Terms of use for websites webphant.com and webphant.de

Below the terms of use for the websites webphant.com and webphant.de (conducted by i-dentify IT Solutions Mario Adam) are arranged. All terms are effective notwithstanding the user's nationality.

I. Content of the online offering

webphant.com / webphant.de conducted by i-dentify IT Solutions Mario Adam, Auf der Linde 11, 71334 Waiblingen, Germany, deals with the central collection of personal connection to foreign sites ("links").
Furthermore webphant.com / webphant.de offers the possibility to the user, to browse and search through the offered directories and links offered by the Netscape Communication Corporation under the name of dmoz. Thereby the acceptance of these terms of use includes the acceptance of the terms of use of dmoz.org, which can be found at this adress: http://dmoz.org/termsofuse.html.

II. Responsibilities/Commitments of the user

The websites webphant.com and webphant.de are available for a personal, non-commercial use of the user. They are only allowed to be used within legal manners, particularly with regard to these terms of use. With further use of these websites the user accepts these terms of use.

The user commits to not compose content that is:

• deliberately or grossly negligent untrue
• menacing, coercing, defaming, displeasing and/or pornographic
• racist, inciting, anticonstitutional and/or criminal/illegal
• breaching effective law, particularly rights on the part of any third parties e.g. label- and copyrights
• containing links or similar statements/references, that can be used to affect the functionality of foreign data processing equipment, particularly computers.

If a user infringes upon these terms, then i-dentify IT Solutions is authorised to amend, change or remove contents without any information to the user, particularly without any argues. Illegal content is deleted immediately. Furthermore i-dentify IT Solutions reserves the right to exclude users, that are infringing these terms massivly, from any further usageof the sites webphant.com and webphant.de.
Every attempt to breach the correct functionality of the websites webphant.com and webphant.de is prohibited. Particularly it is prohibited to attempt bypassing security functions, making changes to foreign computer systems, servers, routers or other devices connected to the internet, getting unauthorised access to such devices or breaching their functionality somehow or other.

III. Liability

i-dentify IT Solutions does not safeguard for completeness, actuality, correctness or any other quality of the provided information.
We indicate, that the publication of user content on the websites webphant.com and webphant.de does not represent a statement or position of i-dentify IT Solutions.
i-dentify IT Solutions reserves the right to make changes, amendments or deletions to the provided information without any former or other announcement. Furthermore i-dentify IT Solutions does not safeguard the continuous availability of content/data and information. i-dentify IT Solutions explicitly reserves the right to lock, change, amend or delete parts of this site, complete sites or the whole website for a freely defined timespan without any announcement or to stop the publication temporarily of definitely.
Every user agrees to use these contents on own risk. i-dentify IT Solutions assumes no liability for occuring malfunctions or faulty display at the computer system used by the user.
Furthermore i-dentify IT Solutions assumes no liability, that content displayed on this website is free from viruses and/or other codes/data structures, that can have a destructive or damaging effect. Furthermore the user is self-responsible for protecting his data processing systemsin this regard.
As far as legally allowed, liability claims to i-dentify IT Solutions, that refer to loss of property in a material or immaterial way, that is caused by the use or disuse of these websites and/or the provided information and the use of faulty, incomplete or outdated information respectively are categorical excluded, unless the damages were caused deliberately or grossly negligent by i-dentify IT Solutions. On the occasion of such damages i-dentify IT Solutions is only liable for the direct or typically predicted damage.
Deeper liability limits, nonliabilities and facilitations of limitation of claims in national laws and international agreements are excepted.

IV. Label- and Copyright

The content/data published on the websites webphant.com and webphant.(e.g. links, trademarks like logos etc., images, illustrations) are protected by law. Any sort of duplication propagation and other, particularly commercial utilisation, communication to the publich, changing and/or deletion is prohibited. This includes also the integration and presentation of content/data on foreign websites by interlinks, deep links or frames.
The compliance to the utilisation/use of the service provided by i-dentify IT Solutions can be requested at info@webphant.com.
Solely the making of a copy of content for a personal, not commercial use is permitted, provided that the origin is in evidence, e.g. by reference.
If you supect that on and through respectively the websites webphant.com and webphant.de your copyrights are breached, please inform us immediately at info@webphant.com, in order that things can be put right easy.

V. Excemption

The user commits to indemnify i-dentify IT Solutions from any claims of third parties also on first request, including adequate or by law regulated costs for prosecution, that rely on an incontractually, abusive and/or illegal use of these websites or its contents. The user supports i-dentify IT Solutions at the defense of such claims, particularly by providing all information required for defense. The user is commited to make up for the loss, that occurs for i-dentify IT Solutions through the successful achievement of such claims by third parties.

VI. Changes on terms of use

i-dentify IT Solutions reserves the right, to change/amend and/or renew these terms without the need for an anouncement to the user. The at a time actual version of these terms will be hold on the sites of webphant.com / webphant.de from the point of validity. Through the further use of these websites the user agrees with the changes to these terms.

VII. Applicable law / Jurisdiction

As far no obligatory regulations by law, particularly regulations on consumerism are opposed, the substantive law of Germany applies.
Jurisdiction for traders, persons without a general inland jurisdiction as well as persons which have relocated there domicil or common residence abroad or whose domicil or common residence is unknown at the time of bringing suit, as well as for passive lawsuits is the domicile of i-dentify IT Solutions. This does not apply, if international agreements imperatively envisage something other.

VIII. Safeguarding clause

In case that parts of this text do not, no longer or not completely accord to the effective legal position, all other parts remain unaffected in their validity and the invalid part gets substituted by such a one, that approaches most effective in law and economically justifiable.

Waiblingen, 2010-01-02