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| Legal Policy |
 Tamarindowiki Legal Policy of Website Terms of Use and Privacy Policy1. Legal Policy 2. Website Terms of Use 3. Privacy Policy 1. Legal Policy Legal Notices. The TAMARINDOWIKI (Tw) website (the "Website") is provided by Walter Hoevel and partners as a service to our users. Please carefully review the following basic rules that govern your use of the website. Please note that your use of the website constitutes your unconditional agreement to follow and be bound by these Terms and Conditions of Use. If you ("User") do not agree to them, do not use the website, provide any materials to the site or download any materials from it. Tamarindowiki reserves the right to update or modify these Terms and Conditions at any time without prior notice to User. Your use of the site following any such change constitutes your unconditional agreement to follow and be bound by these Terms and Conditions as changed. For this reason, we encourage you to review these Terms and Conditions of Use whenever you use the website. These Terms and Conditions of Use apply to the use of the Tamarindo Wiki site and do not extend to any linked third party sites. These Terms and Conditions and our Privacy Policy, which are hereby incorporated by reference, contain the entire agreement (the "Agreement") between Tamarindowiki and User with respect to this site. Any rights not expressly granted herein are reserved. Permitted and Prohibited Uses. User may not use the Tamarindowiki website to violate any applicable local, state, national, or international law, including without limitation any applicable laws relating to antitrust or other illegal trade or business practices, US federal and state securities laws, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, and any U.S. laws, rules, and regulations governing the export and re-export of commodities or technical data. User may not upload or transmit any material that infringes or misappropriates any person's copyright, patent, trademark, or trade secret, or disclose via the Tamarindowiki website any information the disclosure of which, would constitute a violation of a confidentiality obligation on User's part. User may not upload any viruses, worms, Trojan horses, or other forms of harmful computer code, nor subject Tamarindowiki 's network or servers to unreasonable traffic loads, or otherwise engage in conduct deemed disruptive to the ordinary operation of Tamarindowiki 's website. User is strictly prohibited from communicating on or through this site any unlawful, harmful, offensive, threatening, abusive, libelous, harassing, defamatory, vulgar, obscene, profane, hateful, fraudulent, sexually explicit, racially, ethnically, or otherwise objectionable material of any sort, including, but not limited to, any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law. No License Granted. You acquire absolutely no rights or licenses in or to the Services (the website and related web pages) and materials contained therein other than the limited right to utilize the Services in accordance with the Terms and Conditions of Use. Should you choose to download content from the Services, you must do so in accordance with the Terms and Conditions of Use. Such download is licensed to you by us only for your own personal, noncommercial use in accordance with the Terms and Conditions of Use and does not transfer any other rights to you. Accuracy Disclaimer. We do not warrant or guarantee the accuracy, quality, completeness, currency, or validity of any information on the website or linked from the website. All information contained on the website has been obtained from sources believed by Tw to be accurate and reliable. The press releases, articles and newsletters are also provided by the identified organization. We do not edit or control the information We receive, although it may note obvious errors that have been discovered. Due to the possibility of human and mechanical error, we are not responsible for any errors or omissions. Rights Reserved. All present and future rights in and to the Intellectual Property and other proprietary rights of Tw of any type under the laws of any governmental authority, domestic or foreign, including rights in and to all applications and registrations relating to the Services (the "Intellectual Property Rights") shall, as between you and Tw, at all times be and remain the sole and exclusive property of Tw. All present and future rights in and title to the Services (including the right to exploit the Services and any portions of the Services over any present or future technology) are reserved to Tw for Our exclusive use. Except as specifically permitted by the Terms and Conditions of Use, you may not copy or make any use of the Services or any portion thereof. User Discussion Forums. Tamarindowiki may, but is not obligated to, monitor or review any areas on Tamarindowiki 's website where users transmit or post communications or communicate solely with each other, including but not limited to chat rooms, bulletin boards or other user forums, and the content of any such communications. Tamarindowiki, however, will have no liability related to the content of any such communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. Tamarindowiki may edit or remove content on the Website at its discretion at any time. Use of Personally Identifiable Information. Information submitted to Tamarindowiki 's website is governed according to Tamarindowiki 's then-current Privacy Policy. User agrees to provide true, accurate, current, and complete information when registering with the Tw website. It is User's responsibility to maintain and promptly update this account information to keep it true, accurate, current, and complete. If User provides any information that is fraudulent, untrue, inaccurate, incomplete, or not current, or we have reasonable grounds to suspect that such information is fraudulent, untrue, inaccurate, incomplete, or not current, we reserve the right to suspend or terminate your account without notice and to refuse any and all current and future use of this site. Although sections of the site may be viewed simply by visiting the site, in order to access some content and/or additional features offered at the site, you may need to register as a member. If you create an account on the site, you are asked to supply your name, username email address and password. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur in connection with your password or account. You agree to immediately notify us of any unauthorized use of either your password or account or any other breach of security. You further agree that you will not permit others, including those whose accounts have been terminated, to access this site using your account or username. You grant Tamarindowiki, its affiliated companies, and all other persons or entities involved in the operation of the Website the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the Site and in the provision of services to you. Tamarindowiki cannot and does not assume any responsibility or liability for any information you submit, or your or third parties' use or misuse of information transmitted or received using Tamarindo Wiki 's site. To learn more about how we protect the privacy of the personal information in your account, please visit our Privacy Policy. Indemnification. User agrees to defend, indemnify and hold harmless Tamarindowiki, its employees, directors, officers, affiliated companies, agents, vendors or suppliers from and against any and all claims, damages, costs and expenses, including reasonable attorneys' fees, arising from or related to your use or misuse of the site, including, without limitation, User's violation of these Terms and Conditions, the infringement by User, or any other subscriber or user of your account, of any intellectual property right or other right of any person or entity. Termination. These Terms and Conditions of Use are effective until terminated by either party. If User no longer agrees to be bound by these Terms and Conditions, User must cease use of this website. If User is dissatisfied with this website, its content, or any of these terms, conditions, and policies, User's sole legal remedy is to discontinue using this website. Tamarindo Wiki reserves the right to terminate or suspend your access to and use of this site, or parts of this site, without notice, if we believe, in our sole discretion, that such use is (i) in violation of any applicable law; (ii) is harmful to our interests or the interests, including intellectual property or other rights, of another person or entity; or (iii) where Tamarindowiki has reason to believe that User is in violation of these Terms and Conditions of Use. WARRANTY DISCLAIMER. TAMARINDOWIKI'S WEBSITE AND ASSOCIATED MATERIALS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, TAMARINDO WIKI DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. TAMARINDO WIKI MAKES NO REPRESENTATIONS OR WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS, OR THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES TAMARINDO WIKI MAKE ANY REPRESENTATION OR WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE. TAMARINDO WIKI MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. IN NO EVENT SHALL TAMARINDO WIKI OR ANY OF ITS AFFILIATED COMPANIES, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION) ARISING OUT OF THE USE, MISUSE OF OR INABILITY TO USE THE SITE, EVEN IF TAMARINDO WIKI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. YOU UNDERSTAND AND AGREE THAT ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA OR BUSINESS INTERRUPTION THAT RESULTS FROM THE DOWNLOAD OF CONTENT. TAMARINDOWIKI SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED, OR ALLEGED TO HAVE BEEN CAUSED, DIRECTLY OR INDIRECTLY, BY THE INFORMATION OR IDEAS CONTAINED, SUGGESTED OR REFERENCED IN OR APPEARING ON THE SITE. YOUR PARTICIPATION IN THE SITE IS SOLELY AT YOUR OWN RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TAMARINDOWIKI OR THROUGH TAMARINDO WIKI, ITS EMPLOYEES, OR THIRD PARTIES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. YOU ACKNOWLEDGE, BY YOUR USE OF THE TAMARINDO WIKI WEBSITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. Liability Limitation. