TERMS & CONDITIONS OF USE: By visiting this site & ordering or using applications, you agree to these Terms. We are sorry, but if you do not agree, you do not have permission to visit our site. kanonmedia.com has the right, at its discretion, to change, modify, add, or remove parts of theTerms & Conditions of use at any time. Notification of changes to these Terms will be posted on the site.

COPYRIGHTS & TRADEMARKS: As long as not defined herein by these terms or on a site page referring to an application and/or service, neither kanonmedia.com, its affiliates, nor any 3rd party has conferred upon you by any way any license or right under any patent, trademark, copyright or other proprietary rights to use the site or any applications offered on the site. No ownership rights or rights of use are assigned to you.

The display, storage, copying or availability of any content & design from the site on another website and/or means of media, i.e. print, TV, CD, CD-rom, etc., without the prior written permission of kanonmedia.com is expressly prohibited. Any software made available to you via download is copyrighted by kanonmedia.com. and/or our suppliers. Use of the software is governed by the Terms of Use for this site & the end-user license agreement, if any, provided in connection with the software.

Product names, logos, designs, titles, words or phrases used on the kanonmedia.com web site, are owned by kanonmedia.com, its licensors, or other entities. Such trademarks, service marks & trade names may be registered internationally.

INDEMNITY: You agree to indemnify and hold kanonmedia.com, its affiliates, officers, agents, partners & employees harmless from any claim or demand, including reasonable attorneys fees, arising out of your content & materials, your use of the site, your violation of these Terms or your violation of any third party's rights including such party's copyrights & trademarks.

LINKS: The site contains links to third party sites that are not under the control of kanonmedia.com and kanonmedia.com is not responsible for any content on any linked site. If you access a third party site from the site, then you do so at your own risk. kanonmedia.com provides links only as a convenience and the inclusion of the link does not imply that kanonmedia.com endorses or accepts any responsibility for the content on those third party sites.

LICENSE TO USE SITE & APPLICATIONS: You have the right to view & use the site for personal & non-commercial uses only, i.e. for the purposes of accessing information, using applications & services, placing product orders as well as posting, uploading & distributing content to and through the site as may be permitted within the framework of the site. kanonmedia.com reserves the right to deny, in its sole discretion, your access to all or any portion of the site.

Any rights not expressly granted to you herein are reserved to kanonmedia.com.

No portion of this site is targeted to children, and any minor should seek consent of his or her legal guardian before using the kanonmedia.com website. Unless you have received specific written permission from kanonmedia.com, you may not (1) impose any texts or editorial notes, commercial material or any other content on the site or (2) modify any content on the site.

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APPLICATIONS: Now & then kanonmedia.com may offer the use of certain applications, services or software, i.e. chat areas, bulletin boards, email functions, games & software that allows you to create greetings, puzzles, photographs, musical compositions & mixes, music videos & cartoons, etc.. kanonmedia.com grants you a limited license to use such applications & the site according to the following conditions: ·

You understand that all feedback, data, comments, suggestions, information, text, data, software, sounds, photographs, audio, audiovisual, video, artwork, graphics, messages & other materials of any nature which are uploaded to or accessible via the site are the sole responsibility of the person from which the materials originated. Further, you understand that by using the site you may be exposed to offensive, objectionable or indecent materials.

You shall not create a user name or nick name or upload to, distribute through or otherwise publish through the site any materials which are indecent, libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, harassing, which contain expressions of hatred, bigotry, racism or pornography, or are otherwise objectionable. You shall not upload to, distribute through or otherwise publish through the site any materials constituting or encouraging a criminal offense, violating the rights of any party or violating any law. ·

Your materials, user name and/or nick name will not disparage in any manner kanonmedia.com, its licensors, or their applications, products, or services & sites. · Your materials shall not infringe the copyright, trademark, publicity/privacy right or other intellectual property right of any third party. ·

You shall not upload to, distribute through or otherwise publish through the site any materials that contain viruses or any other computer code, corrupt files or programs designed to interrupt, destroy or limit the functionality or disrupt any software, hardware, telecommunications, networks, servers or other equipment. ·

The applications made available to you are the copyrighted work of kanonmedia.com and/or its suppliers. The use of each application is governed by the end user license agreement which is included in the application or is eexplicitly stated on the site pages accompanying the application. In case there is no such end user license agreement accompanying the application, then the Terms & Conditions of Use shall govern your use of the application.

You may not download or use any application from the site without agreeing to the end user license agreement, if any, and these Terms. If not explicitly stated otherwise, you are granted a limited license to download and/or use the application from a single computer for personal & non-commercial purposes. You may not make copies of or distribute the application or electronically transfer the application from one computer to another or over a network. You may not decompile, reverse engineer, disassemble or otherwise reduce the application. You may not rent, lease or sublicense the application. You may not create derivative works of the application and you may not export the application in violation of any EC, U.S. or foreign law, rule or regulation.

