Terms and Conditions of use for WIFI-internet access in “Galeria Glogovia”
- The user ensures that all information given is complete and correct.
- The merchant accept no liability or risk of any kind for the actual availability of the Internet access, for data losses, or for the case that the Internet access is not suitable for a certain purpose. The Code provided by us may not be passed on to third parties. You agree that you will not use or attempt to use any “prohibited conduct”. “Prohibited conduct” includes any conduct that damages or is intended to damage or cause risk to us or our businesses, reputations, employees, or equipment, other customers or users, or any third person; or which, by its nature, a reasonable person should know violates another party’s rights or operation, use or enjoyment of the Service.
Prohibited Conduct specifically includes (but is not limited to):
- using the Service to do anything unlawful, misleading, malicious, or discriminatory;
- transmitting content or taking any action using the Service that infringes or violates someone else’s rights;
- transmitting content that is: hate speech, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence;
- collecting other users’ content or information, or otherwise accessing the Service through any means other than as permitted under these Terms, without prior permission;
- doing anything that could disable, overburden, or impair the proper working or appearance of the Service;
- uploading viruses or other malicious code;
- violating the rules, regulations, terms of service, or policies applicable to any network, server, computer database, service, application, system, or website that you access or use; and
- facilitating or encouraging any violations of these Terms.
- The user may further not use the Internet for downloading or divulging content that is protected by copyright law.
- The merchant shall charge the user for any legal or contractual liability in the case of malicious intent and gross negligence. If simple negligence is concerned, the merchant shall charge only for damages from harm to life, body or health. Any liability for the content of called-up websites or downloaded data, or any case of viruses that can be caused by use of the WIFI-Login is excluded. The user is responsible for sufficient virus protection and data security.
- The merchant shall provide the Internet connection to the user according to the realms of technical possibility.
- The user shall expressly take note that the merchants service exclusively enables access to the Internet, but includes no virus protection or firewall. The data transfer between the hotspot of the merchant and the hardware of the user is sent uncoded. It can, therefore, not be excluded that third parties could have access to the data sent. The user is obliged to arrange for sufficient coding of the transferred data so that the data traffic is protected from access by third parties.
- We do not provide technical assistance to assist wireless users connecting to the Service. We are not responsible for virus protection or any changes you make to your computer’s settings and cannot guarantee your hardware will work with the provided wireless connection, nor will we have any responsibility for the safety of equipment or for harm done to your device configurations, security, or data files resulting from connection to the Service.
- Without limiting any other available right or remedy, you agree that we shall have the right to take such actions as we deem to be appropriate to protect against violations of these Terms or abuse of the Service, or to otherwise protect our interests (e.g., removing, destroying or otherwise making unavailable offending material, temporary or permanent filtering, blocking access, or suspending/terminating service).
- You agree to release, defend, indemnify and hold merchant harmless from and against any and all claims, demands, actions, liabilities, costs (including all attorneys’ fees, experts’ fees and other costs) and damages arising out of or in connection with your use of the service, any prohibited conduct by you, or any violation by you of these Terms, any laws, or any third-party rights.
- Without prior notice, we may change, terminate, limit or suspend these Terms, the service or your use of the Service, in whole or in part, for any reason, including, without limitation, if we, in our sole discretion, believe you have violated, or are likely to violate, these Terms. Upon any termination of these Terms, your right to use the service shall immediately cease.
- The data provided by the user serves for verification and to avoid misuse. We further use anonymised data to optimize our offer and that of our sponsors and partners. This includes for example data of the device used (smartphone, notebook, tablet-PC or other gadgets), the Mac address of the device, browser type, as well as access data and time. No personal valuation or storage of this information takes place at any time. We guarantee that all personal data shall be used by us internally and only for the aforementioned purpose of verification pursuant to number 1 and the legal consequences of improper use (for example in case of criminal investigations) as well as for e-mail marketing purposes of the provider. Personal data shall not be passed on to third parties without the express permission of the user.
- These clauses and terms of conditions are subject to German jurisdiction and venue. Private international law is not applicable to questions and disputes arising from these terms and conditions or the use or miss-use of our service. The venue for conflicts out of this terms and conditions are exclusively local-mattered courts and federal courts of the Federal Republic of Germany.
- You may not assign or otherwise transfer your rights or obligations under these Terms without our prior written consent.
- These Terms constitute the entire agreement between you and us regarding their subject matter, and they supersede any prior or contemporaneous agreements or understandings, whether oral or written, between you and us regarding their subject matter.
- Under no circumstances will we be responsible or liable to you for any breach of this Agreement caused in whole or in part by any condition (for example, natural disaster, act of war or terrorism, riot, labor condition, governmental action, Internet disturbance) beyond our reasonable control.
- If any clause of these General Terms and Conditions of Use should prove to be ineffective or become ineffective, this shall not affect the validity of the remaining clauses.