the following terms of use agreement (the 'agreement', 'terms of use') is a legally binding agreement which governs the legal relationship between the the user of the platform ('you', 'user') and the operating company, which is uboot.com mobile internet services gmbh, fn 2222276b, halbgasse 3/2/1, a-1070 wien, österreich ('uboot'). the agreement governs likewise the use of any services, including offered or arranged services, mobile data services, content and information (the 'service'), provided by this internet platform (the 'site'). 'content' means all kinds of text, pictures, photos, graphics, videos, logos, ring tones, ringback tones a.s.o., web pages, code, music, sound, software, tags and other information, data or material. in addition, when visiting the site or using any service, you and uboot shall be subject to the terms of the privacy policy and any other posted guidelines, rules, or notices applicable to the service, which may be posted from time to time. all such policies, guidelines, rules, and notices are hereby incorporated by reference into the agreement. when you visit the site or use a service provided by uboot, you signify your agreement to all of the terms and conditions of the agreement. if you do not agree to, or cannot comply with, all of these terms and conditions you must not visit the site or use the service. if you wish to become a member of uboot and to make use of uboot, read these terms of use and indicate your acceptance at the end of this document before proceeding the registration process. independently, by ordering a service (single order or subscription) you submit a binding quote concerning the chosen service and its current costs to uboot. uboot can accept your quote by saying so or by actions such as transmitting the product, making a download available or allowing access to the service. uboot reserves the right to modify the content, conditions and costs of the offers on the site and to modify this agreement from time to time. such modifications shall be effective upon posting on the site or communicating via email. you agree to be bound to any changes when you use the service after any such modification is posted or communicated.

use of the site and membership in uboot is void where prohibited. by using uboot, its service or products, you represent and warrant that (a) you are at least 14 years old, (b) all registration and profile information that you submit to uboot is truthful and accurate, (c) you will maintain the accuracy of such information and (d) your use of service does not violate any applicable law or regulation. if you misrepresent your age or uboot believes that you are under 14, uboot may terminate your account at any time without warning, and without liability. registered users will be provided with an account by uboot, composed by username and password ('login data').

only registered users are authorised to make use of any offer or service of uboot via the assigned account. you are not authorised to permit others any usage of your account. you commit to keep your login data safe and protect it from unauthorised access by third parties. you are in full charge of using your account. that means that you bear all cost resulting from use of nongratuitous service performed via your very own account. you are also responsible to third parties using your account to transmit and/or save prohibited content (see below) or using uboot in contradiction to this agreement. as soon as you find out that third parties gained access to your login data, you commit to immediately prompt uboot via email to block your account. you bear all costs resulting from unauthorised usage up to the time of prompting the blocking. you agree to indemnify and hold harmless uboot, its officers, directors, agents, employees, subsidiaries, and affiliates for any unauthorized, improper, or illegal use of that content or information. uboot stresses that you will under no circumstances be asked for your password via email, phone or any other way by uboot. you are solely responsible for all content published or displayed through your account, including without limitation any email messages, post, or tags, and for your interactions with other members or users. you further represent and warrant that your use of the service will not violate any applicable law or regulation.

all offers and services of uboot are meant for the personal use of individual user only and may not be used in connection with any commercial endeavour, if not specifically approved in writing by uboot. organisations, companies, and/or businesses should not use the service for any purpose. passwords, user names, photographs, links, and any other content may not be transferred or copied for use with any other product or service. any use of the service that is illegal, unlawful, or that violates the letter or spirit of this agreement or any other posted uboot policies, guidelines, or notices - including without limitation collecting or harvesting user names and/or email addresses by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the site - may be investigated and may result in uboot suspending or terminating your account, refusing any and all current or future use of the service, and taking appropriate legal action, including without limitation criminal, civil, and injunctive redress. uboot reserves all right, title, and interest in the service not expressly granted under this agreement to the fullest extent possible; and any use of the service not specifically permitted under this agreement is prohibited.

