ENTEREST Terms, Legal & Privacy Statement
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEB SITE.
ENTEREST operates this web site (the "Web Site") as a service to its visitors subject
to these Terms (as defined below) and all modifications thereto, in addition to
guidelines that may be published from time to time by ENTEREST. By entering and/or
using this and other web sites owned, operated or maintained by ENTEREST or its
affiliates, you, the user, are deemed to have agreed to comply with and be bound
by the following terms and conditions of use (the "Terms"). ENTEREST reserves the
right to modify them at any time, and without actual notice to you. All such changes
to these Terms will appear on the Web Site: http://www.enterest.eu By entering and/or
using this Web Site following any modifications to the Terms, you agree to be bound
by any such modifications to the Terms.
YOU MAY NOT ACCESS OR OTHERWISE USE THIS WEB SITE IF,
AT ANY TIME, YOU DO NOT AGREE TO THESE TERMS.
The operations, businesses, and properties described in this publication are owned
or operated by ENTEREST GmbH or by various affiliates and subsidiaries of ENTEREST
GmbH. The terms "ENTEREST" "company," "we," "our," and "its" when referring to these
entities are used only for convenience and are not intended to be an accurate description
of ownership, operation or corporate/legal relationships.
WEB SITE SERVICES
1. The Web Site is intended to provide information about ENTEREST and its affiliates
to potential customers, business partners, investors, and employees. Such information
about ENTEREST may include, without limitation, a description of its products and
services, financial performance, and potential employment opportunities.
INTELLECTUAL PROPERTY RIGHTS
2. As between ENTEREST and you, ENTEREST is the sole owner of all content on the
Web Site including, without limitation, all applicable U.S. and non-U.S. patents,
trademarks, copyrights (including, but not limited to, selections, collections,
compilations, and arrangements), and other intellectual property rights thereto.
Except as otherwise provided in these Terms, you may not download or save a copy
of the Web Site or any portion thereof, for any purpose. Subject to copyright notice
and the trademark use/link limitations contained in these Terms, you may, however,
print a copy of individual screens appearing as part of the Web Site solely for
your personal, non-commercial, or non-profit educational use or records, provided
that any marks, logos, copyright notices, or other legends that appear on the copied
screens remain on, and are not removed from the printed or stored images of any
such screens.
The designated agent to receive notification of claimed infringement under Title
II of the Digital Millennium Copyright Act can be contacted by clicking on the contact
link at the end of this document.
RESTRICTIONS ON USE OF MATERIAL OR LINKING TO THIS SITE
3. The content on this Web Site is intended for informational purposes only. These
web pages or any portions thereof may not be framed, reproduced or redistributed
for commercial gain or any other purpose. Except as expressly permitted, you may
not modify, copy, publish, display, transmit, adapt, create derivative works from,
or in any way exploit the content of the Web Site. Only if you obtain prior written
consent from us – and from all other entities with an interest in the relevant intellectual
property – may you publish, copy, display, or commercially exploit any material
from the Web Site. If permission is granted by us and by all other entities with
an interest in the relevant intellectual property, you may not change or delete
any author attribution, trademark, legend, or copyright notice. You must abide by
all additional copyright notices or other restrictions contained on the Web Site.
Moreover, any ENTEREST, affiliate, or third party corporate names and logos may
not be altered or used without specific, prior written permission.
DISCLAIMER OF WARRANTIES
4. ENTEREST provides the information on ENTEREST web sites on an "as is" and "as
available" basis, without warranty of any kind, either express or implied. Without
limitation of the foregoing, ENTEREST specifically disclaims any and all warranties,
including, but not limited to: (i) any warranties concerning the availability, accuracy,
appropriateness, reliability, timeliness, or usefulness of the content of the web
site; and (ii) any warranties of title, warranty of non-infringement, warranties
of merchantability or fitness for a particular purpose, or warranties arising from
a course of dealing, usage or trade practice. This disclaimer of liability applies
to any damages or injuries occurring as a result of: (i) any error, omission, deletion,
or defect in the content, or (ii) any failure of performance, error, omission, interruption,
deletion, defect, delay in operation or transmission, computer virus, communication
line failure, theft or destruction of record, unauthorized access to, alteration
of, or use of record, whether for breach of contract, tort, negligence, defamation,
or any other cause of action. ENTEREST does not warrant or guarantee: (i) that any
portion of the web site will be free of infection by viruses, worms, trojan horses,
or anything else manifesting contaminating or destructive properties; or (ii) that
access to the web site will be uninterrupted or error-free.
