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    Terms of use


    Thank you for visiting Titantool-International.com, which is owned and operated by J. Wagner GmbH. These Terms of Use govern your use of this Site. If you have any questions about this Site or these Terms of Use, please contact us using the following information:


     J. Wagner GmbH
    Otto-Lilienthal-Str.18
    88677 Markdorf
    Germany
    wagner@remove-this.wagner-group.com


    Effective Date: 2018

     

    Your Acceptance of These Terms of Use

    These Terms of Use apply to all users of this Site. By using this Site you are agreeing to comply with and be bound by these Terms of Use. If you do not agree to these Terms of Use, you may not access or use this Site.


    Your Consent to Other Agreements

    We may also require you to follow additional rules, guidelines, or other conditions to sign up to use various special features or password-protected areas of this Site, to participate in certain promotions or activities available through this Site, or for other reasons. In such cases, you may be asked to expressly consent to these additional terms. This type of agreement is known as a “click-through” agreement. If any of the terms of a click-through agreement are different than the terms of these Terms of Use, the terms of the click-through agreement will supplement or amend these Terms of Use, but only with respect to the matters governed by the “click-through agreement.”


    Ownership of this Site and its Content

    This Site, including all its Content, is protected under applicable intellectual property and other laws, including without limitation the laws of the United States and other countries. All Content and intellectual property rights therein are the property of Titan Tool or the material is included with the permission of the rights owner and is protected pursuant to applicable copyright and trademark laws.

    The presence of any Content on this Site does not constitute a waiver of any right in such Content. You do not acquire ownership rights to any such Content viewed through this Site. Except as otherwise provided herein, none of this Content may be used, copied, reproduced, distributed, republished, downloaded, modified, displayed, posted, or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without our express prior written permission.

    Permission is hereby granted to the extent necessary to lawfully access and use this Site and to display, download, or print portions of this Site on a temporary basis and for your personal, noncommercial use only, provided that you (i) do not modify the Content; (ii) you retain any and all copyright and other proprietary notices contained in the Content; and (iii) you do not copy or post the Content elsewhere or broadcast the Content in any media.


    Responsibility for User-Generated Content Posted on or Through this Site

    You are responsible for User-Generated Content that you post. Under no circumstances will we be liable in any way for any User-Generated Content. This means that you, not Titan Tool, are entirely responsible for all User-Generated Content that you post and that you can be held personally liable for comments that are defamatory, obscene, or libelous, or that violate these Terms of Use, an obligation of confidentiality, or the rights of others. If any part of the User-Generated Content you post is not your original work, it is your responsibility to obtain any necessary permissions to post it.

    Because we do not control the User-Generated Content posted on or through this Site, we cannot and do not warrant or guarantee the truthfulness, integrity, suitability, or quality of that User-Generated Content. You also agree and understand that by accessing this Site, you may encounter User-Generated Content that you may consider to be objectionable. We have no responsibility for any User-Generated Content, including without limitation any errors or omissions therein. We are not liable for any loss or damage of any kind you claim was incurred as a result of the use of any User-Generated Content posted, e-mailed, transmitted, or otherwise made available on or through this Site. The User-Generated Content posted on or through this Site expresses the personal opinions of the individuals who posted it and does not necessarily reflect the views of Titan Tool or any person or entity associated with Titan Tool.

    You own User-Generated Content, but we may use it. You own the copyright in any original User-Generated Content you post. We do not claim any copyrights in User-Generated Content. However, by using this Site you are granting us and our subsidiaries, affiliates, successors, and assigns, a nonexclusive, fully paid, worldwide, perpetual, irrevocable, royalty-free, transferable license (with the right to sublicense through unlimited levels of sublicensees) to use, copy, modify, distribute, publicly display and perform, publish, transmit, remove, retain repurpose, and commercialize User-Generated Content you post in any and all media or form of communication whether now existing or hereafter developed, without obtaining additional consent, with or without attribution, without restriction or notification, and without compensating you in any way, and to authorize others to do the same. For this reason, we ask that you not post any User-Generated Content that you do not wish to license to us, including any confidential information or product ideas.