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, SHALL TAMARINDO WIKI OR ANY OF ITS AFFILIATED COMPANIES, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO USER OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE TAMARINDO WIKI WEBSITE OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE TAMARINDO WIKI SITE OR FOR ANY INFORMATION OBTAINED THROUGH THE TAMARINDO WIKI SITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OR CORRUPTION OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF TAMARINDO WIKI HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. TAMARINDOWIKI 'S TOTAL CUMULATIVE LIABILITY FOR ANY AND ALL CLAIMS IN CONNECTION WITH TAMARINDOWIKI 'S WEBSITE WILL NOT EXCEED TWENTY FIVE THOUSAND Colones (C 25,000.00). USER AGREES AND ACKNOWLEDGES THAT THE FOREGOING LIMITATIONS ON LIABILITY ARE AN ESSENTIAL BASIS OF THE BARGAIN AND THAT TAMARINDOWIKI WOULD NOT PROVIDE TAMARINDOWIKI 'S WEBSITE ABSENT SUCH LIMITATION. General. Tamarindowiki is based in the Germany. Tamarindowiki makes no claims that the Content on the site is appropriate or may be downloaded outside of Germany. Access to the Content may not be legal by certain persons or in certain countries. If you access the site from outside Germanay, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. These Terms are governed in all respects by the laws of Germany the province of NRW, excluding NRW’s conflicts of laws provisions. The provisions of the UN Convention on Contracts for the International Sale of Goods will not apply to these Terms. A party may give notice to the other party only in writing at that party's principal place of business, attention of that party's principal legal officer, or at such other address or by such other method as the party shall specify in writing. Notice shall be deemed given upon personal delivery or, if sent by certified mail with postage prepaid, 3 days after the date of mailing. If any provision herein is held to be unenforceable, the remaining provisions will continue in full force without being affected in any way. Further, the parties agree to replace such unenforceable provision with an enforceable provision that most closely approximates the intent and economic effect of the unenforceable provision. Section headings are for reference purposes only and do not define, limit, construe or describe the scope or extent of such section. The failure of Tamarindo Wiki to act with respect to a breach of this Agreement by User or others does not constitute a waiver and shall not limit Tamarindo Wiki 's rights with respect to such breach or any subsequent breaches. Any action or proceeding arising out of or related to this Agreement or User's use of this site must be brought in the state or federal courts of the province NRW Germany, and User consents to the exclusive personal jurisdiction and venue of such courts. Any cause of action you may have with respect to your use of this site must be commenced within one (1) year after the claim or cause of action arises. These Terms set forth the entire understanding and agreement of the parties, and supersedes any and all oral or written agreements or understandings between the parties, as to their subject matter. The waiver of a breach of any provision of this Agreement shall not be construed as a waiver of any other or subsequent breach. Links to Other Materials. This Site may contain links to sites owned or operated by independent third parties. These links are provided for your convenience and reference only. We do not control such sites and, therefore, we are not responsible for any content posted on these sites. The fact that Tamarindowiki offers such links should not be construed in any way as an endorsement, authorization, or sponsorship of that site, its content or the companies or products referenced therein, and Tamarindowiki reserves the right to note its lack of affiliation, sponsorship, or endorsement on this site. If you decide to access any of the third party sites linked to this Site, you do this entirely at your own risk. Because some sites employ automated search results or otherwise link you to sites containing information that may be deemed inappropriate or offensive, Tamarindowiki cannot be held responsible for the accuracy, copyright compliance, legality, or decency of material contained in third party sites, and you hereby irrevocably waive any claim against Tw with respect to such sites. back to top 2. Website Terms of Use 2.1 Limitations on Scope of User 2.1.1 Use of the Service is limited to the distribution of news releases and articles, commercial advertisements, personal classified ads, Forum posts, community polls, announcement of community events, presentation of photographic images via Tamarindowiki and registration for and use of offered products and services. Tamarindowiki reserves the right to make changes to the Use of Service at any time and for any reason as Tw deems appropriate. You are responsible for regularly reviewing the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. 