Terms & Conditions for Paralog Performance Competition
These conditions (”Paralog Performance Competition Hosting Conditions”) shall
apply to the hosting service ("the Service") made available by Klaus Rheinwald, Jürgensallee 126, 22605 Hamburg, Germany through this website (”Paralog Performance Competition”, "PPC") and such physical individual or legal entity that uses this service (”the User”).
PPC’s service offerings consist of different Services. PPC’s service portfolio
is described on the PPC web page and can be further
detailed by individual agreement.
For each particular Service, specific terms and conditions may apply,
as further advised by PPC (“Specific Terms”).
At this time, PPC is providing free accounts and individually agreed accounts.
The free account may, however, only be used for Paralog generated content, and may further
contain elements of advertisement. A user may only have one free account at a time.
The User is automatically subscribed to the Free Service
by obtaining a valid license of Paralog v8.x and by using the Service through Paralog.
The User shall, where applicable, be of legal age
as defined in applicable legislation.
Equipment, Software and Connection
The Services to be provided hereunder requires the
User to be connected to the Internet, and having the necessary
equipment. Such connection and equipment shall be arranged, maintained
and paid for by the User.
The User may not use any software in relation
to the Services which may cause disturbances in the Services, such as
malicious scripts or similar. Should such disturbances occur, the
User should immediately remove such software.
The User is aware of that upgrading or changes
to the Services may result in changes to the technical requirements for
utilising the Services, and that the User is responsible for
meeting such requirements from time to time.
PPC is constantly developing and improving its
Services, technically and commercially. PPC reserves the right to
carry out upgrades or change the Services and/or the equipment and
platforms used by PPC to provide the Services. PPC undertakes to
inform the User through this web page in reasonable time prior
to launching any major upgrades or changes to the Services.
PPC will not sell or share any personal data.
By providing the personal data necessary to enter
into this Agreement, Users who are physical individuals shall be
considered to have given consent to the treatment of personal data set
forth below. It is voluntary to provide the personal data to PPC,
but the User acknowledges that the Agreement cannot be executed
unless the User provides mandatory information (including, where
applicable, personal identification numbers).
Information will be registered pertaining to the Users as a basis
for the Users’s connection to the Services, the provision of the
Services, agreement administration, customer profiling and market
analyses (such as reasons for the Users’s cancellation of the
Service, and information about the utilised services), for market and
product development purposes, marketing purposes and payment of fees.
PPC shall be entitled to register information about usage of the
Services for the purposes of being able to provide the Services, for
calculation of fees and if needed to abide to decisions by governmental
agencies and courts.
For the purposes of providing the Services and in
order to manage the Agreement (e.g. payment of fees), personal data may
be transferred to parties co-operating with PPC, and to other
countries, also outside the EC area. PPC may also use such
information in conjunction with other registers, to the extent
necessary to maintain its customer register updated.
The User may at any time revoke the
User’s consent to use the personal data as aforesaid. The
User acknowledges that PPC shall be entitled to cancel the
Agreement if the consent is revoked.
The User is entitled to request information
from PPC in relation to the processing of the personal data, and
also to receive of a copy of the personal data pertaining to the
User held by User.
The logs and related information (specifically User Name, Encrypted Password
and Email) are stored on servers in Germany.
Transfer of the Subscription
The Subscription may not be transferred, nor may the
User give anyone else the right to use the User’s
subscription to the Service/-s, without the consent by PPC. The
User may further not transfer any rights or obligations stemming
out of the Agreement.
In the event of the death of the User, the
estate may cancel this Agreement, through a written notification to
PPC. The cancellation will take effect within two weeks after
receipt of such notification.
PPC is entitled to transfer its rights and
obligations under the Agreement to an entity that will fulfill PPC’s
obligations in relation to the User.
Disturbances and Interruptions
Upon occurrence of disturbances or interruptions
relating to the Services, PPC shall commence error diagnostics
within reasonable time after notification from the User.
Normally, PPC will commence such error diagnostics at the latest
after one working day after notification. PPC is not under
obligation to correct any errors that are caused by circumstances
outside PPC’s reasonable control, such as disturbances relating to
the Hosting and Internet Service Provider, or equipment or software
not included in the Services.