    We may disclose and/or remove User-Generated Content. Titan Tool reserves certain rights. We reserve the right (but do not assume the obligation) to:

    • monitor all User-Generated Content
    • require that you avoid certain subjects, if we believe that doing so will help ensure compliance with applicable laws or compliance with these Terms of Use, including, without limitation, restrictions on User-Generated Content
    • censor, editor, remove, or block any User-Generated Content at any time without notice at our sole and absolute discretion
    • disclose any User-Generated Content and the identity of the user who posted it in response to a subpoena or whenever we believe that disclosure is appropriate to comply with the law or a court order, to prevent or investigate a possible crime or other violation of law, to protect the rights of Titan Tool or others, or to enforce these Terms of Use
    • terminate your access to and use of this Site
    • You agree that our exercise of such discretion does not render us the owners of User-Generated Content you post, and that you will retain ownership thereof as described above.


    Restrictions on User-Generated Content.

    It is a condition of these Terms of Use that you do not upload, post, transmit or otherwise make available:

    • any User-Generated Content that is unlawful, harmful, hateful, threatening, abusive, harassing, libelous, defamatory, obscene, vulgar, pornographic, profane, racially disparaging, indecent, or invasive of another’s privacy
    • any User-Generated Content that constitutes or promotes any illegal activity, including, without limitation, any User-Generated Content constituting or encouraging conduct that would be a criminal offense, give rise to civil liability or otherwise violate any local, state, national or foreign law
    • any User-Generated Content that is false, misleading, or fraudulent
    • any User-Generated Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements)
    • any User-Generated Content that violates or infringes upon the rights of others, including User-Generated Content which violates the patent rights, copyrights, trademark rights, privacy rights, publicity rights, trade secret rights, confidentiality rights, contract rights, or any other rights of any individual, living or deceased, or any legal entity
    • any User-Generated Content that contains the image, name or likeness of anyone other than yourself, unless (i) that person is at least eighteen years old and you have first obtained his/her express permission or (ii) that person is under eighteen years old but you are his/her parent or legal guardian
    • any request for or solicitation of any personal or private information from any individual
    • any request for or solicitation of money, goods, or services for private gain
    • any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment
    • any User-Generated Content that contains advertising, promotions or marketing, or which otherwise has a commercial purpose
    • impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; or violate any local, state, national or international law, rule or regulation 

    By posting User-Generated Content, you represent and warrant that (i) you own or otherwise control all of the rights to the User-Generated Content and have the right to grant the license set forth in these Terms of Use; (ii) the User-Generated Content is accurate, and (iii) you are at least eighteen years old and you have read and understood—and your User-Generated Content fully complies with—these Terms of Use and applicable laws and will not cause injury to any person or entity. 


    Your New Ideas

    Although we do not claim ownership of User-Generated Content you post using this Site, any New Ideas (as defined below) you provide to us through this Site will be and remain our exclusive property. Your submission of New Ideas will constitute an assignment to us of all worldwide rights, title and interests in your New Ideas, including all copyrights and other intellectual property rights in your New Ideas. We will be entitled to reduce to practice, exploit, make, use, copy, disclose, display or perform publicly, distribute, improve, and modify any New Ideas you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any New Ideas that you do not wish to assign to us.


    Removal of Content


    In general

    On certain pages of this Site, we may provide to you a tool to report objectionable User-Generated Content. If that tool is not available, you can report objectionable User-Generated Content and other objectionable Content by contacting us using the information provided above. While we do not have any obligation to remove Content from this Site merely because of a removal request, we may remove Content that we determine should be removed, in our sole discretion and in accordance with these Terms of Use and applicable law. Please be aware, however, that if the Content has already been distributed to other Websites or published in other media, we will not be able to recapture and delete it. Also, a back-up or residual copy of the Content we remove from this Site may remain on back-up servers.


    Copyright and Trademark

    The content and works published on this website are governed by the copyright laws of Germany. Any duplication, processing, distribution or any form of utilization beyond the scope of copyright law shall require the prior written consent of the author or authors in question.The author endeavors to observe the copyrights of the images, graphics, sound documents, video sequences and texts used in all publications, to use images, graphics, sound documents, video sequences and texts created by himself or to resort to license-free graphics, sound documents, video sequences and texts or to state the source otherwise.All brand names and trademarks mentioned within the Internet offer and possibly protected by third parties are subject without restriction to the provisions of the applicable trademark law and the ownership rights of the respective registered owners. Just because of the mere mention is not to draw the conclusion that trademarks are not protected by rights of third parties!The copyright for published objects created by the author remains solely with the author of the pages. Reproduction or use of such graphics, sound documents, video sequences and texts in other electronic or printed publications is not permitted without the express consent of the author.

