Terms and Conditions

 

 

1. General Terms and Conditions

     1.1. All the services provided on this portal are subjects of these Terms and Conditions (hereinafter ‘Terms’) of IKM Internet Kaufmarkt GmbH (hereinafter ‘IKM’) and they apply to all current and future businesses.
 
     1.2. IKM operates several online city directories in USA. Here the users (hereinafter ‘Users’) can find publicly accessible information about different businesses, organizations or institutions. The provided information is from third parties including the Clients of IKM.
 
     1.3. All services can be applied for by Clients with or without registration exclusively on the basis of these Terms. Other conditions are not considered to be valid. These Terms are also valid in case IKM fulfills an unconditioned request,  though the client’s conditions are divergent and are different from the terms listed here. IKM employees are not authorised to make additional oral agreements.

2. Changes of the Terms

     2.1. IKM reserves the right to add to or change these Terms announcing these changes in time.  
 
     2.2. If the client does not object to the change within the time limit set by IKM, the amendment will be deemed approved. In the change notification IKM will indicate that the change will take effect, if the client does not object within the time allowed.

3. Terms of Use

     3.1. The Terms that is valid at the time of registration is the one that applies to the business relationship between the IKM and its Customer. Other and/or additional conditions require the written consent of the portal’s owner.
 
     3.2. IKM is not responsible for the content, timeliness and accuracy of the data. The presentation pages or liste mains must not contain the followings: pornography, adult or mature content, content related to racial intolerance or advocacy against any individual, group or organization, hacking or cracking content, gambling or casino related content, illicit drugs and drug paraphernalia content, sales of beer or hard alcohol, sales of tobacco or tobacco related products and any other illegal content that  promotes illegal activity or violates the rights of others. IKM reserves the right to delete company entries that have such content. Similarly, it is forbidden the publication of any data, texts, images, files, links, software or different contents, which are  considered by IKM  to be illegal, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, racist or objectionable in any other way. For all the information: photos, graphics, videos, messages, data, text, software, music, sound, or any other kind of content, whether it is publicly posted or privately transmitted, the entire liability rests solely with the person who has provided that particular content.
 
     3.3. You as a Client represent and warrant that the data provided by you will not  violate or infringe the data protection law. You are responsible for the content, timeliness, completeness and accuracy of the data supplied by you. You expressly assure that these data are consistent with the local law. Respectively, you cannot hold us responsible for any penalties incurred by your violation of these laws. 
 
     3.4. If the Client does not hold the rights of the introduced content, he has to ensure that the owner of the content has agreed to the transfer of the rights under the foregoing provisions.
 
     3.5. To add a company or to update the already existing data, the Client has to register. Registration is free of charge. If the Client is not entitled to registration, IKM reserves the right to remove the presentation page(s) created by the aforesaid Client without notice. The Client is required to update its data and to keep it accurate. If the Client fails to meet this requirement, IKM is entitled to delete temporarily or permanently the Client’s presentation page(s) and to exclude the Client from the registration based services now and in the future.
 
     3.6. IKM reserves the right to edit and optimize entries according to the user search behaviour. It also reserves the right to reproduce, modify and publish such customer content that was published on publicly accessible places and use it solely for the purpose of illustration and promotion purposes.
 
     3.7. IKM has no control over the content published by the users and clients.
 
     3.8. IKM uses the data entrusted by its clients for customer information services only. In case the client is willing to share some additional information such as mobile phone number, email address, fields of activity, webpage IKM will of course publish that information.
 
     3.9. IKM software programs, object and source codes, texts, logos, texts images are protected by copyright and partially by trademark rights. The reproduction, use, unauthorized dissemination of these materials is prohibited.
 
     3.10. IKM reserves the right to inform the Client about news and new services offered in the form of a newsletter and to ask the Client to revise the data published by him and update it if necessary. The Client can unsubscribe from newsletters. If there is any reason for IKM to believe that the published information is false, inaccurate, outdated or incomplete, IKM reserves the right to ask the client to update the information by e-mail at any time; and to delete the Client’s entry, if the Client does not respond to the aforesaid e-mail.
 
