Terms of Service
Top5-Test.de, LLC is a legitimate and legally bound Service, registered in the respective Israel Company Registry. All business and transactions done via Top5-Test.de have the appropriate consent from state authorities, and are in accordance with Israel governing Law.
References in these documents to Top5-Test.de, “We” or “Us” mean Top5-Test.de, or (if different) an owner Company or another Parent or Daughter Company that is conducting the specific Sale and/or any successors and assigns there to. References to “You”, “Your” and “User” mean the person, group or other entity utilizing Top5-Test.de. References to “Buyer” mean Users, which have successfully submitted an order, and entered into contract with Top5-Test.de.
By visiting and using Top5-Test.de’s Website or App, You are hereby compliant to all Provisions including the express terms and restrictive covenants these General Terms of Service and Top5-Test.de is other legal documents and/or notifies include, and thus find them to be reasonable. If you do not find these provisions reasonable, please stop using this Website and/or Services. Deletion of your User Account or Profile information is also required. Unless you do so, you WARRANT that you are compliant to these Terms of Service and provisions to which you are properly notified via Our Website. Furthermore, you hereby INDEMNIFY Top5-Test.de, its owner Company, Subsidiaries, Offices, Partners, Employees, Management or Administrative Team, other Representatives and all future individuals or legal persons involved with Top5-Test.de, in respect to any losses possibly suffered in connection to the Website, Software, Content and Services. Top5-Test.de, being a private entity does NOT support intolerant behavior and does not promote any type of penal activity.
Top5-Test.de TERMS OF SERVICE
1. INTRODUCTORY CLAUSES
2. REGISTRATION AND PROFILE
Registration with Top5-Test.de Users, for the purposes of visiting and browsing our Website may or may not have a registered account. Please note that some aspects of functionality of Top5-Test.de are to be limited without having a registered account. Upon registration, some personal information may be required from you. For the purposes of purchases, please see Subsection 4.4. The personal information that may be required from you is your contact details (such as, without limitation: name, e-mail address, shipping address, country/state, telephone number) and your billing details (such as, without limitation: the billing credentials as per your preferred way of purchasing goods from Top5-Test.de).
During the registration process for Registered Users, we will ask you to create an account, which includes a sign-in name (“Sign-In Name”), a password (“Password”), and perhaps certain additional information that will assist in authenticating your identity when you log-in in the future (“Unique Identifiers”). When creating your account, you must provide true, accurate, current, and complete information. Only one Registered User can use each Sign-In Name and corresponding Password, and sharing your access credentials with others is a material breach of this Agreement. You are solely responsible for the confidentiality and use of your Sign-In Name, Password, and Unique Identifiers, as well as for any use, misuse, or communications entered through the Websites using one or more of them. You will promptly inform us of any need to deactivate a Password or Sign-In Name, or change any Unique Identifier. We reserve the right to delete or change your Password, Sign-In Name, or Unique Identifier at any time and for any reason and shall have no liability to you for any loss or damage caused by such action. Top5-Test.de, LLC will not be liable for any loss or damage caused by any unauthorized use of your account.
3. Top5-Test.de USAGE GUIDELINES
These Usage Guidelines are to be applicable for both the Top5-Test.de Website and Application. You agree not to engage in any of the following prohibited activities:
• Copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated “scraping”;
• Using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Service in a manner that sends more request messages to the Top5-Test.de servers than a human can reasonably produce in the same period of time by using a conventional web browser (except that Top5-Test.de grants the operators of public search engines revocable permission to use spiders to copy publically available materials from our websites for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials);
• Transmitting spam, chain letters, or other unsolicited email;
• Attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service;
• Taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure;
• Uploading invalid data, viruses, worms, or other software agents through the Service;
• Collecting or harvesting any personally identifiable information, including account names, from the Service;
• Using the Service for any commercial solicitation purposes;
• Impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity;
• Interfering with the proper working of the Service;
• Accessing any content on the Service through any technology or means other than those provided or authorized by the Service; or
• Bypassing the measures, we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein. A material breach of these provisions gives Top5-Test.de the Discretional Rights as per Section 12 and Subsection 4.3.
