GTC digitalmark.net
General Terms and Conditions (GTC) for the use of
Simple Screen Tester and other digitalmark.net services
1. General Information and Definitions
These General Terms and Conditions (hereinafter "GTC") between users (hereinafter "user") and digitalmark.net (hereinafter "DM") govern the use of DM applications consisting of Simple Screen Tester software, websites and applications as defined by DM from time to time (hereinafter "DM SERVICES").
The user is obliged to read these GTC carefully, as they contain information on rights and restrictions on these rights. The free DM SERVICES are offered on condition that the user accepts these GTC unconditionally. Otherwise, the use of the DM SERVICES is prohibited. By using the DM SERVICES in any way, the user agrees to these GTC and confirms that he has read and understood their content.
2. Warranties and Disclaimers
DM does not guarantee or warrant the completeness, timeliness, accuracy, legality or other quality of the information presented on the DM platforms and with the DM SERVICES. This applies in particular to services and offers of third parties (including prices, availability, ratings, etc.). DM excludes any liability for errors or inaccuracies, even if this information is compiled to the best of our knowledge and belief. Furthermore, DM cannot guarantee or warrant that the content displayed on the DM platforms and DM SERVICES is free of viruses or other data structures that may have destructive or disruptive effects. The user is solely responsible for the protection of his data processing system.
DM shall only be liable for damage caused by intentional and grossly negligent actions on the part of DM in the case of contractual claims. The user assumes the entire risk of the use of the DM SERVICES and interruptions of the DM SERVICES. DM assumes no liability for direct or consequential damages that may result from the use of the DM SERVICES.
3. Copyright
The content and data published on the DM platforms via DM SERVICES (i.e. software, products, brands such as logos, information, images, reports, illustrations, etc.) are in most cases protected by copyright.
The duplication, public reproduction or other use or exploitation of such protected content is generally prohibited without the written consent of the respective copyright holder. The user has exclusively the right to use the above-mentioned content for personal, non-commercial purposes.
4. Security
Security of data is important. DM endeavours to implement and maintain reasonable, commercially acceptable security procedures and practices appropriate to the nature of data stored by DM to protect it from unauthorised access, destruction, use, alteration or disclosure. The user must be aware that no method of transmission over the Internet or electronic storage is 100% secure.
5. Termination
DM reserves the right to modify or discontinue, either temporarily or permanently, the DM SERVICES (or any part thereof). The user agrees that DM shall not be liable to the user or to any third party for any modification or discontinuance of the DM SERVICES, nor shall DM be liable for any resulting loss of data.
6. Changes
DM may, in its sole discretion, change or otherwise modify these GTC in the future as it deems necessary for legal, general regulatory and technical purposes or due to changes in the DM SERVICES offered by DM.
DM will provide notice of any revision to the GTC with a new version and such revision will be effective upon posting on the DM website. The user is encouraged to visit this page periodically to review the current version of the GTC. By continuing to use DM SERVICES, the user accepts the updated or amended GTC.
7. Severability Clause
If any part of these GTC is found to be invalid or unenforceable under applicable law, the invalid or unenforceable provision shall be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remaining provisions of these GTC shall continue in full force and effect.