1. General

Any and all use of the www.mobileaffiliates.com Web Site, is subject to these Terms of Use. Mobileaffiliates reserves the right to amend, modify or replace these Terms of Use at any time and without further notice. on accessing or using the Web Site, you are accepting these Terms of Use in their current version as basis for the use of this Web Site.

2. Accessibility of www.mobileaffiliates.com

User acknowledges that mobileaffiliates expressly excludes any liability for the continuous availability of the Web Site. mobileaffiliates additionally reserves the right to fully or partly stop operating and/or providing this Web Site or limit the access to it at any time and without further notice.

3. Use of the
Mobileaffiliates Web Site and the Contents and Information provided

All information made public by Mobileaffiliates will be provided for the user ? unless stated otherwise ? free of charge. Every user may use and document the offered information for his/her own personal needs. Any other use of the information, especially any type of replication, alteration, or integration in any type of publishing or advertisement of any type is only permitted with prior consent of Mobileaffiliates or the particular owner of the information. Mobileaffiliates specifically draws attention to the fact that contents and information can be subject to protective rights; any such protective rights (esp. names and trademarks) shall remain property of Mobileaffiliates at all times.

All information has been gathered and checked by Mobileaffiliates with the greatest care and is supplied by Mobileaffiliates to its best knowledge and belief. As far as the information originates from a third party, it has been adopted without any alteration. Every user is responsible to check whether the information provided is correct, complete, and/or up to date. Mobileaffiliates’s liability for any damages due to incorrectness, incompleteness, or missing actuality of the information supplied as well as any liability for damages resulting out of any possible misinterpretation of the supplied information by the user, shall be limited to gross negligence or intentional behaviour of Mobileaffiliates Diagnostic Systems.

In addition, while accessing and or using the Mobileaffiliates Web Site the User shall ensure not to engage in any of the following activities:

- breach public morality in its manner of use;
- violate any intellectual property right or any other proprietary right;
- transmit, store or upload hyperlinks or contents to which the User is not entitled, in particular in cases where such hyperlinks or contents are in breach of confidentiality obligations or unlawful; or
- distribute advertising or unsolicited e-mails (so-called "spam") or inaccurate warnings of viruses, de-fects or similar material and the User shall not solicit or request the participation in any lottery, snow-ball system, chain letter, pyramid game or similar activity

Furthermore, Mobileaffiliates shall not be liable for any damages, which result from any misconduct of the user with the information supplied.

4. Links / Contents and Information of Third Parties

The Mobileaffiliates Web Site may contain Links and references to the web pages of third parties. mobileaffiliates shall have no liability for the contents of such web pages and does not make representations about or endorse such web pages or their contents as its own, as Mobileaffiliates does not have control over the information or contents on such web pages. Neither shall Mobileaffiliates be liable for the quality, correctness, or completeness of any third party information expressly provided on the Mobileaffiliates Web site as third Party information, including any information supplied by any of the sales partners.

5. Important Notice on Computer Viruses

Although Mobileaffiliates makes every endeavor to keep the Mobileaffiliates Web Site free from viruses, Mobileaffiliates cannot provide any warranty or guarantee that it is virus-free. The User shall, for its own protection, take the necessary steps to ensure appropriate security measures and shall utilize a virus scanner before downloading any information, software or documentation.

6. Limitation of Liability

Mobileaffiliates shall not be liable for any consequential damages, especially lost profits, cancellation of operations, interruption of operations, or loss of data unless such liability should be mandatory at law. As far as the liability can be excluded or limited according to law, but has not yet been excluded or limited elsewhere within these terms, it is limited to € 10.000,- per damaging incident, up to an aggregate maximum sum of € 50.000,-.

7. Jurisdiction / Applicable Law

The Mobileaffiliates Web Site is operated and administered only in and for countries in which Mobileaffiliates has a business residence. Mobileaffiliates makes no representation that information, software and/or documentation on the NEXTECH Web Site are appropriate or available for viewing or downloading at locations in other countries world-wide. If Users access the Mobileaffiliates Web Site from other countries, they are themselves exclusively responsi-ble for compliance with all local laws. Access to the Mobileaffiliates Web Site's information, software and/or docu-mentation from countries, where such content is unlawful is expressly prohibited