4. USE OF SERVICE
4.1. Copyright notice.
4.2. Submissions on Top5-Test.de
For the purposes of this section, all forms mutual communications between users or between users and this Website’s administrators, including, but not limited to: comments, ratings or other communications such as text, videos, pictures or other multimedia files on this Website will be referred to as “User Submissions” or simply “Submissions”. User Submissions are a type of content added by (all types of) users, as opposed to the created and displayed content by Top5-Test.de. All content uploaded to this Service is to be regarded primarily as a User Submission. Top5-Test.de reserves the right, but not the obligation, to start inquiries about possible breaches of these Terms of Service. Top5-Test.de does not, in any way, endorse, favor or otherwise approve of any User Submission, which is freely uploaded by the Registered Users. Violations of the Terms under which Content may be uploaded may result in removal of the Submission with or without previous notice. Repeated breaches of the Content Terms may result in a part-time or permanent ban of a User from accessing certain functionalities of our Service. Upon sharing your User submission, you retain all proprietary rights. You hereby grant Top5-Test.de a Universal, Worldwide, non-Exclusive, Royalty-free, Transferrable License to be used, reproduced, performed, modified, displayed and otherwise manipulate with the User Submission. These licenses granted by you in User Comments are perpetual and irrevocable. The licenses are not valid for User submissions, which have or had been deleted by the Users. Please note that this license is only granted to Top5-Test.de in order to feature or display some of your user submissions on its Website worldwide. User submissions of General users allowed to upload user comments in various forms (text or multimedia) is not to infringe any copyright, intellectual property right or other proprietary rights of any third party whatsoever, outside the scope of fair use. In case a user submission (ex. User comment) is used for marketing goals on behalf of Top5-Test.de, the name or nickname of the user will be included as a form of accreditation.
4.2.1. Reverse Licensing Grant
Upon sharing submissions via Top5-Test.de, you retain all proprietary rights, grant Top5-Test.de a Universal, Worldwide, non-Exclusive, Royalty-free, Transferrable License to be used, reproduced, performed displayed, and otherwise manipulate with the User Submission. These licenses granted by you in User Comments are perpetual and irrevocable. The licenses are not valid for User submissions, which have or had been deleted by the Users. Please note that this license is granted only in order for your creative work(s) to be available on the service, as well as for some specific marketing or featuring abilities that Top5-Test.de may exercise. Accreditation of user creations uploaded by creators is to be included in a clear and visible space on the specific webpage in which the creation is included. If the creation is shared on a third-party platform or used as a marketing material on behalf of Top5-Test.de, the name or nickname of the author will be included, and considered an appropriate accreditation.
4.3. Breach of these Terms of Service. Top5-Test.de’s Reserved Rights.
Top5-Test.de reserves the right to terminate a User’s access to its Website or Software if, under appropriate circumstances, they are determined to be repeated Infringers. Top5-Test.de further reserves the right to decide, weather User Submissions of any kind are appropriate, and if they comply with these provisions. Top5-Test.de reserves the right, but not the obligation to initiate personal inquiries of potential abuse and/or misbehavior personally or upon filed reports or complaints, regarding any Users’ activity. Any investigation or inquiry will be at the sole discretion of Top5-Test.de and it will include any steps that Top5-Test.de finds appropriate. Note that these steps may include disclosing User conduct to one or more entrusted parties. Sanctioned by Israel Governing law, any misconduct and/or breach of the aforementioned usage provisions will be treated as seen fit by Top5-Test.de under its sole discretion.
4.3.1. Discretional Rights.
Methods of preventing further damage or nuisance towards other Users may, Top5-Test.de’s staff or other third parties towards, which Users have committed a breach of their rights include:
• Suspension or Termination of Your User Account with or without previous notification;
• Temporary or permanent Bans from Our Websites with or without previous notification;
• Other methods Top5-Test.de’s staff or administrators see fit.
Further note that Top5-Test.de, in dealing with specific breaches of these provisions, does exclude bringing up civil and/or penal legal action against an individual or group, whom or which have taken part in this type of behavior. Note that Top5-Test.de may disclose Your personal information in the NECESSARY range under the governing law of the Israel in connection with any current or future legal proceedings in order to constitute or defend its respective rights or in case Top5-Test.de needs to comply with the demands (namely formal requests) of appropriate State authorities.