LIMITATION OF LIABILITY
5. Under no circumstances, including, but not limited to, negligence, shall ENTEREST
be liable to any party for: (i) any direct, indirect, special, punitive, incidental,
exemplary, consequential (including, but not limited to, damages for business interruption,
loss of business profits, loss of programs, or loss of information), or any other
damages arising in any way out of the availability, use, reliance on, or inability
to use the materials in this web site or any other ENTEREST web site, even if ENTEREST
or a ENTEREST authorized representative has been advised of the possibility of such
damages; or (ii) any claim attributable to errors, omissions, or other inaccuracies
in, or destructive properties of the web site. In no event shall ENTEREST’ total
liability to you herein, for any claim or action arising from use of the web site
(whether in contract, tort, or otherwise) exceed the amount paid by you, if any,
for accessing this site. Because some states or jurisdictions do not allow the exclusion
or the limitation of liability for consequential or incidental damages, in such
states or jurisdictions, ENTEREST’ liability shall be limited to the fullest extent
permitted by law.
THIRD PARTY LINKS
6. You may be able to link to third parties’ web sites ("Linked Sites") from the
ENTEREST Web Site. Linked Sites are not, however, reviewed, controlled, or examined
by ENTEREST in any way and ENTEREST is not responsible for the content, availability,
advertising, products, or other materials of any such Linked Sites, or any additional
links contained therein. These links do not imply ENTEREST’ endorsement of or association
with the Linked Sites. It is your sole responsibility to comply with the appropriate
terms of service of the Linked Sites as well as with any other obligation under
copyright, secrecy, defamation, decency, privacy, security, and export laws related
to the use of such Linked Sites and any content contained thereon. You should be
aware that the privacy policies at the Linked Sites will be different from the privacy
policy governing the ENTEREST Web Site (see below). It is your sole responsibility
to read and adhere to the privacy policies of the Linked Sites. ENTEREST shall not
be responsible for the use of any information that you may submit to the Linked
Sites. Further, in no event shall ENTEREST be liable, directly or indirectly, to
anyone for any loss or damage arising from or occasioned by the creation or use
of the Linked Sites or the information or material accessed through these Linked
Sites. You should direct any concerns to the administrators or webmasters of these
respective Linked Sites. ENTEREST reserves the exclusive right, at its sole discretion,
to add, change, decline, or remove, without notice, any feature or link to any of
the Linked Sites from the ENTEREST Web Site and/or introduce different features
or links to different users.
SUBMITTED MATERIALS
7. Unless specifically requested, ENTEREST does not solicit nor does it wish to
receive any confidential, secret or proprietary information or other material from
you through the Web Site, any of its services, by e-mail, or in any other way. By
submitting or sending information or other material to ENTEREST you represent and
warrant that the information is original to you and that no other party has any
rights to the material. By submitting or sending information or other material to
ENTEREST you grant ENTEREST the royalty-free, unrestricted, worldwide, perpetual,
irrevocable, non-exclusive and fully sub-licensable right and license to use, reproduce,
modify, adapt, publish, translate, create derivative works from, distribute, perform
and display such material (in whole or part) worldwide and/or to incorporate it
in other works in any form, media, or technology now known or later developed. You
also warrant that any "moral rights" in posted materials have been waived. You agree
and acknowledge that by using this Web Site, any and all communications and/or information
transmitted by you to or through the Web Site will not be treated as confidential
or proprietary. You agree to defend, indemnify and hold ENTEREST and its directors,
officers, employees, agents and affiliates harmless from any and all claims, liabilities,
costs and expenses, including reasonable attorneys' fees, arising in any way from
your use of the Web Site or the placement or transmission of any message, content,
information, software or other materials through the Web Site by you.
APPLICABLE LAWS / JURISDICTION
8. By accessing or visiting our web sites, you expressly agree that the laws of
Germany, excluding its conflicts-of-law rules, shall govern these Terms. Please
note that your use of the Web Site may be subject to other local, state, national,
and international laws. You expressly agree that exclusive jurisdiction and venue
for any claim, dispute, or cause of action with ENTEREST, or relating in any way
to the Web Site or your use of the Web Site, reside in the courts located in Hamburg,
Germany. You further agree and expressly consent to the exercise of personal jurisdiction
in any State or Federal court sitting in the city, county and state of New York
in connection with any such dispute and including any claim involving ENTEREST or
its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication
providers, and content providers.
9. By accessing or visiting our web sites, you expressly waive any and all rights,
including those related to privacy, to the extent such rights are different and/or
in conflict with those rights protected by federal or New York laws. You are responsible
for compliance with local laws, if and to the extent local laws are applicable.
10. Except as specifically noted above, no right or license is granted to you under
any copyright, patent, trademark or other intellectual property law to use, copy,
reproduce, retransmit, display or create derivative works from materials, logos
and content contained within this Web Site.
FORWARD-LOOKING STATEMENTS
11. Various pages on this web site contain certain forward-looking statements within
the meaning of Section 27A of the Securities Act of 1993, as amended, and Section
21E of the Securities Exchange Act of 1934, as amended, which are intended to be
covered by the safe harbors created thereby. Words such as "expects," "intends,"
"plans," "projects," "believes," "estimates," and similar expressions are used to
identify such forward-looking statements. In addition, certain presentations available
for viewing were created as of the dates indicated on such presentations and ENTEREST
expressly disclaims any responsibility for updating such presentations.
