WEBSITE TERMS OF USE

These Terms of Use apply to the website of TASKING Germany GmbH (“TASKING”) located at www.tasking.com and all associated websites linked to that website by TASKING or its subsidiaries throughout the world (collectively, the “Website”).  The Website is the property of .  By using the Website you agree to these terms of use.  If you do not agree, please exit the Website and refrain from further use.

TASKING reserves the right in its sole discretion to modify, amend or add to these Terms of Use at any time. It is your responsibility to check the Website and these Terms of Use for such changes.  Your use of the Website after changes have been posted shall constitute acceptance of such changes.  So long as you agree to and comply with these Terms of Use TASKING grants you a non-exclusive, non-transferable limited license to enter and use the Website.        

TASKING reserves the right in its sole discretion to restrict, discontinue or otherwise terminate your access to and use of the Website or any portion of the Content (as defined below).

OWNERSHIP AND LEGAL PROTECTION

All content contained on the Website, including all text, graphics, trademarks and logos , sound, images and all underlying computer code (collectively, the “Content”), together with all associated trade dress or “look and feel” of the Content on the Website is exclusively owned by TASKING or its subsidiaries or licensed to it for use on the Website and is protected by numerous intellectual property and other laws, including but not limited to copyright, trademark, trade dress, design and unfair competition laws.  All rights in the Content are reserved.  Unless otherwise stated herein, no part of the Website may be copied, downloaded, reproduced, republished, translated, adapted, modified, performed in public, transmitted or uploaded to a third party or otherwise distributed in any manner (including “mirroring” or “framing”) without TASKING’s prior express written consent.  So long as you are in compliance with these Terms of Use, you may download information regarding TASKING products from the Website for your own informational and non-commercial use only, so long as you do not remove any proprietary notices contained in such downloads.  The right to copy such product information in no way grants you any other rights in the Content

RESTRICTIONS ON WEBSITE USAGE

The license granted to you to use the Website is expressly conditioned upon your refraining from any of the following activities, and such license shall automatically terminate in the event you do engage in any such activities whether TASKING discovers or is aware of such actions or not:

  • taking any action that creates an unreasonable traffic or other load on the Website or on any TASKING infrastructure that supports the Website;
  • gaining access to any protected area of the Website or to any of the infrastructure that supports the Website through hacking, password mining or other illegitimate means for discovering security information;
  • gaining access to the personally identifiable information of any visitor to the Website other than your own;
  • taking any action that interferes with or attempts to interfere with the proper working of the Website or with any other visitor’s use of the Website;
  • copying, downloading, reproducing, republishing, translating, adapting, modifying, performing in public, transmitting or uploading to a third party or otherwise distributing in any manner (including “mirroring” or “framing”) the Content or any portion thereof without TASKING’s prior express written consent;
  • using any device to automatically or manually scan, probe or monitor the Website or any portion thereof;
  • taking any action that modifies or attempts to modify any of the Content on the Website;
  • submitting any materials to TASKING via the Website that: a) are proprietary to you or any third party; or b) do not accurately identify you or identify you in a false way so as to hide your identity;
  • using the Website for any purpose not expressly permitted by these Terms of Use.

PRIVACY

TASKING’s Privacy Policy applies to the Website and is incorporated by reference into these Terms of Use. You may view such Policy by clicking on the Privacy Policy link on the Website home page.

LINKS TO OTHER WEBSITES

The Website may contain links to third-party, non-TASKING websites.  Such links are provided for your convenience only and TASKING does not control or endorse any such third-party websites nor is TASKING responsible for any damage that you suffer in linking to or interacting with such third-party websites.

PURCHASE OF TASKING PRODUCTS OR SERVICES

While the Website contains information concerning TASKING products and services and the manner in which you can purchase the same, such products and services are subject to additional terms and conditions not contained in these Terms of Use.  In the event of a conflict between these Terms of Use and such other specific terms and conditions related to a product or service, the latter shall govern.  TASKING may make changes to the information on the Website regarding its products and services but does not warrant or guarantee that all such information is at all times current and you should check with TASKING or a TASKING reseller in the event you have questions about the currency of such information. 

ACCOUNTS AND SECURITY

If at any time a portion of the Website requires that you open an account with TASKING you may be asked to provide an identifier and password for your account. It is your sole responsibility to maintaining the confidentiality of such account information and you are solely responsible for any activity undertaken in connection with your account in the event you fail to maintain confidentiality of the account information.