4.5. Anti-solicitation provisions
Users shall withhold of any solicitation, causing or assisting to any employee, officer, director, agent, admin, commissioner, consultant or helper in: terminating, suspending, discontinuing of employment, consultancy and/or any relationship this person has with Top5-Test.de; Users shall further withhold from soliciting or causing an existing or potential Customer to cease using Top5-Test.de and the provided Products and Services or soliciting and causing a potential Customer to use other Products or Services competitive with Top5-Test.de’s Products and Services. Users may NOT, in any way aid, abet or authorize any person, group or entity in any of the aforementioned actions.
4.2.1. Libel and Defamation
Users shall further withhold from making any slanderous, negative or defamatory statements about Top5-Test.de or any of its Representatives, which may result in hurting the reputation, image or goodwill of Top5-Test.de or its Representatives.
4.3. Sharing on Third-Party Platforms
The Service may further use social media buttons or plugins from third party Services, which allow Users to connect with third-party social networks and platforms. All content shared from the Top5-Test.de Website is to be accredited by means of hyperlink from the third-party Service to the Website. Upon sharing information to third-party Services, you will abstain from causing nuisance to users using the third-party Service or Platform.
4.4. ORDERS AND PAYMENT
Top5-Test.de and Third party authorized websites use third party billing protocols in order to securely process your purchases. The third-party billing protocols enjoy a high level of encryption and security, in order for your payment to be safely made without any risks.
5. Methods of Contracting. Usage of the service´s assets and identification against third-party defective performances.
In case of an agreement with Top5-Test.de, which may include usage of photos, effigy, trademarks, logos, useful designs, trade secrets, or any other object, being a registered intellectual property, or in the case the material is copyright protected, the usage of these materials, in accordance to the licensing provisions described further bellow. Shall be for the use of providing the services as expressly agreed with Top5-Test.de.
An order of Service (thereinafter referred to as: “Order”) is an ordered, service as per the prescribed specifications (thereinafter referred to as: “Offer”) on the Top5-Test.de website. An Offer is a binding offer from the Service to the Client to conclude various types of agreements in the field of marketing and advertisment, consulting etc. This offer is based on the description found on the specific part of our Website (without limitation to: duration, classification, included extras, costs, methods of payment etc.), as far as the Client has access to this information. Information on other websites not administered by the Service are not binding towards the Service, and do not constitute part of its contractual duty unless they have been explicitly stated on the Top5-Test.de Website
The preferred manner of placing orders is electronically (by means of e-mail or by an internet-based Website service). The Client shall receive electronic confirmation (thereinafter referred to as: Order Confirmation) of the orders made by e-mail or on the internet.
Formation of contract occurs upon receipt of the Order Confirmation from the Service, acting either in its own capacity, or as an agent of an affiliate marketer, which is active on Top5-Test.de’s Website. Please note, that such products or services provided are to be expressly classified as such. Order Confirmation does not require a specific form, so confirmations received orally or by telephone are legally binding upon the Client as well.
If there are any discrepancies between the Content of the Offer and the Order Confirmation, such occurrence constitutes a new offer on the part of Top5-Test.de. The contract shall be formed based on this new offer if the Client indicates his or her acceptance of this offer by means of explicit declaration or implicit means, namely payment of a deposit or the balance, or use of the provided services.
Top5-Test.de shall not hold the Service liable to any services outside the scope of the offered arrangement. We are not responsible for the Defective performance of any type of Third-party services (usually identified by arranged by third-party service providers and expressly described in the offer made to the Client as facultative/additional expenses, or expressly described as affiliates or partners placing their services through Top5-Test.de.), as we place their offers throughout our website by agreement with third-party service providers, but do not have any objective influence on the execution of these services, which are solely provided by the third-party service providers.
6.1. General Disclaimer
Top5-Test.de’s website, content and services are all provided “as is”. Top5-Test.de does not unilaterally provide any express or implied terms, representations, warranties or conditions. Top5-Test.de, its employees, offices, agents or other representatives are further not liable, to the maximum extent permitted by law for any: direct, indirect, special or consequential loss; business or private losses, including: income, savings, or profit loss, loss of contract, loss of goodwill or representations loss, warranty loss, data corruption, personal loss. The aforementioned limitations are voided in the exclusive case that Top5-Test.de has willingly voided it is limitation of liability in a specific Set of Terms and/or Contract. Limitations apply in the case that Top5-Test.de had been advised of the potential loss. Top5-Test.de does not take any responsibility for the unreasonable behavior of visitors and/or third parties. Furthermore, Top5-Test.de does not take any responsibility for publishing any content, which is not in any way meant to constitute and/or provide any type of professional advice. Top5-Test.de is further not responsible in any way, to no extent in the unlikely case of severe host and/or server failure or breach, or any other Vis major, which is not in scope of Top5-Test.de’s ability to control. This disclaimer cannot and will not exclude any warranty or liability implied by the Israel Governing law, will not exclude and/or limit any warranty or liability, which is illegal or unlawful to limit or exclude in compliance with Israel Governing law. You hereby understand this liability limitation statement, and are fully compliant with it in its entirety.