     3.11. The account owner is fully responsible for access control and for the consequences of abuse committed during his access, as a result of neglected safety measures.
 
     3.12. IKM reserves the right to save data and deliver it to a third party when required by law or it is necessary and / or permitted by law, in order to comply with legal regulations or judicial/ administrative orders to put into force the terms and conditions, to respond to allegations of copyright infringement by third parties, or to protect the rights, property or personal safety of IKM, users and clients.
 
     3.13. IKM points out  that the technical processing and transmission of data from clients can be accomplished through different networks. Data  might be slightly changed to meet the technical requirements of connecting networks or other devices (for example different Internet browsers).
 
     3.14. IKM assumes no liability for any damages resulting from the use of the business directory by clients or users because in case of such free services in legal sense there is no service contract.

4. Privacy Policy

     4.1. Your personal data (eg name, address, e-mail address, telephone number) will be processed by us only in accordance with the provisions of the Data Protection Act and only in case the data is needed to establish a contractual relationship. Your personal data will not be transferred to a third party only with your express consent. We will take all necessary technical and organizational security measures to protect your login information, passwords or any other data recorded for security purposes, against accidental or intentional manipulation, loss, destruction or unauthorized use or access. To meet the protection requirements the methods we use are in accordance with the generally accepted standards of this field.
 
     4.2. In particular cases we may provide the competent authorities with information for the purpose of law enforcement, security,  to meet the statutory duties of the constitutional protection agencies or the Military Screening Service, or protection of intellectual property rights. When visiting our websites, our Web server automatically records the name of your internet service provider, the website from which you visit us, the websites you have actually visited and the date and length of your visit. The data is analyzed and enables us to produce statistics and learn about the needs of our customers. In all procedures, high safety standards are maintained. There will be no personal use of the information collected here.
 
     4.3. Recognition of multiple use of a service by the same user is made by the so-called cookies which are small text files that are stored on your computer by your Internet browser. They serve to improve our website and our services. These are so-called "session cookies" that are deleted after the end of your visit and these do not collect personal information.
 
     4.4. Upon request, you will be given information about the data stored about yourself or your pseudonym electronically. In case you need this kind of  information please contact us at:
 
     E-Mail: contactfindusa@gmail.com
     Phone: +49 208 629 570
     Fax: +49 208 629 5710
     Post: IKM Internet Kaufmarkt GmbH              
              Pfälzer Straße 81            
              D 46145 Oberhausen- Germany

5. Registration

     5.1. As far as the release order is not given in writing, a contract for the publication of your entry fee or free trade by sending the order form you filled out on the Internet and our confirmation email. The order form you must fill out completely and truthfully. 
 
     5.2. In case the client chooses to have a paid profile the contract will be completed for a specified period of time.

6. Jurisdiction

     6.1. The exclusive venue for any disputes arising in connection with the services offered on the portal is Oberhausen, where the customer or user is a businessman, a legal entity under public law or a public special assets.  For all claims of any kind arising from or in connection with a situation under terms and conditions, shall be subject to national legislation to the exclusion of the UN Sales Convention (CISG).  OR  For all claims of any kind arising from or in connection with a situation under terms and conditions, the German legislation will be applied.

7. Warranty / Liability

     7.1. IKM is entitled to carry out maintenance on servers and databases, etc.. Disorders of the data retrieval will be kept as low as possible.
 
     7.2. We accept no responsibility for access restrictions that are due to force majeure or other circumstances beyond our control. 
 
     7.3. IKM reserves the express right to change its website in whole or in parts without prior notice, add to or delete parts, provided that the content on your own profile is not affected. 

8. Other

     8.1. If any provision of these Terms is invalid, then the Terms and Conditions will remain in effect. 

September, 2013