These terms and conditions (“Agreement”) sets forth the general terms and conditions of your use of the fudoweb.com website (“Website” or “Service”) and any of its related products and services (collectively, “Services”). This Agreement is legally binding between you (“User”, “you” or “your”) and this Website operator (“Operator”, “we”, “us” or “our”). By accessing and using the Website and Services, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement. If you are entering into this Agreement on behalf of a business or other legal entity, you represent that you have the authority to bind such entity to this Agreement, in which case the terms “User”, “you” or “your” shall refer to such entity. If you do not have such authority, or if you do not agree with the terms of this Agreement, you must not accept this Agreement and may not access and use the Website and Services. You acknowledge that this Agreement is a contract between you and the Operator, even though it is electronic and is not physically signed by you, and it governs your use of the Website and Services.
Therefore, members registering with us have to confirm that they will comply with these Rules. Being and remaining a part of a community requires mutual consideration and acceptance, amongst others. Therefore, infringements can lead to the membership being changed to a moderated status or – in the case of repeated infringements – being temporarily or permanently terminated.
Accounts and membership
If you create an account on the Website, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it. We may monitor and review new accounts before you may sign in and start using the Services. Providing false contact information of any kind may result in the termination of your account. You must immediately notify us of any unauthorized uses of your account or any other breaches of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. We may suspend, disable, or delete your account (or any part thereof) if we determine that you have violated any provision of this Agreement or that your conduct or content would tend to damage our reputation and goodwill. If we delete your account for the foregoing reasons, you may not re-register for our Services. We may block your email address and Internet protocol address to prevent further registration.
A “personal member” within the meaning of these Rules is only the person who has registered as a member with the portal Fudoweb.com in accordance with this. A corporate membership cannot replace a personal membership. The portal Fudoweb.com can only be used to the full extent with a “personal membership”.
There is no legal claim for a personal membership.
It is not mandatory to choose a plain text name for the member/user/nick name. However, it has to be observed that this name must not contain copyright-protected and/or well-known trademark/ company/ product names or denominations in whole or in part. This is solely reserved for exclusively authorized company members who would like to represent the company with their account. In order to avoid misunderstandings, these members are kindly requested to contact the provider of the portal in the course of the registration.
Only one membership account is possible for each personal member. The creation of double, fake or multiple accounts constitutes a violation of these Rules, which can be punished accordingly. As soon as we become aware of double, fake or multiple accounts, we will immediately delete these.
Membership accounts without any activity over a time period of twelve months (inactive membership accounts) may be deactivated. A reactivation of the user account is possible, but requires that you send us a reactivation request.
We do not own any data, information or material (collectively, “Content”) that you submit on the Website in the course of using the Service. You shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all submitted Content. We may monitor and review the Content on the Website submitted or created using our Services by you. You grant us permission to access, copy, distribute, store, transmit, reformat, display and perform the Content of your user account solely as required for the purpose of providing the Services to you. Without limiting any of those representations or warranties, we have the right, though not the obligation, to, in our own sole discretion, refuse or remove any Content that, in our reasonable opinion, violates any of our policies or is in any way harmful or objectionable. You also grant us the license to use, reproduce, adapt, modify, publish or distribute the Content created by you or stored in your user account for commercial, marketing or any similar purpose.
The user rights granted to the Visitor are personal and private, which means that any reproduction of the Site Content on any type of device for collective or professional use, even for internal company use, is prohibited. The same applies to the electronic transfer of Content, even by company intranet or extranet.
User rights only include authorization to save for display on a single-workstation screen and to make a copy to save and/or print.
Termination of Membership
The membership is for an indefinite duration. It may be terminated by either party with a notice period of two weeks. You will receive a termination confirmation through email. Moreover, both parties reserve the right to a termination for good cause without notice. There is such a good cause for the provider in particular if a member repeatedly or seriously violates these Rules.
Privacy or Personal Data
We perform regular backups of the Website and its Content and will do our best to ensure completeness and accuracy of these backups. In the event of the hardware failure or data loss we will restore backups automatically to minimize the impact and downtime.