to uboot ('upload', 'uploading') if it is no prohibited content (see below). by uploading content to uboot, you represent and warrant that:

1. you own, or have the necessary licenses, consents, permissions, and rights to use and to authorize uboot to use, all copyright, trademark, patent, trade secret, and other proprietary rights in and to all such content, in order to permit inclusion and use of the content as contemplated by the service and this agreement;
2. you have the written consent, release, and/or permission of every person identifiable in the content to use their name and likeness, in order to permit inclusion and use of the content as contemplated by the service and this agreement.

uboot does not pre-screen or review content uploaded by third parties or users. in using the service or content, you may access and be exposed to content uploaded by others that is inaccurate, incomplete, indecent, offensive, or otherwise objectionable. uploaded content is the sole responsibility of the person who uploaded it. you will not hold uboot responsible for the actions or inactions of users, including without limitation any uploaded content. uboot does not make any representation or warranty about the accuracy, integrity, quality, or any other aspect of content posted on the site or in connection with the service. uboot expressly disclaims all liability for any loss or damage incurred as a result of the use of such content. by using the service, you agree to bear all risks associated with any use of any content posted on the site or in connection with the service or content and any reliance on the accuracy, completeness, or usefulness of such content. any opinions, statements, advice, offers, services, or other information or material expressed or made available in or through uploaded content are those of the respective author(s) of such content and not of uboot. uboot reserves the right to terminate or modify all provided services, products or parts or products at any time. claims regarding possibly prepaid products/services in case of termination are limited to repayment of paid charges (pro rata temporis).

content, products and services of uboot may only be used as authorized by this agreement or any other specific regulation of uboot. you are not allowed to deconstruct, modify, change, copy (completely or partially), translate, regress, decompile, reassemble, sell, or pass on, publish or disperse software or other electronic information, content, product or service received from uboot. you commit to refrain from passing on any software or other electronic information to third parties. using the service of uboot for the purpose of advertisement, particularly for transmission of uncalled-for messages is forbidden. using the account for the purpose of mass sms messages (in the sense of spamming) and/or sms-bombing is not permitted. in case of violation you have to indemnify uboot as well as any affected third party. you are aware that a slight change of software and/or electronic information may cause serious and unpredictable damage to your own software and hardware and those of others.

uploading prohibited content to uboot or using uboot's provided services to transmit and/or save prohibited content is strictly forbidden. 'prohibited content' means any content that violates any applicable law, regulation or rule, in including without limitation content of pornographic, national socialist, abusive, offensive, racist, xenophobic, derogative, particularly sexually, blasphemous, discriminatory, defamatory, politically extremist, and/or ethically condemnable kind. prohibited content is as well any presentation of persons younger than 18 years involved in any sexual or erotic situation or context. setting up links to sites holding prohibited content is strictly forbidden and deemed to be prohibited content as well. uboot is not responsible if other users transmit or save prohibited content to or for you in violation of this agreement.

except as otherwise expressively mentioned in this agreement, uboot will not disclose personal information to any third party unless uboot believes that such disclosure is necessary: (1) to conform to legal requirements or to respond to a subpoena, search warrant or other legal process received by uboot, whether or not a response is required by applicable law; (2) to enforce this agreement or to protect the rights of uboot; or (3) to protect the safety and the rights of members of the public and users of the service. in order to permit such protection, uboot may disclose the information to third parties, if their rights are violated by a user. for this purpose, such violation of right shall be deemed if the interested third party assures to be owner of the violated right, reasonably describes the violation of his right in writing and uboot cannot exclude the existence of such violation after consulting a lawyer. uboot has the right to report any observed contravention caused by illegal use of service. (4) uboot reserves the right to transfer personal information to a successor in interest that acquires rights to that information as a result of the sale of uboot or substantially all of its assets to that successor in interest.

