Medion Service Community Terms of Use
 

Effective as from 01st July 2015
 

This document (the “Agreement”) is a legally binding agreement between you and MEDION UK (“MEDION”) that governs your use of MEDION’s support community available at http://community.medion.com (the “MEDION Service Community”). In addition to the Agreement, you also agree to adhere to the MEDION Service Community Guidelines (the “Guidelines”) and the MEDION Privacy Policy (the “Privacy Policy”) when using the MEDION Service Community. The MEDION Service Community is a place for discussions, and exchange of information, tips and other materials related to the MEDION Services. The MEDION Service Community can be accessed following creation of a support account in accordance with the instructions provided on the registration page (a “MEDION Community Account”). Please note that you must read and agree to the terms and conditions of this Agreement and the Guidelines before you use the MEDION Service Community. If you do not agree to the terms and conditions of the Agreement or the Guidelines, you may NOT use the MEDION Service Community.

1. Contract formation

   By creating a MEDION Service Community Account, you confirm that any registration information that you submit to MEDION is true, accurate and complete, that you will update such information in order to keep it current, and that you agree to the terms and conditions of this Agreement and the Guidelines. You agree to not include photos, trademarks, trade names, logos or other information in your profile that is inappropriate or offensive or that infringes privacy rights or intellectual property rights of MEDION or any of its affiliates or group companies (together, the “MEDION Group”), or a third party. In addition, it is strictly prohibited to include information in your profile that suggests that you are a MEDION employee or moderator, or otherwise pose as such an employee or moderator when using the MEDION Service Community. You also acknowledge and agree that MEDION may remove or reclaim your username at any time if MEDION in its absolute discretion considers such action appropriate.

2. Changes to the Agreement

   MEDION may make changes to this Agreement at its sole discretion. Any material changes will be communicated to you and your acceptance of and / or continued use of the MEDION Service Community after such notification of changes to this Agreement will constitute your acceptance of such changes.

3. No official support

   Information, advice or other material of any kind posted on the MEDION Service Community (“Content”) is not official support provided by MEDION. For official support with account related and payment related questions, please submit a ticket to our customer service department using the contact form. You acknowledge that opinions expressed in Content on the MEDION Service Community are those of contributors of such Content only and does not reflect the opinions or policies of MEDION.

4. Content Posted and Moderation

   You are responsible for all Content that you post on the MEDION Service Community. MEDION does not control and assumes no responsibility for such Content or any Content posted by other users. Any Content provided to you by MEDION employees or moderators are provided on an “as is” basis without warranties of any kind.

5. Moderation

   MEDION will actively moderate the activity on the MEDION Service Community and may remove or edit any Content for any or no reason, including, but not limited to, Content that, in MEDION’s sole discretion, violates this Agreement or the Guidelines. MEDION may remove or edit such Content without prior notification to the responsible user.

6. Restrictions of use

   You are not allowed to post Content on the MEDION Service Community which conflicts with this Section 6 or otherwise with this Agreement or the Guidelines. You acknowledge and agree that posting of such Content may result in immediate termination or suspension of your MEDION Support Account. Prohibited Content includes, but is not limited to, Content that, in the sole discretion of MEDION:

   1. is offensive, abusive, defamatory, pornographic, threatening, obscene;
   2. is illegal, or intended to promote or commit an illegal act of any kind, including but not limited to, violations of intellectual property rights, privacy rights or proprietary rights of MEDION or a third party;
   3. includes personal data of third parties or is intended to solicit such personal data;
   4. includes malicious content, such as malware, trojan horses or viruses;
   5. includes your or any other user’s password;
   6. involves the transmission of unsolicited mass mailing or "spamming", or junk mail, chain letter or similar;
   7. involves commercial or sales activities, such as advertising, contests, sweepstakes, or pyramid schemes;
   8. links or references to commercial products or services;
   9. interferes with or disrupts the MEDION Service Community;
   10. or conflicts with the Guidelines.
7. Reward Program

   The MEDION Service Community features a reward system whereby MEDION, in its sole discretion, may reward users based on the amount of “Kudos” received or quality of responses by a user. You agree to only give Kudos to other users and only when deserved, and to refrain from any attempts to manipulate the reward system e.g. by creating multiple accounts or artificial responses. You acknowledge that MEDION’s decision in respect of any reward shall be final and binding.

8. Limited license

   You grant the MEDION Group a non-exclusive, royalty-free, perpetual, worldwide license to use, reproduce, modify, make available to the public, publish, translate, create derivative works from and distribute any Content that you post on or otherwise provide through the MEDION Service Community and to exercise all copyright and publicity rights with respect to such Content.

9. Term and termination

   This Agreement will become effective in relation to you when you create a MEDION Community Account and will remain in effect until you terminate your MEDION Community Account or the earlier termination by MEDION thereof. You may terminate your MEDION Community Account at any time by sending a request to datenschutz@medion.com . MEDION reserves the right to terminate or suspend your MEDION Community Account at any time in case of use which, in MEDION’s sole discretion, is in contravention of this Agreement or the Guidelines. If MEDION terminates or suspends your MEDION Community Account for any reasons whatsoever, MEDION or other companies of the MEDION Group, shall have no liability or responsibility to you. Please note that if your MEDION Community Account is terminated by you or MEDION for any reason, Content that you have posted will be kept in the MEDION Service Community in an anonymized form.