PPC will not provide any telephone support.
However, PPC will to a limited extent provide e-mail support and
support through PPC’s web form.
PPC will continuously maintain its software, its
equipment and the PPC web page. PPC reserves the right to
temporarily shut down the Services during such maintenance. In the
event that such shut down will last longer than eight hours, PPC will
normally notify its Users in advance, through e-mail or messages
posted on its web page.
Use of the Service
The User may only use the Service/-s for its own use.
The User shall be solely responsible for its
(and its affiliates’, subsidiaries’ and representatives’) use of the
Services. In the event that that the User becomes aware of use of
the Services in conflict with the provisions of this Agreement, it
shall immediately ensure that such prohibited use ceases, and shall
further notify PPC.
The User is not allowed to use the Service/-s
to store and/or use executable files including without limitation
.exe, .ing, .bin, .cue, .iso, .mrg, .toas and .dmg files.
The User shall abide to applicable legislation
and rules, instructions from PPC, and generally accepted ethical and
moral standards when using the Service/-s. The User may not use
the Service/-s such that PPC or any third party is inflicted with
any damage. In the event that the User becomes aware of that
Service/-s is used in violation of the foregoing, the User
shall immediately notify PPC and take such reasonable steps as can
be required in order to ensure that such usage ceases.
The User may not without proper authorisation
access or try to access other Service/-s or other resources through the
Service/-s, nor without authorisation try to access, use, destroy,
distort or disclose any information belonging to PPC or any third
The User shall indemnify and hold PPC
harmless for any damage inflicted by the User, or any affiliate,
subsidiary or representative of the User.
If PPC has reasonable cause to suspect violations
against applicable legislation or rules, PPC’s instructions, this
Agreement or generally accepted ethical and/or moral standards, PPC
shall be entitled, without prior notice and without assuming any
liability whatsoever, to disconnect the User from the Service/-s.
PPC shall further be entitled to take the necessary measures needed
in order to prevent further distribution of prohibited information,
including without limitation by accessing the Service accounts of the
relevant User and deleting or transferring such information.
PPC shall further be entitled to access such information that are
stored, processed or distributed through the Service/-s and to transfer
the same to the relevant governmental agencies or courts.
The User shall be solely responsible for all
information the User stores, processes or distributes through the
Service/-s. The User undertakes to ensure that the User
does not distribute information such that it will be considered to be
an infringement of any third party’s intellectual property rights, or
which can be considered to constitute slander or libel, encourages
criminal activities, or contains information that could be classified
as child pornography, violence or discrimination against race, religion,
sexual orientation or sex.
The User agrees to indemnify and hold harmless PPC from any claims
resulting from his use of our services.
Intellectual Property Rights
All rights to the PPC Service/-s are vested with
PPC or its rights holders.
The PPC or its rights holders, as the case may
be, will remain the owner of any data provided by the User in
relation to the Service/-s.
PPC shall be entitled to create links to the
User’s web pages, and/or user-generated content, unless the
User has notified PPC that it will not allow such links.
Use of our services to infringe upon any copyright or trademark is prohibited.
This includes but is not limited to unauthorized copying of music, books, photographs, videos
or any other copyrighted work. Any account found to be in violation of anothers copyright will be expeditiously removed, or access to the material disabled. Any account found to be in repeated
violation of copyright laws will be suspended and/or terminated from our hosting. If you believe
that your copyright or trademark is being infringed upon, please email [email protected].
Limitation of Liability
Aside from what is explicitly set forth herein,
PPC shall not be liable for any failures, errors, interruptions or
disturbances in relation to the Service/-s.
PPC shall not be liable for loss of data or information.
PPC shall not be liable for any other indirect or
consequential losses in relation to this Agreement. Under no
circumstances shall PPC’s aggregate liability hereunder exceed the
fees paid by the User during the six months immediately preceding
the occurrence of the damage.