IDEA SUBMISSION

While TASKING remains committed to listening to its users about improving products or services, you understand that any ideas, inventions or materials (collectively, “Materials”) that you submit to TASKING using the Website shall become the exclusive property of TASKING and by submitting the same you relinquish all rights in the Materials upon their submission and waive any right to hold TASKING liable for its use of or failure to use such Materials in any way.

DISCLAIMER

Tasking does not guarantee that the Website will always be available, error-free or uninterrupted.  The Content on the Website is provided on an “as-is” basis and is subject to change at any time in TASKING’s sole discretion.  TASKING disclaims all warranties, express or implied, concerning the Website and its content, including but not limited to the implied warranties of merchantability and fitness for a particular purpose.  TASKING also disclaims any liability for any damage you suffer by downloading any files or content from the Website or from any third-party website to which TASKING’s Website is linked, whether due to a computer virus or any other reason.  Your sole remedy against TASKING for any claimed damage is to cease use of the Website or the Content.  tTis disclaimer applies to any claim or cause of action you may have, whether for breach of contract, negligence or any other tort or statutory cause of action whether now existing or later coming into existence.

LIMITATION OF LIABILITY

Except where prohibited by law, in no event shall TASKING be liable to you for any indirect, consequential, incidental, punitive or exemplary damages, including but not limited to lost profits or computer down time associated with your use of the Website or the Content, even if TASKING has been notified of the same. If for any reason this limitation of liability is not enforceable under applicable law and TASKING is held liable to you in connection with your use of the Website or the Content, you agree that the maximum damages that TASKING shall be liable for is 100 EUR. In the event you live in a jurisdiction that applies despite the choice of law in the below “Governing Law” section and which prohibits the limitation of liability according to this Section in relation to your use of the Website, this Section shall not apply to you without derogation of the application of the other Terms of Use to you. TASKING’s liability for willful misconduct shall remain unaffected.

INDEMNITY

You agree to indemnify, defend and hold harmless TASKING and its officers, directors, employees and agents from any demands, losses, liability, claims or expenses (including attorneys’ fees) arising out of your use of the Website or Content.

VIOLATIONS OF TERMS OF USE

TASKING may at any time take action to bar your continued use of the Website or Content if it determines in its sole discretion that you have violated these Terms of Use or any other agreements that you have entered into with TASKING. You also agree that any violation by you of these Terms of Use would be an unfair business practice for which monetary damages would not adequately compensate TASKING and that TASKING is entitled to injunctive relief if required to prohibit further violations. Such relief is in addition to and not in lieu of any other remedies that TASKING is entitled to seek in the event of any violation of these Terms of Use. In the event that TASKING does take legal action against you for any such violation and prevails, you shall be liable to TASKING for all reasonable expenses and attorneys’ fees associated with such legal action.

GOVERNING LAW; DISPUTE RESOLUTION

You agree that all disputes that arise out of or are in any way related to your use of the Website or the Content shall be governed exclusively by German law, without regard to its conflicts of law principles or rulings. You agree to the personal jurisdiction and venue of the state and federal courts in Munich, Germany in connection with any such dispute and waive any objection to such jurisdiction or venue unless such exclusive jurisdiction is prohibited by the laws of your residence, in which case you may bring your action in the country of your residence. Any claim that you have against TASKING related to the Website or Content must be brought within one (1) year of your discovery of the same or from when you reasonably could have discovered the same. Claims relating to your purchase of products or services from TASKING shall be governed by the agreements applicable to your purchase. Both parties agree that prior to taking legal action they will attempt in good faith to resolve the matter informally between them through at least some effort in discussing the same.

ADMINISTRATION OF WEBSITE

TASKING administers its Website and other related websites from various locations throughout the world.  Although the Website is accessible worldwide, not all features, products or services discussed or disclosed in the Content are available to all persons in all locations.  TASKING reserves the right in its sole discretion to limit the access of any TASKING product or service to any person in any geographic area notwithstanding reference thereto in the Content.  Any offer made on the Website is void where prohibited.  If you choose to access the Website from outside Germany you do so at your own risk and are solely responsible for complying with local laws.

These Terms of Use set forth the entire understanding and agreement between the parties in connection with your use of the Website and Content and supersede any and all other agreements regarding the same, whether in writing, oral or established by course of dealing.  You may not modify the terms of this Agreement without TASKING’s written consent.  If any portion of this Agreement is found by a court of competent jurisdiction to be void or unenforceable, such portion shall be eliminated to the minimum extent necessary without affecting the other provisions of these Terms of Use.  Any failure by TASKING to enforce any portion of these Terms of Use shall not be construed as or constitute a waiver by TASKING of any such portion or any other portion thereof.  You agree that there are no intended or permitted third party beneficiaries of these Terms of Use.