Supporters
 
TELCOBIZ provides an online marketplace for the game industry which combines business networking, a bidding platform for projects, job postings, the opportunity to exhibit your products in a showroom, and a wealth of other highly requested functionality.

TELCOBIZ service and network are operated by MWays GmbH, Ruhrstraße 19, 22761 Hamburg, Germany and its corporate affiliates (collectively, "us", "we" or "TELCOBIZ"). By accessing or using the Site at www.telcobiz.net (together the "Site") signify that you have read, understand and agree to be bound by these Terms of Use ("Terms of Use" or "Agreement"), whether or not you are a registered member of TELCOBIZ.

We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Use at any time without further notice. If we do this, we will post the changes to these Terms of Use on this page and will indicate at the top of this page the date these terms were last revised. Your continued use of the Service or the Site after any such changes constitutes your acceptance of the new Terms of Use.

If you do not agree to abide by these or any future Terms of Use, do not use or access (or continue to use or access) the Service or the Site. It is your responsibility to regularly check the Site to determine if there have been changes to these Terms of Use and to review such changes. If you wish to become a Member, communicate with other Members and/or make use of the TELCOBIZ Services, you must read this Agreement and indicate your acceptance during the registration process. The TELCOBIZ Services are hosted in Germany.

1. Use of Web Site Content

1.1

TELCOBIZ authorizes you to view and access a single copy of the content available on or from TELCOBIZ (the "Web Site") solely for your personal, noncommercial use.

1.2

The contents of this Web Site such as text, graphics, images, logos, button icons, software and other Web Site Content (collectively, "Web Site Content"), are protected under both Federal Republic of Germany and foreign copyright. All Web Site Content is the property of TELCOBIZ or its content suppliers or clients. The compilation (meaning the collection, arrangement and assembly) of all content on this Web Site is the exclusive property of TELCOBIZ and protected by German and international copyright laws.

1.3

Unauthorized use of the Web Site Content may violate copyright, trademark, and other laws. You must retain all copyright, trademark, service-mark and other proprietary notices contained in the original Web Site Content on any copy you make of the Web Site Content. You may not sell or modify the Web Site Content or reproduce, display, publicly perform, distribute, or otherwise use the Web Site Content in any way for any public or commercial purpose. The use of the Web Site Content on any other web site or in a networked computer environment for any purpose is prohibited.

1.4

You shall not copy or adapt the HTML code that TELCOBIZ creates to generate any Web Site Content or the pages making up the Site. It is also protected by TELCOBIZ copyright.

2. Eligibility

2.1

Use of the TELCOBIZ Services and registration to be a member for the TELCOBIZ Services ("Membership") is void where prohibited. By using the TELCOBIZ Services, you represent and warrant that

  • all registration information you submit is truthful and accurate; including company size and type
  • you will maintain the accuracy of such information
  • your use of the TELCOBIZ Services does not violate any applicable law or regulation
  • you automatically agree to a Non Disclosure Agreement (NDA) to other members of the Web Site


2.2

TELCOBIZ reserves the right to delete your profile and terminate your membership without warning at any time, if we believe that any given information is incorrect.

3. User Information

3.1

When you register for the Web Site, you will be asked to provide TELCOBIZ with certain information including, without limitation, your name, address, telephone number, a valid email or other electronic address and applicable billing information (e.g., credit card number and expiration date) (collectively, "Your Information").

3.2

TELCOBIZ will not disclose to any third party your name, address, e-mail address or telephone number without your prior consent, except to the extent necessary or appropriate to comply with applicable laws or in legal proceedings where such information is relevant.

3.3

TELCOBIZ reserves the right to offer third party services and products to you based on the preferences that you identify in your registration and at any time thereafter; such offers may be made by TELCOBIZ or by third parties.

4. Registration and Password

When you register to become a member, you will also be asked to choose a password. You are responsible for maintaining the confidentiality of your information and password. You shall be responsible for all uses of your registration, whether or not authorized by you. You agree to immediately notify TELCOBIZ of any unauthorized use of your registration or password.