Any claims for damages against PPC in relation to
this Agreement shall be made within reasonable time after the damage
occurred. Reasonable time shall normally not exceed three months. If no
such claims are made within the aforementioned time, PPC’s liability
PPC shall not be liable for any damages in
relation to circumstances that reasonably are outside PPC’s control,
including without limitation circumstances constituting force majeure,
and acts and omissions of third parties.
PPC has provided other companies access to its web
page, where such companies are marketing and selling their products and
services. Further, PPC’s web page contain links to other web pages
that are not controlled by PPC. PPC is not responsible for such
third parties, their products or services, and explicitly disclaims any
liability in relation thereto.
This Agreement will become valid when approved by
PPC as set forth in section 1 above, and shall thereafter remain in
The Agreement may be terminated by either party at
any time, upon a one month notice period. PPC shall be entitled to
retain any fees paid by the User, regardless of the cause of such
termination, unless otherwise set forth herein.
Termination of the Agreement or a particular Service shall be made in writing.
Termination, Disconnection and Cooling-Off Period
PPC shall be entitled to immediately and until
further notice disconnect the User from the Service/-s, or
otherwise limit or reduce the User’s rights to use the
Service/-s, in the event that the User fails to comply to the
provisions set forth herein, or otherwise significantly misused the
Service/-s. Regardless of such disconnection, the User shall in
any event be liable to pay any and all fees in accordance with this
PPC is entitled to immediately terminate this
Agreement in relation to the Service/-s in the event that the
User fails to comply to the provisions set forth herein, or
otherwise significantly misused the Service/-s.
In the event of such failure to comply to the
provisions set forth in the Agreement is of less significance, PPC
shall be entitled to terminate the Agreement with immediate effect,
should the User fail to make the necessary corrections within 14
days after having received a written notice to that effect.
PPC shall be entitled to terminate this Agreement
with immediate effect, in the event that the User is declared
bankrupt or it otherwise can be assumed that the User is
The User is entitled to terminate this
Agreement in the event that PPC have not fulfilled its obligations
to initiate error correction measures as set forth herein, within
In the event that PPC has not started to provide
the Service/-s within reasonable time, and provided that the User
has reminded PPC in relation thereto, the User shall be
entitled to terminate this Agreement with immediate effect.
In the event that a User does not prolong the
User’s agreement with PPC pertaining to the Service/-s, or,
for free accounts, fails to show any activity on the account for a
period of excess of six months or does not activate the Service/-s in
a period of one month, and provided further that the
User fails to remove the contents on the User’s account,
PPC shall be entitled to remove such contents and close the account.
However, PPC shall, prior to such removal, make reasonable efforts
to contact the User over the e-mail address provided by the
User and available to PPC. The User shall then have the
option to prolong the User’s agreement with PPC (to the extent
applicable subject to payment of the then current fees), or, as the
case may be in relation to free accounts, to reactivate the account, or
remove the contents. If the User has not either prolonged the
agreement with PPC (or reactivated the account), or removed the
contents within 7 days after such e-mail notification, PPC shall be
entitled to remove the contents without assuming any liability in
PPC shall be entitled to make such changes to the
Service/-s that are not significant for the continued use of the
Service/-s, without prior notice to the User.
PPC shall be entitled to change the price and/or
other terms and conditions applicable to the Service/-s. The current
terms and conditions shall always be available on PPC's web page. In
the event of that significant changes, PPC shall inform the
User through e-mail or through postings at its web site 30 days
prior to such change.
If a change in accordance with section 13.2 consists
of increased fees, or would entail changes that would be materially
detrimental to the User, PPC shall notify the User
through e-mail, and the User shall then be entitled to terminate
the Agreement, with effect from when the change is effected. If the
User uses the Service/-s after such changes having been
implemented, such use shall be deemed to constitute an acceptance of
Applicable Law and Disputes
This Agreement and all circumstances pertaining to it shall
exclusively be governed by the substantial laws of Germany.
Any disputes arising out of this Agreement or the
relationship between the parties shall be solved through amicable
negotiations in good faith between the parties. In the event that the
parties cannot agree, either party may refer such a dispute to the
court of Hamburg, Germany.
If any provision of this Agreement is held invalid,
the remainder of this Agreement shall continue in full force and effect.