This Terms of Use Agreement ("Agreement") sets forth the legally binding terms for your use of the Tokio Hotel Croatia Services. Use of the Site is also governed by the Tokio Hotel Croatia Privacy Policy, which is incorporated into this Agreement by this reference. By using the Tokio Hotel Services, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse or use the Site, including through a mobile device, or otherwise use the Tokio Hotel Croatia Services without being registered) or you are a "Member" (which means that you have registered with Tokio Hotel Croatia).
By visiting this site, you are bound by these terms:
In the terms below, WEBMASTER refers to the owner(s) and/or maintainer(s) of this entire web site.
1.Password. When you sign up to become a Member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify Tokio Hotel Croatia immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.
2.Use by Users. Illegal and/or unauthorized use of the Tokio Hotel Croatia Services, including collecting usernames, user id numbers, and/or email addresses of Users by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Site, or employing third-party promotional sites or software to promote profiles for money, is prohibited. Commercial advertisements, affiliate links, and other forms of unauthorized solicitation may be removed from images, videos and/or Member profiles without notice or explanation and may result in termination of Membership privileges.
3.Proprietary Rights in Content on Tokio Hotel Croatia.
3.1 You represent and warrant that: (i) you own the Content posted by you on or through the Tokio Hotel Croatia Services or otherwise have the right to grant the license set forth in this section, (ii) the posting and use of your Content on or through the Tokio Hotel Croatia Services does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or any other rights of any person, and (iii) the posting of your Content on the Site does not result in a breach of contract between you and a third party. You agree to pay for all royalties, fees, and any other monies owing any person by reason of Content you post on or through the Tokio Hotel Croatia Services.
3.2 Although the Site and other Tokio Hotel Croatia Services are normally available, there will be occasions when the Site or other Tokio Hotel Croatia Services will be interrupted for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and equipment that are beyond the control of Tokio Hotel Croatia. Also, although Tokio Hotel Croatia will normally only delete Content that violates this Agreement, Tokio Hotel Croatia reserves the right to delete any Content for any reason, without prior notice.
4.Content Posted.
4.1 Tokio Hotel Croatia may reject, refuse to post or delete any Content for any or no reason, including Content that in the sole judgment of Tokio Hotel Croatia violates this Agreement or which may be offensive, illegal or violate the rights of any person or entity, or harm or threaten the safety of any person or entity. Tokio Hotel Croatia assumes no responsibility for monitoring the Tokio Hotel Croatia Services for inappropriate Content or conduct. If at any time Tokio Hotel Croatia chooses to monitor the Tokio Hotel Croatia Services, Tokio Hotel Croatia nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.
4.1 You are solely responsible for the Content that you post on or through any of the Tokio Hotel Croatia Services, and any material or information that you transmit to other Users and for your interactions with other Users.
5.Content/Activity Prohibited. You must use the Tokio Hotel Croatia Services in a manner consistent with any and all applicable laws and regulations. The following are examples of the kind of Content that is illegal or prohibited to post on or through the Tokio Hotel Croatia Services. Prohibited Content includes, but is not limited to, Content that, in the sole discretion of Tokio Hotel Croatia:
5.1 is patently offensive or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
5.2 harasses or advocates harassment of another person;
5.3 exploits people in a sexual or violent manner;
5.4 contains nudity, excessive violence, or offensive subject matter or contains a link to an adult website;
5.5 solicits personal information from anyone under 18;
5.6 publicly posts information that poses or creates a privacy or security risk to any person;
5.7 constitutes or promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
5.8 constitutes or promotes an illegal or unauthorized copy of another person’s copyrighted work;
5.9 involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";
5.10 contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
5.11 furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
5.12 solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
5.13 involves commercial activities and/or sales without prior written consent from Photobucket such as contests, sweepstakes, barter, advertising, or pyramid schemes;
5.14 includes a photograph or video of another person that you have posted without that person's consent; or
5.15 violates the privacy rights, publicity rights, defamation rights, copyrights, trademark rights, contract rights or any other rights of any person.
5.16 criminal or tortious activity, including child pornography or erotica, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, "pyramid scemes," Ponzi schemes, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
5.17 advertising to, or solicitation of, any User to buy or sell any products or services through the unauthorized or impermissible use of the Photobucket Services. You may not transmit any chain letters or junk email to other Users.
5.18 circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person in circumventing or modifying any security technology or software that is part of the Tokio Hotel Croatia Services
5.19 Forging any TCP/IP packet header or any part of the header information in any posting, or in any way use the Site or Photobucket Services to send altered, deceptive, or false source-identifying information;
5.20 activity that involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network;
5.21 interfering with the access of any User, host or network to the Site;
5.22 covering or obscuring the banner advertisements on your personal profile page, or any Tokio Hotel Croatia page via HTML/CSS or any other means;
5.23 including any HTML, CSS or other coding on your personal profile page, including, without limitation, any hidden or otherwise surreptitiously contained code in the Content which is unrelated to the immediate aesthetic nature of the Content;
5.24 any automated use of the system, such as, but not limited to, using scripts to send images or videos;
5.25 interfering with, disrupting, or creating an undue burden on the Tokio Hotel Croatia Services or the networks or services connected to the Tokio Hotel Croatia Services;
5.26 impersonating or attempting to impersonate another User, person or entity;
5.27 using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;
5.28 selling or otherwise transferring your profile;
5.29 using any information obtained from the Tokio Hotel Services in order to harass, abuse, or harm another person or entity, or attempting to do the same;
5.30 displaying an unauthorized commercial advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity through the unauthorized or impermissible use of the Photobucket Services on behalf of that person or
5.31 deleting, or in any manner altering, the copyright, trademark, or other proprietary rights notices appearing on any Content except your own Content;
5.32 attempting to probe, scan or test the vulnerability of any Tokio hotel Croatia Service or breach any security or authentication measures;
5.33 collecting or store personal data about other users without their express permission;
5.34 impersonating or misrepresenting your affiliation with any person or entity, through pretexting or any other form of social engineering, or otherwise commiting fraud; or
5.35 using the Tokio Hotel Croatia Services in a manner inconsistent with any and all applicable laws and regulations.
6.Member Disputes. You are solely responsible for your interactions with other Members. Tokio Hotel Croatia reserves the right, but has no obligation, to resolve or arbitrate disputes between you and other Members.
7.Protecting Copyrights and Other Intellectual Property. Tokio Hotel Croatia respects the intellectual property of others, and requires that our users do the same. You may not upload, embed, post, email, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. Tokio Hotel Croatia has the right to terminate the Membership of infringers. If you believe your work has been copied and posted on or through the Tokio Hotel Services in a way that constitutes copyright infringement, please contact webmaster@tokiohotelcroatia.com.
8.Other. This Agreement is accepted upon your use of the Site or any of the Tokio Hotel Croatia Services and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and Tokio Hotel Croatia regarding the use of the Tokio Hotel Croatia Services. The failure of Tokio Hotel Croatia to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law.