General Terms & Conditions (TAC) On Use of Products & Services by
Beepworld GmbH
Mündelheimer Weg 9
D-40472 Düsseldorf
Germany


CEOs:
David Finkenstädt
Dr. Thomas Finkenstädt
I CONTENT

I CONTENT
II CONDITIONS & RESTRICTIONS ON USE
III ACCEPTANCE
IV REGISTRATION & PRIVACY
V MEMBER & USER BEHAVIOR
VI PROVISION OF DISK SPACE & TRAFFIC
VII RESPONSIBILITY FOR MINORS
VIII DISCLAIMER OF WARRANTIES
IX LIMITATION OF LIABILITIES
X DISCLAIMER REGARDING THIRD PARTY CONTENT
XI BEEP IMAGE, SOUND & DESIGN GALLERY
XII ADVERTISERS AND CONTENT LINKED TO BEEP
XIII BEEP LOGOS
XIV INDEMNITY & RELEASE
XV LIMITATION OF ACTIONS
XVI INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS
XVII GOVERNING LAW AND FORUM FOR DISPUTES
XVIII CHANGES IN TERMS & CONDITIONS AND CHANGES IN PRODUCTS & SERVICES
XIX NON-WAIVER & SEPARABILITY
XX COMMUNICATION WITH USERS
XXI TERMINATION
XXII VIOLATIONS OF TERMS & CONDITIONS
II CONDITIONS & RESTRICTIONS ON USE
Welcome to Beep.com, owned and run by Beepworld GmbH. Beep provides homepage building and Web community services e.g. forums and chat, online surveys and more. Unless explicitly stated otherwise, any new Products & Services including the addition of new Beep properties shall be subject to these Terms & Conditions.
By using the Products & Services of Beep, represented by the CEOs of Beepworld GmbH, Germany, David Finkenstaedt and Dr. Thomas Finkenstaedt , you agree, without limitation or qualification, to be bound by, and to comply with, these Terms & Conditions and any other posted guidelines or rules applicable to any individual Beep web site, Product or Service.
You acknowledge and agree that Beep may terminate your access to Beep or to any of the Products & Services should you fail to comply with the Terms & Conditions or any other guidelines and rules published by Beep. Any such termination shall be in Beep's sole discretion and may occur without prior notice, or any notice at all. Beep further reserves the right to terminate any user's access to Beep or to any of the Products & Services for any conduct that Beep, in its sole discretion, believes is or may be directly or indirectly harmful to other users, to Beep or third parties that violates any laws or regulations.
III ACCEPTANCE
Be aware that the majority of Beep is for general audiences, although there are certain areas on Beep that may contain adult or mature content. Where there is mature or adult content, individuals who are less than 18 years of age are not permitted to access such content. There may be other areas of Beep as well not open to persons under 18 years of age.
Beep does not discriminate on the basis of age, gender, race, ethnicity, nationality, religion, sexual orientation, or any other protected status.
IV REGISTRATION & PRIVACY
Certain parts of Beep's Products & Services will require the user to register and provide certain data. In consideration of use of such Products & Services, in registering and providing such data, you affirm and warrant that:
- the information about yourself is true, accurate, current, and complete (apart from optional items) as required by various Beep registration forms ("Registration Data") and
- you will maintain and promptly update the Registration Data to keep it true, accurate, current and complete.
- All Beep registrations become the exclusive property of Beep. Beep reserves the right to use and reuse all registration and other personally identifiable user information subject to Beep Privacy Policy. Users may edit, update, or alter their personally identifiable information at any time.
We consider the protection of your personal data to be a serious matter and we therefore comply strictly with the relevant data protection laws of the US and Germany.
V MEMBER & USER BEHAVIOR
Upon registration, you will have to enter a Beep member name and will receive a password. You are responsible for maintaining the confidentiality of the password, and are fully responsible for all activities that occur under your password. Beep will not be liable for any loss or damage arising from your failure to comply with this requirement.
Registration is free of charge. A member may sign up for more than one membership.
If the site contains commercial content, it must contain a page reading 'Imprint' containing the legal requirements for a commercial site, among others at least full name, postal address, phone or fax number.
You acknowledge and agree to keep our hint on e.g. 'free site from Beep.com' at the bottom of the member page unhidden.
You expressly acknowledge and agree that Beep may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms & Conditions; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Beep, its users and the public. You further acknowledge and agree that other data collected and maintained by Beep with regard to its users may be disclosed in accordance with Beep' s privacy politics.