7. SOFTWARE LICENSE AGREEMENT
7.1. Software License Agreement
This specific software license and terms of service, along all rights or obligations notifies constitute a single, legally binding agreement between Top5-Test.de and you. These terms of service along with auxiliary and supplemental documents form the complete and exclusive statement of the provisions governing the usage and privacy notifies of Top5-Test.de’s software, documentation and auxiliary materials, which form a full and functional service. You express your intent to use the aforementioned. By expressing consent expressly or in any other ways including, but not limited to: written or oral statements, usage of this Website and App or other conclusive manner possible. You are hereby compliant, and therefore bound by this set of legal documents. By using Top5-Test.de’s software, Website and Apps, products or services, you are compliant with the provisions of these terms of service, and supplemental documents, and thus find all provisions to be reasonable. If you are not compliant to this set of documents, or in any way do not find these provisions reasonable, please stop using Top5-Test.de’s software, Website and App and/or services. Deletion of profile information is required. Unless you do the aforementioned, you conclusively warrant that you are compliant to the aforementioned documents and their express provisions.
7.2. Express Licensing Grant
Top5-Test.de hereby grants you a non-exclusive and non-transferrable license to use of this Website and App’s content and services. This license limited to personal use, and is further limited according to any Terms or Contract Top5-Test.de stipulates with you. Applicable Licensing Terms may be displayed at an accessible place or visible to you.
8. Copyright Policy
The Content on our Service is primarily original, unless stated and/or attributed otherwise. The site’s Content is created, gathered, modified and/or published with respect to the Authors (Licensors) in accordance with the Israel Governing Law and international intellectual property law standards. Top5-Test.de, together with the Authors (Licensors) owns and controls all the copyright and/or other intellectual property rights of the complete Content on the Website. All the copyright and/or other intellectual property rights regarding this Website’s full Content (including, but not limited to sections of this Website which are or are not available to the general public, registered Users, persons with authorized access to specific sections of the Website etc.) are reserved. Unilateral statements voiding partial or full reservation of copyright and/or other intellectual property rights are invalid. All eventual further licensing and/or transfers of copyright and/or other intellectual property rights regarding the design, Content and/or functionality of this Website can only be transferred via a binding agreement between Top5-Test.de, requiring express consent towards the transfer of these rights to third parties upon their previous request, which is made available to this Website’s visitors. Top5-Test.de cannot guarantee the issuing of Licenses to any person, group and/or other third party without a previous formal request. Top5-Test.de DOES NOT WARRANT that Licenses will be issued to any person, group and/or other third party AT ALL. Note that any unilateral transfer of copyright and/or other intellectual property rights are invalid. Any breach of Content and intellectual property law provisions, sanctioned by Israel governing law does not exclude the possibility of Top5-Test.de treating the issue in a way it sees fit. Note that legal action against the individual or group involved in such a breach is not excluded.
8.2. The DMCA
If you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing: - A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; -Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; -Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;- Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; -A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Notifications of claimed Infringement should be sent via e-mail, post or fax. You acknowledge that if you fail to comply the aforementioned requirements, your DMCA notice may not be valid. If you believe that your User Submission that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content in your User Submission, you may send a counter-notice containing the following information to the Copyright Agent: - Your physical or electronic signature; - Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled; - A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; -Your name, address, telephone number, and e-mail address, and a statement that you will accept service of process from the person who provided notification of the alleged infringement. If your counter-notice is received by the Copyright Agent, Top5-Test.de may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Top5-Test.de’s sole discretion
9. THIRD-PARTY LINKED WEBSITES AND SERVICES
10. TERMINATION OF AGREEMENT
11. LEGAL NOTICES
11.1. Pro-Validity Clause
If any provision of these Terms of Service is, or is to be found by an appropriate authority, unenforceable under Israel Governing law, that will not affect the enforceability of any other provisions of these Terms of Service.