2.1.2 You agree not to use the Service for any other purposes, including, without limitation, to store, aggregate, reproduce or distribute information available on the Service in any manner or to compete directly or indirectly with Tamarindowiki; to interfere with or disrupt the operation of the Service or the networks or servers connected to the Service in any manner; to impersonate any person or entity or otherwise misrepresent your affiliation with any person or entity; to upload, post or otherwise transmit any content that infringes the proprietary rights of any third party, or is otherwise unlawful or offensive; to harass or otherwise harm Tamarindowiki or any other person or entity; to gain benefits from the use of the Service without making payment for services rendered; or to engage in commercial activities of any kind without prior consent of Tamarindowiki. 2.1.3 Any unauthorized use of the Service may result in termination of all rights to use the Service and penalties to the full extent provided by law. 2.1.4 All use of the Service is governed by the terms and conditions set forth in the Terms of Use. By using the Service, you agree to be bound by the Terms of Use. 2.2 User Information 2.2.1 For purposes of identification and billing, you agree to provide Tamarindowiki with accurate, complete, and updated information required by the registration to the Service (Registration Data), including your legal name, address, telephone number(s), and applicable payment data (e.g., credit card number and expiration date). You agree to update your account information using the Service to reflect any changes in your Registration Data. Failure to comply with this provision may result in suspension or termination of your right to use the Service. 2.2.2 You are solely responsible for maintaining the confidentiality of your login IDs and passwords, and agree that Tamarindowiki will have no obligations with regard thereto. You are responsible for any and all use of the Service by your account. 2.2.3 You agree Tamarindowiki may access your account to provide customer or technical support requested under your account. 2.3 Privacy 2.3.1 It is Tamarindowiki policy to respect the privacy of its members. Tamarindowiki will not monitor, edit, or disclose any personal information about you or your use of the Service, including its contents, without your prior permission unless Tamarindowiki has a good faith belief that such action is necessary to: (1) conform to legal requirements or comply with legal process; (2) protect and defend the rights or property of Tamarindowiki; (3) enforce the Terms of Service; or (4) act to protect the interests of its members or others. 2.3.2 Tamarindowiki does provide certain personal information in aggregate form to third parties, including its advertisers, for demographics. Some account information you provide to Tamarindowiki may be stored outside of the country in which you reside. 2.4 Payments 2.4.1 You are responsible for all activities and charges resulting from use of the Service. 2.4.2 In the event of a breach of security, you will remain liable for any unauthorized use of your account with the Service until you notify Tamarindowiki by email at This e-mail address is being protected from spam bots, you need JavaScript enabled to view it 2.4.3 Tamarindowiki reserves the right to increase fees, surcharges, membership fees or to institute new fees at any time upon thirty (30) days prior notice. Tamarindowiki may reduce these fees at any time without notice to you. In the event that your account is terminated or canceled, payments credited to your account are non-refundable. 2.4.4 If Tamarindowiki does not receive the full amount of your Service account balance within thirty (30) days of the invoice date or billing date, the lesser of an additional 1% or the highest percentage allowed by law, of the outstanding balance will be added to your bill as a late charge each billing cycle and shall be due and payable. You shall also be liable for all attorney and collection fees arising from Tamarindowiki efforts to collect any unpaid balance of your account(s). 2.5 Warranty & Indemnification 2.5.1 You represent and warrant to Tamarindowiki that you will not transmit by means of the Service any materials of any kind which (i) violate, plagiarize, or infringe on the intellectual property or contractual rights of any third party; (ii) are exported in violation of any law, rule, or regulation governing exports from the United States; (iii) contain libelous, defamatory, obscene, pornographic, abusive or otherwise unlawful material; (iv) contain software viruses or any other malicious code designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment. 2.5.2 You further represent and warrant to Tamarindowiki that your use of the Service will at all times comply with all applicable laws, rules, and regulations. You hereby agree to indemnify, defend and hold harmless Tamarindowiki and its employees, licensors, independent contractors, providers, subsidiaries and affiliates (collectively, the "Affiliates"), from and against any and all liability and costs incurred by the Affiliates in connection with any claim arising out of any breach by you of the foregoing representations, warranties and covenants, including, without limitation, attorneys' fees and costs. 2.5.3 You shall cooperate as fully as reasonably required in .the defense of any claim. Tamarindowiki reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of Tamarindo Wiki. 2.5.4 You agree not to use the account of another person or business entity without permission. 