Beep also reserves the right to suspend or terminate any user account for any Product or Service because of user inactivity, i.e. no logging in the member area for more than an 6 months period.


You agree that you will NOT use Beep Products & Services to:
- Upload, post, email, otherwise transmit, or post links to any Content, or select any member or user name or email address, that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, pornographic, libelous, invasive of privacy or publicity rights, hateful, or racially, sexually, ethnically or otherwise objectionable, that promotes illegal activity, including without limitation the provision of instructions for illegal activity, that exploits the images of children under 18 years of age, or that discloses personally identifying information belonging to children under 18 years of age.
- Harm minors in any other way.
- "Stalk" or otherwise harass another.
- Collect or store personally identifying information about other users for commercial or unlawful purposes.
- Impersonate any person or entity, including, but not limited to, a Beep official, employee, forum moderator, chat administrator, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity.
- Disobey any Beep employee or representative or interfere with any action by any Beep employee or representative to redress any violation of these Terms & Conditions.
- Create and maintain a Beep web page that contains hyperlinks to content not permitted on Beep.
- Employ misleading email addresses or falsify information in any part of any communication , including emails, transmitted through the Products & Services.
- Upload, post, email, otherwise transmit, or post links to any Content that you do not have a right to transmit.
- Upload, post, email, or otherwise transmit, or post links to any Content that facilitates hacking.
- Upload, post, email, otherwise transmit, or post links to any Content that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights ("Rights") of any party, or contributing to inducing or facilitating such infringement. This prohibition shall include, without limitation, software, music and video piracy.
- Upload, post, email, otherwise transmit, or post links to any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas that are designated for such purpose.
- Upload, post, email, otherwise transmit, or post links to any material that contains software viruses or alike.
- Access the Products & Services after your account or access has been terminated by Beep.
- Upload, post, email, otherwise transmit, or post links to any material, or act in any manner, that is offensive to Beep community or the spirit of these Terms & Conditions.
- Advertise, offer for sale, or sell any of the following items:
o Any firearms, explosives, or weapons, any alcoholic beverages, any tobacco products for human consumption, any items that are indecent or obscene, that are hateful or racially, sexually, ethnically or otherwise objectionable, that contain child pornography, that are otherwise pornographic in nature, or are harmful to minors, any controlled substances or pharmaceuticals, any items that are counterfeit or stolen.
- You acknowledge and agree that Beep and its employees shall have the right (but not the obligation), in their sole discretion, to terminate access to, or membership in Beep, or any portion thereof, for violating these Terms & Conditions. You acknowledge and agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by or obtained through the use of Beep, including without limitation, information posted on message boards.
VI PROVISION OF DISK SPACE & TRAFFIC
Each member gets an initial disk space of 100 KB and may use up to a 3000 MB (3 GB) of bandwidth (traffic=data transfer volume) a month, independent of the disk space the site actually has.
VII RESPONSIBILITY FOR MINORS
In cases where you have authorized a minor to use the Products & Services, you recognize that you are fully responsible for: (a) the online behaviour of such minor; (b) controlling the minor's access to and use of the Products & Services; and (c) the consequences of any misuse by the minor. You acknowledge that some areas of Beep may contain material that is inappropriate for minors.
VIII DISCLAIMER OF WARRANTIES
You expressly understand and agree that Beep disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material in the Products & Services. Beep disclaims any responsibility for the deletion, failure to store, wrong or untimely delivery of any information or material. Beep disclaims any responsibility or liability for any harm resulting from downloading or accessing any information or material through the Products & Services, including, without limitation, for harm caused by viruses or similar contamination or destructive features. Beep makes no warranty regarding the reliability or accessibility of member web pages or any storage facilities offered by Beep.
You understand and agree that any material downloaded or otherwise obtained through the use of the Products & Services is done at your own discretion and risk and that you will be solely responsible for any damages to your computer system or loss of data that results in the download of such material.
The Products & Services are provided "as is," with no warranties whatsoever. All express, implied, and statutory warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights, are expressly disclaimed to the fullest extent permitted by law. Beep disclaims any warranties for the security, reliability, timeliness, and performance of the Products & Services. To the fullest extent permitted by law, Beep disclaims any warranties for other services or goods received through or advertised on the Products & Services or received through any links provided in the Products & Services, as well as for any information or advice received through the Products & Services or through any links provided in the Products & Services. Beep similarly disclaims any warranties for any information or advice obtained through the Products & Services.
Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
IX LIMITATION OF LIABILITIES
You acknowledge and agree that all information ("Content"), whether publicly posted or privately transmitted, are in the sole responsibility of the person from which such Content originated. This means that you, and not Beep, are entirely responsible for all Content that you transmit via the Beep services. Beep does not control the user or third party content posted via the Products & Services, and, as such, does not guarantee the accuracy, integrity or quality of such user or third party Content. You acknowledge and agree that by using the Products & Services, you may be exposed to content that is offensive, indecent or objectionable. Under no circumstances will Beep be liable in any way for any user or third party content. As a general matter, Beep does not have to and will not pre-screen user or third party Content posted on Beep, except for certain areas where Beep employs certain automated screening software, although Beep reserves the right to do so. Beep reserves the right to monitor some, all, or no areas of the Products & Services for adherence to these Terms & Conditions or any other rules or guidelines posted by Beep.
You expressly understand and agree that under no circumstances shall Beep be liable to any user on account of that user's use or misuse of and reliance on the Products & Services. Such limitation of liability shall apply to prevent recovery of direct, indirect, incidental, consequential, special, exemplary, and punitive damages (even if Beep or its licensors have been advised of the possibility of such damages). Such limitation of liability shall apply whether the damages arise from use or misuse of and reliance on the Products & Services, from inability to use the Products & Services, or from the interruption, suspension, or termination of the Products & Services (including such damages incurred by third parties).
Such limitation shall also apply with respect to damages incurred by reason of other services or goods received through or advertised on the Products & Services or received through any links provided in the Products & Services, as well as by reason of any information or advice received through or advertised on the Products & Services or received through any links provided in the Products & Services. Such limitation shall apply, without limitation, to the costs of procurement of substitute goods or services, lost profits, or lost data. Such limitation shall apply with respect to the performance or non-performance of the Products & Services or any information or merchandise that appears on, or is linked or related in any way to, Beep. Such limitation shall apply notwithstanding any failure of essential purpose of any limited remedy. Such limitation shall apply to the fullest extent permitted by law.
Such limitation of liability shall also apply to any damage caused by loss of access to, deletion of, failure to store, failure to back up, or alteration of member web pages or other content stored through Beep. Under no circumstances shall Beep or its licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control including third parties failure to deliver timely.
In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, the foregoing limitation may not apply to you.
X DISCLAIMER REGARDING THIRD PARTY CONTENT
Beep offers access to numerous third party web pages and content available over the Internet. In overwhelming majority instances, including, but not limited to, sites displayed as search results or contained within a directory of links, Beep has no control whatsoever over the content of such sites. In other instances, including, but not limited to, web pages hosted on Beep or provided to Beep by third parties, Beep may set guidelines for what may appear on such websites and may engage in certain screening, but generally exercises no control over the content of such web pages and is unable to monitor all such content. Similarly, web pages hosted by Beep are posted by third parties, and, with the exception of certain automated screening functions, Beep cannot and does not screen such web pages before they are made accessible to other users of Beep. Accordingly, neither Beep nor its licensors assume any responsibility for the content of any site included in any search results or otherwise linked to Beep web sites or in any web page hosted for a third party within Beep. In instances where Beep does review the sites that are displayed in directories, indices, and/or references, or where Beep makes available directories, indices, and/or references of sites compiled by third parties, the content located at such sites was developed third parties, and review of such sites by Beep, if any, is narrowly limited to that which is necessary for compiling the particular set of links.
XI BEEP IMAGE, SOUND & DESIGN GALLERY
LIMITED LICENCE: Use of a.m. Beep Gallery indicates acceptance of the following: Some of the images made available through Beep Gallery may be copyrighted which may also be subject to certain other legal rights. You may only utilize each item from the gallery for use within your Beep web site. Neither Beep nor our IMAGE, SOUND & DESIGN providers will be responsible or liable to you for any direct, incidental, consequential, indirect, or punitive damages that result from your access to or use or misuse of the items offered in the Beep Gallery.
XII ADVERTISERS AND CONTENT LINKED TO BEEP
Beep may provide, or third parties may provide, links to other sites or resources located on the Internet by allowing a user to leave Beep to access third-party material or by bringing the third party material into this site via "inverse" hyperlinks and framing technology. Beep has no control over such sites and resources. You acknowledge and agree that Beep is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Beep shall not be 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 such content, goods or services available on or through any such site or resource.

