Terms of use

A. My Terms

  1. These Terms explain how you may use the website (the Site) and all its subdomains, which is provided free of charge.
  2. References in these Terms to the Site includes markusbarth.net and all associated sub domains and web pages.
  3. You should read these Terms carefully before using this site.
  4. By accessing or using the Site or otherwise indicating your consent, you agree to be bound by these Terms and the documents referred in them.
  5. If you do not agree with or accept any of these Terms, you must stop using the Site now.
  6. If you have any questions about the Site, please contact me by means of the provided contact form.
  7. Definitions
    • Content means any text, images, video, or other media, software, or other information or material submitted to or on the Site.
    • Terms means these terms and conditions of use as updated from time to time.
    • Intellectual property rights means rights such as copyright, trademarks, domain names, design rights, database rights, patents and all other intellectual property rights, of any kind whether or not they are registered or unregistered anywhere in the world.
    • Unwanted Submission has the meaning given to it in the section entitled "submitting information to the site".
    • Site has the meaning given to it in clause 2
    • I or me means Markus Barth Classen (National Document ID 77042762F). References to me in these Terms also includes any trade mark or brand I may own or use.
    • You or your means the person accessing or using the Site or its Content.
  8. Your use of this Site means that you must also comply with my Privacy Policy.
  9. I reserve the right at my sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes.

B. Using the Site

  1. The Site is for your personal and non-exclusive use only. As long as you comply with these Terms of Use I grant you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.
  2. You may not use any "page-scraper", "robot", "spider", "deep-link" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, copy, acquire, or monitor any part of the Site, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site.
  3. You may not attempt to gain unauthorized access to any part or feature of the Site, or any other systems or networks connected to the Site or to any of our servers, or to any of the services offered on or through the Site, by password mining, hacking or any other illegitimate means.
  4. You may not scan, probe or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site.
  5. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of ours, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.
  6. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or our systems or networks, or any systems or networks connected to the Site.
  7. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person's use of the Site.
  8. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to us on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
  9. You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes our rights or those of others.
  10. You are responsible for compliance with local or national laws of your location or country where they are applicable.
  11. You agree that you are solely responsible for:
    • All costs and expenses you may incur in relation to your use of the Site
    • Keeping your password and any other account details confidential.
  12. We seek to make the Site as accessible as possible. If you have any difficulties using the Site, please contact us by means of the provided contact form.
  13. We may prevent or suspend your access to the Site if you do not comply with any part of these Terms, any terms or policies to which they refer or any applicable law.

C. Ownership, use and intellectual property rights

  1. This Site and all intellectual property rights in it, including but not limited to any Content, are owned by myself, our licensors or both (as applicable). I and our licensors reserve all of my own and their rights in any intellectual property in connection with these Terms. This means, for example, that I myself and they remain owners of them and free to use them as I myself and they see fit.
  2. Nothing in these Terms grants you any legal rights in the Site other than as necessary to enable you to lawfully access the Site as intended and authorized by myself. You agree not to adjust to try to circumvent or delete any notices contained on the Site (including any intellectual property notices) and in particular in any digital rights or other security technology embedded or contained within the Site.

D. Submitting information to the Site

  1. While I try to make sure that the Site is secure, I cannot guarantee the security of any information that you supply to me. I therefore cannot guarantee that it will be kept confidential. For that reason, you should not submit any patentable ideas or patent applications, advertising or marketing suggestions, prototypes, or any other information that you regard as confidential, commercially sensitive or valuable (Unwanted Submissions) to the Site. While I value your feedback, you agree not to submit any Unwanted Submissions.
  2. I may use any Unwanted Submissions as I see reasonably fit on a free-of-charge basis (bear in mind that I have no way of knowing whether such information is confidential, commercially sensitive or valuable because I do not monitor the Site to check for these matters). Therefore, I will not be legally responsible for keeping any Unwanted Submissions confidential nor will I be legally responsible to you or anybody else for any use of such Unwanted Submissions.

E. Accuracy of information and availability of the Site

  1. While I try to make sure that the Site is accurate, up-to-date and free from bugs, I cannot guarantee that it will be. Furthermore, I cannot guarantee that the Site will be fit or suitable for any purpose. Any reliance that you may place on the information on this Site is at your own risk.
  2. We may suspend or terminate operation of the Site at any time as we see fit.
  3. Content is provided for your general information purposes only and to inform you about myself and my products and news, features, services and other websites that may be of interest. It does not constitute technical, financial or legal advice or any other type of advice and should not be relied on for any purposes.
  4. While I try to make sure that the Site is available for your use, I do not promise that the Site is available at all times nor do I promise the uninterrupted use by you of the Site.

G. Limitation on our liability

  1. Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury), I am not legally responsible for any losses. This exclusion shall include, but not be limited to losses that:
    • were not foreseeable to you and me when these Terms were formed,
    • were not caused by any breach on my part,
    • business losses,
    • losses to non-consumers.

H. Events beyond our control

  1. I shall have no liability to you for any breach of these Terms caused by any event or circumstance beyond our reasonable control including, but not limited to, strikes, lock-outs or other industrial disputes; breakdown of systems or network access; or flood, fire, explosion or accident.

I. Rights of third parties

  1. No one other than a party to these Terms has any right to enforce any of these Terms.

J. Disputes

  1. I will try to resolve any disputes with you quickly and efficiently.
  2. If you are unhappy with the services provided on the Site please contact me as soon as possible.
  3. If you and I cannot resolve a dispute using our complaint handling procedure, I will:
    • let you know that I cannot settle the dispute with you,
    • consider the need for Alternative Dispute Resolution and, if considered necessary, provide you with information about any alternative dispute resolution provider I deem appropriate to deal with your complaint.
  4. If you want to take court proceedings, the relevant courts of Spain will have exclusive jurisdiction in relation to these Terms.
  5. Relevant Spanish law will apply to these Terms.