5. Membership & Membership Fees

5.1

The minimum Membership duration is 3 months. Promotional and/or special offers are excluded thereof. The Membership Fees applicable for the TELCOBIZ service are available at www.telcobiz.net under "Rules/How2" and as published within the service. TELCOBIZ shall issue invoices in respect of the Membership Fee and shall collect the Membership Fee from your credit card or related billing system in advance. The Membership Fee is inclusive VAT.

5.2

TELCOBIZ reserves the right to change the Fees or applicable charges and to institute new charges at any time, upon thirty (30) days prior notice to you (which may be sent by email to the address you have most recently provided us). In the event that the Membership Fee, as appropriate, is not collected in accordance with the provisions herein, TELCOBIZ may deny you access to the Services without notice.

5.3

If TELCOBIZ terminates your Membership because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of fees or payments (if any).

5.4 Supporter/Partner

Every Freelancer or Company who is not paying for the service and is uploading a company logo is recognized as a supporting partner of TELCOBIZ. Therefore TELCOBIZ is allowed to show the company logo within the supporters section. If the Freelancer / Company wants to be removed of that section he needs to send an email to support@telcobiz.net.

6. Payment

6.1

You acknowledge and agree that any credit card and related billing and payment information that you provide to TELCOBIZ may be shared with companies who work on TELCOBIZ behalf, such as payment processors and/or credit agencies, solely for the purposes of checking credit, effecting payment to TELCOBIZ and servicing your account.

6.2

TELCOBIZ may also provide information in response to valid legal process, such as subpoenas, search warrants and court orders, or to establish or exercise its legal rights or defend against legal claims. TELCOBIZ shall not be liable for any use or disclosure of such information by such third parties.

7. Acceptable Site Use

You may not use the Site in order to transmit, distribute, store or destroy material, including without limitation Web Site Content,

  • in violation of any applicable law or regulation,
  • in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others, or
  • that is defamatory, obscene, threatening, abusive or hateful.


8. TELCOBIZs Site Security Rules

8.1

Users are prohibited from violating or attempting to violate the security of the Site, including, without limitation,

  • accessing data not intended for such user or logging into a server or account which the user is not authorized to access,
  • attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization,
  • attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding", "spamming", "mailbombing" or "crashing",
  • or forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil or criminal liability.


8.2

TELCOBIZ will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

9. Specific Prohibited Uses

9.1

TELCOBIZ specifically prohibits any use of the Web Site, and all users agree not to use the Web Site, for any of the following:

  • Posting any incomplete, false or inaccurate information or information which is not your own accurate resume.
  • Sending unsolicited mail or e-mail, making unsolicited phone calls or sending unsolicited faxes regarding promotions and/or advertising of products or services to a user of a TELCOBIZ Site.
  • Deleting or revising any material posted by any other person or entity.
  • Using any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any activity being conducted on this site.
  • Taking any action which imposes an unreasonable or disproportionately large load on the Site's infrastructure.
  • If you have a password allowing access to a non-public area of this Web Site, disclosing to or sharing your password with any third parties or using your password for any unauthorized purpose.
  • Notwithstanding anything to the contrary contained herein, using or attempting to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Site other than the search engine and search agents available from TELCOBIZ on such TELCOBIZ Site and other than generally available third party web browsers (e.g., Netscape Navigator, Microsoft Explorer).
  • Attempting to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Site.
  • Aggregating, copying or duplicating in any manner any of the Web Site Content or information available from the Site.


10. User Submissions

10.1

As a user, you are solely responsible for any photos, profiles (including your name, image, and likeness), messages, notes, text, information, music, video, advertisements, listings, and other content that you upload, publish or display (hereinafter, "post") on or through the Service or the Site, or transmit to or share with other users (collectively the "User Content"). You may not post, transmit, or share User Content on the Site or Service that you did not create or that you do not have permission to post. You must not, and by using the Site you agree not to, do the following things

  • post material that is copyrighted, unless you are the copyright owner or have the permission of the copyright owner to post it;
  • post material that reveals trade secrets, unless you own them or have the permission of the owner; post material that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others;
  • post material that is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another user or any other person or entity;
  • post material that is off-topic on topic-specific message boards;
  • post a sexually explicit image or statement;
  • post advertisements or solicitations of business, post chain letters or pyramid schemes; impersonate another person;
  • or post material that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information.