     

    Your Obligations

    In consideration of your use of this Site, you agree that to the extent you provide Personal Information to Titan Tool it will be true, accurate, current, and complete and that you will update all Personal Information as necessary.

    If you create an account through this Site, you understand and agree that any account you create, including your username and password, are personal to you and may not be used by anyone else. You are responsible for maintaining the confidentiality of your username and password and are fully responsible for all activities that occur under your username and password by you or by anyone else using your username and password, whether or not authorized by you. You agree to change your password immediately if you believe your password may have been compromised or used without authorization. You also agree to immediately inform us of any apparent breaches of security such as loss, theft, or unauthorized disclosure or use of your username or password by contacting us using the information provided above. Until we are so notified you will remain liable for any unauthorized use of your account.

    You agree to use this Site in a manner consistent with any and all applicable rules and regulations. You agree not to upload or transmit through this Site any computer viruses, trojan horses, worms, or anything else designed to interfere with, interrupt, or disrupt the normal operating procedures of a computer. Any unauthorized modification, tampering or change of any information, or any interference with the availability of or access to this Site is strictly prohibited. We reserve all rights and remedies available to us.


    DISCLAIMERS

    WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THIS SITE OR ITS CONTENT, OR, EXCEPT AS PROVIDED BELOW, ANY PRODUCT OR SERVICE AVAILABLE ON OR PROMOTED THROUGH THIS SITE. THIS SITE AND ALL OF ITS CONTENT (INCLUDING USER-GENERATED CONTENT) ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, Titan Tool , ITS AFFILIATES, AND THEIR SERVICE PROVIDERS AND LICENSORS DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, ARISING BY STATUTE, CUSTOM, COURSE OF DEALING, COURSE OF PERFORMANCE OR IN ANY OTHER WAY, WITH RESPECT TO THIS SITE, ITS CONTENT, AND ANY PRODUCTS OR SERVICES AVAILABLE OR PROMOTED THROUGH THIS SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, Titan Tool , ITS AFFILIATES, AND THEIR SERVICE PROVIDERS AND LICENSORS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES (A) OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; (B) RELATING TO THE SECURITY OF THIS SITE; (C) THAT THE CONTENT OF THIS SITE IS ACCURATE, COMPLETE OR CURRENT; OR (D) THAT THIS SITE WILL OPERATE SECURELY OR WITHOUT INTERRUPTION OR ERROR.

    WE DO NOT REPRESENT OR WARRANT THAT THIS SITE, ITS SERVERS, OR ANY TRANSMISSIONS SENT FROM US OR THROUGH THIS SITE WILL BE FREE OF ANY HARMFUL COMPONENTS (INCLUDING VIRUSES).

    TITAN TOOL does not endorse and is not responsible for statements, advice or opinions made by anyone other than authorized TTIAN TOOL spokespersons. WE DO NOT ENDORSE AND ARE NOT RESPONSIBLE FOR ANY statements, advice or opinions CONTAINED IN USER-GENERATED CONTENT AND SUCH statements, advice or opinions DO NOT IN ANY WAY REFLECT THE STATEMENTS, ADVICE or OPINIONS OF TITAN TOOL . WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AGAINST THE POSSIBILITY OF DELETION, MISDELIVERY OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS, OR OTHER DATA. YOU ACCEPT THAT OUR SHAREHOLDERS, OWNERS, OFFICERS, DIRECTORS, EMPLOYEES AND OTHER REPRESENTATIVES SHALL HAVE THE BENEFIT OF THIS CLAUSE.

    Without limiting the foregoing, certain products offered on or promoted through this Site may be covered by a product warranty, and the limitations and disclaimers set forth herein will not limit or restrict any warranty for any product available for purchase on this Site or promoted through this Site.

    Applicable law may not allow the limitation of certain warranties, so all or part of this disclaimer of warranties may not apply to you.


