Thank you for using our services, which are owned and provided by Díaz & Hilterscheid Unternehmensberatung GmbH (“D&H”) located at Kurfürstendamm 179, 10707 Berlin, Germany.
By using the services, including www.diazhilterscheid.de and any other related URLs and domains that D&H may deploy (agiletestingdays.com, agiletestingdays.us, agilescandia.com, agiletestingday.nl, softwaretestingworldcup.com, trendigconf.com), you are agreeing to these terms. Please read them carefully.
This user agreement is in effect as of 2016-12-01.
Responsible Use Policy
By accessing D&H’s websites and the information, products, services, tools and materials contained and described thereon (hereafter referred to as “Means”), you agree to use these Means only for the purpose intended as permitted by (a) the terms of this agreement, and (b) in accordance to local, state and federal laws, and generally accepted online regulations and guidelines.
You agree to abide by the following rules with respect to the websites:
I. Do not submit or post any message or item anonymously or under a false name.
II. Do not submit or post any contaminating features (e.g. viruses, Trojans etc.).
III. Do not submit or post any unlawful, threatening, abusive, defamatory, obscene, pornographic, or otherwise objectionable item of any kind.
IV. Do not submit or post messages of a personal nature or disclose private information about any person.
V. Do not submit or post information that is not related to the topic or subject area.
VI. Do not submit or post information that infringes someone else’s copyright, trademark, trade secret, patent, or other proprietary right, or violates copyright laws and specific legislations.
VII. Do not submit or post any unauthorized or unsolicited mailings (e.g. advertising, promotional material, chain letters, spam, junk mail etc.) to people and entities without their consent.
Further, you understand and agree that:
I. In order to access the Means, you may be required to provide accurate and correct information about yourself (e.g. identification, contact details etc.) as part of the registration process or as part of accessing and using the Means.
II. You handle any login information of your account(s) with strict confidentiality and do not disclose it to third parties. You are responsible for all activities that occur under your account(s).
III. You specifically agree not to access (or attempt to access) any of the Means through the use of any automated, criminal or unconventional methods or actions (e.g. software codes, malicious scripts, web crawlers, bots etc.). Accessing (or attempting to access) any of the Means other than through the methods and actions D&H authorizes and permits is strictly prohibited.
IV. Performing any activity that interferes with, disrupts or damages the Means, including the servers, networks and other properties, is strictly prohibited.
V. You will not copy, duplicate, reproduce, sell, trade or resell the Means for any purpose.
VI. You are solely responsible for any breach of your obligations and for the consequences (e.g. damages, loss etc.) which D&H may directly or indirectly suffer from. Due to any unauthorized and prohibited activities conducted by you, you may as a result to your activities incur criminal and civil liability.
VII. D&H may provide modern communications tools on the websites, such as blog posts, blog comments and various social media services. You understand that you are solely responsible to use these tools in an ethical and conscientious manner as D&H does not pre-screen or monitor the content posted by user. You agree that you will not post, upload, share, or otherwise distribute any content that:
- Is unlawful, threatening, abusive, defamatory, obscene, pornographic, racist, harassing, fraudulent or otherwise objectionable of any kind, or contains suggestive, inappropriate, or explicit language.
- contains any type of unauthorized or unsolicited advertising.
- impersonates any person or entity, including any diazhilterscheid.de employee or representative.
D&H expressly reserves the right to remove or delete (with or without notice) any content that, in sole judgment, violates this user agreement and/or is otherwise offensive, harmful, objectionable, inaccurate, threatening or violates the copyrights or trademarks of any third-party. D&H will not be held responsible for any delay or failure in removing such content. If D&H removes or deletes inappropriate content posted by you, you hereby consent to this removal and irrevocably waive any claim against D&H.
IX. You agree to indemnify and hold harmless D&H, its directors, officers, managers, employees, donors, agents, and licensors from and against all claims resulting from any violation of this user agreement and the failure to fulfill any obligations relating to your account incurred by you or any other person using your account. D&H is entitled to take exclusive control and defense of any such claim otherwise subject to indemnification by you, in which event, you will fully cooperate with D&H in asserting any available defenses.
Your Intellectual Property Rights
D&H respects the intellectual property rights of others and expects that you do the same. If you have good reason to believe that your work has been copied or is being used on our website in a manner that violates your intellectual property rights, we request that you inform D&H by providing the following information:
- the signature, physical or electronic, of the person authorized to act on behalf of the owner of those rights;
- a description of the work in relation to which you claim rights have been infringed;
- the specific location on our website of the item that you claim is infringing your rights;
- your address, telephone number and e-mail address;
- a statement by you that you have good faith reasons to believe that the disputed use is not authorized by the intellectual property rights owner, its agent, or the law; and
- a statement by you, made under penalty of perjury or false oath (as is appropriate under applicable law), that the above information in your notice is accurate and that you are the intellectual property right owner or authorized to act on the owner’s behalf.
Disclaimers of Warranties
By using the websites, you expressly acknowledge and agree that all Means provided by D&H are on an “as is” and “as available” basis. This means that you use the websites at your own risk. We expressly disclaim all warranties of any kind with respect to the websites and their contents. D&H does not represent, warrant or guarantee that:
- the use of the websites or Means will meet your expectations.
- the use of the websites or Means will be uninterrupted, timely, secure, or free of errors.
- the information obtained by using the websites or Means will be accurate or reliable.
- any defects in the operation of the functionality of any Means D&H provides will be repaired or corrected.
Furthermore, you acknowledge and agree that:
- any content downloaded or otherwise obtained through the use of Means is done at your own discretion and risk, and that you are solely responsible for any damage to your computer or other devices for any loss of data that may result from the download of such content.
- no information or advice, whether expressed, implied, oral or written, obtained by you from D&H or through any Means D&H provides shall create any warranty, guarantee, or conditions of any kind, except for those expressly outlined in this user agreement.
Limitation of Liability
Under no circumstances shall D&H or any of its employees, directors, officers, administrators, and agents be liable for any direct, indirect, incidental, special or consequential damages (e.g. any changes, data loss or corruption, cancellation, loss of access, or downtime) resulting from the use of or the inability to use the website.
All content and material available on the websites, including but not limited to text, graphics, website name, code, images, and logos, are the intellectual property of D&H and are protected by applicable copyright and trademark laws. Any inappropriate use, including but not limited to the reproduction, distribution, display or transmission of any content on this site, is strictly prohibited, unless specifically authorized by D&H.
D&H and D&H’s websites are operated and controlled from our office located in the state of Berlin, Germany. Any legal conflict between a user and D&H is therefore subject to the laws of the state of Berlin and the applicable laws of Germany. Furthermore, you hereby agree to submit to the exclusive jurisdiction of the courts of the state of Berlin, Germany in respect of any action or proceeding arising out of or related to this website.
If you have any questions or comments about the Terms of Service as outlined above, contact us at:
Diaz & Hilterscheid Unternehmensberatung GmbH
Last Edited on 2016-12-01