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through Beep Products & Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Beep shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Products & Services.
XIII BEEP LOGOS
Beep offers a non-assignable, non-transferable, and non-exclusive license to link to Beep's web sites, using Beep logos, subject to the following provisions. Beep logos may be placed on a Web site for the sole purpose of creating a link to Beep and allowing users of your site to access the Products & Services on Beep. Beep logos may not be used for any other purpose, including, among others, to suggest sponsorship by, or affiliation with, or endorsement by Beep. Beep reserves the right to take action against any use that does not conform to these provisions.
XIV INDEMNITY & RELEASE
By using Beep web sites you agree to indemnify Beepworld GmbH and its parents, subsidiaries, affiliates, officers, employees, and licensors and hold them harmless from any and all claims and expenses, including attorney's fees, arising from your use of Beep web sites, your use of the Products & Services, or your submission of ideas and/or related materials to Beep or from any person's use of any account or password you maintain with any portion of Beep, regardless of whether such use is authorized by you. By using Beep, using the Products & Services, or submitting any ideas and/or related materials to Beep, you are hereby agreeing to release Beep and its parents, subsidiaries, affiliates, officers, employees, and licensors from any and all claims, demands, debts, obligations, damages (actual or consequential), costs, and expenses of any kind or nature whatsoever, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, that you may have against them arising out of or in any way related to such disputes and/or to the Products & Services or to any disputes regarding use of ideas and/or related materials submitted to Beep.
XV LIMITATION OF ACTIONS
You acknowledge and agree that, regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of, or relating to, your use of Beep or the Products & Services must be filed within one (1) year after such claim or cause of action arises, or forever be omitted.
XVI INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS
It is the policy of Beep to respond diligently to claims of intellectual property infringement and hotlinking. However, the complaining party must first ask the user as the legally responsible person to respond to its notification on infringement and remove the cause. If there is no response in a given time of e.g. 5 workdays, Beep may be informed.
Beep will then promptly process and investigate those notices of alleged infringement and will take appropriate actions, i.e. to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity, bar the site, remove or disable access to any reference or link to material or activity that is claimed to be infringing.
Notices of claimed infringement should be submitted to:
Thomas Finkenstaedt, PhD
Email address: complaint@Beep.com
Please put "Notice of Infringement" in the subject line of all such notifications and attach the mail that you have submitted to the user and where you did not get a (proper) response to.
XVII GOVERNING LAW AND FORUM FOR DISPUTES
For all legal issues arising from or related to the use of the Beep Products & Services the Laws of Germany, NRW, the site of principle office of Beepworld GmbH, operating www.Beep.com, shall apply. The sole jurisdiction for any disputes arising from and pertaining to the use of the Beep Products & Services is in the city of Duesseldorf, Germany.
XVIII CHANGES IN TERMS & CONDITIONS AND CHANGES IN PRODUCTS & SERVICES
Beep reserves the right to modify the Products & Services and these Terms & Conditions from time to time, for any reason, and without notice. Please review these Terms & Conditions from time to time so you will be apprised of any changes.
XIX NON-WAIVER & SEPARABILITY
Beep's failure to exercise any right or provision of these Terms & Conditions shall not constitute a waiver of such right or provision. If a court of competent jurisdiction holds any provision of these Terms & Conditions to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and agree that the other provisions of these Terms & Conditions remain in effect.
XX COMMUNICATION WITH USERS
You consent to receive communications from Beep concerning your use of the Products & Services. The Communications may be those that Beep is required to send to you by law concerning the Products & Services. The Communications may also be those that Beep sends to you for other reasons. You consent to receive Communications electronically. Beep may provide these Communications to you by sending an email to the email address you provided in connection with your account or by posting the Communication on Beep. If you consent to receive Beep's regular newsletter you agree as well that Beep sends you from time to time selected newsletters with product and/or service informations.
XXI TERMINATION
These Terms & Conditions shall continue in effect for as long as you use the Products & Services, unless specifically terminated earlier by Beep.
XXII VIOLATIONS OF TERMS & CONDITIONS
Should you violate these Terms & Conditions or any other rights of Beep and Beepworld GmbH, Beep reserves the right to pursue any and all legal and equitable remedies against you, including, without limitation, terminating any and all user accounts on any and all of Beep web sites.

If you are aware of any violations of these Terms & Conditions, please report them to:
Thomas Finkenstaedt, PhD
Email Address: abuse@Beep.com