10.2

You understand and agree that TELCOBIZ may, but is not obligated to, review the Site and may delete or remove (without notice) any Site Content or User Content in its sole discretion, for any reason or no reason, including User Content that in the sole judgment of TELCOBIZ violates this Agreement or the TELCOBIZ code of conduct, or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users or others. You are solely responsible at your sole cost and expense for creating backup copies and replacing any User Content you post or store on the Site or provide to TELCOBIZ.

10.3

TELCOBIZ does not represent or guarantee the truthfulness, accuracy, or reliability of communications posted by users or endorse any opinions expressed by users. You acknowledge that any reliance on material posted by other users will be at your own risk.

10.4

TELCOBIZ acts as a passive conduit for the online distribution and publication of user-submitted information and has no obligation to screen communications or information in advance and is not responsible for screening or monitoring material posted by users. If notified by a user of communications which allegedly do not conform to these Terms and Conditions, TELCOBIZ may investigate the allegation and determine in good faith and its sole discretion whether to remove or request the removal of the communication. TELCOBIZ has no liability or responsibility to users for performance or nonperformance of such activities.

10.5

TELCOBIZ reserves the right to expel users and prevent their further access to the Web Site for violating the Terms of Use or the law and the right to remove communications which are abusive, illegal, or disruptive. TELCOBIZ may take any action with respect to user-submitted information that it deems necessary or appropriate in its sole discretion if it believes it may create liability for TELCOBIZ or may cause TELCOBIZ to lose (in whole or in part) the services of its ISPs or other suppliers.

10.6

When you post User Content to the Site, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the User Content on the Site by submitting content to any public or non-public area of the TELCOBIZ Site, including message boards, forums, contests and chat rooms, you grant TELCOBIZ and its affiliates the loyalty-free, perpetual, irrevocable, sublicense able (through multiple tiers), non-exclusive right (including any moral rights) and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such content.

10.7

You also warrant that the holder of any rights, including moral rights in such content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You also permit any subscriber to access, display, view, store and reproduce such content for personal use. Subject to the foregoing, the owner of such content placed on the Web Site retains any and all rights that may exist in such content.

10.8

Any hyperlinks, "hidden" keywords or any keywords that are irrelevant to the use or are otherwise misleading contained in postings are prohibited.

10.9

We appreciate hearing from our customers and welcome your comments regarding our services and the Site. Please be advised, however, that our policy does not permit us to accept or consider creative ideas, suggestions, inventions or materials other than those which we have specifically requested. While we do value your feedback on our services, please be specific in your comments regarding our services and do not submit creative ideas, inventions, suggestions, or materials.

11. Copyright and Intellectual Property Agent for Notice.

If you believe that your copyrighted work has been uploaded, posted or copied to this Web Site and is accessible on this Web Site in a way that constitutes copyright infringement, please notify us by providing our designated copyright agent with the following information:

  • The physical or electronic signature of either the copyright owner or of a person authorized to act on the owner's behalf;
  • A description of the copyrighted work you claim has been infringed, and a description of the activity that you claim to be infringing;
  • Identification of the URL or other specific location on this web site where the material or activity you claim to be infringing is located or is occurring; you must include enough information to allow us to locate the material or the activity;
  • Your name, address, telephone number and, if you have one, your e-mail address;
  • A statement by you that you have a good faith belief that use on the web site of the copyrighted work in the manner you are complaining of is not authorized by the copyright owner, any agent of the copyright owner, or the law; and
  • A statement by you, made under penalty of perjury, that the information you have provided in your notice is accurate and that you are either the copyright owner or are authorized to act on behalf of the copyright owner.