you agree that uboot is entitled to collect, process and use your personal data for the purpose of execution of this agreement and the requested services. furthermore you agree that uboot is entitled to pass on your personal data (e.g. name, surname, address, mobile phone number, etc.) to a third party, if (1) this third party has concluded a confidentiality agreement with uboot, (2) the third party is a service provider helping uboot in advertising or advertising on behalf of uboot, (3) the third party is not allowed to use the data for its own purposes or pass it on to other parties. you agree that uboot by its own or by help of third parties may send you sales promotions by email or post or phone. you can revoke your agreement (fully or partly) at any time via mail or via email (help@uboot.com). you can activate as well the opt-out-option in the sales promotion-mails. you may demand disclosure of the stored data as well as correction, closure and deletion at any time.

you may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. it is the policy of uboot to terminate membership privileges of any user who repeatedly infringes the copyright rights of others upon receipt of prompt notification to uboot by the copyright owner.

uboot offers various methods of payment to defray expenses of services and offers provided by uboot. you agree not to use any way of payment you are not authorised to dispose of (e.g. debit card). credits on your user account can not be used, but for the payment of services and offers of uboot. extra costs may occur and have to be borne by the user if external providers (internet- or mobile telephone service-providers) collect fees for connecting to uboot or transmitting uboot's services or products. uboot does not indicate such fees in every case. further extra costs may occur and have to be borne by the user if extra devices or software are needed to make use of the services and offers of uboot. uboot does not provide these devices and does not assume any liability or warranty.

under the brand 'schwarzfunk' uboot promotes in austria and germany mobile telephone services, which are provided by a third party, and complementary services, which are provided by uboot. in germany mobile telephone services are provided solely by e-plus service gmbh, edison allee 1, d-14473. e-plus is the sole contracting party. questions, complaints and claims may be submitted via phone (hotline number 1150, free within e-plus-network) or via mail (kundenservice@eplus.de). the terms of use provided by e-plus service gmbh apply. in austria mobile telephone services are provided solely by tele.ring telekom service gmbh, hainburger straße 33, 1030 wien. tele.ring is the sole contracting party. questions, complaints and claims may be submitted via phone (hotline number 0800 650 650, free within tele.ring-network) or via mail (info@telering.co.at). the terms of use provided by tele.ring telekom service gmbh apply. due to that the contracts regarding the provision of telecommunication services are concluded exclusively between the afore mentioned companies and you, uboot is not be responsible or liable for any loss or damage due to any defect or deficiency of the mobile phone services. all complementary offers and services provided by uboot are offered according to the descriptions and costs published by uboot on the website. uboot is free to extend, limit, change, or terminate (completely or partially) all complementary services. uboot is also free to replace certain elements by other elements. if uboot offers certain additional services as an included extra in case of purchase, the exact terms of this extra service are defined by the description which is published on the order page or in context with the offer itself.

this agreement shall remain in full force and effect while you use the service and/or are a registered member. you may terminate the agreement at anytime by click 'delete user' at 'my account'. uboot may terminate the agreement by notice with effect to the last day of the month following the notice. uboot may as well terminate your membership and this agreement with immediate effect, if you violate this agreement, any applicable law or administrative provision, right of third parties or if you infringe moral terms or fail to pay for services or products as required. in the event that membership is terminated, all provisions of this agreement which must survive in order to give effect to their meaning, including without limitation all of your representations, warranties, and indemnification obligations, shall survive. at the date of termination possibly remaining credits expire. the user shall not be entitled to a refund of any unused portion of subscription fees, should any exist. if the user terminates just one or more of his subscribed services (e.g. daily horoscope via sms) but keeps his membership and this agreement in force, the user has to pay the terminated service till the end of its term respectively the end of the next settlement period.

uboot reserves the right to terminate an account if it has been inactive for more than 12 months. furthermore uboot can close the account and delete all of its corresponding data as soon as a termination is effective. uboot has the right to block your account and/or delete transmitted and/or saved content and data in order to prevent abuse of the services in case: (1) your representations, warranties or the information you gave within the registration process is not correct, (2) uboot may reasonably believe the incorrectness of these representations, warranties or given informations, (3) you upload and/or store content you are not authorised to dispose of, (4) you upload or store prohibited content, (5) you modify, use or pass on the services without permission, (6) you use methods of payment you are not authorised to, (7) you do not pay your debts to uboot.