Internet Etiquette and Portal Use
Creating content, updating information and postings shall be processed in polite manner. We do not tolerate the use of adult, sexist, racist, vulgar, abusive, discriminating, criticizing, hate content or other criminal speeches or respective image material.
Posting fake news or flame information or false posting and Discussions with religious, political and sexual intentions are strictly prohibited. Applies to all public and non-public areas of this platform including signatures, avatars and member names.
Please kindly refrain from double/multiple postings with the same content. We have all rights to delete these analogously to non-admissible postings or advertising.
Links to other resources
Although the Website and Services may link to other resources (such as websites, mobile applications, etc.), we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked resource, unless specifically stated herein. Some of the links on the Website may be “affiliate links”. This means if you click on the link and purchase an item, the Operator will receive an affiliate commission. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their resources. We do not assume any responsibility or liability for the actions, products, services, and content of any other third parties. You should carefully review the legal statements and other conditions of use of any resource which you access through a link on the Website and Services. Your linking to any other off-site resources is at your own risk.
The insertion in a website or on personal pages of a hypertext link (hereinafter “Link”) leading to the Site is authorized. The insertion of Links should under no circumstances be used in any context which is liable to harm Fudoweb. Fudoweb reserves the right to request the deletion of a Link from a third-party site.
Prohibited uses, Copyrights / Unlawful or Duplicate Content
The contents and works produced by us, our members, customers or partners. Contents and works of which Fudoweb is the originator must not be copied or used and exploited in any other way for own or third party purposes beyond the limits of copyright law. In the event of copyright infringements, we shall unfortunately feel compelled to take legal action.
The copying, processing, distribution and any kind of use beyond the limits of copyright law require the written consent of the respective author or originator. Downloads and copies of this site are only permitted for private use, not commercial use.
In addition to other terms as set forth in the Agreement, you are prohibited from using the Website and Services or Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Website and Services, third party products and services, or the Internet; (h) to spam, phish, pharm, pretext, spider, crawl, or scrape; (i) for any obscene or immoral purpose; or (j) to interfere with or circumvent the security features of the Website and Services, third party products and services, or the Internet. We reserve the right to terminate your use of the Website and Services for violating any of the prohibited uses.
All present and future rights conferred by statute, common law or equity in or in relation to any copyright and related rights, trademarks, designs, patents, inventions, goodwill and the right to sue for passing off, rights to inventions, rights to use, and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, rights to claim priority from, such rights and all similar or equivalent rights or forms of protection and any other results of intellectual activity which subsist or will subsist now or in the future in any part of the world. This Agreement does not transfer to you any intellectual property owned by the Operator or third parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with the Operator. All trademarks, service marks, graphics and logos used in connection with the Website and Services, are trademarks or registered trademarks of the Operator or its licensors. Other trademarks, service marks, graphics and logos used in connection with the Website and Services may be the trademarks of other third parties. Your use of the Website and Services grants you no right or license to reproduce or otherwise use any of the Operator or third party trademarks.
Limitation of liability
To the fullest extent permitted by applicable law, in no event will the Operator, its affiliates, directors, officers, employees, agents, suppliers or licensors be liable to any person for any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use of content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if the liable party has been advised as to the possibility of such damages or could have foreseen such damages. To the maximum extent permitted by applicable law, the aggregate liability of the Operator and its affiliates, officers, employees, agents, suppliers and licensors relating to the services will be limited to an amount greater of one dollar or any amounts actually paid in cash by you to the Operator for the prior one month period prior to the first event or occurrence giving rise to such liability. The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose.
Changes and amendments
We reserve the right to modify this Agreement or its terms relating to the Website and Services at any time, effective upon posting of an updated version of this Agreement on the Website. When we do, we will revise the updated date at the bottom of this page. Continued use of the Website and Services after any such changes shall constitute your consent to such changes.
Acceptance of these terms
You acknowledge that you have read this Agreement and agree to all its terms and conditions. By accessing and using the Website and Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to access or use the Website and Services.
The Terms and Conditions was last updated on August 20, 2020.