12. TELCOBIZ Liability

12.1

TELCOBIZ is only a venue. This Web Site acts as a venue for members to post content and does not screen or censor the content offered. TELCOBIZ is not involved in the actual transaction between members. As a result, TELCOBIZ has no control over the quality, safety or legality of any content posted, the truth or accuracy of the listings, the ability of employers to offer job opportunities to candidates or the ability of candidates to fill job openings etc.. In addition, note that there are risks, including but not limited to the risk of physical harm, of dealing with strangers, foreign nationals, underage persons or people acting under false pretenses. You assume all risks associated with dealing with other users with whom you come in contact through the Web Site.

12.2

Because user authentication on the Internet is difficult, TELCOBIZ cannot and does not confirm that each user is who they claim to be. Because we do not and cannot be involved in user-to-user dealings or control the behavior of participants on the Site, in the event that you have a dispute with one or more users, you release TELCOBIZ (and our agents and employees) from claims, demands and damages (actual and consequential, direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

12.3

If you are a California resident, you waive California Civil Code d1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."

12.4

TELCOBIZ is under no legal obligation to, and generally do not, control the information provided by other users which is made available through the Web Site. By its very nature, other people's information may be offensive, harmful or inaccurate, and in some cases will be mislabeled or deceptively labeled.

12.5

TELCOBIZ expects that you will use caution and common sense when using this Web Site.

The Web Site Content may contain inaccuracies or typographical errors. TELCOBIZ makes no representations about the accuracy, reliability, completeness, or timeliness of the Web Site Content. The use of the Site and the Web Site Content is at your own risk. Changes are periodically made to the Site and may be made at any time. TELCOBIZ reserves the right to shut down the services for any maintenance work on the Site and/or its content.

12.6

You acknowledge and agree that you are solely responsible for the form, content, postings and accuracy of any resume or material contained therein placed by you on the Site.

12.7

TELCOBIZ is not to be considered to be an employer with respect to your use of the Site and TELCOBIZ shall not be responsible for any employment decisions, for whatever reason made, made by any entity posting jobs on the Site.

12.8

TELCOBIZ DOES NOT WARRANT THAT THE SITE WILL OPERATE ERROR-FREE OR THAT THE SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE SITE OR THE WEB SITE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, TELCOBIZ IS NOT RESPONSIBLE FOR THOSE COSTS. THE SITE AND WEB SITE CONTENT ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. TELCOBIZ, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. TELCOBIZ MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE WEB SITE CONTENT, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.

13. Disclaimer of Consequential Damages

IN NO EVENT SHALL TELCOBIZ, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON THE COMPANIES SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE COMPANIES SITE AND THE WEB SITE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT TELCOBIZ IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

14. Services Availability

14.1

TELCOBIZ does not provide you with access to the Internet or the equipment necessary to access the Internet or the Website or Services. You are responsible for the fees charged by other parties to obtain access to our Website and Services (by way of example only, Internet service provider or airtime charges) and for providing the equipment necessary to access the Website and Services.

14.2

From time to time TELCOBIZ may modify, suspend or discontinue any of the Services offered on our Website without notice to you.

14.3
TELCOBIZ shall not be liable to you for any modification, suspension or discontinuance of Services. TELCOBIZ may establish certain policies and practices concerning use of the Services, including without limitation the maximum time that these content will be retained on our systems.

14.4

TELCOBIZ has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by or through our Services. We reserve the right to change our practices and policies at any time, in our sole discretion, with or without notice to you.

15. Third Party offers

15.1

We may allow other companies to offer you products and services, including offers through our Website or via email. Whether or not you decide to participate in such an offer is up to you. Your participation in any of these offers, including payment and delivery of related goods or services and the terms, conditions, warranties or representations associated with such offers, is solely between you and the third-party company.

15.2

You agree that TELCOBIZ shall not be liable for any costs or damages you may incur resulting from your decision to enter such transactions.