uboot is not responsible for any incorrect or inaccurate content posted on the site or in connection with the services or products provided, whether caused by users of the services or by any of the equipment or programming associated with or utilized in the services. profiles created and posted by users on uboot may contain links to other websites. uboot is not responsible for the content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by uboot. inclusion of any linked website on uboot does not imply approval or endorsement of the linked website by uboot. when you access these third-party sites, you do so at your own risk. uboot takes no responsibility for third party advertisements which are posted on this website or through the services, nor does it take any responsibility for the goods or services provided by its advertisers. uboot is not responsible for the conduct, whether online or offline, of any user of the services. uboot assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any user communication. uboot is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the internet or on any of the services or combination thereof, including any injury or damage to users or to any person's computer related to or resulting from participation or downloading materials in connection with the services. under no circumstances shall uboot be responsible for any loss or damage, including personal injury or death, resulting from use of the services or products, attendance at a uboot event, from any content posted on or through the services, or from the conduct of any users of the services, whether online or offline. the services are provided 'as-is' and as available and uboot expressly disclaims any warranty of fitness for a particular purpose or non-infringement. uboot cannot guarantee and does not promise any specific results from use of the services.

in no event shall uboot be liable to you or any third party for any indirect, consequential, exemplary, incidental, special or punitive damages, including lost profit damages arising from your use of the services, even if uboot has been advised of the possibility of such damages. notwithstanding anything to the contrary contained herein, uboot´s liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to uboot for the services during the term of membership.

you agree to indemnify and hold uboot, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the services or products in violation of this agreement and/or arising from a breach of this agreement and/or any breach of your representations and warranties set forth above and/or if any content that you post on the website or through the services causes uboot to be liable to another.

statements made by uboot to you or by you to uboot are also effective, if the are transmit via sms, mms or email. uboot may use the contact data and email address the user submitted to uboot within the registration process. you have to send your emails to: help@uboot.com.

if there is any dispute about or involving the services or offers of uboot, you agree that the dispute shall be governed by the laws of austria without regard to conflict of law provisions. in no event un-purchase right applies. you agree to personal jurisdiction by and venue in the state and federal courts of vienna.

if any provision of this agreement or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of of this agreement which can be given effect without the invalid provision or application, and to this end the provisions of this agreement are severable. in lieu thereof there shall be added a provision as similar in terms to such illegal, invalid and unenforceable provision as may be possible and be legal, valid and enforceable. the same applies in case of regulatory gaps.

you may revoke your declaration of intent entering into this agreement within a term of two weeks in written form (postal: halbgasse 3/2/1, a-1070 wien, austria or via e-mail: help@uboot.com) without stating any reasons. the term begins at earliest when this instruction is received, but not earlier than the moment the first delivery is received. in order to observe that term, it suffices to timely send off the revocation. in case of successful revocation, both parties have to return to each other the consideration they have received. the user has to provide an adequate compensation for using uboot's products. the user's right of revocation extincts early if uboot started delivering its products upon approval of the user previous to the end of the revocation period or the user provoked the delivering (e.g. via download).

the verdict passed on the 12th of may 1998 by the landesgericht hamburg rules that the inclusion of links also leads to co-responsibility of the material offered via these links. the landesgericht hamburg has declared that it is only possible to disclaim responsibility by expressly distancing oneself from the contents of the web sites.

uboot links on www.uboot.com to third party information providers. uboot has no influence on the contents or reliability of the web sites of these third party information providers. the following therefore applies to all links: uboot has no influence on the design and contents of third party internet web sites. uboot therefore expressly distances itself from the material of all third party internet web sites.

© by uboot. alle rechte vorbehalten.