2.6 Disclaimer of Warranties 2.6.1 You agree that use of the Service is entirely at your own risk. EXCEPT AS SPECIFICALLY PROVIDED IN THIS AGREEMENT, THE SERVICE AND THE MATERIALS ON THE SERVICE ARE PROVIDED AS IS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. 2.6.2 Tamarindowiki does not make any representations or warranties that the Service or materials on the Service or products and services purchased at or through the Service will meet your requirements or expectations, or that the operation of the Service will be uninterrupted, timely, secure or error-free. Some jurisdictions do not allow the exclusion of certain warranties, so some or all of the above exclusions may not apply to you. 2.7 Limitation of Liability 2.7.1 You agree that Tamarindowiki will not be held liable for any improper or incorrect use of the Service or the materials on the Service and assumes no responsibility for any user's activities on the Service or for the inaccuracy of any content on the Service. In no event will Tamarindowiki be liable for any direct, indirect, incidental, special, exemplary or consequential damages, including, without limitation, procurement of substitute goods or services, loss of use, data or profits, or business interruption, arising in any way out of the use of (or inability to use) the Service or the materials on the Service or the inaccuracy of any content on the Service, however caused, under any theory of liability. 2.7.2 This disclaimer of liability applies to any damages or injury under any cause of action, including, without limitation, those caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus or bug, communication line failure, theft, destruction or alteration of or unauthorized access to the Service or materials on the Service. Some jurisdictions do not allow the exclusion of liability for incidental or consequential damages, so some or all of the above exclusions or limitations may not apply to you. 2.8 Disclaimer of Liability for Third Party Content and Links 2.8.1 You agree that Tamarindowiki is not responsible and will not be held liable for any third party content on the Service or any third-party content, products or services available on other Web sites accessed through links from the Service. Links to third-party sites are for your convenience only, and their inclusion on the Tamarindowiki Site does not imply any endorsement, guarantee, warranty or representation by Tamarindowiki. 2.9 Proprietary Rights 2.9.1 The Tamarindowiki Site and all materials on the Service, including, without limitation, " Tamarindowiki " and all other trademarks and logos on the Service, are protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as specifically permitted in the Terms of Use or by express written consent of Tamarindowiki, you may not use the Service or the material on the Service in any manner. 2.10 Rights Reserved/Change in Terms 2.10.1 Any rights not expressly granted herein are reserved. Tamarindowiki reserves the right to make changes to these terms and conditions at any time and for any reason by posting a notice on the Service home page. All such changes will become effective 10 days after posting of such notice. Your continued use of the Service after the date such changes become effective will constitute your acceptance of the changes and your agreement to be legally bound by any modifications or amendments to these terms and conditions. 2.11 Termination 2.11.1 Tamarindowiki may terminate your access to any part or all of the Service and any related service(s) at any time, with or without cause, with or without notice, effective immediately, for any reason whatsoever. 2.11.2 Tamarindowiki may also terminate your account for inactivity, which is defined as failing to use the Service for an extended period, as determined by Tamarindowiki. The amount of time that Tamarindowiki currently views as an "extended" period of time is 90 days from account creation. Upon termination of the Service, your right to use the Service immediately ceases. 2.11.3 If you wish to terminate your account, your only recourse is to discontinue the use of the Service. 2.11.4 Upon termination, Tamarindowiki shall have no obligation to maintain any content in your account or to distribute any information which you have entered using the Service. 2.12 Modifications to Terms of Service 2.12.1 Tamarindowiki reserves the right to change the Terms of Service or policies regarding the use of the Service at any time and to notify you by posting an updated version of the Terms of Service on this Web site. You are responsible for regularly reviewing the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. 2.12.2 Your only right with respect to any dissatisfaction with any modifications made pursuant to this provision, or any policies or practices of Tamarindowiki in providing the Service, including, without limitation, (i) any change in the content of the Service, or (ii) any change in the amount or type of Service fees, is to terminate your account by delivering notice to Tamarindowiki. Such notice will be effective upon receipt by Tamarindowiki. 2.13 General 2.13.1 This agreement is governed by the laws of Germany and the province of NRW. Use of the Service is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. 