DISCLAIMER OF WARRANTIES: If not explicitly defined in an agreement between you & kanonmedia.com, the site & any application offered at or through the site are provided to you in their actual status quo, without warranty of any kind & with all risks. kanonmedia.com herewith disclaims to the maximum extent permitted by law (1) all warranties either expressed orimplied, including, but not limited to, warranties of merchantibility or fitness for a particular purpose; availability of the site; lack of viruses, worms, trojan horses, or other code manifesting contaminating or destructive properties; accuracy, completeness, reliability, timeliness, currency, or usefulness of any information on the site; and (2) any duties of reasonable care, workmanlike effort or lack of neglicence in connection with the site, applications, or related information. kanonmedia.com disclaims any warranties of non-infringement, title or quiet enjoyment in connection with the site, applications, and related information.

ASSUMPTION OF RISKS: All the risk whether the site, applications, and related information are suitable or accurate for your needs & wishes is upon you. We do not give any warranty for timeliness, security or error-free publishing of any material on the site. Any application downloaded or otherwise obtained through the site are at your risk and you are solely responsible for any damage to your computer or loss of data.

No incidental, consequential or certain other damages to the maximum extent allowed by law, you agree that neither kanonmedia.com nor any of kanonmedia.com's affiliates or agents will be liable to you and/or any other person for any consequential or incidental damages, including but not limited to lost profits, loss of privacy or for failure to meet any duty including but not limited to lost profits, loss of privacy or for failure to meet any duty including but not limited to any duty of good faith, lack of neglicence or of workmanlike effort. The same concerns any other indirect or punitive damages whatsoever that arise out of or are related to the site, applications or related information, or to any breach of these terms, even if kanonmedia.com has been advised of the possibility of such damages and even in the event of fault, tort or strict or product liability.

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PRIVACY POLICY: kanonmedia.com respects your right to privacy and understands that visitors to kanonmedia.com need to be in control of their personal information.

SUBMITTING MATERIALS & FEEDBACK: The copyright of materials provided by you for publishing on the site stays fully with you, as long as there is no other agreement met between you & kanonmedia.com.

PERSONALLY IDENTIFIABLE INFORMATION: kanonmedia.com may ask you to register or to provide personal information when you visit certain areas of kanonmedia.com, download free software, enter a contest/competition, play a game, order products, subscribe to a newsletter or join similar activities. If you register with our community, we may email to you informative messages about our services or third party products & services we believe may be of interest to you, such as new projects, features & services, special offers & updated information.

COLLECTION OF INFORMATION, INCLUDING PERSONALLY INDETIFIABLE INFORMATION: On your registration, kanonmedia.com may ask for your email address, a user selected user name, & other information. kanonmedia.com may also use an order form for users to request information, products & services. For that order form, we collect a user's contact information (email address), the personal name & the postal address to process the order/request. Contact information from the order is used to deliver services & products to our users and to get in touch with the user when deemed necessary.

kanonmedia.com may occasionally present a special contest or promotion that is sponsored by another company. To qualify for entry in that contest or promotion, we may ask you to provide personal information. If we plan to share that information with the sponsor(s) or with others, we will provide a statement to that effect in the contest or promotion terms, otherwise no information will be shared with sponsors.

An Internet Protocol (IP) address is a unique string of numbers that is assigned to your computer by your Internet Service Provider. Web servers automatically identify your computer by its IP address. We need & may use your IP address to help diagnose problems with our server and to administer our site.

SHARING INFORMATION, INCLUDING PERSONALLY IDENTIFIABLE INFORMATION: We will not share your personally identifiable information with third parties (aside from entities that perform services for us, such as fulfilling orders, that either are bound to comply with our privacy policy or have privacy policies that protect your information) unless you have "opted-in" to such sharing. If you have previously opted-in to such sharing under a prior privacy policy version, you are still considered to have opted-in under this Privacy Statement. kanonmedia.com may disclose information you provide if required to do so by law or if we have a good faith belief that disclosure is necessary to (1) comply with the law orwith legal process served on kanonmedia.com; (2) protect & defend the rights or property of kanonmedia.com; or (3) act in an emergency to protect someone's safety.

SECURITY OF ANY INFORMATION: kanonmedia.com takes security measures to protect the loss, misuse & alteration of the information under our control. These include a firewall to prevent unauthorized access to our systems & maintenance of registration information in a separate database. We cannot ensure the safety or give any warranties for the security of any information transmitted to us over the internet and we accept no liability for any unintentional disclosure.

You shall take appropriate measures to protect the secrecy of your password. If you use a computer in a public place or share a computer with others, remember to sign out & close your browser window when you finish a session with kanonmedia.com in order to prevent others from accessing your personal information.

ACCEPTANCE OF PRIVACY STATEMENT: Your use of the kanonmedia.com site, including any dispute concerning privacy, is subject to this Privacy Statement & kanonmedia.com's Terms & Conditions of Use. By visiting the kanonmedia.com website, you are accepting the practices set out in this Privacy Statement & these Terms & Conditions of Use.