10. No warranty

    The use of the MEDION Service Community is at your own risk. The MEDION Service Community is provided on an “as is” and “as available” basis. To the fullest extent possible under applicable law, MEDION gives no warranty, express or implied, as to the quality, content and availability or fitness for a specific purpose of the MEDION Service Community. In addition, MEDION does not warrant, endorse, guarantee or assume responsibility for any Content posted on the MEDION Service Community or any hyperlinked website. As with any information or advice, obtained through any medium or in any environment, you should use your judgment and exercise caution where appropriate. No advice or information whether oral or in writing obtained by you from MEDION or any other company of the MEDION Group shall create any warranty on behalf of MEDION or the MEDION Group in this regard.

11. Limitation of liability

    In no event shall MEDION, the MEDION Group, officers, directors, employees, licensors of the MEDION Group or any third parties be liable for any direct, indirect, incidental, special or consequential damages (including but not limited to any loss of data, service interruption, computer failure or pecuniary loss) arising out of the use of or inability to use the MEDION Service Community, even if you have advised MEDION about the possibility of such loss, and including any damages resulting therefrom. Your only right with respect to any problems or dissatisfaction with the MEDION Service Community is to terminate your account as set out in Section 9 above and to stop using the MEDION Service Community. Nothing in this Agreement removes or limits MEDION’s liability for fraudulent misrepresentation, death or personal injury caused by its negligence.

12. Indemnity

    You agree to indemnify and hold MEDION, the MEDION Group and its officers, directors, employees and licensors harmless from any claim or demand (including but not limited to reasonable legal fees) made by a third party due to or arising out of or related to your violation of the terms and conditions of this Agreement or the Guidelines, or your violation of any laws, regulations or third party rights.

13. Intellectual property

    MEDION respects intellectual property rights, and expects you to do the same. Please note therefore that the MEDION Service Community is the property of MEDION, the MEDION Group or its licensors and protected by intellectual property rights (including but not limited to copyright) and that you do not have a right to use the MEDION Service Community in any manner not covered by the Agreement or the Guidelines. Furthermore, you must not infringe any third party’s intellectual property rights or proprietary rights in using the MEDION Service Community, which means that (for example) you may not post Content on the MEDION Service Community, unless you have obtained sufficient legal right to do so. Further, you may not remove or alter any copyright, trademark or other intellectual property notices contained on or provided through the MEDION Service Community.

14. Technology limitations and modifications

    MEDION will make reasonable efforts to keep the MEDION Service Community operational. However, certain technical difficulties or maintenance may, from time to time, result in temporary interruptions. MEDION reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the MEDION Support Community or any of its functions and features with or without notice. If MEDION modifies or discontinues the MEDION Service Community for any of the reasons set out above in this Section 14, MEDION or any other company of the MEDION Group, shall have no liability or responsibility to you.

15. Privacy

    When you sign up for a MEDION Community Account, MEDION will transfer certain personal information such as your email address and your MEDION username to the third party hosting the MEDION Service Community (the “Hosting Partner”). The Hosting Partner is only allowed to use your personal information in order to provide the MEDION Service Community. In addition, when you use the MEDION Service Community, we and the Hosting Partner will automatically receive information about your use, including personal information such as, queries you make, date and time of your request, your Internet protocol address, performance of your network and computer, your browser type, language and identifying information, your operating system and application version. When you register a MEDION Community Account, we will ask you to create a specific MEDION Service Community username which will be publicly displayed for all the users of the MEDION Service Community when you post Content. MEDION processes personal information on servers in a number of countries. We may therefore transfer and process your personal information on a server outside your country or subcontract our processing to third parties located in such countries, including countries outside the European Economic Area. However, we will always do so in accordance with this Agreement, the Privacy Policy and applicable law. By approving this Agreement, you consent to such transfer of your personal information. You can access and update some of the personal information stored about you through the MEDION Service Community. If you wish to update or delete personal information that we retain, you may also contact us by sending a request datenschutz@medion.com . Please note that MEDION will retain Content that you have posted in an anonymized form when your MEDION Support Account is terminated. In addition, by sending a personally signed written request to the MEDION postal address set forth below, we are obliged to provide you with information as to the personal information that we store, how such information has been collected and for what purposes, and the categories of recipients to which such information has been disclosed. Such information will be provided to you maximum one time per calendar year. MEDION will, upon verification of your identity, respond to your requests within a reasonable period of time.

16. Assignment by MEDION

    MEDION may assign this Agreement or any part of it without restrictions. You may not assign this Agreement or any part of it to any third party.

17. Entire agreement

    This Agreement together with the Guidelines and the Privacy Policy (the “Agreements”) constitute all the terms and conditions agreed upon between you and MEDION and supersede any prior agreements in relation to the subject matter of these Agreements, whether written or oral. Any additional or different terms or conditions in relation to the subject matter of these Agreements in any written or oral communication from you to MEDION are void. You agree and accept that you have not accepted the terms and conditions of the Agreements in reliance of or to any oral or written representations made by MEDION not contained in the Agreements. In the event of any conflict between the provisions of the Agreement and the provisions of the Guidelines or the Privacy Policy, the provisions of the Agreement shall prevail.

18. Severability

    Should for any reason or to any extent any provision of the Agreements be held invalid or unenforceable, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of the Agreements and the application of that provision shall be enforced to the extent permitted by law.

19. Governing law and disputes

    This Agreements shall be governed and construed in accordance with the laws of the country of your residence. Any dispute, controversy or claim arising out of or in connection with the Agreements will be subject to the non-exclusive jurisdiction of the court or other tribunal closest to your home with the appropriate knowledge and expertise to deal with such dispute, controversy, or claim.