This Terms of Service (ToS) as translation of the German AGB
Presuppositions of this Service
1. MetaPartner (“Provider”) operates the sites PrimePager.com, PrimePager.xyz, PrimePager.pl and PrimePager.de (more sites will follow) and provides the services (”Service”) offered on these sites.
2. Provider assumes that you (the “User” of the Service) do understand and acknowledge these ”Terms of Service” and use the Service subject to your compliance with the terms and conditions as set forth below. Please read them carefully.
3. Provider reserves the right to update and modify the Terms of Service at any time without notice.
4. New features may be added to the Service and shall be subject to the Terms of Service.
5. Users continued use of the Service after any such modifications is equivalent to Users agreement to such modifications.
6. The most recent version of the Terms of Service is regularly published on http://primepager.xyz/tos
7. Users violation of any part of the Terms of Service will result in termination of Users account.
Conditions and Terms of the Service
1. User must provide his full legal name, a valid email address, and any other required information to complete the sign-up process.
2. User is responsible for maintaining the privacy and security of the access to User account. Provider can not be held liable for any claimed damage or loss that may result from any unresponsible use of Users login information.
3. Provider may communicate with User via email regarding your account, system updates, or other issues related to the operations of the Service.
4. Provider may refuse service to anyone for any reason at any time.
5. A Service Fee based on the plan chosen by User will be charged, except in the free trial period. This Fee is billed in advance for the period chosen (“yearly” or “monthly”) from the Credit Card presented by User when ordering.
6. If User order is given within the trial period, the order is initiated exactly when the free trial period terminates.
7. The Service Fee is non-refundable, there will be no refunds or credits.
8. Should User not need the Service for a longer period of time, we advise to cancel the Service and to order again when you need the Service. In case you have a loads of data uploaded and you want us to keep the data, we can do that for you for a fee depending on data volume and time. Please open a support ticket for that in due time.
9. Provider reserves the right to increase the service fee if the number of unique visitors to User’s page(s) exceeds what has been reserved for your plan.
10. Provider reserves the right to modify, suspend, or discontinue the Service at any time for any reason with or without notice.
11. Provider reserves the right announce new billing rates with a 30 day notice. Fee change notices may be posted by Email and will be published on the PrimePager website.
Cancellation and Termination of this Service:
1. The proper cancellation of User’s account is made under his responsibility at any time via the PrimePager account in User’s dashboard. This represents the only way to cancel an account. Email or phone requests to cancel an account will not lead to cancellation.
2. Provider may and will delete User’s account and all of its content immediately upon cancellation of Service, unless agreed in writing that the account with all its content is kept on the system.
3. User is liable for all charges accrued up to the time you discontinue our Service. You will not be charged after that.
Copyright and Ownership
1. Provider owns the intellectual property rights to any and all protectable components of the Service, including but not limited to the name of the Service, the design and artwork, the end-user interface except those that are determined by the chosen suppliers to the Service. You may not copy, modify, adapt, reproduce, distribute, reverse engineer, decompile, or dissemble any aspect of the Service which Provider or its suppliers own.
2. Data provided by the Service remains the sole property of Provider.
3. Provider claims no intellectual property rights over the content you upload or provide to the Service. However, by using the Service you agree that others may view your Content and that Provider may republish your Content for its own promotional purposes.
1. User acknowledges that the use of the Service, including any content, information or functionality contained within it, is provided “as is” and “as available”.
2. Provider assumes expressively no warranties of any kind, either expressed or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
3. User assumes total responsibility and risk for the use of this Service.
4. User may not to resell, duplicate, reproduce or exploit any part of the Service without the express written permission of Provider.
5. User may not use the service to store, host, or send unsolicited email (spam) or SMS messages.
6. User may not use the service to transmit any viruses, worms, or malicious content or commit internet fraud.
7. Activities expressly prohibited include but are not limited to the promotion or support of hate crime, physical threats to individuals or groups, exploitation of children (sexually or otherwise,) dangerous or illegal activities including but not limited to bomb making or unlicensed trade in weapons, drugs or human beings.
8. User may not access the Service for purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purposes.
9. User is responsible for all activities occurring under your account.
10. Provider may cancel your account at any time for any reason.
11. Provider makes no warranties regarding
(a) User’s ability to use the Service,
(b) User’s satisfaction with the Service,
(c) the uninterrupted and error-free availability of the Service,
(d) the accuracy of mathematical calculations performed by the Service,
(e) the correction of bugs or errors in the Service.
Of course the Serves strives to achieve these issues.
12. Provider, its partners, affiliates and its sponsors are neither responsible nor liable for any direct, indirect, incidental, consequential, special, exemplary, punitive or other damages arising out of or relating in any way to your use of the Service. Your sole remedy for dissatisfaction with the Service is to stop using the Service.
13. If any provision of the Terms of Service is held invalid or otherwise unenforceable, the enforceability of the remaining provisions shall not be impaired thereby.
14. The failure of Provider to exercise any right provided for herein shall not be deemed a waiver of any right hereunder.
15. The Terms of Service sets forth the entire understanding between User and Provider as to the Service and supersedes any prior agreements between User and Provider.
16. Any questions regarding the Terms of Service should be addressed to the support of Provider.
Berlin, December 19th, 2015