11.2 Dispute-Resolution Clause
These Terms are written in compliance with the governing law of the Israel and international standards. The Parties agree to solve all disputes or controversies, including those arising from termination of employment in a manner other than filing court actions. Alternative dispute-resolution prevents statute barring of the rights and obligations arising from this Agreement. If these dispute-resolving methods prove unsuccessful, they are to commence court proceedings. If any provision of this Agreement is, or is to be found by an appropriate authority, unenforceable under governing law, that will not affect the enforceability of any other provisions of this Agreement. Statutory provisions will govern all aspects of the individual Service Agreement, which have not been regulated by the provisions of these General Terms of Service or specific set of documents in connection to the provided Service(s), by the Israel law.
11.3. Applicable Law. Equitable Relief
The parties covenant that the applicable and usable law according to which this agreement will be governed will be the applicable law of the United Kingdom of Great Britain and Northern Ireland. Subsequently to the aforementioned, the governing law of the Israel will regulate all disputes or litigation arising from the content of this contract or its execution, accordingly.
You acknowledge and agree that in the event of a breach or threatened violation of our intellectual property rights and confidential and proprietary information by you, we will suffer irreparable harm and will therefore be entitled to injunctive relief to enforce this Agreement. We may, without waiving any other remedies under this Agreement, seek from any court having jurisdiction any interim, equitable, provisional, or injunctive relief that is necessary to protect our rights and property pending the outcome of the arbitration referenced above. You hereby irrevocably and unconditionally consent to the personal and subject matter jurisdiction of the federal and state courts in the State of New York, Borough of Manhattan for purposes of any such action by us.
12.1. Corporate Continuity
In the event that Top5-Test.de goes through a business transition (merger, acquisition, sale of assets etc.), your personal information and content uploaded by you will likely be among the assets transferred accordingly to the title of transfer under which the information and content are being owned or used by the Service (ex. If you, as a Creator, have licensed your submission to the Service in order to be displayed, this right will be transferred to the party included in the business transaction with Top5-Test.de). You will be notified via e-mail of any such change of ownership of your personal information.
Top5-Test.de takes security very seriously. That is why industry-standard Encryption technology is utilized to safely store your personal information. Top5-Test.de follows accepted industry standards during the process of submission, transmission and acceptation of personal information. No method so far is 100% accurate, but we are committed in caring for the information you share with us in the best way possible. All of our employees are kept up to date in regards of privacy practices. Personally identifiable information are kept in a secure environment. If you have any questions in regards to our Security protocols, please do not hesitate to contact us, using the contact information provided on the Top5-Test.de website.
This service, as a legal person bound by ethics and etiquette, will disclose any security breaches which might occur on this website in the case such breach does occur and our Staff acquires knowledge of it. Users registered and all other possibly affected parties shall be notified via the information provided on this Website. If Top5-Test.de does not disclose such a breach knowingly and within a reasonable time from such an occurrence, Users may seek relief from the Service.
12.2. Service Continuity
Top5-Test.de reserves the right to discontinue any portion of the whole service with or without previous notice. Top5-Test.de is not to be held liable for such discontinuance. Any concluded sales will survive the discontinuance of these Terms of Service, and are to be executed on behalf of Top5-Test.de and the Return and Shipping policy.
12.3. Continuity of this Document and other Legally-binding documents
13. CUSTOMER SERVICE
Our primary objective is to deliver a smooth and enjoyable experience to our customers. Therefore, we do not want any question or issue to remain unresolved. You can contact our Contact and Customer Service Staff by means of e-mail, telephone number or other methods, which can be found on our website. The company provides assistance, guidance and advice via the customer care representatives. Upon contacting the customer service, you agree to be respectful and kind.
14. TEXT AND HEADINGS. FINAL CLAUSES REGARDING CONSUMER PROTECTION.
14.1. Document as a whole
These Terms of Service reflect the policy of Top5-Test.de in regards to your usage of this Website. They are further intended to inform Top5-Test.de’s Users of the possible results of breaches of these Terms, in regards to using this Website, Software and/or Services. If you have any questions, do not hesitate to contact us via e-mail, post, telephone number or by using our Online Support Service.
14.2. Consumer Protection Clause
You hereby conclusively enter into this agreement by repeated usage of this Website. If you find any of these provisions unreasonable, please refrain from further usage of this Website.
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