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Last revised on August 2003
THE AGREEMENT BETWEEN USER AND "arcurio ®"
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THIS WEB "arcurio ®"WEB SITE(S)
OR PURCHASING ANY PRODUCT OR SERVICES PUBLISHED BY "arcurio ®"; Tannenstrasse 6,
82049 Pullach, Germany.
This Agreement (the “Agreement”) is made between "arcurio ®", (the “Company,”
“we” or “us”) and you. This Agreement sets forth the legal terms and conditions
for your use of this web site and any other "arcurio ®", r web site(s) and for
your purchase and/or use of any "arcurio ®", goods, services such as
subscriptions, Groups, chats or in connection with the "arcurio ®" business
opportunity (collectively referred to hereinafter as, “Offerings”). This
Agreement also provides information o n how to become an "arcurio ®“Distributor.
Your use of "arcurio ®" web site(s), including all web pages (collectively, the
“Site”) and all information, data, text, software, information, images, sounds
or other materials (collectively, the “Content”) contained therein, or your use
or purchase of any other Offerings confirms your acceptance of this Agreement
and is subject to your continued compliance with the terms and conditions of
this Agreement.
1. MODIFICATIONS
"arcurio ®" reserves the right at any time to:
• Change the terms and conditions of this Agreement;
• Enhance, add to, modify or discontinue the Site or other Offerings, or any
portion of the Site or other Offerings, at any time in our sole discretion.
2. LINKS TO 3rd PARTY VENDORS AND INDEPENDENT DISTRIBUTOR WEB SITES
Certain "arcurio ®"-Sites contain the presentations and links to 3rd party
vendors Website. These might be partly bundled in the "arcurio ®"Sites other way
round (further on as “bundled Websites”). "arcurio ®" undertakes no
responsibility for the content, products, respectively updates of such bundled
Websites. The Independent Distributors may have their own Internet web sites. It
is the sole responsibility of each Independent Distributor to ensure that its
web site content is accurate and that it fully complies with all "arcurio
®"-rules, policies and procedures, including not limitation, User Conduct &
Distributor Policies, and all applicable federal and state rules and
regulations. "arcurio ®" DISCLAIMS ANY AND ALL LIABILITY ARISING OUT OF OR
RELATED IN ANY WAY TO BUNDLED WEBSITES; which are merely provided to you as an
additional service. Our provision of such links is not an endorsement of any
information, product or service reached through such link.
"arcurio ®" hold no responsibility for the purchase case that occurs between you
and 3rd party vendor (including advertising customer) or another advertising
participant. The agreed conditions such as supply and payment terms, warranty
and insurance policies are valid exclusively between you and 3rd party.
3.USER CONDUCT
You are responsible for any and all Content that you send to us.
You may not use the Site or other Offerings or any information that you get from
the Site or other Offerings to:
• interfere with any other user’s use of the Site or other Offerings;
• conduct any unlawful activity;
• intentionally solicit or harm minors in any way;
misrepresent your own identity or any affiliation that you may have;
• modify, adapt, sub-license, translate, sell, reverse engineer, decompile or
disassemble any portion of the Site or other Offerings; break open the codes or
acquire illegally the passwords
• alter or remove any copyright, trademark or other proprietary rights notices;
• “frame”, “mirror” or “deep link” any part of the Site or other Offerings
without our prior written authorization; or
• link to any page within the Site or other Offerings from any web site or web
page that makes any claims as to the wooden toys and models of any type, whether
or not such type is produced, marketed, sold or distributed by us.
4. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
4.1. Although we attempt to maintain the integrity of the Site and other
Offerings, we make no guarantee as to the accuracy or completeness of the Site
or other Offerings. If you believe that you have discovered an error in the Site
or other Offerings, please contact us at contact@arcurio.com and include, if
possible, a description of the error, its URL location and your contact
information. We will make reasonable efforts to address your concerns.
Independently, "arcurio ®" as well as EXQUISITE TOY & JOY OR SUPPLIERS RESERVE
THE RIGHT TO IMPROVE AND UPDATE THE WEBSITE.
4.2. By using the Site or other Offerings, you expressly agree that:
• The Site and other Offerings are provided on an “as is” and “as available”
basis. We disclaim all warranties of any kind, whether express or implied,
including, but not limited to the implied warranties of merchantability, fitness
for a particular purpose and non-infringement,
• We do not make any warranty that (i) the Site or Offerings will meet your
requirements; (ii) the Site or other Offerings will be uninterrupted, timely,
secure or error-free; (iii) the results that may be obtained from the use of the
Site or other Offerings will be accurate or reliable; or (iv) any errors in the
Site or other Offerings will be corrected.
• Your use of the Site or other Offerings is at your sole risk. Advice,
statements or opinions should not be relied upon when making important personal,
legal or financial decisions. You should consult a professional to obtain
specific advice appropriate to your circum stances. You are solely responsible
for any damage to you or to any third party caused, directly or indirectly, by
any material that you download or obtain through the Site or other Offerings. We
may not be held liable for any damages or harm attributable to viruses or other
destructive materials.
• We make no representations or warranties regarding independent distributor web
sites, including warranties of merchantability or fitness of purpose.
• The Company must approve any additional warranties in writing.
You agree not to hold us, our officers, directors, employees, agents, designees,
representatives, independent distributors, or our suppliers liable for any
direct, indirect, incidental, special, consequential or exemplary damages
(including, for example, damages for loss of profits, loss of goodwill, and loss
of data), even if we have been advised that such losses may occur, which result
from:
• your inability to access your registration data at any time;
• your participation as an "arcurio ®" Independent Distributor;
• your use or inability to use the Site or your purchase or use of other
Offerings;
• unauthorized access to or alteration of your transmissions or data; or
• the acts of any third party related to the Site or other Offerings.
You hereby waive any claims with respect thereto, whether based on contractual,
tort or other grounds, even if we have been advised of the possibility of such
damages. Depending on the applicable jurisdiction, some of the limitations
contained in this Section may not apply to you.
5 MISCELLANEOUS
The laws of the Germany Federal Republic apply to this Agreement. Any dispute
between you and us must be brought before state court located in Munich, state
Bavaria. If a court finds a portion of this Agreement unenforceable, the rest of
this Agreement will continue to apply. This is the entire Agreement between you
and us relating to the Site or other Offerings and this Agreement will hereto
under no circumstances constitute Joint Venture, partnership, agency
relationship procurements binding and replaces all prior written or oral
agreements that may have existed between us. You cannot transfer your rights or
obligations under this Agreement to anyone without our written permission. Our
failure to enforce any provision of this Agreement does not waive our right to
enforce the same provision in the future. The headings contained in this
Agreement are for informational purposes only, but are not, themselves,
enforceable provisions of this Agreement
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