    Limitation of liability for internal content

    All offers are non-binding. We reserve the right to change, supplement or delete parts of the pages or the entire offer without separate announcement or to stop the publication temporarily or permanently.The content of our website has been compiled with meticulous care and to the best of our knowledge. However, we cannot assume any liability for the up-to-dateness, completeness or accuracy of any of the pages. All the information on this website is published in good faith and for general information purpose only. By accessing or using this site, you agree to our Terms of Use. If you do not agree to our Terms of Use, you should not use this site.



    Limitation of liability for external links

    Our website contains links to the websites of third parties (“external links”). While we strive to provide only quality links to useful and ethical websites, we have no control over the content and nature of these sites. These links to other websites do not imply a recommendation for all the content found on these sites. Site owners and content may change without notice and may occur before we have the opportunity to remove a link, which may have gone ‘bad’.As the content of these websites is not under our control, we cannot assume any liability for such external content. In all cases, the provider of information of the linked websites is liable for the content and accuracy of the information provided. At the point in time when the links were placed, no infringements of the law were recognizable to us. As soon as an infringement of the law becomes known to us, we will immediately remove the link in question.Please be also aware that when you leave our website, other sites may have different privacy policies and terms of use, which are beyond our control. Please be sure to check the privacy policies and terms of use of these sites before engaging in any business or uploading any information.



    Modification and Discontinuation

    We reserve the right at any time and from time-to-time to modify, edit, delete, suspend or discontinue, temporarily or permanently this Site (or any portion thereof) and/or the information, materials, products and/or services available through this Site (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance of this Site.


    Definitions

    • The term “Site” refers to the Website located at TitanTool.com and owned by Titan Tool Corp..
    • The terms “Titan Tool ,” “we,” “us,” and “our” refer to Titan Tool Corp.   
    • The term “Content” refers to all of the software and code comprising or used to operate this Site, and all of the text, photographs, images, illustrations, graphics, sound recordings, video and audio-video clips, and other materials available on this Site, including User-Generated Content.   
    • The term “New Ideas” refers to the Content you post on or through this Site that is specifically about how we can improve this Site and the products and services we make available through this Site.   
    • The term “including” means “including, but not limited to.”   
    • The term “Personal Information” refers to information that identifies you personally, alone or in combination with other information available to us. Examples of Personal Information include your name, address, and e-mail address.   
    • The term “User-Generated Content” refers to all of the text, photographs, images, illustrations, graphics, sound recordings, video, audio-video clips, and other Content that you post on or through this Site using the social networking tools we make available to you and that does not constitute New Ideas. One way that User-Generated Content differs from other information you provide to us is that, once submitted, User-Generated Content is made available instantaneously to others who visit this Site. Examples of User-Generated Content include comments posted to discussion boards and product reviews.

    Waiver

    Our failure at any time to require performance of any provision of these Terms of Use or to exercise any right provided for herein will not be deemed a waiver of such provision or such right. All waivers must be in writing. Unless the written waiver contains an express statement to the contrary, no waiver by Titan Tool of any breach of any provision of these Terms of Use or of any right provided for herein will be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself, or a waiver of any right under these Terms of Use.


    Severability

    If any provision of these Terms of Use is held by a court of competent jurisdiction to be contrary to law, such provision will be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of these Terms of Use will remain in full force and effect.


    Indemnity

    You agree to indemnify and hold Titan Tool its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of this Site in violation of these Terms of Use and/or arising from a breach of these Terms of Use and/or any breach of your representations and warranties set forth above and/or if any material that you post using this Site causes or is alleged to cause us to be liable to another. We reserve the right to defend any such claim, and you agree to provide us with such reasonable cooperation and information as we may request.


    These Terms of Use May Change

    We reserve the right to update or modify these Terms of Use at any time, without prior notice, by posting the revised version of these Terms of Use behind the link marked “Terms of Use” at the bottom of each page of this Site. These changes will be effective as of the date we post the revised version on this Site. Your continued use of this Site after we have posted the revised Terms of Use constitutes your agreement to be bound by the revised Terms of Use.

    You may access the current version of these Terms of Use at any time by clicking on the link marked “Terms of Use” at the bottom of each page of this Site. 


    Entire Agreement

    These Terms of Use (together with our Privacy Policy and any click-through agreements applicable to you) contain the entire understanding and agreement between you and Titan Tool with respect to this Site and supersede all previous communications, negotiations, and agreements, whether oral, written, or electronic, between you and Titan Tool with respect to this Site and your use of this Site.