2.13.2 You agree that no joint venture, partnership, employment, or agency relationship exists between you and Tamarindowiki as a result of this agreement or use of the Service. Tamarindowiki performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Tamarindowiki right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Service or information provided to or gathered by Tamarindowiki with respect to such use. 2.13.3 If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. 2.13.4 Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Tamarindowiki with respect to the Service and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Tamarindowiki with respect to the Service. 2.13.5 A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. 2.13.6 You and Tamarindowiki agree that any cause of action arising out of or related to this Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. The section titles in the Terms of Service are solely used for the convenience of the parties and have no legal or contractual significance. back to top 3. Privacy Policy Tamarindowiki Privacy Statement Tamarindowiki respects your privacy and is committed to protect the personal information that you share with us. Generally, you can browse through our Website without giving us any information about yourself. When we do need your personal information to provide services that you request or when you choose to provide us with your personal information, this policy describes how we collect and use your personal information. Information Collection: Personal information means any information that may be used to identify an individual, including, but not limited to, a first and last name, email address, a home, postal or other physical address, other contact information, title, occupation, industry, personal interests, other information when needed to provide a service you requested. When you browse our Website, you do so anonymously, unless you have previously indicated that you wish Tamarindowiki to remember your login and password. We don't automatically collect personal information, including your email address. We do log your IP address (the Internet address of your computer) to give us an idea of which part of our Website you visit and how long you spend there. But we do not link your IP address to any personal information. Like many other Websites, the Tamarindowiki Website may use a standard technology called a "cookie" to collect information about how you use the site. Please go to "Cookies and Tracking Information" below for more information. Tamarindowiki collects personal information when you register with Tamarindowiki for a Tamarindowiki client account, when you use certain Tamarindowiki services, when you register to participate in an online survey, when you ask to be included in an email or other mailing list, or when you submit your personal information to Tamarindowiki for any other reason. From time to time, Tamarindowiki may receive personal information from commercial vendors and partners as part of an email list purchase. Tamarindowiki only uses such information if it has been collected in accordance with acceptable privacy practices consistent with this Policy and applicable laws. Notice: When personal information is collected, we will inform you at the point of collection the purpose for the collection. Tamarindowiki will not transfer your personal information to third parties without your consent, except under the limited conditions described under the discussion entitled "Information Sharing and Disclosure" below. If you choose to provide us with your personal information, we may only transfer that information, within Tamarindowiki or to Tamarindowiki 's third party service providers with your permission. Upon receiving your permission, we may transfer your information across borders and from your country or jurisdiction to other countries or jurisdictions around the world. We will always give you the opportunity to "opt out" of receiving direct marketing, market research information or surveys. This means we assume you have given us your consent to collect and use your information in accordance with this Policy unless you take affirmative action to indicate that you do not consent, for instance by clicking or checking the appropriate option or box at the point of collection. In some cases, when applicable, we will provide you with the opportunity to "opt in." This means we will require your affirmative action to indicate your consent before we use your information for purposes other than the purpose for which it was submitted. Cookies and Tracking Technology: A cookie is a small data file that certain Web sites write to your hard drive when you visit them. A cookie file can contain information such as a user ID that the site uses to track the pages you've visited, but the only personal information a cookie can contain is information you supply yourself. A cookie can't read data off your hard disk or read cookie files created by other sites. Some parts of Tamarindowiki 's Website use cookies to track user traffic patterns. We do this in order to determine the usefulness of our Website information to our users and to see how effective our navigational structure is in helping users reach that information. We