16. Links

16.1

The Web Site contains links to third party web sites. These links are provided solely as a convenience to you and not as an endorsement by TELCOBIZ of the contents on such third-party Web sites. TELCOBIZ is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third party Web sites. If you decide to access linked third party Web sites, you do so at your own risk.

16.2

You cannot link to our Website without our prior written consent. While our Website may have links to the websites of other companies and parties, TELCOBIZ has no control over those websites and therefore is not responsible or liable for any content, advertising, products, services or other materials on or available from those websites.

16.3

TELCOBIZ is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, advertising, products, services or other materials on those websites.

17. No Resale or Unauthorized Commercial Use

You agree not to resell or assign your membership rights or obligations under these Terms of Use. You also agree not to make any unauthorized commercial use of the Site.

18. Limitation of Liability

IN NO EVENT SHALL TELCOBIZ BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE TELCOBIZ SERVICES, EVEN IF TELCOBIZ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, TELCOBIZ LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US FOR THE TELCOBIZ SERVICES DURING THE TERM OF MEMBERSHIP.

19. Termination

19.1

You may terminate your Membership 30 days before expiration of your membership, for any reason, by following the instructions on the Member's Account Settings page (Personal Account Center/ Profile/ My Account). Without termination within the prescribed period the Membership will automatically extend another 3, 6 or 12 month, depending on your previous membership.

19.2

TELCOBIZ reserves the right, at its sole discretion, without prior notice or explanation, and without liability to pursue all of its legal remedies, to terminate your Membership including but not limited to deletion of your postings or your profile from this Web Site and immediate termination of your registration with or ability to access this Web Site and/or any other service provided to you by TELCOBIZ, upon any breach by you of these Terms of Use or if TELCOBIZ is unable to verify or authenticate any information you submit to the Web Site registration.

19.3

TELCOBIZ respects the intellectual property of others, and we ask our users, account holders and content partners to do the same. The unauthorized reproduction, copying, distribution, modification, public display or public performance of copyrighted works constitutes infringement of the copyright owners rights.

19.4

As a condition to your use of this Web Site, you agree not to use the Web Site to infringe the intellectual property rights of others in any way. We will terminate the accounts of any account holders, and block access to our Web Site of any users, who are repeat infringers of the copyrights, or other intellectual property rights, of others. We reserve the right to take these actions at any time, in our sole discretion, with or without notice, and without any liability to the account holder who is terminated or to the user whose access is blocked.

20. Indemnity

You agree to defend, indemnify, and hold harmless TELCOBIZ, its officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from

  • any material you provide to the Site,
  • any Web Site Content that you use or
  • your breach of the terms of these Terms and Conditions. TELCOBIZ shall provide notice to you promptly of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding.


21. Member Disputes

You are solely responsible for your interactions with other Members. TELCOBIZ reserves the right, but has no obligation, to become involved in any way with disputes between you and other Members.

22. Privacy

Use of TELCOBIZ Services is also governed by our Privacy Policy incorporated into this Agreement by this reference.

23. Miscellaneous

23.1

TELCOBIZ makes no claims that the Web Site Content may be lawfully viewed or accessed outside of the Federal Republic of Germany. Access to the Web Site Content may not be legal by certain persons or in certain countries. If you access the Web Site from outside of the Federal Republic of Germany, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. These Terms of Use are governed by the internal substantive laws of the State of Hamburg without respect to its conflict of laws principles. Jurisdiction for any claims arising under this Agreement shall lie exclusively with the state or federal courts within Hamburg, Germany

23.2

If any provision of these Terms of Use are found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided in additional terms of use for areas of the Web Site, a particular "Legal Notice," or Software License or material on particular Web pages, these Terms of Use constitute the entire Agreement between you and TELCOBIZ with respect to the use of Web Site. No changes to these Terms of Use shall be made except by a revised posting on this page.

 
 
 
help | contact | about us | terms & conditions | memberships                     © MWays GmbH | all rights reserved | developed by MWays GmbH