We reserve the right to modify this Privacy Statement at any time by posting the changes on this page. Please check the revision date at the bottom of this page to see if the statement has been modified since you last reviewed it. Your continued use of any part of the kanonmedia.com website following posting of the updated Privacy Statement will constitute your acceptance of the changes.

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AGREEMENT TO ELECTRONIC DATA PROCESSING: All transactions with or through the site or kanonmedia.com may, at kanonmedia.com's option, be conducted electronically. kanonmedia.com may keep records of any type of communication conducted via the site & by email. All electronic records are deemed sent when the recipient's address is correct & the record enters an information processing system outside the control of the sender. All electronic records are deemed received when the record enters an information processing system that the recipient uses for the purpose of receiving electronic records or information of the type sent, in a form capable of being processed by that system.

YOUR REPRESENTATIONS & WARRANTIES: You represent & warrant for the benefit of kanonmedia.com, kanonmedia.com's suppliers, & any third parties mentioned on the site, in addition to other representations & obligations contained in these Terms, that: (a) you possess the legal right & ability to enter into & make the representations & warranties contained in these Terms; (b) all information submitted by you to the site is true & accurate; (c) you will keep your registration information current; (d) you will be responsible for all use of your password even if such use was conducted without your authority or permission; (e) you will not use the site for any purpose that is unlawful or prohibited by these Terms; (f) you are the owner of the Materials and they are original to you; (g) the Materials do not infringe any third party right, such as copyright, trademark, & publicity/privacy right; (h) the Materials do not constitute defamation or libel or otherwise violate the law, & (i) you agree to defend, indemnify, and hold kanonmedia.com (& its employees, representative, agents, & assigns) harmless from breaches of (a) through (h).

REGISTRATION AND ORDERING: You agree to give true, precise & complete information about yourself as prompted by the site registration or ordering process, provided that in connection with your registration, you do not need to, and should not, use your full or true name for your username. kanonmedia.com may deny you access to the site or reject your order in the event that your information is untrue, inaccurate or incomplete.

TAKING RESPONSIBILITY FOR YOUR PASSWORD: You agree that you are solely liable for all actions taken by using your password, whether or not made with your knowledge or authority. You agree to keep your password secret & be fully aware that the failure to keep it secure will enable others to engage in transactions through the site for which you will be legally responsible. If you suspect that someone may have obtained access to your password who is not intended to have authority to act on your behalf, please contact kanonmedia.com immediately to authorize us to deny access to the site to anyone else presenting your password.

PAYMENT TERMS: Payment terms & conditions for products and/or projects are provided by remail and/or post in the course of the ordering process and/or on on the page offering the product/project.

TERMINATION OR CANCELLATION OF SITE ACCESS: kanonmedia.com may terminate or cancel your access rights to the site immediately without notice. kanonmedia.com may also block your use of the site or direct you to cease using it.

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INTERNATIONAL USAGE: This site is controlled & operated by kanonmedia.com from its office in Vienna, Austria. kanonmedia.com makes no representation that the site, Applications, or related information offered by kanonmedia.com are appropriate or available in other locations. Those who choose to access the site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

ENTIRE AGREEMENT: These Terms, as amended, your registration forms, & the disclosures provided by kanonmedia.com & the consents provided by you, constitute the entire agreement between you & kanonmedia.com. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity & enforceability of any remaining provisions. kanonmedia.com's failure to act with respect to a breach by you or others does not waive kanonmedia.com's right to act with respect to subsequent or similar breaches.

AMENDMENTS: You agree that kanonmedia.com may amend or modify these Terms or impose new conditions at any time by updating these Terms on the site. Any use of the site or order by you after such updating shall be deemed to constitute acceptance of such amendments, modifications, or new conditions. If you do not want to be bound by an amendment, you will need to terminate your registration, if any, and refrain from using the site or using or ordering Applications after that date. No other amendments will be valid unless they are in a paper writing signed by kanonmedia.com & by you.

NOTICES: Except as expressly stated otherwise, any notices required or allowed under these Terms shall be given to kanonmedia.com by postal mail to: kanonmedia.com, non-profit organization for new media (verein fuer neue medien), 12/24, richtergasse, a 1070 vienna, or as to a successor address that kanonmedia.com makes available on the site or through other reasonable manner. If applicable law requires that kanonmedia.com accepts email notices (but not otherwise), then you may send kanonmedia.com email notice using the email address given on the kanonmedia.com contact page. With respect to kanonmedia.com's notices to you, kanonmedia.com may provide notice of amendments by posting them in the site & you agree to check for changes. Instead or in addition, kanonmedia.com may give notice by sending email to the email address you provide during registration. Notice shall be deemed given 24 hours after it is posted or an email is sent, unless (as to email) the sending party is notified that the email address is invalid.

last update: 30/10/01
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