Forward-looking statements relating to ENTEREST' operations are based on management's
expectations, estimates and projections about ENTEREST and the customer care and
billing industry in effect on the date the statements were made. These statements
are not guarantees of future performance and involve certain risks, uncertainties
and assumptions that are difficult to predict. Further, certain forward-looking
statements are based upon assumptions as to future events that may not prove to
be accurate. Therefore, actual outcomes and results may differ materially from what
is expressed or forecast in such forward-looking statements.
ENTEREST PRIVACY POLICY
1. ENTEREST is committed to honoring the privacy and security of visitors to web
sites owned and operated by ENTEREST or its affiliates and have explained the steps
we have taken to do so. We urge you to read the following sections.
PERSONALLY IDENTIFIABLE INFORMATION
2. When you submit a request or electronically pass information to ENTEREST (including,
but not limited to, comments, feedback, employment applications and resumes), you
are sometimes asked to provide certain information, including, but not limited to,
your name, title, company, address, phone and fax numbers, e-mail address and line
of business. We ask for this personally identifiable information in order to facilitate
your requests, provide personalized service and communicate separately with you.
Except as otherwise set forth herein, we do not sell, trade, or rent your personally
identifiable information with any third parties outside of ENTEREST.
3. Because we rely on third party commercial software and programs to operate our
servers, we may inadvertently collect personal information due to certain automatic
functions or features contained in such software or due to certain software changes
or upgrades. We will use reasonable efforts to remove any such information after
we discover such information in our system. If you know of any such unintended collections,
please notify us promptly so we can take the necessary action to remove such information
from our system.
INTERNET PROTOCOL ADDRESS
4. We may use your Internet Protocol address to help diagnose problems with our
server and to administer the Web Site. Your Internet Protocol address is used to
help identify you for the duration of a session and to gather broad demographic
information.
CLICKSTREAM DATA
5. As you browse the Internet, a trail of electronic information is left at each
web site you visit. This information, which is sometimes called "clickstream" data,
can be collected and stored by a web site’s server. Clickstream data can tell us
the type of computer and browsing software you use, the address of the web site
from which you linked to the Web Site, and in some instances, your e-mail address.
We may use clickstream data to determine how much time visitors spend on each page
of the Web Site and how they navigate through the Web Site. [We will only use this
information to improve the Web Site. Any collection or use of clickstream data will
be anonymous and aggregate, and will not contain any personally identifiable information.
CONSENT TO PROCESSING
6. By providing any information to the Web Site, all users fully understand and
unambiguously consent to the collection and processing of such information.
LEGAL DISCLOSURE; CIRCUMSTANCES OF DISCLOSURE
7. Notwithstanding anything to the contrary herein, ENTEREST shall, pursuant to
valid legal process, such as a search warrant, subpoena, or court order, allow access
to information, including personally identifiable information, provided to ENTEREST
or the Web Site in order to comply with such process and to protect our rights and
property. If warranted, we may also allow access to this information in special
emergencies where physical safety is at risk. ENTEREST reserves the right to disclose
any information obtained from or about you, including but not limited to personally
identifiable information, data obtained from internet protocol addresses and clickstream
data, to third parties in connection with a merger, acquisition, bankruptcy or sale
of all or substantially all of ENTEREST' assets.
LINKED SITES
8. The Web Site may contain links to other sites. Other sites may also reference
or link to the Web Site. ENTEREST is not responsible for the privacy practices or
the content of such other sites. See Section 6 ("Linking") above in the Terms and
Conditions of Use.
CHILDREN
9. The Web Site is not directed nor targeted to children. ENTEREST will not knowingly
collect information from children. Because our software does not automatically distinguish
visitors under 13 from other visitors, ENTEREST requires users under 13 years of
age to obtain the consent of a parent, guardian, teacher, or librarian to view the
Web Site. If ENTEREST learns that a child has provided personally identifiable information
to the Web Site, it will use reasonable efforts to remove such information from
its files.
USER’S ACCEPTANCE OF THIS POLICY
10. By visiting the Web Site, you signify your assent to the terms of ENTEREST’
privacy policy. If you do not agree with the terms of this privacy policy, please
do not use the Web Site. We reserve the right, at our sole discretion, to change,
modify, add, or remove portions from this privacy policy at any time. Your continued
use of the Web Site following the posting of changes to these terms means you accept
these changes.
If you have any questions or comments regarding privacy issues on the ENTEREST Web
Site, please use the mailbox given at the end of this document.
SECURITY
11. We take security very seriously. However, due to the open communication nature
of the Internet, we cannot guarantee that communications between you and ENTEREST,
and ENTEREST and you, will be free from unauthorized access by third parties. Users
of the Web Site use the Web Site at their own risk.
RESPONSIBLE FOR THE CONTENT
Enterest GmbH
Bornbarch 9
22848 Norderstedt
Germany
Managing Directors: Martin Laesch, Andrew Tan, Bernd Niedergesäß
Tel: +49 (40) 94 363 94 - 0
Fax: +49 (40) 94 363 94 - 29
Contact us here
HRB: 8572 KI
VAT-ID: DE 2147 399 32