, including, without limitation, the warranties of merchantability, fitness for particular purpose, and non-infringement of proprietary rights. folkd.com disclaims any warranties regarding the security, reliability, timeliness, and performance of folkd software and website.
You understand and agree that you download and/or use folkd.com services at you own discretion and risk and that you will be solely responsible for any damages to your computer system or loss of data that results from the download or use of folkd services.

6. Limitation of Liability

With exclusion of intentional or grossly negligent acts, folkd.com shall under no circumstances be liable to any user on account of that user`s use or misuse of folkd software and services. Such limitation of liability shall apply to prevent recovery of direct, indirect, incidental, consequential, special, exemplary, and punitive damages whether such claim is based on warranty, contract or otherwise. Such limitation of liability shall apply whether the damages arise from use or misuse of and reliance on the folkd services, from inability to use folkd services, or from the interruption, suspension, or termination of folkd software and services (including such damages incurred by third parties). Such limitation shall apply notwithstanding a failure of essential purpose of any limited remedy and to the fullest extent permitted by law.

Some rights vary from country and jurisdiction, so some of the above limitations may not apply to you.


7. Miscellaneous Provisions

These Terms of Use will be governed by and construed in accordance with the laws of Germany, without giving effect to the conflict of law provisions or your actual state or residence. Place of Jurisdiction shall be, if legally permitted, Karlsruhe/Germany. If for any reason a court of competent jurisdiction finds any provision or portion of these Terms of Use to be unenforceable, the remainder of these Terms and Conditions will continue in full force and effect.

These Terms of Use constitute the entire agreement between the parties with respect to the subject matter hereof and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of these Terms of Use will be effective only if in writing and signed by folkd administration.


Report Ideas, Bugs or Problems

If you have comments on folkd Software and Website or ideas on how to improve it, please contact us. Please note that by doing so, you also grant us permission to use and incorporate your ideas or comments without further compensation.
Our administration team can be reached as follows:

feedback (AT) folkd DOT com


Effective Date: Mai 24, 2006

 
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