also use cookies to verify the efficacy of our advertising and online marketing programs, using 3rd party software to analyze the tracking results. The information is viewed in aggregate, meaning your personal information is not used or displayed. If you prefer not to receive cookies while browsing our Website, you can set your browser to warn you before accepting cookies and refuse the cookie when your browser alerts you to its presence. You can also refuse all cookies by turning them off in your browser, although you may not be able to take full advantage of Tamarindowiki 's Website if you do so. In particular, you may be required to accept cookies in order to complete certain actions on our Website. You do not need to have cookies turned on, however, to use/navigate through many parts of our Website, except access to certain of Tamarindowiki 's Web pages may require a login and password. How We Use Information Collected: Tamarindowiki uses information for several general purposes: to fulfill your requests for certain products (modules) and services, to personalize your experience in secured areas of our Website, to keep you up to date on the latest news and trends, special offers or other information we think you'd like to hear about, and to better understand your needs and provide you with better services. Information Sharing and Disclosure: Because Tamarindowiki is a global company, your personal information may be shared with other Tamarindowiki offices or subsidiaries around the world. All such entities are governed by this Privacy Policy or are bound by the appropriate confidentiality and data transfer agreements. Your personal information is never shared outside Tamarindowiki without your permission, except under conditions explained below. Inside Tamarindowiki, data is stored in controlled servers with limited access. Your information may be stored and processed in Germany or any other country where Tamarindowiki, its subsidiaries, affiliates or agents are located. Tamarindowiki may send your personal information to other companies or people under any of the following circumstances: when we have your consent to share the information; we need to share your information to provide the product or service you have requested; we need to send the information to companies who work on behalf of Tamarindowiki to provide a product or service to you (we will only provide those companies the information they need to deliver the service, and they are prohibited from using that information for any other purpose); or we want to keep you up to date on the latest news and trends, special offers or other information we think you'd like to hear about either from us (unless you have opted out of these types of communications). We will also disclose your personal information if required to do so by law, to enforce our Terms of Use, or in urgent circumstances, to protect personal safety, the public or our Websites. Your Ability to Review and Delete Your Account and Information: If you are a registered Tamarindowiki user, you may request deletion of your Tamarindowiki account or any of your personal information we hold by contacting us. Data Security: Your Tamarindowiki account information is password-protected for your privacy and security. Tamarindowiki safeguards the security of the data you send us with physical, electronic, and managerial procedures. In certain areas of our Websites, Tamarindowiki may use industry-standard SSL-encryption to enhance the security of data transmissions. While we strive to protect your personal information, we cannot ensure the security of the information you transmit to us, and so we urge you to take every precaution to protect your personal data when you are on the Internet. Children and Privacy: Our Websites do not target and are not intended to attract children under the age of 13. Tamarindowiki does not knowingly solicit personal information from children under the age of 13 or send them requests for personal information. Third Party Sites: Tamarindowiki 's Website contains links to other sites. Tamarindowiki does not share your personal information with those Websites and is not responsible for their privacy practices. We encourage you to learn about the privacy policies of those companies. Our Website may contain links to Websites operated by other companies. Some of these third-party sites may be co-branded with a Tamarindowiki logo, even though they are not operated or maintained by Tamarindowiki. Although we choose our business partners carefully, Tamarindowiki is not responsible for the privacy practices of Web sites operated by third parties that are linked to our site. Once you have left our Website, you should check the applicable privacy policy of the third party Website to determine how they will handle any information they collect from you. Changes to this Privacy Policy: Tamarindowiki will amend this policy from time to time. If we make any substantial changes in the way we use your personal information we will make that information available by posting a notice on this site. Questions or Suggestions: If you have questions or concerns about our collection, use, or disclosure of your personal information, please contact us. back to top |
