Terms Of Service

Last Updated: 2017-05-29

Introduction

Civist is a service of Civist UG (haftungsbeschränkt), Berlin, Germany.

These terms and conditions govern your use of this website/webservice; by using this website/webservice, you accept these terms and conditions in full and without reservation. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website/webservice.

You must be at least 18 (eighteen) years of age to use this website/webservice. By using this website/webservice and by agreeing to these terms and conditions, you warrant and represent that you are at least 18 years of age.

License to use this website/webservice

Unless otherwise stated, Civist and/or its licensors own the intellectual property rights published on this website/webservice and materials used on Civist. Subject to the license below, all these intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages, files or other content from the website/webservice for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.

You must not:

  • republish material from this website/webservice in neither print nor digital media or documents (including republication on another website/webservice);
  • sell, rent or sub-license material from the website/webservice;
  • show any material from the website/webservice in public;
  • reproduce, duplicate, copy or otherwise exploit material on this website/webservice for a commercial purpose;
  • edit or otherwise modify any material on the website/webservice;
  • redistribute material from this website/webservice - except for content specifically and expressly made available for redistribution; or
  • republish or reproduce any part of this website/webservice through the use of iframes or screenscrapers.

Where content is specifically made available for redistribution, it may only be redistributed within your organisation.

Acceptable use

You must not use this website/webservice in any way that causes, or may cause, damage to the website/webservice or impairment of the availability or accessibility of Civist or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use this website/webservice to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities on or in relation to this website/webservice without Civist's express written consent.

This includes:

  • scraping
  • data mining
  • data extraction
  • data harvesting
  • ‘framing’ (iframes)
  • Article ‘Spinning’

You must not use this website/webservice or any part of it to transmit or send unsolicited commercial communications.

You must not use this website/webservice for any purposes related to marketing without the express written consent of Civist.

Restricted access

Access to certain areas of this website/webservice is restricted. Civist reserves the right to restrict access to certain areas of this website/webservice, or at our discretion, this entire website/webservice. Civist may change or modify this policy without notice.

If Civist provides you with a user ID and password or API-key to enable you to access restricted areas of this website/webservice or other content or services, you must ensure that the user ID and password or API-key are kept confidential. You alone are responsible for your password and user ID security.

Civist may disable your user ID and password or API-key at Civist's sole discretion without notice or explanation.

User content

In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website/webservice, for whatever purpose.

You grant to Civist a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to Civist the right to sub-license these rights, and the right to bring an action for infringement of these rights.

Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or Civist or a third party (in each case under any applicable law).

You must not submit any user content to the website/webservice that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

Civist reserves the right to edit or remove any material submitted to this website/webservice, or stored on the servers of Civist, or hosted or published upon this website/webservice.

Civist's rights under these terms and conditions in relation to user content, Civist does not undertake to monitor the submission of such content to, or the publication of such content on, this website/webservice.

Third party terms

For the use of the electronic payment system provided by MANGOPAY, their terms and conditions apply [MANGOPAY Terms and Conditions].

No warranties

This website/webservice is provided “as is” without any representations or warranties, express or implied. Civist makes no representations or warranties in relation to this website/webservice or the information and materials provided on this website/webservice.

Without prejudice to the generality of the foregoing paragraph, Civist does not warrant that:

  • this website/webservice will be constantly available, or available at all; or
  • the information on this website/webservice is complete, true, accurate or non-misleading.

Nothing on this website/webservice constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal, financial or medical matter you should consult an appropriate professional.

Limitations of liability

Civist will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website/webservice:

to the extent that the website/webservice is provided free-of-charge, for any direct loss; for any indirect, special or consequential loss; or for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if Civist has been expressly advised of the potential loss.

Exceptions

Nothing in this website/webservice disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website/webservice disclaimer will exclude or limit the liability of Civist in respect of any:

  • death or personal injury caused by the negligence of Civist or its agents, employees or shareholders/owners;
  • fraud or fraudulent misrepresentation on the part of Civist; or
  • matter which it would be illegal or unlawful for Civist to exclude or limit, or to attempt or purport to exclude or limit, its liability.

Reasonableness

By using this website/webservice, you agree that the exclusions and limitations of liability set out in this website/webservice disclaimer are reasonable.

If you do not think they are reasonable, you must not use this website/webservice.

Other parties

You accept that, as a limited liability entity, Civist has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Civist's officers or employees in respect of any losses you suffer in connection with the website/webservice.

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website/webservice disclaimer will protect Civist's officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Civist.

Unenforceable provisions

If any provision of this website/webservice disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website/webservice disclaimer.

Indemnity

You hereby indemnify Civist and undertake to keep Civist indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Civist to a third party in settlement of a claim or dispute on the advice of Civist's legal advisers) incurred or suffered by Civist arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.

Breaches of these terms and conditions

Without prejudice to Civist's other rights under these terms and conditions, if you breach these terms and conditions in any way, Civist may take such action as Civist deems appropriate to deal with the breach, including suspending your access to the website/webservice, prohibiting you from accessing the website/webservice, blocking computers using your IP address from accessing the website/webservice, contacting your internet service provider to request that they block your access to the website/webservice and/or bringing court proceedings against you.

Variation

Civist may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website/webservice from the date of the publication of the revised terms and conditions on this website/webservice. Please check this page regularly to ensure you are familiar with the current version.

Assignment

Civist may transfer, sub-contract or otherwise deal with Civist's rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Entire agreement

These terms and conditions, together with Civist's Privacy Policy constitute the entire agreement between you and Civist in relation to your use of this website/webservice, and supersede all previous agreements in respect of your use of this website/webservice.

Law and jurisdiction

These terms and conditions will be governed by and construed in accordance with the laws of Berlin, Germany, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of Berlin, Germany.

Contact Us

You can contact us by email at hello@civist.com.